A.
Where areas or instances of design arise not directly
addressed by this chapter, the guidelines, policies and standards
of practice of the Pennsylvania Department of Transportation, Pennsylvania
Department of Conservation and Natural Resources, the United States
Department of Agriculture Soil Conservation Service, the United States
Department of Transportation, Montgomery County Soil and Water Conservation
District, the American Society of State Highway and Transportation
Officials, the American Society of Civil Engineers, the Institute
of Traffic Engineers and other generally recognized design authorities
shall be consulted and observed by the applicant. In all instances
where the minimum standards of design are not sufficient to protect
the health, welfare and safety of the public, the Board of Supervisors,
upon the advice of the Township Planning Commission and Engineer,
reserves the right to require higher standards of design.
B.
The following principles of subdivision and land development,
general requirements and minimum standards of design shall be observed
by the applicant in all instances.
(1)
All portions of a tract being subdivided shall be
taken upon in lots, streets, public lands or other proposed uses so
that remnants and landlocked areas shall not be created. Exceptions
may be made at the discretion of the Township Supervisors, upon recommendations
from the Township Planning Commission, when a limited number of lots
(comprising no more than 15% of the total area of any tract) are created,
which clearly will not affect the ultimate development of a particular
tract. The burden of proof is on the applicant to show that limited
subdivision will not affect the ultimate development of the entire
tract.
(2)
Whenever possible, applicants shall preserve trees,
groves, waterways, scenic points, historic spots and other community
assets and landmarks. The applicant should refer to the Comprehensive
Plan for Franconia Township and the Montgomery County Resource Protection
Plan to help identify features worthy of preservation.
(3)
Subdivision and land developments should be laid out
so as to avoid the necessity for excessive cut or fill unless specifically
warranted by terrain or location.
(4)
Low-lying land subject to periodic flooding (flood-prone
area) shall not be subdivided or developed for residential purposes
or for any other use which may involve danger to the health, safety,
morals and general welfare of the community.
(5)
Public water shall be provided to supply water to all subdivisions and land developments unless the Board of Supervisors grants a waiver of this requirement pursuant to the standards and criteria of § 122-16A.
[Amended 8-9-1994 by Ord. No. 210]
(6)
Where the subdivision or land development is inaccessible
to sanitary sewers, the Board of Supervisors shall require the subdivider,
developer or builder to obtain from the Sewage Enforcement Officer
certificates of approval of the sewage disposal facilities to be provided
by the subdivider, developer or builder, in accordance with current
state regulations. If the proposal involves a package treatment system,
the Board of Supervisors shall require the applicant to obtain the
applicable certificates of approval from the District Sanitarian of
the Department of Conservation and Natural Resources.
(7)
Applicants shall observe the ultimate rights-of-way
for contiguous existing streets as prescribed by the Official Map
Summary of Franconia Township. Applicable building setback lines,
as defined by the Township Zoning Ordinance of current adoption,[1] shall be delineated as measured from the ultimate right-of-way.
(8)
Proposed subdivision and land development shall be
coordinated with the existing nearby neighborhood, as well as with
abutting tracts where future development is possible so that the community
as a whole may develop harmoniously.
(9)
Improvement construction requirements will be completed
under specifications of the Pennsylvania Department of Transportation,
the Pennsylvania Department of Conservation and Natural Resources
and the Montgomery County Conservation District, or other appropriate
agencies or under the specifications included herein, and whichever
specifications are most stringent shall take precedence over any less
restrictive law, ordinance or regulation.
(10)
The subdivider, developer or builder shall,
where specified by the Board of Supervisors, construct and install,
with no expense to the township, the streets, curbs, sidewalks, water
mains, sanitary and storm sewers, streetlights, fire hydrants, street
signs, shade trees, monuments and other facilities and utilities specified
in this article. Construction and installation of such facilities
and utilities shall be subject to inspection by appropriate township
and Authority officials during the progress of the work, and the subdivider
shall pay for inspection.
(11)
No part of any detention basin shall occupy any area or portion
of the pedestrian or vehicular circulation system on the lot. No part
of any detention basin shall be located within 10 feet of any property
line. All manufactured parts of any detention basin shall be screened
by evergreen plantings so as to be invisible from off of the property.
The maximum depth of any detention basin, measured from the lowest
point in the basin to the top of the emergency spillway, shall be
determined by the Township Engineer.
[Added 12-14-2015 by Ord.
No. 385]
A.
The Board of Supervisors may grant a modification
or waiver of the requirements of one or more of the provisions of
this chapter when literal compliance with mandatory provisions of
this chapter is shown to the satisfaction of the Board of Supervisors
to be unreasonable or to cause undue hardship or when an alternative
standard can be demonstrated to provide equal or better results or
if literal enforcement of the mandatory provisions of this chapter
will exact undue hardship because of peculiar conditions pertaining
to the land in question, provided that such modification or waiver
will not be contrary to the public interest and that the purpose and
intent of this chapter is observed. All requests for modifications
and waivers shall be in writing and shall accompany and be a part
of the subdivision and/or land development application. The request
shall state in full the grounds and facts of unreasonableness or hardship
on which the request is based, the provision or provisions of this
chapter involved and the minimum modification necessary. The township
shall keep a written record of all action on all requests for modifications
and waivers.
[Amended 11-12-1990 by Ord. No. 177]
B.
The standards included in these regulations are minimum
design requirements. The Board of Supervisors reserves the right in
any case to request that development features exceed these standards
if conditions so warrant.
C.
In reviewing subdivision or land development plans,
the governing body may refer such plans to the Township Planning Commission
and Township Engineer for recommendations concerning the adequacy
of existing and proposed community facilities to serve the additional
dwellings proposed by the subdivision or land development.
D.
Subdividers are requested to give careful consideration
to the desirability of providing adequate rights-of-way and paving
on existing streets and reserving areas and easements for facilities
normally required in residential areas, including churches, libraries,
schools and other public buildings, parks, playgrounds and playfields;
shopping and local business centers; and rights-of-way and easements
for stormwater, water and sanitary sewer facilities in those areas
that cannot be immediately joined to the existing stormwater, water
and sanitary sewer systems of the township.
E.
Areas provided or reserved for such community facilities
should be adequate to provide for building sites, landscaping and
off-street parking as appropriate for the proposed. The Board of Supervisors
reserves the right to accept or refuse offers of dedication for public
uses.
[Amended 9-14-1987 by Ord. No. 136]
Unless specified otherwise by the Board of Supervisors,
all new streets or widened portions of all existing public rights-of-way
intended for public use shall be dedicated to the township. However,
where a development abuts a state-owned right-of-way, the applicant
shall request the appropriate state agency to accept dedication. In
the absence of a specific legal record to the contrary, the center
line of any existing right-of-way for a street is to be determined
by a licensed professional surveyor and the Township Engineer.
A.
Street system.
(1)
Conformance with adopted plans. The proposed street
pattern shall conform to existing streets, to the township plan of
streets and to such county and state road and highway plans as have
been duly adopted.
(2)
Arrangement. Streets shall be arranged in a manner
to meet with the approval of the Board of Supervisors considered in
relation to both existing and planned streets and located so as to
allow proper development of surrounding properties. Secondary and
through highways shall be connected with such existing streets and
highways so as to form continuations thereof. Residential streets
shall be laid out so as to discourage their use as secondary streets
or through highways.
(3)
Conformity with topography. Streets shall be adjusted
to the contour of the land so as to produce usable lots and streets
of reasonable grade, alignment and drainage.
(4)
Grading. Streets shall be graded to the full width
of the ultimate right-of-way and provision made for slopes beyond
the ultimate right-of-way in conformance with township specifications.
(5)
Provisions of streets for future development. Access
shall be given to all lots and portions of the tract in the subdivision
and to adjacent unsubdivided territory. Streets giving such access
shall be improved to the limits of the subdivision. Remnants, reserve
strips and landlocked areas shall not be created.
(6)
New streets. New streets shall be designed to continue
existing streets at equal or greater right-of-way and cartway width,
where practical.
(7)
Dead-end streets. Dead-end streets are prohibited unless designed as culs-de-sac or designed for future access to neighboring tracts. In the case of the latter, the requirements of Subsection C of this section shall be met.
(8)
Street names. Continuations of existing streets shall
be known by the same name. Names for new streets shall not duplicate
or closely resemble names of existing streets. All street names are
subject to the approval of the Township Planning Commission and the
Board of Supervisors.
(9)
Half streets. The dedication of half streets at the
edges of a new subdivision is prohibited. If circumstances render
this impracticable, adequate provision for the concurrent dedication
of the remaining half of the street must be furnished by the subdivider,
developer or builder. When there exists a half street in an adjoining
subdivision, the remaining half shall be provided by the proposed
development.
B.
Street alignment.
(1)
Sight distance on horizontal and vertical curves.
Proper sight distance should generally be provided with respect to
both horizontal and vertical alignments. Measured along the center
line, this should be 800 feet for primary roads; 400 feet for secondary
roads; and 200 feet for local residential streets as related to posted
speed limits and measured at the center line and at a driver's eye
height of 3.75 feet.
(2)
Horizontal curves shall generally be used at all changes
in excess of 2º and shall consider distance, change in grade,
alignment and friction. Long radius curves shall be used rather than
a series of curves connected by short tangents; minimum radius curves
at the end of long tangents.
(a)
Curvature. The minimum radius at the center
line for horizontal curves on primary streets shall be 300 feet; for
secondary streets, 200 feet; and for all other streets, 150 feet.
(b)
Tangents between curves. Except for local streets
there shall be a tangent of at least 100 feet measured at the center
line between reverse curves.
(3)
Vertical curves. Vertical curves shall be used at
changes in grade of more than 1%. The length of the curve shall approximate
50 feet on secondary streets and 25 feet on all other streets for
each 1% of change in grade. Over summits or in sumps, vertical curves
shall not produce excessive flatness in grade. The high or low point
on a vertical curve must be definitely and clearly shown. All vertical
curves shall comply with American Association of State Highway Officials
standards.
(4)
Street grades.
(a)
There shall be a minimum grade of at least 1%
on all streets.
(b)
Maximum grade. There shall be a grade of 7%
on primary and secondary streets, and 10% on all other streets for
distances of not more than 1,500 feet. However, grades in excess of
5% shall be avoided wherever possible. The grade shall be measured
along the center line.
(c)
Curve-grade combinations. A combination of minimum
radius horizontal curves and maximum grades will not be approved.
(d)
Street intersections. The grade within 50 feet
of any side of an intersection or the outer perimeter of a cul-de-sac
shall not exceed 4%. The grade shall be measured along the curbline
of the street.
(e)
Street grading. All streets shall be graded
to the grades shown on the street profile and cross-section plan submitted
and approved with the preliminary plan of subdivision and land development.
They shall be inspected and checked for accuracy by the Township Engineer.
C.
Right-of-way width, paving width and curbing.
(1)
Classification. All streets will be classified as
"marginal access," "rural," "residential," "cul-de-sac," "secondary"
or "primary" and shall be governed as follows.
