[Ord. No. 1050, 11/18/2019]
1. 
Design and Improvements. The design and physical improvements to the property being subdivided shall be provided, constructed, and installed by the developer as shown on the approved plan in accordance with the requirements of this chapter. If any provisions of this chapter are found to be unreasonable and cause undue and unnecessary hardship as they apply to his proposed subdivision, the Board of Supervisors may waive or vary the strict terms of such provisions. The criteria for the Board of Supervisors to apply in determining whether to waive or vary the strict applications of a provision are the following and shall be considered in their totality:
A. 
That there exist special physical circumstances or conditions which render the strict application of the requirements as undue or unnecessary hardship.
B. 
That the hardship created cannot be ameliorated by a reasonable change in plans.
C. 
That the unnecessary or undue hardship has not been created by the applicant.
D. 
That the waiver or varying of the strict terms of this chapter will not have the effect of nullifying the intent and purpose of this chapter.
E. 
That the property cannot be reasonably developed without the waiver or the varying of the strict terms of this chapter.
F. 
That the waiver or varying of the strict terms of this chapter will represent the minimum deviation that will afford relief and will represent the least modification possible of the regulations in issue.
2. 
Land Requirements.
A. 
All portions of a tract being subdivided shall be taken up in lots, streets, public lands or other proposed uses so that remnants and landlocked areas shall not be created.
B. 
Reserve strips preventing access to lots, public rights-of-way, public lands, or adjacent private lands are prohibited.
C. 
Wherever possible, applicants shall preserve trees, groves, waterways, scenic points, identified spots of heritage and other community assets and landmarks.
D. 
Subdivisions and land developments shall be laid out to avoid the necessity for excessive cut or fill.
E. 
Land which the Board of Supervisors finds to be unsuitable for subdivision building purposes due to flooding, improper drainage, steep slopes, rock formations, adverse earth formations or topography, utility easements, or other features which will reasonably be harmful to the safety, health, and general welfare of the present or future inhabitants of the subdivision and/or its surrounding areas shall not be subdivided or developed unless adequate methods are formulated by the applicant and approved by the Board of Supervisors, upon recommendation of the Municipal Planning Commission and Engineer, to solve the problems created by the unsuitable land conditions. Such land shall be set aside for uses that shall not involve such a danger or incorporated into other suitable lots.
[Ord. No. 1050, 11/18/2019]
1. 
Purpose.
A. 
Objective. The purpose of these provisions is to establish appropriate standards for the design of streets that will 1) promote the safety and convenience of vehicular traffic, 2) promote the safety and convenience of bicycle and pedestrian traffic, 3) protect the safety of neighborhood residents, 4) minimize the long term costs for the maintenance and repair of streets, 5) discourage crime in residential areas, 6) protect the residential qualities of neighborhoods by limiting traffic volume, traffic speed, noise and fumes, 7) encourage the efficient use of land, 8) minimize the cost of street construction and thereby restrain the rise in housing costs, 9) use vegetation for mitigating heat island effect on streets, and 10) minimize the construction of impervious surface, thereby protecting the quantity and quality of the municipality's water resources.
B. 
Limitations. These provisions do not include standards for stormwater management or pedestrian circulation. Refer to appropriate ordinances for those standards.
2. 
Jurisdiction. These provisions shall be applicable to the design and construction of all new streets.
3. 
Relationship to Other Plans and Ordinances. The location of all streets shall conform to the Official Map or Comprehensive Plan adopted by the Township.
4. 
Functional Classification. Functional classification, the grouping of streets by the character of service they provide, was developed for transportation planning purposes. Comprehensive transportation planning, an integral part of total economic and social development, uses functional classification as an important planning tool. The emergence of functional classification as the predominant method of grouping streets is consistent with the policies contained herein. All or new existing public streets shall be classified in accordance with the following criteria by the Township Engineer:
A. 
Arterial. Identified as significant in terms of the nature and composition of travel it serves. Its importance is derived primarily from service provided to through travel, from service provided to major circulation movements within the area, and from service provided to rurally oriented traffic. Identified as streets with trip length and density suitable for statewide travel. Arterial streets are those that provide linkage of cities, towns, and other traffic generators that can attract travel over similarly long distances.
B. 
Collector. Collector streets provide access to arterial streets from other collectors or local access streets. A moderate level of mobility is expected. A collector street often carries local bus traffic and provides intracommunity continuity, but, ideally, does not penetrate identifiable neighborhoods. In the Central Business District, and in other areas of similar development and traffic density, the collector system may include the entire street grid.
C. 
Local. Local streets provide access to abutting properties and may also conduct traffic from local streets that intersect it. Each local street shall be designed so that no section of it will convey a traffic volume greater than 1,000 ADT. Each half of a loop local street may be regarded as a single local street and the total traffic volume conveyed on a loop street shall not exceed 1,000 ADT. Local streets shall be designed to exclude external through traffic which has neither origin nor destination on the local access.
D. 
Very Low Volume Local (VLV). Very low volume local (VLV) streets are similar to local streets except that the maximum traffic volume on a VLV local street shall be 400 ADT.
5. 
Design Standards for Streets.
A. 
All streets shall be designed in accordance with the following, except where standards contained within this Part 5 differ:
(1) 
A Policy on Geometric Design of Highways and Streets, American Association of State Highway and Transportation Officials, latest edition.
(2) 
Pennsylvania Department of Transportation Design Manual Part 2, Highway Design, Publication 13, latest edition.
(3) 
Highway Capacity Manual, Transportation Research Board, National Research Council, latest edition.
(4) 
Trip Generation, Institute of Transportation Engineers, latest edition.
(5) 
Chapter 21, Streets and Sidewalks.
(6) 
Chapter 25, Trees.
B. 
Street Connectivity Index.
(1) 
All street networks shall be designed to provide a minimum connectivity index (CI) of 0.75 that is calculated as follows:
(2) 
CI equals the number of intersections divided by the number of intersections plus the number of culs-de-sac.
(3) 
All development proposals shall be designed to provide at least two access locations to existing streets.
(4) 
Where a development proposal includes the construction of an arterial or collector street, those streets shall be completed prior to the remainder of the street network within the development.
C. 
Design Standards for Very Low Volume (VLV) Local Street.
(1) 
Cartway Width and Curbing. Cartway width and curb requirements shall be determined on the basis of the intensity of development proposed and the manner in which parking shall be as required by Chapter 21, Streets and Sidewalks.
(2) 
Moving Lanes. All VLV local streets shall provide at least two lanes.
(3) 
Engineering Criteria. All features of the geometric design of residential access streets that are not specified below shall meet a design speed of 25 miles per hour:
(a) 
Minimum grade: 1% (Maximum K = 167 for sag positive drainage).
(b) 
Maximum grade: 10%.
(c) 
Horizontal curvature: minimum center-line radius of 100 feet.
(d) 
Minimum tangent length between reverse curves: 50 feet.
(e) 
Stopping sight distances: 155 feet minimum (minimum K = 12 for crest and 26 for sag).
(f) 
Maximum grade within 50 feet of intersection: 5%.
(g) 
Minimum street length: 250 linear feet.
(4) 
Cul-De-Sac Turnarounds. A cul-de-sac with a grass center island with the following dimensions, island radius = 32 feet, cartway width = 26 feet, cartway radius = 58 feet, right-of-way radius = 70 feet, shall be provided at the terminus of every permanent cul-de-sac. In no case shall a cul-de-sac exceed 750 feet in length.
D. 
Design Standards for Local Streets.
(1) 
Cartway Width and Curbing. Cartway width and curb requirements shall be determined on the basis of the intensity of development proposed and the manner in which parking will be provided, as determined by Chapter 21, Streets and Sidewalks.
(2) 
Moving Lanes. All local streets shall be provided with two continuous moving lanes, within which no required parking is permitted.
(3) 
Engineering Criteria. All features of the geometric design of local streets that are not specified below shall meet a design speed of 25 miles per hour:
(a) 
Minimum grade: 1% (Maximum K = 167 for sag positive drainage).
(b) 
Maximum grade: 8%.
(c) 
Horizontal curvature: minimum center-line radius of 100 feet.
(d) 
Minimum tangent length between reverse curves: 50 feet.
(e) 
Stopping sight distance: 155 feet (K = 12 for crest and 26 for sag)
(f) 
Maximum grade within 50 feet of intersection: 5%.
(g) 
Minimum street length: 250 linear feet.
(4) 
Cul-De-Sac. Culs-de-sac are not permitted on local streets or must be approved by the Ferguson Township Board of Supervisors.
E. 
Stub Streets.
(1) 
Local and VLV local stub streets may be permitted only within subsections of a phased development for which the proposed street extension in its entirety has been approved as part of an approved preliminary plan.
(2) 
Collector Stub Streets. Collector stub streets may be permitted or may be required by the municipality, provided that the future extension of the street is deemed desirable by the municipality or conforms to an adopted plan of the municipality.
(3) 
Temporary Turnarounds. All stub streets shall be provided with a turnaround paved to an outside radius of 35 feet. No turnaround is required if the stub street provides access to four or fewer lots or housing units. In the latter case, a sign indicating a dead-end street shall be posted.