(2)
The minimum widths of the right-of-way and the paving
and the requirements for curbing shall not be less than those of an
existing street of which the new street is to be a continuation, nor
less than the following:
(a)
Marginal access streets. Marginal access streets
serve as minor streets for access to adjacent properties on only one
side of the street. This type of street runs parallel and adjacent
to a primary or secondary street and serves to reduce the number of
access points which intersect the larger streets, thereby increasing
the efficiency and safety of traffic flow along the major street while
providing adequate access to abutting development. All marginal access
streets shall consist of an additional right-of-way abutting and measured
from the ultimate right-of-way line of the major street as defined
by the Township Official Map Summary.
[1]
The Township Engineer shall stipulate curbing
type, grass strip size and cartway width.
[2]
In addition to the above regulations, marginal
access streets shall meet the following standards:
[a]
Marginal culs-de-sac will meet
marginal street regulations with a standard cul-de-sac turnaround
at the closed end.
[b]
Where marginal access streets form
a necessary leg of another classification of street, they shall be
governed by the regulations of the other street classification.
[c]
Where sidewalks do not exist or
should be replaced, they shall be installed in the outermost portion
of the right-of-way of the marginal street.
(b)
Residential streets. Residential streets shall
be those which are used strictly to serve residential areas and do
not serve as through streets in a development. They shall have a minimum
right-of-way width of 50 feet and shall have a minimum paved width
of 30 feet. Construction of the street, curbing and sidewalk shall
be in accordance with specifications hereinafter included in these
standards.
(c)
Cul-de-sac streets. Cul-de-sac streets shall
be those streets with one end open for vehicular access and the other
terminating in a vehicular turnaround or a "P" loop road, further
defined as follows:
[Amended 6-17-2008 by Ord. No. 348]
[1]
Permanent cul-de-sac streets with vehicular
turnaround:
[a]
Shall be constructed to the specifications
of street curbing and sidewalks hereinafter included in these standards.
No parking shall be permitted in the bulb of the cul-de-sac (with
and without landscaped islands).
[b]
Shall not be less than 250 feet
nor more than 750 feet in length, as measured from the center line
of the through street to the center of the cul-de-sac turnaround.
[c]
A maximum of five curb depressions
are permitted on the bulb of the cul-de-sac, with the bulb beginning
at such points as the street right-of-way exceeds the standard parallel
width.
[d]
Culs-de-sac in all residential
zoning districts shall contain a landscaped island in the turnaround
that shall meet the following design standards:
[i]
For turnarounds, the cul-de-sac
shall be provided with a circular vehicular turnaround at the closed
end comprised of a twenty-six-foot-wide curbed and paved cartway with
an inside radius of 60 feet and an outside radius of 86 feet, within
a right-of-way with an inside radius of 50 feet and outside radius
of 96 feet.
[ii]
At the closed end of the cul-de-sac,
there shall be a landscaped island with a radius of 50 feet which
meets the following requirements:
[A]
The landscaped island shall be
owned and maintained by a homeowners' association. The bylaws of the
homeowners' association, and all documents governing ownership, maintenance
and use restrictions for common facilities, shall be submitted to
and approved by the Township Board of Supervisors, in consultation
with the Township Solicitor.
[B]
Provisions for snow storage shall
be provided in all turnaround islands. A snow storage easement shall
be shown on the plans.
[e]
Culs-de-sac in nonresidential zoning
districts shall be provided with a circular vehicular turnaround at
the closed end with a minimum outer paved radius of 60 feet within
a minimum right-of-way radius of 70 feet. Additional cartway and/or
right-of-way radius may be required. A snow storage easement shall
be provided at the rear of the cul-de-sac bulb. The easement shall
be centered on the projection of the cartway center line into the
bulb right-of-way and adjoining lot for a minimum depth of 15 feet
from the right-of-way and a minimum arc length width of 50 feet, or
as may be modified at the discretion of the Township Board of Supervisors
upon advice of the Public Works Director and Township Engineer.
[f]
The Fire Marshal shall review all
proposals for culs-de-sac to determine the need for an emergency vehicular
access. The requirement for, location of and design of the emergency
vehicular access shall be subject to the Fire Marshal's approval.
[2]
Temporary cul-de-sac streets with vehicular
turnaround:
[a]
May be temporarily closed at one
end, with the intent to extend the street onto the abutting tract
upon its development.
[b]
Shall be built to the tract boundary
line at a location and grade that are logical for extension onto the
abutting tract, but shall not exceed 750 feet in length.
[c]
Shall not be extended as a cul-de-sac
street, but shall be connected to another through street.
[d]
Shall form a logical step in the
circulation pattern of the area in which it is located.
[e]
Shall be provided with a vehicular
turnaround at the closed end, abutting the tract boundary, with a
paving radius of at least 42 feet.
[i]
Construction shall meet the same
requirements as for a permanent cul-de-sac turnaround with the exception
of the dimensional requirements.
[ii]
Those portions of the turnaround
extending beyond the standard street right-of-way shall be located
on temporary access easements, valid only until the road is extended.
[iii]
Upon extension of the street,
the full rights and responsibilities for the area of the temporary
easements shall revert to the owners of the lots on which they were
located.
[f]
The developer responsible for extension
of the street shall also be responsible for the following:
[i]
Removal of all curbing and paving
of the temporary turnaround beyond the width of the street's cartway.
[ii]
Installation of new sidewalk,
curbing and cartway paving to complete the street connection.
[iii]
Extension of utilities as necessary.
[iv]
Repair of any improvements damaged
in the process.
[v]
Grading, installation and/or restoration
of lawn areas where affected by this removal and construction process.
[3]
Permanent "P" loop roads:
[a]
Shall be constructed to the specifications
of street curbing and sidewalks hereinafter included in these standards.
[b]
Shall not be less than 250 feet
nor more than 800 feet in length, as measured from the center line
of the through street to the center line of the intersecting streets
that form the loop.
[c]
Shall only be accessed by a boulevard
entrance with a minimum right-of-way of 60 feet. A landscaped island
in the boulevard entrance shall be provided that meets the following
design standards:
[i]
At the center of the boulevard
there shall be a ten-foot-wide island which meets the following requirements:
[A]
The landscaped island shall be
owned and maintained by a homeowners' association. The bylaws of the
homeowners' association and all documents governing ownership, maintenance
and use restrictions for common facilities shall be submitted to and
approved by the Township Board of Supervisors, in consultation with
the Township Solicitor.
[B]
The landscaping of the island is
to be designed by a landscape architect.
[d]
A minimum of six full-frontage
lots and a maximum of 15 lots will be permitted on the "P" loop portion
of the roadway. This includes all lots on the outside and within the
"P" loop.
(d)
Secondary streets. Secondary streets shall be
defined in two ways:
[1]
A secondary feeder street shall be those which
are used as connecting and through streets to serve residential areas
and to connect residential streets to collector roads and community
facilities, with light traffic volumes. They shall have a minimum
right-of-way of 60 feet and shall have a minimum paved width of 36
feet. Construction of the street, curbing and sidewalk shall be in
accordance with specifications hereinafter included in the standards;
[2]
A secondary collector street will serve to connect
feeder streets and residential streets to other feeder roads, community
facilities, and major highways, with medium traffic volume. Additionally,
collector streets may also serve business or industrial areas. They
shall have a minimum right-of-way width of 80 feet and shall have
a minimum paved width of 40 feet.
(e)
Primary streets. Primary streets connect population
centers or communities serving large volumes of fast-moving through
traffic and shall be defined in three ways:
[1]
Limited access highways that deny access to
adjacent property owners and provide access at only a limited number
of grade-separated interchanges. They shall have a minimum right-of-way
of 150 feet, widened appropriately at interchanges, containing:
[2]
Controlled access highways which provide for
access at a few grade-level intersections (e.g., with other major
streets, large shopping centers, etc.). They shall have a minimum
right-of-way of 100 feet, appropriately widened at intersections for
turning lanes, channelization, etc., and containing:
[3]
Semicontrolled access highways which place lesser
restrictions on the access of adjacent property owners by providing
more frequent access points at grade-level intersections (e.g. with
secondary streets, marginal access streets etc.). They shall have
a minimum right-of-way of 100 feet, appropriately widened at intersections
for turning lanes, channelization, etc., and containing:
D.
Street width. The following general standards shall
apply to street width.
(1)
The minimum width of the right-of-way and paving and the requirements for curbing shall not be less than those of an existing street of which the new street is to be a continuation, nor less than as required above in Subsection C.
(2)
Minimum right-of-way width for development along existing
streets shall correspond with ultimate right-of-way for these streets,
as defined on the Township Official Map Summary.
(3)
The area between an existing right-of-way line and
the ultimate right-of-way line should be offered for dedication to
the authority having jurisdiction over the road when land is subdivided
or developed along an existing right-of-way.
(4)
Islands, medial strips and channelization may be required
in any area where traffic volumes warrant their use for safety and
efficiency, and may be permitted in any area at the discretion of
the Board of Supervisors. Such devices on state roads must meet or
exceed the requirements of the Pennsylvania Department of Transportation.
(6)
No fences, hedges, trees, shrubbery, walls, plantings
or other obstructions shall be located or be permitted within the
right-of-way except for ground covers such as grass, ivy, crown-vetch
or horizontally spreading shrubs less than one foot high, or retaining
walls necessitated by road widening and constructed by the authority
having jurisdiction over the road.
E.
Alleys. Alleys are prohibited in residential developments.
In commercial or industrial districts without expressly designed loading
areas, alleys with a minimum width of 25 feet shall be required. Where
such alleys dead-end, they shall be provided with a turnaround having
a radius of not less than 25 feet. The cartway shall be a minimum
of 20 feet. Exceptions may be made when an alley from an adjacent
borough is extended into the township.
(1)
The paving requirements shall be the same as for street
paving.
(2)
Intersections of right-of-way lines shall be rounded
by a tangential arc, the minimum radius of which shall be 10 feet,
and the edge of the paving at intersections shall be rounded by a
tangential arc the minimum radius of which shall be 15 feet.
(3)
No fences, hedges, trees, shrubbery walls, plantings
or other obstructions shall be located within the right-of-way. Reasonable
sight distance shall be provided at intersections with streets.
F.
Paving. The minimum pavement for all residential streets
and all commercial, industrial and multifamily parking areas and driveways
shall be installed as shown on the final plan and in accordance with
the following standards. The Township Engineer may establish more
stringent requirements for higher class highways and special industrial
and commercial uses.
(1)
General. All paving shall be constructed, both as
to materials and methods, generally in conformance with applicable
portions of the Pennsylvania Department of Transportation Specifications
Form 408, current edition. Size and dimensions shall be set forth
in these regulations.
(2)
Pavement design. The pavement shall have a minimum
total compacted depth of 14 1/2 inches consisting of one-inch screenings
under 10 inches of crushed aggregate base course and 3 1/2 inches
of bituminous surface course ID-2A [two inches binder and 1 1/2 inches
wearing in separate application] conforming to the Pennsylvania Department
of Transportation Specifications Form 408.
(3)
Paving cross section. All pavements, except where
superelevated for curbs, shall have a minimum slope from the center
of the road to the gutter line of 1/4 inch per foot and a maximum
slope of 3/8 inch per foot.
G.
Street intersections.
(1)
Number of intersections. No more than two streets
shall cross at the same point. Four-way intersections are to be avoided
in the layout when three-way or T-intersections can be utilized. When
existing streets intersect at odd angles, or have more than four approaches,
the subdivider, developer or builder shall be required to make corrective
changes to eliminate the odd angle or reduce the number of approaches
to the intersection by curving the lesser street.
(2)
Minimum angle of intersection. Right angle of intersections
shall be used whenever practicable, especially when local streets
empty into major or secondary streets. There shall be no intersection
angle, measured at the center line, of less than 90º minimum.
(3)
Center line. Where center lines of residential or
secondary streets open into opposite sides of a major street within
100 feet of each other they shall be made to coincide by curving the
minor street or streets.
(4)
Primary thoroughfare. Wherever practicable, intersections
with through highways shall be kept to a minimum and shall be located
at least 800 feet apart.
(5)
Sight distance. Proper sight lines shall be maintained
at all intersections of streets. There shall be measured along the
center line a minimum clear sight triangle of 75 feet from the point
of intersection. No building, trees, hedge, shrubbery or other obstruction
whatsoever will be permitted in this area. Any obstruction to sight
shall be removed at the time a building or structure is erected, whichever
shall first occur.
(6)
Maximum grade. Maximum grade within any intersection
shall not exceed 1%, and approaches to an intersection shall follow
a straight horizontal course for 100 feet.
(7)
Approach grades. All approaches to an intersection
shall not exceed 4% for a distance of 50 feet measured from the nearest
right-of-way line of the intersecting street.
(8)
Radii of pavement and right-of-way at intersections.
Street intersections shall be rounded with tangential arcs at pavement
edge (curbline) and right-of-way lines as listed below. Where two
streets of different right-of-way widths intersect, the radii of curvature
for the widest street shall apply.
|
Type of Street
|
Minimum Radius of Arc at Intersection
of Pavement Edge or Curbline
(feet)
|
Minimum Radius of Arc at Intersection
of Right-of-Way Line
(feet)
| |
|---|---|---|---|
|
Primary
|
35 (or more as may be required)
|
20 (or more as may be required)
| |
|
Secondary
|
35
|
20
| |
|
Residential
|
25
|
15
| |
|
Cul-de-sac
|
25
|
15
|
H.
Ownership and maintenance of streets. New roads designed to Township
specifications shall be offererd to the Township for dedication for
ownership and maintenance via a note on the record plan and through
deeds of dedication. Private roads to be owned and maintained by a
homeowners' association shall be designed to meet the minimum Township
specifications. An easement shall be provided over private roads and
associated sidewalk to benefit the Township and memorialized by an
easement agreement.
[Added 1-20-2020 by Ord.
No. 409]
I.
Street signs.
[Added 1-20-2020 by Ord.
No. 409]
(1)
All streets, both public and private, shall be properly marked with
street signs in a manner and form acceptable to the Township. Existing
street signs are grandfathered until such time as they need to be
replaced. New street signs shall comply with the following specifications:
(a)
The sign and pole on which the sign is mounted shall meet the approved
current Township and/or Pennsylvania Department of Transportation
standards and specifications for street signs as set forth within
the current edition of the Manual on Uniform Traffic Control Devices,
as amended (MUTCD).
(b)
The text shall be in reflective white letters and/or numbers in accordance
with the minimum retro-reflectivity requirements of the MUTCD.
(c)
The sign shall be located on a pole at least seven feet tall.
A.
General.
(1)
The term "access driveways" is defined as any means
for passage of vehicles between property abutting on a township highway
and the highway. It shall be deemed to include that part of the driveway
that lies within the established right-of-way limits of the township
highway. It will also include such drainage structures as may be necessary
for the proper construction and maintenance thereof.
(2)
Plans and specifications. All construction, grading
or planting within the right-of-way of township roads shall be executed
in accordance with plans and specifications showing all proposed works
in a manner satisfactory to the township. Such plans may be part of
or included in plans prepared for building, zoning, subdivision or
sewage applications.
(3)
Permits.
(a)
A permit will be issued in writing when a plan
is deemed satisfactory to the township.
(b)
Under no circumstances whatever shall a verbal
approval or permission given by anyone be considered a justification
for any deviation from the approved plans, or the violation of any
of the rules and regulations governing construction within the right-of-way
of township highways.
(4)
Fees. The applicant requesting a permit to construct
shall pay over to the township such filing fee as the Board of Supervisors
shall establish from time to time by resolution.
(5)
Supervision. It shall be the duty of the Township
Roadmaster or his representatives to supervise, superintend and inspect
all work within the right-of-way of the township highway in conformity
with the ordinances of the township.
(6)
Notice. Notice must be given said inspector when the
work is sufficiently advanced for inspection, when it shall be the
duty of the proper officer to inspect the same within two working
days after receipt of said notification.
(7)
Objective.
(a)
The Board of Supervisors is of the opinion that
it is necessary that the location, design, construction and maintenance
of driveways entering upon township highways be regulated for the
purpose of security for such highways, economy of maintenance, preservation
of proper drainage and safe and convenient passage of traffic thereon.
(b)
The object of these regulations is to establish
uniform controls governing such location, design, construction and
maintenance. The Board of Supervisors is cognizant of the fact that
abutting property owners have the right of access, except along limited
access highways. It must be recognized, however, that indiscriminate
roadside development and uncontrolled highway connections can result
only in lower highway capacity and increased hazard to all traffic.
B.
Location, design and construction.
(1)
All driveways shall be located, designed and constructed
in such a manner as not to interfere or be inconsistent with the design,
maintenance and drainage of the highway.
(2)
Access driveways shall be located in such manner that
they will not cause the following: interference to the traveling public;
a hazard to the free movement of normal highway traffic; or areas
of undue traffic congestion on the highway. In accordance with this
principle, driveways should be located where the highway alignment
and profile are favorable; i.e., where there are no sharp curves or
steep grades and where sight distance, in conjunction with the driveway
access, would be adequate for safe traffic operation.
(3)
Access driveways should not be located at interchanges,
ramp areas or locations that would interfere with the placement and
proper functioning of highway signs, signals, detectors, lighting
or other devices that affect traffic control. The location of a driveway
near a signalized intersection that has an actuated traffic signal
may include a requirement that the permittee provide (without expense
to the township) additional detectors for the control of traffic movement
from his establishment or for relocation of existing detectors.
(4)
Where subdivision or land development will allow or
require a series of driveway intersections with primary or secondary
streets only 200 feet apart or less, a marginal access street should
be used.
(5)
The Board of Supervisors shall have the authority
to approve driveways intended for the use of two or more families,
apartment developments, commercial and industrial projects where usage
by the occupants constitutes private streets are those accessways
used by two or more families daily or 10 or more workers daily for
vehicular circulation. Driveways serving as private streets shall
not be dedicated to the municipality nor does the municipality assume
any responsibility for their maintenance. In some instances, however,
especially where five or more dwelling units are served, the proposed
accessway should be considered as a public street. Accessways serving
less families may be considered public streets, where in the opinion
of the Board of Supervisors, they are necessary for public safety
and convenience. No private streets shall be permitted in residential
areas.
(7)
The Board of Supervisors shall evaluate the location,
placement and alignment of driveways serving as private streets based
upon the ease of accessibility to and efficient maneuverability through
the development for protective services of fire and police.
(8)
Where a property abuts a state right-of-way, and where
a driveway extends from that right-of-way to the interior of the property,
the applicant must obtain a permit from the Pennsylvania Department
of Transportation indicating compliance with all applicable standards
and criteria.
(9)
Construction of driveways to be used as private streets
shall conform to minimum design standards for public streets.
(10)
The owner, and all successors, of the property
which is to abut any driveway serving as a private street shall be
fully responsible for the permanent improvement of the driveway(s)
and for the maintenance thereof in a good and safe condition.
(11)
Where highway curbs exist, driveway approaches
shall be installed 1 1/2 inches above the adjacent highway or gutter
grade to maintain the proper drainage.
(12)
Where highway curbs do not exist, driveways
shall be constructed in such a manner as not to interfere with the
drainage grade line of shoulders.
(a)
If, in the opinion of the Roadmaster, a pipe
is required to maintain the grade line, the permittee shall install
such oval pipe at his expense, parallel to the pavement edge and at
a minimum distance of 10 feet therefrom and on the grade line as directed
by the Roadmaster (unless advised to the contrary by the Township
Engineer).
[Amended 9-14-1987 by Ord. No. 136]
(b)
Where a pipe is placed in the shoulder line
the driveway may slope away from the roadway at a lesser gradient
than the normal shoulder slope but not less than 1/4 inch per foot
from the paving edge to the pipe.
(c)
The minimum pipe length shall be equal to the
width of the driveway plus eight feet.
C.
Number and arrangement of access driveways. The permissible
number, arrangement and width of driveways shall be governed in part
by the highway frontage of abutting private property. The number of
driveways permitted shall be the minimum number required to serve
adequately the needs of the abutting property. Frontages of 50 feet
or less shall be limited to one driveway. Normally not more than two
driveways need to be provided to any single property tract or business
establishment. Exception may be made where the frontage exceeds 300
feet in length or where the frontage is along a divided highway. In
such instances, requests for additional driveways shall require prior
approval from the township.
D.
Approaches to access driveways.
(1)
The location and angle of an access driveway approach
in relation to the highway intersection shall be such that a vehicle
entering the driveway may do so in an orderly and safe manner and
with a minimum of interference to through highway traffic, and leaving
the driveway may enter safely into the lane of traffic moving in the
desired direction.
(2)
Where the access driveway approach and highway pavement
meet, flaring of the approach may be necessary to allow safe, easy
turning of the vehicle when entering or departing from the driveway.
(3)
No part of any access driveway shall be constructed
outside of the applicant's frontage.
(4)
Each roadside business establishment shall provide
sufficient parking or storage space off the right-of-way to prevent
the storage of vehicles on the driveway or the backing up of traffic
on the traveled roadway.
(5)
No part of the highway right-of-way shall be used
for servicing of vehicles, displays or conducting a private business.
The area between the edge of the pavement and the right-of-way line
shall be kept clear of all buildings, sales, exhibits, business signs,
parking areas, service equipment, etc., excluding mail boxes.
(6)
Improvements on private property adjacent to the right-of-way
shall be so located that parking, stopping and maneuvering of vehicles
on the right-of-way will not be necessary in order for vehicles or
patrons to be served properly. For example, liquid fuel pump islands
installed in service stations adjacent to the highway shall be located
not less than 12 feet outside of the right-of-way line, when a driveway
is established and the permit is issued. This subsection is not intended
to imply that, should the highway be widened at a later date, the
fuel pumps have to be moved back in order to comply with the twelve-foot
minimum distance from the right-of-way line. However, a greater distance
is recommended to provide sufficient space for large vehicles.
E.
Standards and specifications.
(1)
Angle of access driveway approach.
 |
(b)
Single-access driveway approaches shall be positioned
at right angles [90º] to the highway or as near thereto as site
conditions permit. When two access driveways are constructed on the
same property frontage and used for one-way operations, each of these
driveways may be placed at an angle less than a right angle, but not
less than 45º to the highway.
(2)
Corner clearance.
 |
(3)
Intermediate island between multiple driveways.
 |
(b)
An intermediate island shall separate all multiple
driveways opening upon the same highway. The island area shall extend
from the shoulder line, ditch line or curbline to the right-of-way
line. The minimum length for an intermediate island measured along
the right-of-way line shall be 10 feet. The minimum length measured
along the shoulder line, ditch line or curbline shall be 20 feet in
rural areas or 15 feet in urban areas.