F. 
Half Streets. Half streets are prohibited. The full right-of-way and cartway width of all classes of streets shall always be provided.
G. 
Intersections.
(1) 
Corner Sight Distance (Clear Sight Triangle). Whenever a proposed street intersects an existing or proposed street with higher traffic volumes, the street with lower traffic volumes shall be made a stop street. The stop street shall also be designed to provide a minimum corner sight distance as specified in the AASHTO Green Book for public streets. Driveway sight distance shall not be used for public streets.
(a) 
The entire area of the clear sight triangle shall be designed to provide a continuous view of approaching vehicles within the clear sight triangle.
(b) 
The clear sight triangle shall be depicted and labeled on the plan.
(c) 
In determining the clear sight triangle; the distance to the stopped driver from the edge of the through street shall be 18 feet, and the stopped driver's eye height shall be at both 3.5 feet and 7.5 feet; and the distance from the center of the intersection to the approaching vehicle shall be 350 feet for local and VLV local streets. For collector and arterial streets, contact Township Engineer. For streets that have required on-street parking, the distance to the stopped driver from the edge of the through street may be reduced to 14.5 feet, and the distance from the center of the intersection to the approaching vehicle may be reduced to the minimum required stopping sight distance based upon street slope and design speed. No required on-street parking spaces shall be within the clear sight triangle.
(d) 
Street trees shall only be planted in the clear sight triangle with the approval of the Township Engineer after consultation with the Township Arborist. Trees must be of the variety that will not limit the continuous view of oncoming vehicles (small diameter tree at larger spacing with 7.5 feet clear understory).
(2) 
Curb Radius. Minimum curb or edge of pavement radius shall be determined according to the specifications for the street of higher classification in the street system hierarchy, as specified below:
VLV local
15 feet
Local
20 feet
Collector and arterial
As determined by the Township Engineer
(3) 
Intersection Spacing.
(a) 
Proposed streets which intersect opposite sides of another street (either existing or proposed) shall be laid out to intersect directly opposite each other.
(b) 
Minimum spacing between intersections measured from center line to center line shall be as specified below.
Major Road Type Intersected
Minimum Spacing
(feet)
Arterial
1,000*
Collector
300
Local
125
*
This is minimum. The actual spacing shall be determined by the Township Engineer based upon the traffic characteristics of the higher order street.
(4) 
Minimum Intersection Angle. Cartways shall intersect at a 90° angle for a minimum of 50 feet from the intersection.
(5) 
Acceleration, deceleration and turning lanes (auxiliary lanes) may be required along existing and proposed streets as determined by a traffic impact study required by this Part 5. All auxiliary lanes shall be designed in accordance with the results of the traffic impact study, AASHTO Green Book, and relevant PennDOT guidelines.
H. 
Rights-of-Way.
(1) 
Rights-of-Way.
(a) 
Minimum rights-of-way shall be provided as follows:
Road Type
Width
(feet)
Arterial
90
Collectors
70
Local
60, or 50 with 5-foot sidewalk easement on both sides
VLV local
60, or 50 with 5-foot sidewalk easement on both sides
(b) 
Increases in the road width for parking lanes, turning lanes, medians, etc., will require an increase in the right-of-way width equal to the additional road width. All rights-of-way widths shall be in ten-foot increments.
(2) 
Reduction in Right-of-Way Width. The municipality may reduce the required right-of-way width for local or VLV local streets if all the following conditions are met:
(a) 
The site is located within Zone District RA or RR.
(b) 
The potential for future development will alter neither the street classification nor the design standards proposed. As a condition for varying the right-of-way requirements, the municipality may require deed restrictions or other binding agreements to ensure no additional access to or use of the street.
(c) 
In no instance shall a right-of-way width be less than 33 feet. In granting the reduced right-of-way width, it shall be determined that sufficient width will be available to provide for all of the following (unless separate right-of-way for them is being provided elsewhere to the satisfaction of the municipality, or they are clearly not required by the proposed development):
1) 
Cartway shoulders.
2) 
Utility easements.
3) 
Drainage features.
4) 
Pedestrian and/or bicycle paths.
5) 
Street trees or other planting Strips.
6) 
Turning lanes.
7) 
Cut or fill slopes. (The right-of-way shall extend five feet beyond the crest or toe of these slopes.)
(3) 
Increase in Right-of-Way Width.
(a) 
If proposed lots are large enough for further subdivision which may change the street classification in the future to a higher order street, the municipality may require that the right-of-way width for the higher order street be provided.
(b) 
In unusual circumstances, the provision of the elements listed in this section may require right-of-way widths in excess of the minimum established in other sections.
I. 
Driveways.
(1) 
Every building hereafter erected or moved shall be on a lot adjacent to a public street, or with motor vehicle access to an existing private street. The intent of the following regulations is to provide safe and convenient access for servicing, fire protection, traffic circulation and required off-street parking:
(a) 
On arterial streets, access for each lot shall be limited to not more than two driveways for the first 300 feet of frontage or fraction thereof and one driveway for each additional 300 feet of frontage. On all other streets, access shall be provided by not more than one driveway for the first 50 feet of frontage or fraction thereof and one driveway for each additional 50 feet of frontage.
(b) 
No driveway shall be closer to the side or rear property line than two feet, unless the two adjoining property owners mutually agree to a common driveway in such form and manner acceptable for recording in the office of the Recorder of Deeds of Centre County, Pennsylvania, binding their heirs and assigns to the easement so created, or unless the two adjoining property owners agree that each may locate this driveway at the lot line joined to the driveway of the other.
(c) 
Driveways to corner lots or through lots shall gain access from the street of lower classification when the lot is bound by streets of two different classifications.
(d) 
All driveways shall be designed to comply with Chapter 21, Streets and Sidewalks.
(2) 
Driveways to Single-Family and Two-Family Dwellings.
(a) 
Driveways to corner lots shall be located not less than 55 feet from point of intersect of the projection of the curblines of the intersecting streets to the projection of the edge of driveway at the right-of-way. Driveways to corner lots shall gain access from the street of lower classification when a corner lot is bounded by streets of two different classifications.
(b) 
The following standards shall apply to the throat of the driveway:
1) 
Minimum driveway width: 10 feet for single-family and 16 feet for two-family.
2) 
Maximum driveway width: 20 feet for single-family and 24 feet for two-family.
(c) 
A single common driveway serving no more than four dwelling units is permitted. A recorded shared use and maintenance agreement is required for the driveway to be permitted.
(d) 
Driveways may have radii that range from zero feet to five feet. Therefore, the width of the driveway at the edge of the street/curb can range from 10 feet to 34 feet.
(e) 
If two driveways are proposed on the same lot, the distance between the driveways shall be at least 50 feet, measured between the inner edges of the driveway at the edge of the street/curb.
(3) 
Driveways for Multifamily, Office, Commercial or Industrial Development.
(a) 
All entrance drives serving four or fewer dwelling units may be designed to single-family/two-family driveway standards above.
(b) 
All entrance drives serving more than four dwelling units and all other uses in this category shall be laid out to conform to the design, service, and access standards established in this chapter for the classification of street based on expected ADT.
(c) 
If two driveways are proposed on the same lot, the distance between the driveways shall be at least 75 feet, measured between the inner edges of the driveway at the edge of the street/curb.
(4) 
Driveways to Farm Uses.
(a) 
The throat width of the driveway shall be between 12 feet and 20 feet.
(b) 
The driveway radii shall be no less than 15 feet and no more than 35 feet. Therefore, the width of the driveway at the edge of the street/curb can range from 42 feet to 90 feet.
(5) 
Driveway Density.
(a) 
Driveway density shall be calculated for all existing or proposed streets that are proposed by the developer to result in additional accesses as a result of the subdivision or land development plan. The driveway density calculation shall include all existing and proposed access along both sides of the street and shall be performed for each block of the street.
(b) 
Driveway density calculations for each street block shall be no more than the following:
1) 
Arterial Street: 10 driveways/mile, or no more than currently exists if greater than 10.
2) 
Collector Street.
a) 
If ADT is less than 2,000 VPD, then no more than 50 driveways/mile.
b) 
If ADT 2,000 to 4,000 VPD, then no more than 20 driveways/mile.
c) 
If ADT is greater than 4,000 VPD, then no more than 10 driveways/mile.
3) 
Local and VLV local: no restriction.
J. 
Roadway Hazard Areas. Streets shall be laid out to avoid hazard areas, such as floodplains, cliffs, steep slopes or large ravines. A secondary means of access which does not go back through the same hazard area shall be provided when one of the streets into a subdivision of more than 20 dwelling units crosses through a hazard area.
K. 
Signage and Signalization. The developer shall provide all necessary roadway signs and traffic signalization as may be required by the municipality, based upon municipal standards, state standards and a traffic impact study, if required.
L. 
Construction Standards. All street and related improvements shall be constructed in accordance with Chapter 21, Streets and Sidewalks.
M. 
Traffic Impact Study. These regulations represent the minimum requirements and standards for preparation of a traffic impact study satisfying the reporting requirements of Ferguson Township for any development, subdivision, expansion or change in use within the Township. Also specified are the traffic level of service standards and minimum requirements which must be satisfied for future development impacts.
(1) 
Traffic Study Requirements. A traffic impact study (TIS) shall be required as outlined below. The estimated number of trips shall be determined by either an analysis of similar uses through data collected by the Institute of Transportation Engineers or through studies of similar uses, whichever is deemed acceptable to the Township Engineer.
(a) 
Any development, subdivision, expansion or change in use which will generate, on the average, 75 or more additional trips during any peak hour shall be required to have a TIS completed as part of the development.
(b) 
When a TIS is prepared for a subdivision that does not propose development of the lots, the TIS may be required to be updated at the time of land development of the lots to address the specific type and size of development that differs from the original TIS assumptions.
(c) 
The Township may require a traffic study for developments or changes in use generating fewer than 75 additional vehicles during peak hours in cases where known traffic deficiencies exist in the area of the proposed development or change in use.
(d) 
The Township may waive the TIS requirement for an individual subdivision or development or change in use where said development or change in use was incorporated as part of a previous traffic impact study or studies by the Township or other government agencies.
(e) 
The TIS shall only be valid for the duration of the development assumptions contained within the TIS. If a phased development occurs over a longer time than studied, a new TIS shall be required.
(f) 
The TIS shall be completed consistent with criteria required by PennDOT.
(2) 
Report Contents and Scope. Prior to performing a TIS, the Township must approve a scope of study specifying the study area, intersections, methodologies, and any special requirements. Prior to beginning the study, a TIS scoping meeting will be scheduled by the applicant to develop and review the scope of work. PennDOT will be invited to the meeting when appropriate (access to state highway or potential traffic signal mitigation). The study shall include the following:
(a) 
Description of the proposed project in terms of land use and magnitude.
(b) 
An inventory and analysis of existing roadway and traffic conditions in the site environs, including:
1) 
Roadway network and traffic control.
2) 
Existing traffic volumes in terms of peak hours and average daily traffic (ADT), where specifically requested.
3) 
Planned roadway improvements by others.
4) 
Intersection levels of service by movement, approach, and total intersection.
5) 
Roadway levels of service (where requested).
6) 
Other measures of roadway adequacy; i.e., lane widths, traffic signal warrants, vehicle delay studies, etc.
(c) 
Projected site-generated traffic volumes in terms of:
1) 
Peak hours and ADT (by phase, if required).
2) 
Approach/departure distribution, including method of determination. (It is recommended that this be approved prior to performing future traffic analyses.)
3) 
Site traffic volumes in roadway.
(d) 
An analysis of future traffic conditions, with and without the proposed development, including:
1) 
Future design year or years, with phasing, combined traffic volumes (site traffic plus future roadway traffic). Note: if the study is required for PennDOT review, the future design year shall be consistent with PennDOT requirements.
2) 
Intersection levels of service.
3) 
Roadway levels of service (where appropriate).
4) 
A pavement analysis of roadways which are projected to experience significant increases in ADT volumes (where appropriate).
5) 
Other measures of roadway adequacy, i.e., lane width; traffic signal warrants; vehicle delay studies; etc.
(e) 
A description of future levels of service and their compliance with standards for traffic capacity of streets, intersections and driveways as outlined in Subsection 3.
(f) 
A description and analysis of the proposed access plan and site plan.
1) 
On-site circulation plans showing parking locations and dimension, loading access, circulation plan showing parking locations and dimension, loading access, circulation roadway and traffic control.
2) 
Driveway access plan showing location of driveways and new intersections, including geometric conditions and traffic control.
(g) 
A qualitative analysis of transportation demand management measures, including transit, pedestrian and bicycles, as well as telecommuting, flextime, ridesharing, etc.
(3) 
Standards for Traffic Capacity and Access. New or modified streets and intersections shall be designed for adequate traffic capacity defined as follows, unless approved by the Township Board of Supervisors. All reference to "levels of service" (LOS) shall be as defined by the Highway Capacity Manual, Special Report 209, published by the Transportation Research Board.
(a) 
Traffic capacity LOS shall be based upon a future design year which coincides with completion of the development and PennDOT requirements.
(b) 
New unsignalized intersections or driveways which intersect streets shall be designed for LOS C or better for each traffic movement.
(c) 
New or modified (adding an additional approach) signalized intersections shall be designed for LOS C or better for each movement.
(d) 
Existing intersections impacted by development traffic shall maintain a minimum LOS D for each movement.
(e) 
Streets shall be designed for a minimum LOS C.
(f) 
Sight distance at driveways and new intersections shall meet standards as specified in § 22-502, Subsection 5G(1).
[Ord. No. 1050, 11/18/2019]
1. 
Length. Blocks shall have a minimum length of 300 feet and a maximum length of 1500 feet.
2. 
Depth. Residential blocks shall be of sufficient depth to accommodate two tiers of lots, except:
A. 
Where reverse frontage lots are required along an arterial street.
B. 
Where prevented by the size, topographical conditions or other inherent conditions of property, in which case the Board of Supervisors may approve a single tier of lots.
3. 
Mid-Block Walkways.
A. 
Midblock walkways shall be required between adjacent streets in excess of 1,000 feet in length. Such walkways shall extend through the approximate center of the block.
B. 
Midblock walkways shall have the right-of-way width of not less than 10 feet, a width of five feet and designed and constructed in accordance with Chapter 21, Streets and Sidewalks. The entity to maintain the midblock walkway shall be identified.
C. 
Midblock walkways should include ground cover or other vegetation on one or both sides of the walkway to identify areas suitable for public access and to minimize negative impacts of stormwater runoff.
[Ord. No. 1050, 11/18/2019]
1. 
General.
A. 
Lot Lines. Insofar as practical, side lot lines shall be at right angles to straight street lines or radial to curved street lines.
B. 
Municipal Boundaries. Where practical, lot lines shall follow municipal boundaries rather than cross them.
C. 
Residential Lot Depth. Generally, the depth of residential lots shall be not less than one nor more than 2 1/2 times their width.
D. 
Lot Drainage. Lots shall be laid out so as to provide positive drainage away from all buildings and individual lot drainage shall be coordinated with the general storm drainage plan for the area if adopted by the municipality.
2. 
Lot Frontage and Access.
A. 
Access to Public Streets. All lots shall have direct access to a public street or to a private street if it meets the requirements of this subsection.
(1) 
Lots may be created in recorded subdivisions where private streets existed as of January 10, 1989.
(2) 
Whenever a developer proposes to access a street that existed as of January 10, 1989 and was/is not offered for dedication to public use, the developer shall submit for the purposes of recording with the plan a copy of an agreement in a form and content acceptable to the Township. Said agreement shall include the Township as a party together with the developer, his heirs and assigns and all other property owners who access said existing private street and their heirs and assigns. The agreement shall establish the conditions under which said street(s) shall be maintained and the condition under which it may be later offered for dedication. Said agreement shall stipulate, among other things:
(a) 
That said street(s) shall be maintained, cleared of snow and ice, and remain passable at all times. The distribution of the cost of said maintenance for the private street among all adjacent property owners shall be set forth. The area of street to be maintained shall be from the nearest intersection of the private street(s) with the public street to the intersection with another street, or the end of the private street.
(b) 
That failure of the developer or other parties to the agreement to maintain the street in a passable condition at all times shall be sufficient reason for the Township to enter the street in an emergency to maintain, to clear snow and ice, and to make the street passable and, to bill the responsible parties for the cost of said work. If the parties fail to pay said charges, the Township may collect the charges through a municipal lien plus interest, costs and attorney fees. Forced maintenance by the Township under this section shall not be construed as the Township's acceptance, or potential acceptance, of the street.
(c) 
That said street(s) shall conform to municipal specifications with respect to design construction standards and right-of-way at the time of the offer of dedication or when surety is posted in an amount approved by the Township for the improvements to the street to bring it into conformance with the municipal specifications in effect on the date of the dedication.
(d) 
That agreement by the owners of 60% of the front footage thereon shall be binding on the owners of the remaining lots with respect to offering the private street for public dedication.
(e) 
That at any intersection of the private street with a public street, a sign no larger than two square feet shall be erected and maintained by the developer that states "This is a private street and is the end of Township road maintenance."
(3) 
Private Streets Offered for Public Dedication. Upon receipt of a petition of the owners of 60% of the front footage of the private street, the Board of Supervisors may authorize the acceptance of said street, provided:
(a) 
That the right-of-way, for the classification of street, as determined by the Township Engineer, is dedicated and deeded to the Township.
(b) 
That the street is constructed pursuant to the currently adopted street standards.
(c) 
That the street has a logical beginning and end; no midblock streets may be offered for dedication.
(d) 
That complete construction drawings, per the Township's standards for public streets, which are sealed by a licensed civil engineer, shall be provided to the Township.
(4) 
A note shall be placed on the subdivision plan indicating that the street is private and shall refer to the Deed Book and Page where the agreement is recorded.
(5) 
Any newly created lot(s) shall have a provision placed in the deed of conveyance that the access for said lot(s) is via a private street and subject to the agreement recorded in Deed Book_____, Page_____.
B. 