(c)
The intermediate island area shall be clearly
defined. Intermediate islands of 20 feet or less measured along the
shoulder line, ditch line or curbline shall be defined by a permanent-type
curb. Additional curbing may be required at the discretion of the
Township Engineer.
(4)
Radius curb. Control dimensions: the maximum and minimum
length for radius curbs.
 |
(5)
Setback; recommended control dimensions.
 |
(a)
Fuel pump islands: 12 feet minimum outside the
right-of-way line.
(b)
It is recommended that all liquid fuel service
stations business establishments and other roadside developments other
than private residences shall be located a sufficient distance from
the right-of-way line as to provide ample driving area and parking
off the right-of-way, prevent storage of vehicles on the access driveways
and the backing up and turning of vehicles on the highway pavement.
(6)
Width of access driveway approaches.
 |
(b)
The width of access driveways shall not exceed
the above dimensions when measured at a right angle to the center
line of the driveway. Where a commercial access driveway approach
and the highway pavement meet, flaring of the driveway shall be required
to allow safe and easy turning of the vehicle either into or out of
a commercial development. Service station driveways shall not have
a flared width greater than 65 feet.
(7)
(8)
Sight distance.
(a)
Access driveways shall be located at a point
of optimum sight distance along the highway within the property frontage
limits. The profile of the driveway and the grading of the right-of-way
area shall provide a maximum sight distance so that the operator of
a vehicle departing from such a driveway will have optimum visibility
in either direction along the highways.
(b)
Where adequate sight distance cannot be attained,
the location of the driveway will be at the discretion of the Township
Engineer.
(9)
Slope of access driveway.
(a)
All driveways shall be constructed in such a
manner as not to impair drainage within the highway right-of-way,
alter the stability of the roadway subgrade or materially change the
drainage of adjacent areas. Where open shoulders or berms exist the
grade of a paved access driveway(s) shall slope away from the highway
pavement at the same rate as the existing shoulder (unless advised
to the contrary of the Township Engineer) for the width of the shoulder.
The gradient of a driveway beyond this point (within the highway right-of-way)
shall be not less than 1/4 inch per foot.
(b)
Driveway ramps may extend from the face of the
curb up to the outer edge of the sidewalk area in those cases where
a planted area occurs between multiple driveways. The rate of slope
for such driveway ramps preferably should not exceed one inch per
foot. Where conditions are such that one-inch-per-foot slope is not
obtainable, the sidewalk area of the driveway may be lowered sufficiently
to obtain the allowable ramp slope, and the sidewalk may be warped
up to meet the normal sidewalk grade, at a rate of slope not to exceed
3/8 inch per foot.
(c)
Where a drainage ditch or swale exists, adequate
pipe shall be installed under the driveway (by the permittee) in accordance
with township specifications. The minimum diameter of such drainage
pipe shall be 15 inches (or eleven-by-eighteen-inch arch) unless otherwise
specified by the Township Engineer.
(10)
Access driveway pavement. Access driveways shall
be appropriately surfaced between the traveled road and the business
or service area with a stabilized material or a higher material when
specified by the Township Engineer.
(11)
Deceleration and acceleration lanes.
(a)
The shoulder or berm area leading to the entrance
driveway of a business establishment or other roadside developments
in rural areas may be paved for a suitable distance, to permit vehicles
to decelerate or accelerate in safety when entering or leaving the
property. Such paving shall be limited to the area in front of the
abutting property and shall be done by the property owner, at his
expense in accordance with township specifications.
(b)
Special attention will be given to permit requests
for the construction of access driveways to large business establishments,
shopping centers, outdoor theaters, etc., particularly when the volume
of traffic generated may necessitate acceleration and deceleration
lanes, standby lanes, "jughandles," channelization, etc. In all such
cases, the permittee shall be advised that costs incident to the construction
of such additional roadway improvements shall be at no expense to
the township. Such work shall be constructed under the supervision
and inspection of the township.
F.
Maintenance. All driveways, adjacent areas and areas
between such driveways, including channelization, paving drainage,
etc., installed by the permittee shall be maintained by the property
owner in such a manner as not to interfere or be inconsistent with
the design, maintenance and drainage of the highway or the safe and
convenient passage of traffic upon the highway. The term "adjacent
area" shall apply only to that area within the permittee's property
line extended.
B.
At no time shall angle or perpendicular parking along
the curbs of local, public or private access roads or streets be permitted.
All parking lots and bays allowing any parking other than parallel
shall be physically separated from the cartway by a minimum of 10
feet and confined by barrier curbing.
C.
Areas for off-street parking of motor vehicles shall comply with the limitations and landscaping requirements of § 122-68 of this chapter.
[Amended 7-12-1993 by Ord. No. 196]
D.
Parking may be permitted within side and/or rear yards
when the side and/or rear yard abuts a district zoned industrial and/or
commercial. However, no parking shall be permitted within five feet
of a side or rear property line unless formal arrangements satisfactory
to the township have been made for the establishment of common parking
facilities.
E.
In commercial and industrial districts, provision
of common parking facilities is hereby encouraged in recognition of
their increased flexibility and efficiency. Subject to formal arrangements
between the proposed users of the common parking facilities, satisfactory
to the township, the Zoning Hearing Board may reduce the aggregate
amount of required parking space upon determination that greater efficiency
is effected by joint use of the common parking area. When common parking
facilities are approved, side and/or rear yard parking requirements
may be waived in order to establish unified and continuous parking
areas. In such cases, access drives and sidewalks shall be so aligned
as to maximize parking efficiency and minimize traffic congestion.
Entrances and exits must have good visibility so that, both going
in and coming out, drivers can see and cars can be seen.
F.
Parking stall dimensions shall be not less than 10
feet in width and 20 feet in depth. Parking stall dimensions in the
Office Campus Overlay District shall be not less than nine feet in
width and 18 feet in depth.
[Amended 12-12-1994 by Ord. No. 215]
G.
All dead-end parking lots shall be designed to provide
sufficient back up area for end stalls.
H.
No less than a five-foot radius of curvature shall
be permitted for all curblines in all parking areas.
I.
Parking lot dimensions shall be no less than those
listed in the following table:
|
Parking Stall Depth
(feet)
|
Aisle Width
(feet)
|
Angle of Parking
|
One-Way
(feet)
|
Two-Way
(feet)
| |
|---|---|---|---|---|---|
|
90º
|
20
|
10
|
25
|
25
| |
|
60º
|
21
|
10
|
18
|
20
| |
|
45º
|
19
|
10
|
15
|
18
|
J.
Parking space dimensions in the Office Campus Overlay
District, the Industrial District, the Limited Industrial District
and the Low-Intensity Limited Industrial District shall be not less
than those listed in the following table:
[Added 12-12-1994 by Ord. No. 215; amended 4-14-1997 by Ord. No. 251]
|
Aisle Width
| |||||
|---|---|---|---|---|---|
|
Angle of Parking
|
Parking Stall Depth
(feet)
|
Width
(feet)
|
One-Way
(feet)
|
Two-Way
(feet)
| |
|
90º
|
18
|
9
|
24
|
24
| |
A.
Where required.
(1)
Sidewalks shall be provided along all streets within
a multifamily residential development except where, in the opinion
of the Board of Supervisors, they are unnecessary for the public safety
and convenience.
(2)
Sidewalks shall be required in those single-family
residential developments located in the R-100 and R-130 Residential
Districts where the lot size provisions of the Franconia Township
Zoning Ordinance[1] are used, i.e., where the minimum lot size is established
as 30,000 square feet or less.
(3)
On land developments with common areas, sidewalks
should be located appropriately to serve as access between parking
areas and buildings and in common areas to serve as internal site
circulation.
(4)
Sidewalks shall be required at any location where
the Board of Supervisors shall determine that sidewalks are necessary
for public safety or convenience.
B.
Width. Where required, sidewalks shall not be less
than four feet in residential areas. A greater width may be required
in areas in which apartments or business buildings are located or
deemed necessary at the discretion of the governing body.
C.
On public streets. Sidewalks shall be located between
the curb and right-of-way line five feet from the curbline. The grade
and paving of the sidewalk shall be continuous across driveways except
in certain cases where heavy traffic volume dictates special treatment.
D.
Crosswalks. Crosswalks not less than 10 feet wide
and with concrete or asphalt paving not less than four feet wide may
be required where necessary to provide access to schools, churches,
parks and commercial areas. They shall be maintained by the abutting
property owners in the same manner as sidewalks on public streets.
E.
Construction methods. Sidewalks shall be constructed
so as to discharge drainage to the street, the grade of which shall
not be less than 1/4 inch per foot. The finished grade between the
outside of the sidewalk to the curbline (edge of the cartway) shall
never exceed a total vertical elevation change of one foot. All concrete
sidewalks shall be constructed in accordance with the Pennsylvania
Department of Transportation Specifications Form 408, current edition.
The concrete apron in the driveway area shall be reinforced with wire;
six by six inches Number 9 wire (minimum). Two layers of this wire
shall be utilized with a minimum of two-inch spacing between layers.
The wire shall be installed so that it is not closer than 1/2 inch
from the top or bottom surfaces of the driveway.
[Amended 9-14-1987 by Ord. No. 136]
Plain cement concrete curb shall be constructed
along all existing streets and roads and along both sides of a new
interior street unless the Board of Supervisors shall otherwise direct
that this construction shall be postponed or eliminated. All commercial,
industrial and multifamily parking areas and driveways shall have
curbs where pavement edge and grass meet. The size and type shall
be as specified by the Township Engineer according to a design detail
as furnished by said Engineer. All curbing shall be constructed, both
as to materials and methods, generally in conformance with applicable
portions of Pennsylvania Department of Transportation Specifications
Form 408, current edition. Intersections where sidewalks are provided
shall be provided with depressions for wheelchair use.
A.
Length. In general all blocks in a subdivision shall
have a minimum length of 500 feet and a maximum length of 1,200 feet
unless special conditions warrant a change.
B.
Width. Whenever practicable, blocks shall be of such
width as to provide two tiers of lots of the minimum size permitted
under the applicable zoning classifications except in the case of
lots along a major thoroughfare where the lot fronts on an interior
street.
C.
Blocks for commercial and industrial areas. Blocks
for commercial and industrial areas may vary from the elements of
design contained in this section if the nature of the use requires
other treatment. In such cases, off-street parking for employees and
customers will be required along with safe and convenient limited
access to the street system. Space for off-street loading will also
be required with similar access. Extension of streets, railroad access
right-of-way, and utilities shall be provided. The amount of parking
space shall be required by the Zoning Ordinance.[1]
A.
Area. All lots shall be no smaller than the minimum
lot area requirements of the applicable zoning classification.
B.
Depth. Lots excessively deep in relation to width
are to be avoided. A proportion of 2 1/2 to 1 is generally regarded
as desirable maximum for lots 60 feet or more in width.
C.
Width. The minimum width of a lot shall be that width
which is measured along the building setback line, in feet specified
for the applicable zoning district.
D.
Corner lots. All corner lots shall be a minimum of
1 1/2 times the minimum width of the interior lots of the same block,
except for lots 30,000 square feet or larger.
E.
Rear lotting.