Double or Reverse Frontage. Double or reverse frontage lots shall be avoided, except where required to prevent direct access to arterial streets, or to overcome specific disadvantages of topography or orientation.
C. 
Arterial Streets. Where a lot abuts an arterial street and an existing local and/or collector street, access shall be from the local or collector street only. Where this chapter requires installation of a local, marginal access, or other type of street parallel to an arterial street, all lots abutting such local, marginal access, or other type shall derive access solely therefrom.
3. 
Zoning Requirements. Lot dimensions and areas shall be not less than specified by the provisions of Chapter 27, Zoning, unless a variance is first granted under provisions of said chapter. No parcel may be subdivided which will create a nonconforming lot or building setback. No parcel may be subdivided which would require, for building purposes, encroachment into floodplains or steep slopes in order to meet other requirements of Chapter 27, Zoning.
[Ord. No. 1050, 11/18/2019]
1. 
Off-Site Systems.
A. 
Public Sanitary Sewer. All lots located within the designated sewer service area of the current Centre Region Sewage Facilities Plan, as revised, shall connect to the public sanitary sewer system when deemed feasible, permitted, and/or required by the appropriate sewer authority. If sewer service is not presently available to lots in the service area, capped sewers shall be installed for future connection unless off-site service is specifically exempted by revision to the plan. All components of the system shall be designed and constructed in accordance with the standards of the applicable sewer authority.
B. 
Community Sewage Systems. Community sewage systems (package treatment plant or subsurface disposal) shall be required for subdivisions or land developments outside the sewer service area when such include 10 or more lots with a median lot size of less than one acre. The design of the system shall be approved by the Sewage Enforcement Officer. An agreement guaranteeing maintenance of the systems shall be prepared by the applicant subject to approval by the Board of Supervisors. Such agreement shall be noted in the deed for each connecting lot and shall specify the responsibilities of each property owner for the proper functioning and maintenance of the system.
2. 
On-Site Systems. All lots which will not have off-site sewage disposal shall provide on-site systems approved by the Sewage Enforcement Officer, except for lots intended to remain undeveloped and so exempted by the Board of Supervisors. No lot may be subdivided unless so exempted or found suitable for an approved system.
[Ord. No. 1050, 11/18/2019]
1. 
All water supply systems shall meet applicable state and/or local water authority/company standards.
A. 
All lots located within the designated water service area of the current Centre Region Sewage Facilities Plan, as revised, shall connect to public water authority/company mains when such is feasible and/or permitted by the appropriate water authority/company. All water mains and laterals shall meet the design and installation specifications of said water authority/company.
B. 
Fire hydrants shall be provided in accordance with this section for the protection of buildings or portions of buildings. Fire hydrants shall be provided along required fire apparatus access roads and adjacent to public streets along the route of travel for fire apparatus.
C. 
Existing fire hydrants on public streets may be considered available. Existing fire hydrants on adjacent private properties shall not be considered available.
D. 
One- and Two-Family Dwellings
[Amended by Ord. No. 1076, 3/15/2022]
(1) 
Minimum fire flow.
(a) 
Lots with front, side, and rear yard setback requirements of 15 feet or greater and building separation of 30 feet or greater shall be 750 gallons per minute.
(b) 
Lots with front, side, and rear yard setback requirements of less than 15 feet or building separations of less than 30 feet shall be 1,000 gallons per minute.
(2) 
Fire hydrant spacing.
(a) 
Spacing between the fire hydrants shall not exceed 600 feet in developments of one- and two-family dwellings as measured from the center line of the fire apparatus access roads.
E. 
All Other Types of Developments.
[Amended by Ord. No. 1076, 3/15/2022]
(1) 
Minimum Fire Flow.
(a) 
Requirements for developments of other than one- and two-family dwellings shall be determined by using the Needed Fire Flow Method described in the Fire Suppression Rating Schedule published by the Insurance Services Office, Inc. (ISO).
(2) 
Fire Hydrant Spacing.
(a) 
Spacing between fire hydrants in all other types of developments shall not exceed 400 feet as measured from the center line of the fire apparatus access roads.
F. 
(Reserved)[1]
[1]
Editor's Note: Former Subsection 1F, regarding the Needed Fire Flow Method, was repealed by Ord. No. 1076, 3/15/2022.
G. 
(Reserved)[2]
[2]
Editor's Note: Former Subsection 1G, regarding spacing of fire hydrants, was repealed by Ord. No. 1076, 3/15/2022.
H. 
If the needed fire flow is not provided in developments served by a community water system, all dwellings and occupied structures shall be provided with an approved automatic fire sprinkler system installed in accordance with the applicable NFPA standard.
(1) 
Exception. The Fire Chief is authorized to accept a deficiency of up to 10% of the required fire flow where existing fire hydrants provide all or a portion of the required fire flow. (Written notice of the deficiency and approval shall be noted on the plan.)
(2) 
Exception. Subdivisions and land developments located outside of the regional growth boundary and served by a community water system may utilize water storage systems, as described in § 506, Subsection 2A, to meet the water supply requirements.
2. 
Water System Areas.
A. 
The minimum water supply requirements for developments of one- and two-family dwellings shall be a 4,000-gallon approved water storage source located along required fire apparatus access roads. The spacing between the 4,000-gallon water storage sources shall not exceed 1,500 feet as measured along the center line of fire apparatus access roads. The distance from the closest lot line to a 4,000-gallon water storage source shall not exceed 750 feet as measured along the center line of fire apparatus access roads.
B. 
Maintenance, replacement and repair of the water storage container shall be the responsibility of the Township. The Township shall collect sufficient funding to maintain, replace and repair the water storage container through an assessment levied by resolution on a front-foot basis. Funds collected shall be placed in a separate account within the hydrant fund for each development. The Township may require by resolution an initial fee to be collected from the developer for each underground water storage tank as an initial payment toward the depreciation costs to replace the water storage tank.
C. 
The minimum water supply requirements for developments other than one- and two-family dwellings, shall be determined using NFPA Standard 1142, "Water Supplies for Suburban and Rural Fire Fighting."
D. 
If the needed water supply is not provided in developments outside of the community water system areas, all dwellings and occupied structures shall be provided with an approved automatic fire sprinkler system installed in accordance with the applicable NFPA standard.
3. 
Fire Apparatus Access.
A. 
Facilities, buildings, or portions of buildings hereafter constructed in subdivisions or land developments approved after the effective date of this section shall be accessible to fire department apparatus by way of an approved fire apparatus access road with an asphalt, concrete or other approved driving surface capable of supporting the imposed load of fire apparatus. An exception shall be granted for private roads or driveways that serve four or fewer dwellings.
B. 
The paved cartway width for all public streets shall meet municipal standards. Minimum paved cartway width for fire apparatus access roads that are curbed shall be 20 feet. The minimum paved cartway width for fire apparatus access roads that are noncurbed shall be 18 feet and the adjacent berms must be stabilized and mudfree.
C. 
The maximum length of dead-end fire apparatus access roads (culs-de-sac) shall not exceed 750 feet.
(1) 
Exception(s):
(a) 
The length of dead-end fire apparatus access roads (culs-de-sac) may be extended to 1,500 feet if all structures on the access road are provided with an approved automatic fire sprinkler system installed in accordance with the applicable NFPA standard and the municipality provides a modification from the 750-foot regulation.
(b) 
Phased developments with an approved master plan may contain dead-end fire apparatus access roads exceeding 750 feet, provided that additional phases correct the deficiency.
D. 
Dead-end fire apparatus access roads in excess of 150 feet shall be provided with turnaround provisions in accordance with municipal standards.
E. 
Single access developments must be provided with a boulevard-type entrance. The boulevard entrance shall extend to the interior of the subdivision and have distinct travel lanes with a minimum width of 12 feet each.
[Ord. No. 1050, 11/18/2019]
1. 
Utility Easements. In subdivisions containing five or more lots, all electric, telephone, and cable television utility lines shall be placed underground. All utilities shall be installed in a manner which will allow safe and ready access for the installation and maintenance of other utilities.
A. 
Utility easements outside street rights-of-way shall be a minimum of 15 feet in width or as otherwise determined by the appropriate utility company, except that easements lying parallel and abutting street rights-of-way may be reduced to a minimum width of 7 1/2 feet. All other easements outside street rights-of-way shall be centered on or adjacent to rear or side lot lines where feasible.
B. 
Lines connecting utility service to each lot shall be installed in accordance with the standards of the utility company providing such service.
2. 
Drainage Easements. Where a subdivision or land development is or will be traversed by a drainage way there shall be provided a drainage easement conforming with the line and width of such adequate to preserve unimpeded flow of natural drainage or for the purpose of installing a stormwater sewer. The owner shall grade and seed the slopes of such after construction where necessary to prevent erosion and sedimentation and in a manner, which will not adversely alter the functioning of the drainage way. Nothing shall be placed or planted within the drainage easement which will impede the flow of natural drainage.
A. 
No structures, trees, or shrubs shall be placed or planted within a drainage easement unless authorized by the Township.
3. 