(1)
Rear lotting shall be allowed only when it is demonstrated
by the applicant that no other method of subdivision is practical
or desirable on the subject tracts, and that the result is clearly
superior to the conventional approach.
(2)
Rear lotting shall generally be permitted only in
residential subdivisions, and preferably be limited to the lower-density
areas.
(3)
When it is determined that utilization of a rear-lotting
technique is justifiable, certain criteria shall be established:
(a)
Access to the rear lot shall be through an access
strip held in fee simple ownership, not through an easement over adjacent
property.
(b)
The access leg shall not be included in the
calculations of net lot area required by the minimum standards of
the applicable zoning districts.
(c)
The minimum width of the access strip for a
single lot should be 25 feet.
[Amended 9-14-1987 by Ord. No. 136]
(d)
When the tract is located in an area where public
sanitary sewers exist or are proposed for the near future, rear lotting
shall be permitted only if the dwelling to be constructed on the rear
lot is connected to the sewer system.
(e)
The yard requirements for the applicable zoning
district shall be observed. The front yard shall be measured from
the rear lot line of the adjacent property having frontage on the
road.
[Added 6-8-1998 by Ord. No. 263]
F.
Frontage. The frontage shall not be less than the
minimum requirements of the Zoning Ordinance,[1] except that on the outside of a curved residential streets,
and on the turnaround of culs-de-sac, a minimum frontage of 50 feet
may be acceptable, provided that proper lot width is attained at the
building setback lines.
G.
Side lines. Whenever practicable, the side lines of
a lot shall be set at right angles or radial to the right-of-way line.
H.
Building lines. Building lines for all lots shall
be in conformance with the minimum front, side and rear yard requirements
of the applicable zoning district.
I.
Lot numbers. For the purpose of development, each
subdivision may have an overall system of lot numbers, the number
1 being assigned to a lot in the first section to be developed. (Such
system of lot numbers shall not be confused with the regulated house-
or building-numbering system based on a township-wide plan.)
J.
Building numbers. House or building numbers shall
be assigned by the municipality based on an overall street plan. Numbers
will be assigned in such a way as to allow for vacant parcels and
future development.
K.
Flag lots. Flag lots shall be limited in number such
that only one flag lot shall be permitted for every four non-flag
lots (or parts thereof).
[Added 6-17-2008 by Ord. No. 348]
Except where a structure was obviously built
to house more than one family, but where heretofore that structure
and the surrounding property was held in single and separate ownership,
and further where such a subdivision is proposed for the purpose of
separating such a structure into two or more ownership parcels, no
subdivision or land development will be approved with the property
line extending through any portion of any existing structure.
A.
If structure(s) is to remain.
(1)
In residential zoning districts of the township, the
lot size and the lot dimensions of the newly created lot containing
the structure(s) must be in scale with the height and bulk of the
structure even if this requires a lot area and/or dimensions exceeding
the minimum zoning requirement for that district. Structures proposed
on the vacant portions of lands being subdivided shall conform, to
the extent possible, to the height, bulk, building material and architectural
character of the existing structures in the immediate vicinity and
the subdivision plans shall show building plans at suitable detail.
(2)
In other zoning districts of the township (especially
commercial and industrial districts), the subdivision of the land
must provide adequate service and parking facilities, etc., in keeping
with the minimum requirements of the Zoning Ordinance[1] for each lot and cumulatively for all lots in the subdivision.
No subdivision will be approved in such instances if the servicing
and/or parking facilities, etc., attendant to the existing structure
are deemed inadequate or would be considered to become inadequate
with the development of the now vacant lands. Any new structures contemplated
on the newly subdivided parcels shall be in conformity with the existing
structures in the immediate vicinity to the extent possible in regards
to height, bulk, building material and architectural character and
the subdivision plans shall show building plans at suitable detail.
B.
If an existing structure(s) is to be removed, subdivision
approval will be issued conditional upon the expeditious removal of
existing structures in complete conformity with all other pertinent
township procedural requirements. The subdivision plans shall furthermore
show in detail the proposed development of each parcel of ground,
and the proposed development shall not provide less service and parking
facilities, etc., than now exist. In commercial and industrial areas,
plots of land that have been cleared, as well as the existing vacant
portions of such lands, should be developed in conformity with the
long-range needs of the area to the extent possible, and all developmental
requirements embodied in the Township Subdivision Regulations and
Zoning Ordinance[3] shall be adhered to. If roadway realignments and other
similar requirements are deemed necessary in the immediate vicinity
of the plot being subdivided, they shall be corrected as part of the
subdivision design to the utmost of the subdivider's ability.
C.
If an existing structure is to be partly replaced
or is to be added on to. Demolition plans and/or construction plans
must be detailed as part of the subdivision plan review, and subsequent
subdivision approval will be conditional upon compliance with said
proposed details. Additions to existing structures shall be in harmony
with existing structures in the immediate vicinity, especially in
respect to height, bulk, building material and architectural characteristics.
In the case of partial demolition of existing structures, the remaining
structure must be in keeping with the existent buildings in the immediate
vicinity in relation to type, bulk, building materials and architectural
characteristics. Renovation work to the remaining portion of a structure
following partial demolition must be completed promptly and expeditiously.
[Amended 8-18-2014 by Ord. No. 377]
A.
Site excavation and fill. No permanent excavation or fill shall be
made with a face steeper in slope than two to one except under one
or more of the following conditions:
(1)
The excavation or fill is located so that a line having a slope of
1 1/2 horizontal to one vertical and passing through any portion
of the face will be entirely inside of the property lines of the property
on which the excavation or fill is made.
(2)
The material in which the excavation or fill is made is sufficiently
stable to sustain a slope of steeper than two to one, and a written
statement of a civil engineer, licensed by the Commonwealth of Pennsylvania
and experienced in soil engineering, to that effect is submitted to
the Township Engineer and approved by him. The statement shall state
that the site has been inspected and the deviation from the slope
specified hereinbefore will not result in injury to persons or damage
to property.
(3)
A concrete or stone-masonry wall constructed according to present
or future designs of the Township of Franconia is provided to support
the face of the excavation or fill.
B.
Slopes and fences. The top or bottom edge of slopes shall be a minimum
of three feet from property or right-of-way lines of streets or alleys
in order to permit the normal rounding of the edge without encroaching
on the abutting property. All property lines (where walls or slopes
are steeper than one horizontal to one vertical and five feet or more
in height) shall be protected by a chain-link fence four feet in height
approved by the Township. The fence shall be an integral part of the
wall.
C.
Site grading plan. The Township Engineer shall require a grading
plan in conjunction with the plan of subdivision, land development
or regulated earthmoving activity in order to ensure compliance with
the above standards and the provisions of a separately enacted Grading
Ordinance.[1]
D.
A stormwater and watershed management plan shall be provided in accordance with the requirements of Article X for all regulated activities over 5,000 square feet (1,000 square feet in the Neshaminy Watershed), including post-construction stormwater management facilities, each of which shall include an operations and management plan.
Amended 9-14-1987 by Ord. No. 136; 5-16-2005 by Ord. No.
331; 8-18-2014 by Ord. No. 377]
A.
Design requirements.
(1)
Storm drains, storm and surface drainage. All storm drains and drainage
facilities, such as gutters, catch basins, bridges and culverts, shall
be installed and the land graded for adequate drainage as shown on
the grading plan submitted and approved with the preliminary plan.
Surface grading of nonpaved surfaces shall be of a minimum grade of
2% (0.02 foot per foot), except where underdrain is provided within
designed channels such minimal surface grade shall be 1% (0.01 foot
per foot).
(2)
When required:
(a)
Storm drains and appurtenances shall be required to be constructed
by the subdivider to take surface water from the bottom of vertical
grades, where gutter flows exceed one half the lane width of a highway,
in channels where flow velocity exceeds the ability of the channel
lining to resist erosion or degradation, where underdrain is necessary
to lead water away from springs and to avoid excessive use of cross
gutters at street intersections and elsewhere. All surface waters
shall be enclosed in storm drainage structures except where the stormwater
management and watershed plan encourages designed infiltration in
surface water channels or natural channels are maintainable.
[1]
Open watercourses are to be preserved where they exist naturally
and where, in the opinion of the departments affected, they will not
interfere with public convenience or safety, but in fact will provide
comparable or superior drainage capabilities of piped drainage. Stabilization
design of eroding natural waterways shall be incorporated with the
stormwater and watershed management plan.
[2]
When submitting a plan for approval involving the construction
of storm drainage facilities, the designer's computations shall be
submitted in duplicate to facilitate the checking of design.
[3]
Design of storm drainage facilities shall be completed in accordance
with accepted engineering practices in conjunction with standards
and approval to be given by the Township Engineer.
(b)
Storm drainage facilities, including PCSWM, shall be designed so that the peak discharge of runoff after development for the design storm shall be no more than the peak flow before the development was undertaken or the less under Article X, Stormwater and Watershed Management. For development and redevelopment sites, the ground cover used to determine the existing conditions runoff volume and flow rate for the developed portion of the site shall be based upon actual land cover conditions. If the developed site contains impervious surfaces, 20% of the impervious surface area shall be considered meadow in the model for existing conditions.
(3)
Location. Wherever practicable storm drains shall be located behind
the curb and within the right-of-way of the street. They shall be
protected by a cover of at least 18 inches.
(4)
Size, grade and type. Storm drains shall be adequate for the anticipated
runoff when the area is fully developed as permitted by zoning. They
shall have a minimum internal diameter of 18 inches and a minimum
grade of 1/2 of 1% unless otherwise approved by the Township Engineer.
Storm drainage piping beneath paved surfaces, adjacent and/or within
paved surfaces and/or highway right-of-ways, or as may be directed
by the Township Engineer, shall be reinforced concrete pipe of the
appropriate design class.
(5)
Change in direction. Special curved storm drain sections may be used
where abrupt changes are made in alignment in lieu of constructing
manholes only for pipe sizes over 30 inches in diameter and with permission
of the Township Engineer.
(6)
Manholes. Manholes shall be constructed at all changes in horizontal
or vertical alignment, shall be spaced not more than 300 feet apart
on pipe of 24 inches' internal diameter or less, and not more than
400 feet apart where larger sizes are installed. Inlets may be substituted
for manholes where they will serve a useful purpose.
(7)
Inlets. Inlet spacing shall be so arranged that 95% of the gutter
flow will be captured. Inlets should be spaced to intercept sufficient
flow to handle at least 1/2 of the traveled cartway lane. No inlet
smaller than Franconia Standard Type 4 Foot Special Inlet shall be
used on streets with grades of 4% or less. Franconia Standard Type
6 Foot Special Inlets shall be used on streets with grades of more
than 4%. Inlets at street intersections shall be placed on the tangent
and not on the curved portions. The gutter adjacent to and immediately
upgrade from the inlet shall be so warped as to direct the water into
the inlet.
(8)
Castings. Manhole and inlet castings, together with their covers
or gratings, shall conform to Pennsylvania Department of Transportation
or Township standards, as may be in effect at the time the design
of the sewer is submitted.
(9)
Stormwater roof drains. Stormwater roof drains and pipes shall not
discharge water over a sidewalk but shall be either infiltrated into
a designed infiltration system or extended under the sidewalk into
the storm sewer collection system.