Snow Stockpile Easement. At the end of any cul-de-sac street, provide a twenty-foot-wide by twenty-foot–deep easement for plowing and placement of snow by public works equipment. The easement area shall be shown on any plan, and unobstructed by any feature, such as a driveway, plantings or aboveground structures.
4. 
Sidewalks. See § 22-512.
5. 
Off-Site Easements. In the event that off-site easements are necessary, they shall be denoted on the subdivision and/or land development plan as applicable.
[Ord. No. 1050, 11/18/2019]
1. 
All markers required herein shall be accurately placed by a licensed land surveyor after final approval of the plan.
A. 
Markers.
(1) 
Markers shall consist of iron pipes or steel bars 36 inches long and one inch in diameter.
(2) 
Markers shall be set at all lot corners, at all changes in direction of lot lines (except curve arcs), and at the beginning and end of curved lot lines.
(3) 
Markers shall be set at all corners and changes in direction of right-of-way lines, unless they coincide with property corners.
[Ord. No. 1050, 11/18/2019]
Street trees shall be planted by the developer, in a variety approved by the Township, along all new streets in a subdivision. Street trees shall be planted on both sides of the street in accordance with Chapter 25, Trees. Criteria, including but not limited to canopy cover, shall be in accordance with the Township Code of Ordinances.
[Ord. No. 1050, 11/18/2019]
1. 
Erosion and Sedimentation Control Plans. Whenever earthmoving activities are proposed for a subdivision or land development which requires preparation of an erosion and sedimentation control plan under the rules and regulations of the Pennsylvania Department of Environmental Protection, the Board of Supervisors shall require that a copy of such plan be submitted along with the plan submitted for preliminary approval. Review and approval of such erosion and sedimentation control plan by the Department of Environmental Protection, or its designated agent, shall, in such cases, be required for preliminary approval of the plan.
2. 
Grading.
A. 
Blocks and lots shall be graded to secure proper drainage away from buildings. Alterations to existing storm runoff patterns and amounts shall conform to provisions of Chapter 26, Stormwater Management.
B. 
No excavation shall be made resulting in a slope steeper than three horizontals to one vertical, except when all of the following criteria are met:
(1) 
The excavation is located so that a line having a slope of 3:1 and passing through any portion of the proposed slope will intersect the existing ground inside the property lines of the property on which the excavation is proposed to be made; and
(2) 
The slope is located so that settlement, sliding, or erosion will not result in material being deposited on adjoining property by any means; and
(3) 
The materials and methods used to finish such grading is sufficiently stable to sustain a slope of 1:1; and
(4) 
A geotechnical report shall be prepared by a qualified geotechnical consultant and reviewed by the Township geotechnical consultant. The report shall identify all methods and materials used for such cut and fill operations and shall affirm that such deviation from the slope standard will not result in erosion, sedimentation or injury to persons or damage to adjacent property.
C. 
In all cases, the edge of excavation or fill shall be a minimum of five feet from property lines of developed lots.
[Ord. No. 1050, 11/18/2019]
All subdivisions and land developments shall be planned in conformity with the provisions of Chapter 26, Stormwater Management. All required plans of said chapter shall be completed and approved prior to preliminary approval of the subdivision or land development plan.
[Ord. No. 1050, 11/18/2019; Ord. No. 1097, 4/16/2024]
1. 
Sidewalks shall be shown on all new preliminary and final subdivision plans, land development plans and surety posted upon final plan approval, in all districts, as required below:
A. 
In the C, OC, I and IRD Districts along both sides of all streets.
B. 
In the R-1, R1B, R-2, R-3, R-4, MHP, V, WCN, TTD, and PRD Districts along both sides of all streets.
C. 
In the RA, AR and FG Districts, no sidewalks shall be required.
D. 
In the RR zoning district, the Board of Supervisors will determine whether sidewalks are required or not.
E. 
Sidewalks are required along both sides of all private streets and/or driveways serving more than three units unless a modification is granted by the Board of Supervisors.
F. 
When a property is to be subdivided into 10 or more residential lots, or is to be developed with 10 or more residential units, and the original parcel abuts a public bikeway, a connection to the bikeway must be provided. The connection may be a sidewalk or a bikeway.
G. 
When a property is to be subdivided into five or more nonresidential lots, and the original parcel abuts a public bikeway, a connection to the bikeway must be provided. The connection may be a sidewalk or a bikeway.
H. 
All nonresidential and multifamily residential uses shall provide a separate pedestrian walkway connecting the primary building entrance(s) to the nearest public sidewalk abutting the parcel. Parcels greater than one acre that have frontage on more than one street may be required to provide multiple connecting walkways.
2. 
Sidewalks shall be constructed according to Chapter 21, Streets and Sidewalks, and shall be located along all property lines which abut streets. Sidewalks shall be constructed within the public right-of-way, unless the Board of Supervisors authorizes sidewalks to be constructed on private property immediately adjacent to the public right-of-way. In such case, the developer shall enter into an easement agreement in a form acceptable to the Board of Supervisors. The grant of easement shall be recorded contemporaneously with the recording of the final subdivision plan and/or land development plan. Said plan shall include a note referencing the existence of and recording information concerning the grant of easement.
3. 
Sidewalks crossings of streets shall be provided across both sides of intersecting streets. All crossing shall have designed ramps to meet current ADA requirements and conform to PennDOT RC Standards and Chapter 21, Streets and Sidewalks. Ramps shall be constructed by the developer at the time of street construction.
[Ord. No. 1050, 11/18/2019]
1. 
Public Spaces.
A. 
In reviewing subdivision plans, the Township Planning Commission, Board of Supervisors and Township staff shall consider whether community facilities, including schools in the area, are adequate to serve the needs of the additional dwellings proposed by the subdivision and shall make such report thereon as its deems necessary in the public interest, to the State College Area School Board.
B. 
Developers shall give earnest consideration to the desirability of providing or reserving areas for facilities normally required in residential neighborhoods, including places of worship, libraries, schools and other public buildings, parks, playgrounds and playfields. Area provided or reserved for such community facilities should be adequate to provide for building sites, landscaping, bikeways/shared-use paths, and off-street parking as appropriate to the use proposed. Prior to the preparation of plans, developers of large tracts should review minimum standards for suitability and desirability of various community facilities applicable to the tract being subdivided with the Township staff, the staff of the Centre Region Parks and Recreation Department and the Ferguson Township Planning Commission.
C. 
Unity. It is desirable for the intended parkland to be in several well-placed, adequately sized areas within the Township, so that it can accommodate the anticipated uses.
2. 
Parks, Open Space and Recreational Facilities.
A. 
The purpose of this section is to ensure that adequate parks and recreational facilities are provided to meet the needs of residents as these needs are generated by new subdivision and land development activity.
B. 
The provisions of this section shall apply to all developments with either single- or multiple-family dwellings.
(1) 
Established lots for agriculture within the RA or RR Zoning Districts will not be assessed a fee for any of the one or more dwelling units that could be established on the farm lot. However, should said lot(s) undergo further subdivision for any residential lots the appropriate fee shall be applied as a condition of approval at the time of any such subdivision.
(2) 
In mixed-use development and/or mixed-use structures, where a combination of residential and nonresidential units is proposed, the fee-in-lieu will be applicable to all proposed residential units and shall be assessed as a condition of final plan approval.
(3) 
For applications with more than four lots and measuring less than one mile away from the perimeter of a Centre Region Parks and Recreation facility. The amount of parkland to be dedicated in each development shall be determined based upon the calculation identified within Township Fee Schedule or approved equivalent. Said radius measurements shall be taken from the radius of the outermost perimeter of lots included in the application. The Centre Region Parks and Recreation Department policy on acceptance of maintenance of parkland requires parks to be equal to or larger than four acres.
(4) 
The developer shall place a note on each subdivision plan or land development plan which is subject to dedication of parkland that shall read as follows:
(a) 
"No more than [insert number] dwelling units may be constructed on the land which is the subject of this subdivision plan [land development plan] unless additional land is dedicated to the Township of Ferguson for parkland and/or the Board of Supervisors accepts an additional fee-in-lieu of dedication of parkland. The land shown on this plan as parkland, consisting of _____ acres, shall be deeded to Ferguson Township by a deed of general warranty, free and clear of all liens and encumbrances. Said land shall be available for Ferguson Township use consistent with its ordinances and regulations with no restriction, except that the purpose of the conveyance shall be for public park and recreation uses."
C. 
The Township will officially accept the parkland at the time of final plan approval, provided the land meets the criteria set forth in § 22-513, Subsection 2E. At such time, a general warranty deed free from all encumbrances shall be recorded for the dedicated land and it shall contain the following restrictive clause:
(1) 
"This land was dedicated to the Township of Ferguson for perpetual public park purposes pursuant to the Township of Ferguson Subdivision Ordinance."
D. 
The Township or its designee shall be responsible for maintaining all dedicated and accepted areas. Formation of and cooperation with homeowners' associations or similar organizations for purposes of maintenance shall be required, but the responsibility of seeing that the work is done shall remain with the Township.
E. 