(10)
Unnatural drainage. Wherever construction stops or concentrates
the natural flow of storm drainage in such a way as to affect adjoining
properties, approval of the owners should be obtained in writing and
a copy filed with the Township Manager. Approval of plans by the Township
does not authorize or sanction drainage affecting adjoining properties.
(11)
Drainage from nonnatural sources. Water originating from other than natural sources, such as air conditioning, dwelling units, sump pumps or other dry-weather flow, shall be treated in accordance with DEP NPDES requirements and Article X. It is desirable that the engineer seek to avoid the discharge of water under the sidewalk through the curb into the gutter except as may be allowed under Article X.
(12)
Stormwater facility setbacks. Separation distances between stormwater
facilities and buildings shall be in accordance with the guidelines
of the PA BMP Manual, latest revision, and site layout shall consider
the effect of infiltration facilities on nearby basements. The site
layout and construction of new aboveground stormwater facilities shall
be controlled by the following regulations:
[Added 1-20-2020 by Ord.
No. 409]
(a)
Single-family residential uses. For all single-family residential
uses, no part of any aboveground stormwater facility shall occupy
more than 25% of the required yard area, measured as to linear dimension
or surface area. Aboveground stormwater facilities shall be located
on the perimeter of the lot, shall be entirely within the lot lines,
and shall be located as far from the dwelling as possible in order
to provide a reasonable amount of usable yard space. No aboveground
stormwater facilities shall be located closer than a distance equal
to the minimum required rear yard setback for the zoning district
in which they are located from a building, whether on the same lot
or any adjacent lot as measured from the 100-year high water surface
elevation on the inside of the emergency spillway.
(b)
Multifamily residential uses. For all multifamily residential
uses where the lot is used for residential purposes, no part of any
aboveground stormwater facility shall be located in the required yard
area of any individual dwelling unit. No part of any aboveground stormwater
facility shall occupy more than 35% of the required yard area, measured
as to linear dimension or surface area, of any required yard. No aboveground
stormwater facilities shall be located closer than a distance equal
to the minimum required rear yard setback for the zoning district
in which they are located from a building, whether on the same lot
or any adjacent lot as measured from the 100-year high water surface
elevation on the inside of the emergency spillway.
(c)
Nonresidential uses. For all nonresidential uses, no part of
any aboveground stormwater facility shall occupy more than 15% of
the required yard area, measured as to linear dimension or surface
area. No aboveground stormwater facilities shall be located closer
than a distance equal to the minimum required rear yard setback for
the zoning district in which they are located from a building, whether
on the same lot or any adjacent lot as measured from the 100-year
high water surface elevation on the inside of the emergency spillway.
B.
Design submission and supporting computations.
(1)
Stormwater runoff calculations shall use a generally accepted calculation
technique that is based on the NRCS soil cover complex method. Design
parameters shall be those in SCS TR-55. Table 122-26.1 summarizes
other computation methods that the design engineer may select as the
appropriate technique in consultation with the Township Engineer based
on the individual limitations and suitability of each method for a
particular site.
The Rational Method is an alternate technique that may be used
for drainage areas under 200 acres in consultation with the Township
Engineer. Runoff coefficients (c) for both existing and proposed conditions
shall utilize PennDOT Design Manual for this method unless otherwise
directed by the Township Engineer.
(2)
All calculations consistent with the Franconia Code using the soil
cover complex method shall use the appropriate design rainfall depths
for the various return period storms according to the National Oceanic
and Atmospheric Administration (NOAA) Atlas 14, Volume 2, Version
3.0, rain data corresponding to the Perkasie, Pennsylvania, rain gauge,
as presented in Table A-1 of Appendix A of this chapter.[1] The design storm rainfall amount chosen for design can
be obtained from the National Oceanic and Atmospheric Administration
Atlas 14 interactive website: http://hdsc.nws.noaa.gov/.
[Amended 1-20-2020 by Ord. No. 409]
[1]
Editor's Note: Appendix A is included as an attachment to this chapter.
(3)
Runoff curve numbers (CN) for existing to be used in the soil cover
complex method, Rational Method or other selected hydrologic methodology
shall assume the existing conditions flow rate determination, undeveloped
land shall be considered as "meadow" in good condition, unless the
natural ground cover generates a lower curve number or Rational "C"
value (i.e., forest).
(4)
All calculations using the Rational Method shall use rainfall intensities
consistent with appropriate times of concentration for overland flow,
with sheet flow limited to return periods from the design storm curves
from PA Department of Transportation Design Rainfall Curves (1986).
Times of concentration for overland flow shall be calculated using
the methodology presented in Chapter 3 of Urban Hydrology for Small
Watersheds, NRCS, TR-55 (as amended or replaced from time to time
by NRCS - 100 Foot Maximum Length).
(5)
The designer shall consider that the runoff from proposed sites graded
to the subsoil will not have the same runoff conditions as the site
under existing conditions even if topsoiled and seeded. The designer
shall increase their proposed condition CN or C value to reflect proposed
soil conditions.
(6)
The design of any stormwater detention facilities intended to meet
the performance standards of this chapter shall be verified by routing
the design storm hydrograph through these facilities using the Storage-Indication
Method. For drainage areas greater than 0.5 acre in size, the design
storm hydrograph shall be computed using a calculation method that
produces a full hydrograph. The municipality may approve the use of
any generally accepted full hydrograph approximation technique that
shall use a total runoff volume that is consistent with the volume
from a method that produces a full hydrograph.
|
Table 122-26.1
Acceptable Computation Hydrologic Methodologies For Stormwater
Management Plans
| |||
|---|---|---|---|
|
Method
|
Method Developed By
|
Applicability
| |
|
TR-20 (or commercial computer package based on TR-20)
|
USDA NRCS
|
Applicable where use of full hydrology computer model is desirable
or necessary
| |
|
TR-55 (or commercial computer package)
|
Applicable for development USDA NRCS plans within limitations
described
| ||
|
HEC-1, HEC-HMS
|
U.S. Army C.O.E
|
Applicable where use of full hydrologic computer models
| |
|
PSRM
|
Penn State University
|
Applicable where use of a hydrologic computer model is desirable
or necessary; simpler than TR-20 or HEC-1
| |
|
Rational Method PennDOT Design Manual (or commercial computer
package based on Rational Method)
|
For sites less than 200 acres, or approved by Township Engineer
| ||
|
Other methods
|
As approved by the Township Engineer
| ||
(7)
All plans showing the proposed storm sewer construction must be accompanied
by a complete design submitted by the PA registered engineer or land
surveyor. Such design shall include hydraulic grade line, pipe full
capacity, full and partial full velocity, inlet interception efficiency
with bypass channel flow width, outfall flow spread and apron stability
sizing computations.
(8)
When subdivisions or land developments are submitted to the Township
for approval in sections, a complete storm sewer design for the proposed
subdivision and land development shall be submitted. The proposed
design must include the entire tract, including all contributing upstream
drainage area(s) and projected land use.
(9)
If only a section of a subdivision or land development is contemplated
for construction, the engineer shall show how he proposes to handle
stormwater from this section in order to prevent damage to adjacent
properties. If temporary construction is required, the engineer shall
include such structures in the plan submitted.
(10)
In the event that such temporary measures cannot ensure protection
to adjacent properties, then the main outfall line of the storm sewer
shall be included as part of the construction for the proposed section.
A.
Reserve strips controlling access to streets, alleys,
subdivisions or adjacent areas are prohibited.
B.
Right-of-way and/or easements for sanitary utilities,
road construction or maintenance, or for drainage purposes, public
utilities or for any specific purpose shall be required by the governing
body as needed; the location and width in each case shall be determined
by that body.
(1)
Building setback lines shall be measured from the
nearest side of the right-of-way or easement to the proposed building.
(2)
Nothing shall be permitted to be placed, planted,
set or put within the areas of an easement unless it is a portable
object. The area shall be kept as lawn.
(3)
The owner of any lot, upon written request by the
township and at the owner's sole expense, shall remove anything placed,
planted, set or put (with or without knowledge of this regulation)
within the area of any easement.
(4)
To the fullest extent possible, easements shall be
adjacent to rear or side lot lines.
C.
No right-of-way nor easement for any purpose whatsoever
shall be recited or described in any deed unless the same has been
shown on the approved plan. Any error found in a deed shall be immediately
corrected and re-recorded in the office of the Recorder of Deeds for
Montgomery County at Norristown, Pennsylvania, at the sole expense
of the subdivider.
D.
Utility easements. A minimum width of 20 feet shall
be provided for common utilities and drainage when provided in undedicated
land. Nothing shall be permitted to be placed, planted, set or put
within the area of an easement, but shall be maintained as lawn.
E.
Public utilities. All water, sewer and gas mains and
other underground facilities shall be installed prior to street paving
at locations approved by the township for the full width of the right-of-way.
F.
Underground utilities. All water, sewer and gas mains
shall be installed underground. All electric, telephone and communication
services, both main and service lines, shall be provided by underground
cables, installed in accordance with the prevailing standards and
practices of the utility or other companies providing such services,
except where it is demonstrated to the satisfaction of the Township
Board of Supervisors that underground installations herein required
are not feasible because of physical conditions of the lands involved.
All main underground cables which are within the right-of-way of a
street shall be located as specified by the Board of Supervisors.
(1)
In order to promote and facilitate the undergrounding
of utility distribution lines, a letter of endorsement shall be required
from the suppliers of utility service (not limited to electrical,
telephone or cable television) of the developer's choice wherein the
applicant acknowledges that underground utilities are feasible and
shall be consummated as part of the improvement plan. A statement
relative to the intent of the developer to provide underground utility
service shall be placed on the final plan requisite to final approval
of such plan.
(2)
The provisions in this chapter shall not be construed
so as to limit or interfere with the construction, installation, operation
and maintenance of public utility structures or facilities which may
hereafter be located within public easements or rights-of-way designated
for such purposes.
(3)
Light standards are to be placed as required by ordinance.
The power source for such standards shall be placed underground as
required.
(4)
Along arterial roads and major highways, all new electrical
service should be placed underground.
G.
Conservation easements. The township may request conservation
easements on subdivision and land development plans in order to preserve
important natural features. Features shall include but not be limited
to steep slope areas (greater that 15%), scenic viewsheds, floodplains
as defined by the one-hundred-year flood boundary on the FEMA map,
wetlands and stream corridors. Trail access may or may not be included
in the easement, depending on the property's location.
[Added 7-14-1997 by Ord. No. 255]
(1)
The minimum width of the conservation easement shall
be 50 feet. It shall be wider where necessary to include the one-hundred-year
floodplain, an area of wetlands or steep slopes or other natural features.
(2)
The Board of Supervisors, at the recommendation of
the Planning Commission, may permit conservation easement widths less
than 50 feet wherever a wider easement would conflict with existing
development or where design considerations on a specific subdivision
or land development plan require a lesser width.
(3)
Conservation easements may be donated to the township
or to a nonprofit land trust or historic preservation organization.
(4)
Conservation easements are to be recorded at the Montgomery
County Office of the Recorder of Deeds.
A.
Sewers. Whenever practicable, sanitary sewers shall
be installed and connected to the township or Authority sanitary sewer
system following review of plans and approval by Department of Conservation
and Natural Resources and/or the Franconia Township Sewer Authority.
In areas not presently served by public sanitary sewers, appropriate
sewage disposal must be provided in accordance with the regulations
of the Department of Conservation and Natural Resources, and, in addition,
the installation and capping of sanitary sewer mains and house connections
may be required if studies by the Board of Supervisors indicate that
extension of public sanitary sewer trucks or laterals to serve the
property subdivided appears probable or necessary to protect public
health.
(1)
When consistent with the Township Sewage Facilities
Plan, sanitary sewers, with connection to each building in a subdivision
or land development, shall be installed at the expense of the applicant
or subdivider and connected to the township sanitary sewer system.
(3)
Sanitary sewers shall be constructed according to
the Franconia Township Authority Regulations.
B.
On-site disposal systems. If public sewage disposal
is not available, and the sewage treatment is on a project or individual
lot basis, such private facilities must be installed by the subdivider,
developer or builder under the direct supervision of the Sewage Enforcement
Officer of Franconia Township.
(1)
The Sewage Enforcement Officer shall require percolation
and/or other appropriate tests, when warranted by soil conditions,
in order to determine the size, extent and nature of disposal facilities.
Such tests shall be conducted for each lot proposed for development.
(2)
After assuring that all requirements have been met,
the Sewage Enforcement Officer shall issue a certificate of approval
to the Secretary of the township as a requirement for final plan approval.
(3)
In no instance shall a septic tank tile field or other
effluent disseminating system be located nearer to a drilled well
than 100 feet.
(4)
All on-site disposal systems shall be designed to
facilitate cleaning. Abandoned wells may not be used as cesspools;
the tile disposal field shall be located in an unobstructed and unshaded
area.
(5)
All on-site disposal systems shall be located to avoid
impairment to them from floodwaters or contamination from them during
flooding.
A.
If water supply is to be provided by means other than
by private wells owned and maintained by the individual owners of
lots within the subdivision or development, the applicant shall present
evidence to the Board of Supervisors that the subdivision or development
is to be supplied by a certificated public utility, a bona fide cooperative
association of lot owners or by a municipal corporation, authority
or utility. A copy of a certificate of public convenience from the
Pennsylvania Public Utility Commission or an application for such
certificate, a cooperative agreement or a commitment or agreement
to serve the area in question, whichever is appropriate, shall be
acceptable evidence.
[Amended 9-14-1987 by Ord. No. 136; 11-12-1990 by Ord. No. 177]
B.
A circular area with a radius conforming to the rules
and regulations, or future amendments thereto, of the Department of
Conservation and Natural Resources and the Franconia Sewer Authority
shall be shown around each well to denote clear space in which no
on-site sewage system is to be located.[1]
[1]
Editor's Note: Former Subsection B, concerning construction of wells, was repealed 8-9-1994 by Ord. No. 210. Said ordinance also provided for the redesignation of former Subsections C, D and E as Subsections B, C and D, respectively. Former Section 414.3, which immediately preceded this subsection and which was a duplicate of current Subsection B of this section, was deleted 9-12-1988 by Ord. No. 147.
C.
Where public water service is furnished, the circles
are not necessary, with the exceptions of those well(s) lying immediately
adjacent to the subdivision. However, the usable area is limited by
a clear zone surrounding the water service line to each house, as
required by the Department of Conservation and Natural Resources and
the Franconia Township Sewer Authority.
D.
Fire hydrants shall be located at accessible points
throughout the subdivision when centralized water supply is available
and shall be located according to the regulations of the Franconia
Township Sewer Authority, North Penn Water Authority or Pennsylvania
Department of Conservation and Natural Resources. The type and methods
of construction to be employed in the installation of fire hydrants
shall be in accordance with current state regulations and those of
the Franconia Township Sewer Authority.
A.
Those areas defined as "floodplain" by the Floodplain
Conservation District of the Township Zoning Ordinance shall be subject
to the requirements and restrictions contained in the Zoning Ordinance[1] and the following additional regulations which are intended
to conform to the requirements of Section 1910.3b of the National
Flood Insurance Program, P.L. 93-234. It is the purpose of these regulations
to:
(1)
Regulate any subdivision or land development of flood-prone
land areas that is permitted as a result of an approved variance in
order to promote the general health, welfare and safety of the community.
(2)
Require that each subdivision lot or development site
in flood-prone areas be provided with a safe building site with adequate
access; and the public facilities which serve such sites shall be
designed and installed to preclude flood damage at the time of initial
construction.
(3)
Protect individuals from buying lands which are unsuitable
for use because of flood hazards by prohibiting the subdivision and
development of unprotected flood-prone areas.
(4)
Maintain the certification of Franconia Township and
the eligibility of the property owners in Franconia Township for the
benefits of the National Flood Insurance Program, P.L. 93-234.
B.
The following requirements shall apply for all subdivision
and land developments proposed in Franconia Township:
(1)
The Board of Supervisors may, when it is deemed necessary
for the health, comfort, safety or welfare of the present and future
population of the area, and necessary to the conservation of water,
drainage and sanitary facilities, restrict subdivision of any portion
of the property which lies within the floodplain of any stream or
drainage course.
(2)
No subdivision or land development shall be approved
if the proposed development or improvements will, individually or
collectively, increase the established flood level or regulatory flood
elevation (where available).
(3)
If the Board of Supervisors determines that only a
portion of a proposed plan can be safely developed, it shall limit
development to that part and shall require that development proceed
consistent with this determination.
(4)
When the Board of Supervisors determines that additional
controls are required to ensure safe development, it may require the
developer to impose appropriate deed restrictions on the land. Such
deed restrictions shall be inserted in every deed and noted on the
record plan.
[Amended 9-14-1987 by Ord. No. 136]
C.
Where any excavation or grading is proposed, or where
any existing trees, shrubs or other vegetative cover will be removed,
the developer shall consult the Montgomery County Conservation District
representative concerning plans for erosion and sediment control and
a report on the soil characteristics of the site in order to determine
the type and magnitude of development the site may safely accommodate.
Before undertaking any excavation or grading, the developer shall
conform to all pertinent laws, regulations and ordinances of the Commonwealth
of Pennsylvania and Franconia Township.
D.
Storm drainage facilities shall be designed to convey
the flow of surface waters without risk to persons or property. The
drainage system shall ensure drainage at all points along streets
and ensure conveyance of drainage away from buildings and on-site
waste disposal sites. The Board of Supervisors may require an underground
system to accommodate frequent floods and a secondary surface system
to accommodate larger, less frequent floods. Drainage plans shall
be consistent with local and regional drainage plans. The facilities
shall be designed to prevent the discharge of increased peak runoff
onto adjacent properties.
E.
Any development which creates a significant change
in the characteristics of the watershed, thus increasing volume and
velocity of surface water runoff, due to the decrease in retention
and infiltration of stormwater, shall not be permitted until guaranties
are made of improvements that will reduce the likelihood of erosion,
sedimentation, inundation and water drainage from peak periods of
precipitation and provide for controlled disposal of excess surface
water. Such improvements must satisfy the requirements and regulations
of the Pennsylvania Department of Conservation and Natural Resources,
Bureaus of Water Quality Management and Dams and Encroachments to
assure that the flood-carrying capacity within the altered or relocated
portion of any watercourse is maintained.
F.
The finished elevation of proposed streets shall not
be below the established flood level or regulatory flood elevation
(where available). Drainage openings shall be sufficient to discharge
flood flows without increasing flood heights.
G.
All sanitary sewer systems located in flood-prone
areas, whether public or private, shall be floodproofed up to a point
one foot above the established flood level or regulatory flood elevation
(where available).
(1)
The Board of Supervisors may prohibit installation
of sewage disposal facilities requiring soil absorption systems where
such systems will not function due to high groundwater, flooding or
unsuitable soil characteristics. The Board of Supervisors may require
that the developer note on the plan and in any deed of conveyance
that on-site sewage disposal systems are prohibited in designated
flood-prone areas.
(2)
The Board of Supervisors may prescribe adequate methods
for waste disposal. If a public sanitary sewer system is located within
or near the proposed subdivision or land development, the Board of
Supervisors shall require the developer to connect to this system
where practical and shall prescribe the procedures to be followed
by the developer in connecting to said system.
H.
All water systems in flood-prone areas, whether public
or private, shall be floodproofed to a point one foot above the established
flood level or regulatory flood elevation (where available). If there
is an existing public water supply system within or near the subdivision
or land development, the Board of Supervisors shall require the developer
to connect to this system where practical and shall prescribe the
procedures to be followed by the developer in connecting to said system.
I.
All other public or private utilities and facilities
shall be elevated or floodproofed to a point one foot above the established
flood level or regulatory flood elevation (where available).
J.
The Board of Supervisors, in its consideration of
any preliminary plan of subdivision and land development, shall condition
its approval upon the execution of measures designed to prevent accelerated
soil erosion and resulting sedimentation, as required by the Pennsylvania
Department of Conservation and Natural Resources. All applicable regulations
and permit requirements of said department, as stipulated in its Soil
Erosion and Sedimentation Control Manual, shall be followed by all
parties engaged in earthmoving activities.
K.
All continuously flowing natural watercourses shall
be maintained in their natural state, except that removal of debris
and correction of severe erosion shall be required.
L.
Intermittent watercourses shall be maintained essentially
at their existing alignments and gradients, except that they may be
improved by minor regrading and shall either be planted in grass or
provided with water erosion preventive improvements such as riprap.
Paving of such watercourses shall not be allowed, nor shall piping,
except under roads, driveways and walkways.
M.
Intermittent watercourses often are significant elements
at the headwaters of larger streams and are usually small in size.
Therefore, developers should be encouraged to design and build around
and with respect for these drainageways, and the Board of Supervisors
may allow rerouting of these drainageways only when serious considerations
so warrant, or when the site drainage will be improved by such proposed
alignment changes.
[Amended 9-14-1987 by Ord. No. 136]
In addition to the township review, for areas
greater than 25 acres a separate Department of Conservation and Natural
Resources review will be required, and for areas over five acres approval
from the Montgomery County Soil Conservation Service will be required.
A.
General.
(1)
For qualifying tracts, no changes shall be made in
the contour of the land; no grading, excavating, removal or destruction
of the topsoil, trees or other vegetative cover of the land shall
be commenced until such time that a plan for minimizing erosion and
sedimentation has been approved.
(2)
No subdivision or land development plan shall be approved
unless there has been a plan approved by the Board of Supervisors
that provided for minimizing erosion and sedimentation consistent
with this section, and an improvement bond or other acceptable securities
are deposited with the township in the form of an escrow guaranty
which will insure installation and completion of the required improvements;
or unless there has been a determination by the Board of Supervisors
that a plan for minimizing erosion and sedimentation is not necessary.
(3)
The Board of Supervisors, in its consideration of
any preliminary plan of subdivision and land development, shall condition
its approval upon the execution of measures designed to prevent accelerated
soil erosion and resulting sedimentation, as required by the Pennsylvania
Department of Conservation and Natural Resources or Franconia Township.
All applicable regulations and permit requirements of said Department
as stipulated in its Soil Erosion and Sedimentation Control Manual
shall be followed by all parties engaged in earthmoving activities.
The manual is available at the office of the Montgomery County Conservation
District, Norristown, Pennsylvania. The Township Engineer shall assure
compliance with the appropriate specifications and requirements.
B.
Performance principles.