The Board of Supervisors shall determine if the land is acceptable for dedication based on the following and any other relevant criteria:
(1) 
Access. The dedicated land must be readily accessible to all development residents that it is intended to serve. The dedicated land shall about a public street and shall have a minimum frontage of 50 feet or shall adjoin and become part of an already existing park area which is accessible from a public street. If appropriate, access to the park from other parts of the neighborhood shall be provided through twenty-foot access easements with ten-foot wide paved walkways.
(2) 
Location. The parkland shall be located, to the extent possible, so that it equally serves all residents of the development, but in all events the land shall be accessible to those it is designated to serve. In some instances, the Township may require that the parkland be placed in a location where it may be combined with existing parkland from an adjacent development. In determining the location, reference should be made to the Township's Recreation, Parks and Open Space Plan to determine if there are proposed parkland locations in the vicinity of the site.
(3) 
Shape. The majority of the parkland shall have a length-to-width ratio of no more than 2 1/2 to one. The shape shall be suitable to accommodate those park activities appropriate to the location and needs of the residents. Yards, court areas, setbacks, and other open areas required by zoning and other regulations are not to be included as part of the acreage to be dedicated.
(4) 
Soils, Floodplain and Stormwater Facility. Soil shall be suitable for the intended park uses. No parkland may be located on or within any drainageway, wetland area, steep slope area or stormwater detention basin, with the exception that up to 25% of the total parkland may be located within a floodplain with approval of the Board of Supervisors.
(5) 
Slope. The majority of the park shall have a slope of no more than 4%, and the average slope of the park, as measured perpendicular to the contour lines, shall not exceed 8%.
(6) 
Size. The minimum parcel size shall be no less than four acres.
(7) 
Utilities.
(a) 
The major piece(s) of dedicated land are to be accessible to, but not crossed above the surface by, a public street(s), telephone, power, fuel, water and sewer lines, etc. If any of these facilities are placed underground, no part of them or their supportive equipment shall protrude above ground level within an active play area. When parkland is to be dedicated to the Township, utilities such as water, sewer, and electric shall be extended to the parkland. The location of the utility extensions shall be approved by the Township.
F. 
Pedestrian and Bicycle Paths. Pedestrian and bicycle paths may be accepted as parkland if they meet all the following conditions:
(1) 
The minimum width of the parkland right-of-way or easement shall be 20 feet.
(2) 
The pedestrian and bicycle paths shall have logical beginning and ending points that provide appropriate means of access to a park or other facilities residents of the development are likely to use.
(3) 
The cost of improving the pedestrian or bicycle path shall be paid by the developer in order to accommodate its intended use. This shall not be considered as a credit towards a fee-in-lieu of land dedication.
(4) 
The provisions of Subsection 2E(3) and (5), "Shape," and, "Slope," must still be met by the development.
G. 
The developer shall be responsible for complying with the provisions of Chapter 26, Stormwater Management. The stormwater management site plan submitted to the Township for the subject development must provide mechanisms to ensure effective stormwater management for the dedicated parkland property.
H. 
Fee in Lieu of Dedication.
(1) 
The payment of fee-in-lieu of land dedication shall be in accordance with the requirements of Article V, § 503(11) of the Pennsylvania Municipalities Planning Code (Act 247), as amended, 53 P.S. § 10503(11). The fee-in-lieu of parkland shall be used to enhance public recreation areas which will directly or indirectly benefit future inhabitants of the development or subdivision providing the fee.
(2) 
If it is determined that there is not land suitable for dedication, or that the subdivision is too small to allow for a suitable amount of land for dedication, or that it is not practical to dedicate land, or that there already exists an adequate amount of parkland and recreational facilities, or the location of parkland within the proposed subdivision is not consistent with the adopted Ferguson Township Recreation Parks and Open Space Plan, a fee-in-lieu shall be considered by the developer. Such determination shall be made at the preliminary plan stage. The parkland fee per person shall be established by resolution of the Board of Supervisors.
(3) 
After receiving the recommendation of Ferguson Township staff, the Centre Regional Planning Agency, the Ferguson Township Parks and Recreation Committee, and the Centre Region Parks and Recreation Department, the Ferguson Township Board of Supervisors may determine that a fee-in-lieu would be more beneficial to the Township residents than a land dedication for parkland. The following procedure shall be utilized to determine the appropriate fee-in-lieu:
(a) 
As part of the plan approval process, the Township Manager, under the direction of the Board of Supervisors, shall send written notice to the developer that the Board has determined a fee-in-lieu would be more beneficial to the Township's residents than the dedication of parkland.
(b) 
Neighborhood/Community Park Fee-in-Lieu. See Township Fee Schedule or approved equivalent for said calculation.
I. 
The Board of Supervisors may, at its option, and with the developer's agreement, require the dedication of some land and the payment of a fee-in-lieu of dedication for the balance. This will be determined based on existing parkland being located adjacent to the proposed subdivision or land development plan and the desire to expand the existing parkland.
J. 
The Board of Supervisors may establish by resolution a fee to be paid in addition to the dedication of land to fund the costs of preparing a park master plan or to update an existing park master plan.
[Ord. No. 1050, 11/18/2019]
1. 
See also Appendixes A and B of Chapter 27, Zoning.[1]
[1]
Editor's Note: Appendixes A and B are included as attachments to Ch. 27, Zoning.
2. 
General Requirements.
A. 
The subdivision of land within Zone I for any purpose other than for the specific protection of the groundwater within this area shall be prohibited.
(1) 
All land development plans shall contain a note acknowledging the proposed project location in relation to Appendix A "Source Water Protection Overlay Map" zones.[2] In addition, all land development plans shall note the applicant's compliance with all state and federal laws regarding chemical storage and use.
[2]
Editor's Note: Appendix A is included as an attachment to Ch. 27, Zoning.
B. 
In Zone II, land development plans for regulated land uses and activity shall comply with the following requirements in addition to plan review procedures and requirements within this chapter:
(1) 
A qualified professional shall review aerial photos, soils, geologic, and other available related data including any source water protection study or report, as the data relates to the subject property. The qualified professional shall also conduct a site inspection of the property. Based on the above information, the professional shall prepare a map of the site showing the following:
(a) 
Closed depressions.
(b) 
Open sinkholes.
(c) 
Seasonal high ponds and streams.
(d) 
Intermittent streams.
(e) 
Bodies of water or streams.
(f) 
Surface drainage patterns.
(g) 
Intermittent or vernal ponds.
(h) 
Lineaments, faults and fracture traces.
(i) 
Excavations and quarries.
(j) 
Outcrops of bedrock.
C. 
Based on the map prepared pursuant to § 22-514, Subsection 2B(1), above, and in conjunction with other mapping and information submitted for compliance with the requirements of this chapter, the registered design professional shall prepare a report demonstrating compliance with the requirements of this section, including any recommended mitigating measures designed to ensure compliance.
D. 
The Ferguson Township qualified professional, or other appointed agent, shall review the information and recommendations made by the applicant's qualified professional and shall then report to the Ferguson Township Planning Commission and the Board of Supervisors whether the proposal meets the design requirements of this section.
E. 
During construction activity, all excavations shall be protected against stormwater ponding.
F. 
All buildings, structures, impervious surfaces, and utilities shall be situated, designed, and constructed so as to minimize the risk of new sinkhole formation and of the accelerated introduction of contaminants and pollution into the source water protection area through existing or future sinkholes.
G. 
Buildings, structures, impervious surfaces, utilities, and swimming pools shall not be located within 50 feet of any features identified in § 22-514, Subsection 2B(1)(b).
H. 
All commercial, industrial and nonresidential salt or deicing storage areas, gasoline, or other chemical storage areas shall not be located within 100 feet of any features identified in § 22-514, Subsection 2B(1)(b), (c) and (e).
I. 
Detention, retention and infiltration facilities shall be in compliance with Chapter 26, Stormwater Management.
J. 
Stormwater retention facilities, French drains, and other areas of concentrated infiltration of stormwater shall be in compliance with Chapter 26, Stormwater.
K. 
Blasting activity permitting is required by the PA DEP Bureau of Mining Programs in accordance with provisions of the Administrative Code of 1929, Section 1917-A and 25 Pa. Code Chapter 211. For the purpose of the Source Water Protection Overlay District and Map, blasting activity shall be permitted by special exception within any delineated Zone I radius. Blasting must be done per PA DEP's standards and regulations. PA DEP limits the number and size of blasts that can go off in a sequence to limit ground motion.
(1) 
Prior to PA DEP permit approval and Zoning Hearing Board consideration of special exception, a water purveyor shall have the opportunity to review and comment on proposed blasting activity within any delineated Zone I radius.
[Added by Ord. No. 1067, 4/8/2021]
1. 
Intent.
A. 
Trees Improve Air and Water Quality. Trees reduce soil erosion, noise, and glare, while providing habitat for desirable wildlife. Trees moderate the climate and enhance community image, property values, and protects the public health, safety, and general welfare. The purpose of these regulations is to encourage the protection of trees through sound land use and tree management practices by:
(1) 
Preserving, protecting and maintaining existing native trees in Ferguson Township and increasing the overall tree canopy and understory with native species and improving tree and ecosystem health on both public and private lands.