(1)
Any effective method of minimizing erosion and sedimentation
can be included in the plan. Any questionable method should be discussed
with the Township Engineer prior to submission.
(2)
No unfiltered stormwater coming from an area which
has been distributed shall be permitted onto an adjacent tract.
C.
Responsibility.
(1)
Whenever sedimentation is caused by stripping vegetation,
regrading or other development activity, it shall be the responsibility
of the person, corporation or other entity causing such sedimentation
to remove it from all adjoining surfaces, drainage systems and watercourses
and to repair any damage at his expense as quickly as possible.
(2)
It is the responsibility of any person, corporation,
or other entity doing any act on or across a stream, watercourse or
swale or upon the floodplain or right-of-way thereof, to maintain,
as nearly as possible, in its present state the stream, watercourse,
swale, floodplain or right-of-way during the activity and to return
it to its original or equal condition after such activity is completed.
(3)
No person, corporation or other entity shall block,
impede the flow of, alter, construct any structure or deposit any
material or thing or commit any act which will affect normal or flood
flow in any stream or watercourse without having obtained prior approval
from the township or Pennsylvania Department of Conservation and Natural
Resources, whichever is applicable.
D.
Compliance with regulations and procedures.
(2)
The installation and design of the required erosion
and sediment control measures shall be in accordance with the standards
and specifications on file with the Township Engineer.
(3)
Final plans for minimizing erosion and sedimentation as approved will be incorporated into the agreement and bond requirements as required under Article IV of this chapter.
(4)
The approval of plans and specifications for the control
of erosion and sedimentation shall be concurrent with the approval
of the final plans of subdivision or land development, and become
a part thereof.
(5)
At such time as a building permit is applied for,
a plan of the site, including foundation outline, first floor and
garage elevations, sump pump or other surface drain locations, building
placement from lot lines, lot grading, surface water control and lot-specific
erosion and sediment control, shall be supplied with the required
building plans.
(6)
Permission for clearing and grading prior to recording
of plans may be obtained under temporary easements or other conditions
satisfactory to the township.
A.
Bridges and culverts shall be designed to meet current
Pennsylvania Department of Transportation standards to support expected
loads and to carry expected flows. They shall be constructed to the
full width of the right-of-way.
B.
Where county-owned roads or bridges are involved,
the County Department of Roads and Bridges must review and approve
all proposals.
C.
It is unlawful to construct any dam or other water
obstruction, or to make any change in or addition to any existing
water obstruction, or in any manner change or diminish the course,
current or cross section of any stream of body of water, without either
obtaining a Department of Conservation and Natural Resources permit
or official waiver of a permit. Final approval of the plan shall be
subject to having State Department of Conservation and Natural Resources
permits in hand.
[Amended 9-14-1987 by Ord. No. 136]
D.
The following information is required: drawings to
include location plan; cross section of the present bridge if one
exists; profile of the stream for a reasonable distance above and
below the bridge site, showing slopes of the bed, normal water surface
and floodwater surface. If the bridge is on a skew, give the angle
of the center line of the bridge with the direction of the line of
flow; in addition, the total drainage area above the bridge site,
a description of the watershed, length of the stream from the source
to the bridge site and to the mouth, the character of the stream bed
and banks, the extent and depth of the overflow during floods, the
effect of previous floods upon bridges, their span and clearance and
whether the bridge will be within the backwater influence of the parent
stream.
E.
When submitting a plan involving construction of bridges
or culverts, there shall be submitted a complete set of structural
computations.
A.
Monuments shall be iron or magnetic pins encased in
stone or concrete and located on the right-of-way lines as corners,
angle points, beginning and end of curves, and as otherwise required.
Monuments shall be indicated on all plans. They shall be placed after
a new street has been completed. The center line of all new streets
shall be marked with spikes and referenced to permanent monuments
or structures. A certified copy of this referenced information shall
be given to the Township Engineer. Permanent reference monuments of
case concrete or durable stone 20 by four by four inches, with forty-five-degree
beveled edges shall be set by the subdivider, developer or builder
at all corners and angle points of the boundaries of the original
tract to be subdivided and at all streets, intersections and intermediate
points as may be required. Escrow funds for pinning and/or monumenting
of lots may be required at the discretion of the Board of Supervisors.
[Amended 9-14-1987 by Ord. No. 136]
B.
Staking requirements. All lots shall be staked by
the registered engineer or surveyor for the subdivider, builder or
developer when final grading has been completed. This stakeout shall
be visible and completed before an owner or occupant moves into the
property. All lot corner markers shall be permanently located and
shall be at least a five-eighths-inch metal pin with a minimum length
of 24 inches located in the ground to existing grade.
A.
Limit of contract. Where the applicant is offering
for dedication or is required to establish a reservation of open spaces
or to preserve an area of scenic or historic importance, a limit of
contract, which will confine excavation, earthmoving procedures and
other changes to the landscape, may be required to ensure preservation
and to prevent destruction of the character of the area.
C.
Topsoil preservation. No topsoil shall be removed
from the site or used as spoil. Topsoil should be removed from the
areas of construction and stored separately. Upon completion of the
construction, the topsoil should be redistributed on the site uniformly.
All areas of the site shall be stabilized by seeding or planting on
slopes of less than 10% and shall be stabilized by sodding on slopes
10% or more and planted in ground cover on slopes 20% or more, provided
that riprap shall be utilized for banks exceeding 25%.
D.
Preserved landscaping. When there is a conscientious
effort to preserve the existing natural integrity and character of
a site and where such preservation includes areas of woodland and
trees comparable to required planting improvements, i.e., landscaping
and buffer screening, the plan may be accepted in lieu of additional
landscaping requirements.
[Amended 9-14-1987 by Ord. No. 136]
[Added 9-16-2019 by Ord. No. 405[1]]
The siting and construction of detention basins shall be controlled
by the following regulations.
A.
Single-family residential districts. In all single-family residential districts, where the lot is used for single-family residential purposes, no part of any detention basin shall occupy more than 25% of the required yard area, measured as to linear dimension or surface area. The detention basins shall be located on the perimeter of the lot, shall be entirely within the lot lines, and shall be located as far from the dwelling as possible. If a property in a single-family residential district is used for other than a single-family residential dwelling, detention basins shall be located in accordance with Subsection C hereof. No detention basin shall be located within 75 feet of any building, whether on the same lot or any adjacent lot.
B.
Multifamily residential districts. In all multifamily residential
districts where the lot is used for residential purposes, no part
of any detention basin shall be located in the required yard area
of any individual dwelling unit. No part of any detention basin shall
occupy more than 35% of the required yard area, measured as to linear
dimension or surface area, of any district yard. No detention basin
shall be located within 75 feet of any building, whether such building
is on the same lot or any adjacent lot.
C.
Nonresidential districts. In all nonresidential districts, no part
of any detention basin shall occupy more than 15% of the required
yard area, measured as to linear dimension or surface area. No detention
basin shall be located within 100 feet of any building, whether such
building is on the same lot or any adjacent lot.
[1]
Editor's Note: Former § 122-35,
Planting requirements, was repealed 7-12-1993 by Ord. No. 196.
A.
Upon agreement with the applicant or developer, a
subdivision and/or land development plan may provide for the public
dedication of land and the construction of recreational facilities,
the payment of fees in lieu thereof, the private reservation of land,
or a combination, for park or recreation purposes as a condition precedent
to final plan approval pursuant to the standards set forth in this
section for determining the portion of the development to be dedicated
and the amount of any fee to be paid in lieu thereof.
[Amended 11-12-1990 by Ord. No. 177]
B.
The Board of Supervisors, in exercising its duties
regarding the approval of subdivision and land development plans,
shall consider the following criteria in determining whether to approve
the proposed location of open space area(s) in a proposed subdivision
or land development plan:
(1)
Open space area(s) shall be developed to complement
and enhance the man-made environment. In the selection of the location
of such areas, consideration shall be given to the preservation of
natural features which will enhance the attractiveness and value of
the remainder of the property to be subdivided or developed. Such
features are floodplains, including streams and ponds; slopes equal
to or greater than 15%; mature, permanent vegetation; exceptional
views; and other community assets as determined by the Board of Supervisors.
(2)
Said area(s) shall relate to abutting public open
space and/or other land uses.
(3)
Said area(s) be located and designed so that it does
not become a barrier to the handicapped, aged or people with baby
strollers.
(4)
Said area(s) shall be at a location conveniently accessible
to the residents to be served.
(5)
Said area(s) specifically designated for open space
use shall be fully usable and suitable for that purpose.
(6)
Said area(s) shall be of such size and shape as to
be usable for passive and/or active recreational uses.
(7)
Said area(s) shall comprise a single parcel of land
except where the Board of Supervisors determines that the creation
of two or more parcels would be in the public interest and determine
that, where feasible, a connecting path or strip of land between the
parcels is in the public interest.
(8)
Safe and easy access to said open space area(s) shall
be provided either by adjoining public road frontage, public easements,
paths, bicycle circulation systems and/or sidewalks.
(9)
Accessway(s) to the site shall be sufficiently wide
so that maintenance equipment will have reasonably convenient access
to said area(s). In all instances, said open space area(s) shall be
maintained in a careful and prudent manner.
(10)
Said area(s) shall not include the rights-of-way
of any residential development interior street and fuel, power and
other transmission lines, whether underground or overhead. Exceptions
may be granted by the Board of Supervisors.
(11)
Said area(s) shall be, to the greatest extent
practical, easily accessible to essential utilities, such as water,
sewage and power.
(12)
Steep slopes, streams, lakes, watercourses,
ponds and floodplains may comprise no more than 40% of the open space
land requirement. In all instances, a minimum of 60% of the open space
land requirement shall be suitable for dry ground recreational use.
Fifty percent of the dry ground recreational use area shall not exceed
2% finished grade. Exceptions may be granted by the Board of Supervisors
in cases of exceptional topography, watercourse and tree coverage.
(13)
The location, form, overall design and use of
said open space area(s) shall be approved by the Board of Supervisors
of Franconia Township. The Board of Supervisors shall request the
review and recommendation of the Township Planning Commission before
rendering a final decision on the appropriateness of said open space
area(s).
C.
Subdivision and/or land developments with proposed
open space areas shall be reviewed by the Township Park and Recreation
Board prior to final review by the Township Planning Commission. The
developer shall attend the meeting of the Park and Recreation Board
when the subdivision and/or land development is reviewed. The Park
and Recreation Board may make recommendations to the Planning Commission
prior to the Planning Commission's final review.
D.
The Board of Supervisors shall evaluate any proposed open space area to determine if such area conforms with the Township Open Space Plan and will be available for use by the public at large. The Board of Supervisors shall have the sole discretion to make such determinations and to accept dedication of such area, in whole or in part, or to refuse dedication. The Board of Supervisors shall retain the option to require and obtain a use easement for any area not accepted for dedication. The Board shall require the formation of a homeowners' association to maintain the open space area not accepted by dedication as a condition of final approval of the subdivision and/or land development. Open space areas required by the OSR Open Space Residential District Regulations of the Zoning Ordinance (Article XXVII of Chapter 145) shall also comply with the standards and ownership, maintenance and operation requirements of §§ 145-184 and 145-185. Open space areas required by the mixed residential development regulations of the Zoning Ordinance (Article XXVII of Chapter 145) shall comply with the requirements of § 145-62.