(2) 
Preserving and evaluating healthy trees on site whenever possible, in partnership with the applicant, by ensuring that all applications for grading permits, land development plans, and subdivision plans respect existing trees as a natural resource.
(3) 
Preserving and protecting all individual and groups of heritage trees as defined herein.
2. 
Applicability.
A. 
Any applicant who submits an application for a grading permit, land development plan, or subdivision plan of four parcels or more shall comply with the terms of this chapter.
B. 
Any applicant submits a minor alteration plan (as defined in § 22-306, Subsection 2) may choose to take advantage of incentives within this chapter by compliance with the terms herein.
C. 
This chapter is not intended to apply to:
(1) 
Farm-based business.
(2) 
Subdivisions of three parcels or fewer.
(3) 
A land development plan for a residential structure unless located within the Ridge Overlay Zoning District.
(4) 
The removal of trees from a lot containing or proposing a single-family residence, unless such removal is a part of grading activities that impact one acre or more of area. However, no owner or occupant shall be permitted to remove trees if such trees have been planted or preserved to meet the requirements of Township ordinances or an application approved by the Township.
(5) 
The removal of trees identified as dead or diseased by the Township Arborist.
(6) 
The removal of trees for sale in the ordinary course of business from horticultural properties, such as farms, nurseries or orchards.
(7) 
The removal of any tree, including preserved, heritage and significant, which is deemed a probable or imminent hazard by the Arborist as established by ISA Tree Risk Assessment.
(8) 
The removal of trees required for approved utility construction and maintenance within established easement areas.
(9) 
Timbering and forestry practices as defined by the Pennsylvania Municipalities Planning Code.
3. 
Tree preservation, protection and replacement.
A. 
Tree Survey Plan.
(1) 
All applicable, as defined above, applications for a grading permit, land development plan or subdivision plan shall include an existing tree survey plan and a proposed tree plan except any action that does not include ground coverage disturbance.
(2) 
Minor alteration plans that choose to take advantage of the incentives within this chapter shall submit an existing tree survey plan, a proposed tree plan and comply with the terms of this chapter.
(3) 
All tree survey plans shall be prepared by an engineer, land surveyor, geologist, or landscape architect to ensure accuracy of plats and compliance with § 22-400, Plan Requirements.
(4) 
The existing tree survey plan and proposed tree plan shall be reviewed by the Township Arborist and included as part of staff review comments for preliminary and final plan approval.
(5) 
The number of trees shall be calculated using the guidelines listed in this chapter.
(6) 
Heritage, significant and boundary trees shall be individually noted on the existing and proposed tree plans.
B. 
Existing Tree Survey Plan.
(1) 
The existing tree survey plan shall be prepared at the time of § 22-401, Preliminary Plan Contents and Review, and § 22-402, Final Plan Contents and Review, as its own sheet.
(2) 
The existing tree survey plan shall contain existing topographic contour lines at vertical intervals of two feet for land with average undisturbed slope of 4% or less, and at intervals of five feet for land with average natural slopes exceeding 4%, including source of topographic data and shall show all existing buildings and structures, driveways, parking areas, drainage structures, water detention/retention areas, utilities and all limits of grading.
(3) 
The existing tree survey plan shall denote each tree currently on the lot over six inches in caliper and the existing canopy coverage. It will denote each tree that will be saved, the location of the tree protection fences for each tree to be saved and trees to be removed.
(a) 
Existing tree survey methodologies must be approved by the Township Arborist.
C. 
Proposed Tree Plan.
(1) 
The proposed tree plan shall be prepared at the time of § 22-401, Preliminary Plan Contents and Review, and § 22-402, Final Plan Contents and Review, as its own sheet.
(2) 
The proposed tree plan shall contain proposed topographic information at two-foot contour intervals and shall show all proposed buildings, structures, driveways, parking areas, drainage structures, water detention/retention areas, utilities and all limits of grading.
(3) 
The proposed tree plan shall denote the proposed tree replacement schedule, including the pre-existing trees that will be saved, and the proposed tree canopy of the replacement trees at maturity. The species of proposed replacement and additional trees shall be species listed on the Official Township Planting List.
(4) 
The proposed tree plan shall also include the landscaped buffer and all interior landscaping as required in § 27-707, Landscaping.
D. 
Tree Preservation and Protection.
(1) 
Tree Preservation. Every application for a grading permit, land development plan or subdivision plan application shall preserve 20% of the existing tree canopy on the lot, except where it can be demonstrated that it is not practical to do so and approved by the Township Arborist. The conditions for determining the practicality of tree preservation on a given lot shall be as follows:
(a) 
Condition: Trees that are dead or determined to be in poor condition by the Township Arborist are not eligible for preservation.
(b) 
Species: Any invasive species as defined by this ordinance is not eligible for preservation.
(c) 
Zoning Ordinance Regulations.
(2) 
The applicant may preserve more than the required 20% of the existing tree canopy on the lot to offset parking requirements for that site (as required by Ch. 22, Part 5C, Off-Street Parking and Loading in the Subdivision and Land Development Ordinance), not to exceed 20% of parking credited.
(3) 
The applicant may plant additional trees on the lot to increase the overall tree canopy to offset parking requirements for that site (as required by Ch. 22, Part 5C, Off-Street Parking and Loading in the Subdivision and Land Development Ordinance), not to exceed 20% of parking credited.
(4) 
The credit (round up) for approved preserved trees and additional canopy tree plantings to offset parking requirements shall be calculated as follows:
Percentage of Existing Tree Canopy
Parking Credit
20%
Required
30%
10%
40%
15%
50%
20%
(a) 
Approved preserved trees around the perimeter of the property may offset the buffer requirements for the land development or subdivision (as required by § 27-707, Landscaping, of the Zoning Ordinance). The number of trees required to be planted in buffer yards may be reduced by canopy tree credit for approved preserved trees as follows:
1) 
The credit for approved preserved trees to offset buffer yard landscaping requirements shall be calculated as follows:
Diameter of Trunk of Preserved Tree
(DBH in inches)
Number of Trees Credited
30 or greater
8
18 to 29
6
12 to 17
4
6 to 11
2
(b) 
Any tree preserved within 20 feet of any proposed building or within five feet of a proposed road or sidewalk (measured from edge of curb or edge of right of way) shall not be considered an approved preserved tree by this section.
(c) 
The Township Arborist will perform a tree assessment for each proposed preserved tree on the lot to assess the health and structure prior to credit calculations.
(5) 
The applicant is encouraged to maintain contiguous tree masses.
(6) 
Additional Tree Planting Requirement.
(a) 
If the applicant chooses to increase the tree canopy by planting additional trees, every additional tree must measure at a minimum two inches in caliper at time of planting and be listed on the Official Township Plant List.
(b) 
The species of additional planted canopy trees shall be subject to the recommendation of the Tree Commission. Species are to be hardy to the area and noninvasive and 60% shall be native, consistent with the provisions of this section. The applicant can refer to Ferguson Township's Official Plant List for selections.
(7) 
Subject to the Approval of the Tree Commission:
(a) 
A Maximum of 30% of the additional planted canopy trees may be replaced with evergreen trees (at a minimum of six feet in height at the time of planting) at a ratio of two evergreen trees per required two-inch-caliper canopy tree.
(b) 
A maximum of 20% of the additional planted canopy trees may be replaced with ornamental/flowering trees at a ratio of two understory trees per required two-inch-caliper canopy tree.
(c) 
A maximum of 10% of the additional canopy trees may be replaced as shrubs with a minimum size of two gallons at time of planting and will reach 24 inches in height at maturity at a ratio of six shrubs per required two-inch-caliper canopy tree.
(d) 
A maximum of 10% of the additional canopy trees may be replaced as groundcover at a ratio of 40 plants to one two-inch-caliper canopy tree. The minimum size of the groundcover will be a one-gallon container.
(8) 
Calculation and estimation of existing trees and canopy to be indicated on the existing tree survey plan shall be performed before any clearing commences and shall be performed in the presence of the Township Arborist.
(9) 
Protective Fencing.
(a) 
Every application subject to this section shall be prepared in such a manner to preserve the healthy trees and shrubs on the site.
(b) 
Prior to the preconstruction conference with the Township Arborist, protective fencing shall be placed around trees to minimize damage to root systems. Fencing shall be a minimum of eight feet in height and constructed of chain link or other material approved by the Township Arborist.
(c) 
The protective fencing shall be placed around the dripline of the tree. Nothing shall be stored, stockpiled, temporarily placed, excavated or allowed in the protective fencing.
(d) 
This fence will be installed prior to any and all earth disturbance.
(e) 
No fuel storage, refueling or maintenance of equipment or wash down of cement handling equipment shall be permitted within any protective fencing.
(f) 
Any damage to the fencing or encroachment on the protected areas shall be remedied immediately. Any observed damage to the trees or roots shall be immediately reported to the Township Arborist and remedied as soon as is practicable.
E. 
Tree Replacement.
(1) 
At the discretion of the Township Arborist, approved preserved trees that have not been adequately protected or damaged may be required to be removed and replaced within a ten-foot diameter of the removed tree and not within the buffer yard. This is be at the expense of the applicant in addition to paying a fine as follows:
(a) 
First offense: $500 per tree;
(b) 
Second offense: $750 per tree; and
(c) 
Third and subsequent offenses: $1,000 per tree.
(2) 
If the approved preserved tree was identified as a heritage tree, the applicant will be required to remove and replace the heritage tree in addition to paying a fine of $1,000 and the appraised value of the heritage tree as determined by the Township Arborist in accordance with established ISA tree appraisal standards.
(3) 
All replacement and additional tree plantings shall be guaranteed and maintained in a healthy and/or sound condition or shall be replaced with a new tree of the same species with a minimum caliper of two inches to maintain conformance with the approved subdivision or land development plan.
F. 
Construction Conferences.
(1) 
Preconstruction conference.
(a) 
Upon approval of any permit subject to this section, and prior to any construction, or earth disturbance on the site, a preconstruction conference shall be held on the site between the Township Arborist and the applicant.
(b) 
The preconstruction conference shall coincide with § 22-401, Preliminary Plan Contents and Review.
(c) 
The Arborist shall inspect the tree protection fences and other protective devices which have been installed to protect trees.
(2) 
Notification.
(a) 
After the preconstruction conference, the Township Arborist shall notify the Planning and Zoning Director of his/her findings in writing.
(b) 
Upon approval of the tree protection measures by the Township, grading and construction may proceed, provided that all pertinent permits have been secured with preliminary and final review.
(3) 
Invasive Vines. Invasive vines which threaten the health of any approved preserved tree shall be cut at the base using a hand saw, snips or loppers, and treated with a basal herbicide to minimize regrowth. The vine shall not be pulled out of the tree but shall be allowed to die in place.
(4) 
Post-Construction Conference.
(a) 
Calculation of approved trees remaining after construction shall be performed by the applicant and reviewed and approved by the Township Arborist based on a procedure similar to that used in completing the tree survey plans. In the event the completed project is not in compliance with the approved schedule of preserved trees on the final plan, the applicant shall receive written instructions from the Township addressing reparation for all removed trees. The applicant shall complete the reparation, weather permitting, within 45 days of receiving such notification.
[Ord. No. 1076, 3/15/2022]
1. 
Purpose and Intent. The purpose of this section is to provide landscaping requirements which:
A. 
Enhance and promote the aesthetics of the community through seasonal diversity of plantings.
B. 
Protect the public health, safety, and welfare by:
(1) 
Screening and buffering incompatible land uses.
(2) 
Minimizing noise, air, water, dust, and visual pollution.
(3) 
Preserving property values and the character of neighborhoods.
(4) 
Reducing the heat and glare absorbed and radiated by development.
(5) 
Helping control soil erosion.
(6) 
Increasing traffic safety.
(7) 
Mitigating stormwater runoff on site and improving the water quality through the use of vegetation.
C. 
Increase the variety of plant materials used in landscape plans.
D. 
Improve the aesthetics of the site through seasonal diversity of plantings.
2. 
General Requirements.
A. 
Required buffers shall be reserved solely for open space and landscaping. No proposed building addition, structure, parking area or any other type of physical land improvement shall be located in a required buffer, provided that driveways or roads may cross required buffers if necessary to provide access to the building site. Sidewalks, bikeways and pedestrian paths may also be located within required buffers.
B. 
All selected trees and shrubs must be listed on the official Township plant list. Although not listed on the official Township plant list, any type of herbaceous perennial may be used on site, provided it is not recognized as an invasive plant by the Commonwealth of Pennsylvania Department of Conservation and Natural Resources.
C. 
If you wish to use ericaceous or broadleaf evergreens on site, the pH of the soil must be tested and the soil amended where the plants will be located. This information must be provided to the Zoning Administrator and Township Arborist for verification prior to issuance of the occupancy permit.
D. 
All landscaping, trees and planting materials adjacent to parking areas, loading areas or driveways shall be properly protected by barriers, curbs or other means from damage by vehicles. In addition, the tree or shrub shall be planted a minimum of three feet from any curb.
E. 
Plant materials with seasonal diversity should be selected and distributed throughout the site.
F. 
All landscaping plans should be verified by the Zoning Administrator and Township Arborist with consultation from the Tree Commission.
3. 
Conflicting Requirements. In the event that one or more of the provisions of this section is applicable and there is a conflict among them, the more restrictive requirement shall apply.
4. 
Landscaping Plan. When a site or land development plan requires the installation of landscaping, subject to the requirements of this section, a landscaping plan shall be submitted along with the site or land development plan. The landscaping plan shall show the following:
A. 
The location of all buffer yards and planting areas shall be graphically depicted.
B. 
The plan must graphically depict the distribution, mature height and spread of all required plant materials. The official Township plant list shows the plant height and spread which is to be used for each plant species.
C. 
The plan must show a table which identifies the required and proposed number of each plant species being provided for each type of buffer, screen or other use. (i.e., the number of plants, Corridor Overlay buffer, parking lot, general site). The table shall also identify the scientific and common name of each plant, the mature height and spread and the symbol used for the plant.
D. 
The plan must identify the specific size and species of materials, both vegetative and fencing, which will be used for screening of trash collection and storage areas.
5. 
Planting Requirements. All trees and shrubs shall be planted in accordance with Township Resolution 2014-25.
6. 
Maintenance.
A. 
The owner or his agent shall be responsible for the maintenance, repair and replacement of all landscaping materials and screening fences or walls to maintain conformance with the landscaping requirements.
B. 
Any plant material that is 25% dead or more shall be considered dead and must be replaced.
C. 
Replacements shall be made during the first spring or fall planting season following the death of the plants.
D. 
Replacements shall be of the same size and type (canopy, understory, shrub) of plant as shown on the plan.
E. 
All parking lots and buffer yards shall be kept free of litter and trash.
7. 
Standards. All landscape material planted shall meet or exceed the following standards at the time of planting:
A. 
All canopy trees shall reach a height of at maturity of at least 30 feet with a spread of at least 30 feet and shall have a caliper of at least two inches at planting. Canopy trees are to be planted such that the majority of the canopy is located on the site of the applicant's land development. See the Township's official plant list for a listing of permitted canopy trees.
B. 
All evergreen trees shall reach a minimum height of 20 feet at maturity and shall be a minimum of six feet tall at planting. See the Township's official plant list for a listing of permitted evergreen trees.
C. 
All understory trees shall reach a minimum height of 10 feet at maturity and shall have a caliper of 1 1/2 inches at planting. See the Township's official plant list for a listing of permitted understory trees.
D. 
All deciduous or evergreen shrubs used for screening purposes in the Corridor Overlay District or buffer yard shall reach a minimum height of five feet at maturity and shall be at least three feet tall at planting. See the Township's official plant list for a listing of permitted shrubs.
E. 
All deciduous or evergreen shrubs used for general or parking lot landscaping must be a minimum of two gallons at planting. See the Township's official plant list for a listing of permitted shrubs.
F. 
Where the plantings identified in § 27-707, Subsection 7A through D, immediately above, would result in an inappropriate or impractical design due to underground utilities, overhead wires or other factors, the following substitutions may be made:
(1) 
Two understory trees 1 1/2 inches in caliper may be substituted for one canopy tree.
(2) 
Two evergreen trees may be substituted for one canopy tree.
(3) 
One evergreen tree may be substituted for five shrubs.
8. 
Use of Existing Vegetation.
A. 
Where an existing hedgerow or forested area is located within a proposed buffer yard, the use of existing vegetation is strongly encouraged to the extent that a suitable buffer will be provided. One existing canopy tree of at least four-inch caliper may be substituted for one new tree that is listed in Township's official plant list. All changes to the existing hedgerow or forested area must be approved by the Township Zoning Administrator and Township Arborist with consultation from the Tree Commission.
B. 
Any existing understory vegetation which is shown to be native and noninvasive should counted toward the buffer yard planting requirements.
C. 
In an area where the canopy trees will not allow for the planting and growth of understory trees, four shrubs could be planted in lieu of each required understory tree.
D. 
Prior to plan approval, the plan for tree and/or understory vegetation substitution or removal of existing vegetation must be approved by the Zoning Administrator and Arborist with consultation for the Tree Commission.
9. 
Use of Existing Features. Lots separated by a bona fide drainageway, creekway or stream channel may not substitute such condition for a portion of any corresponding buffer yard width.
10. 
Screening of Trash Collection and Storage Areas. All trash collection and storage areas shall be screened from all adjoining properties and streets with vegetative materials and/or fences of at least six feet in height at the time of installation. Screening with chain-link fencing shall not be acceptable.
11. 
Access and Visibility. No tree, shrub, fence, wall or similar item shall be installed in the sight triangle of any corner, street intersection or accessway intersecting a public right-of-way that would cause an obstruction to visibility.
12. 
Purpose. Buffer yards are intended to aid the Township of Ferguson in protecting the community character of the Township by separating incompatible uses either within the same zoning district and/or between adjacent zoning districts. The purpose of the buffer yard requirements is to alleviate problems which could be encountered by a single standard. The requirements of this section can reasonably accommodate the characteristics of each site and the range of land uses.
A. 
All buffer yards shall include:
(1) 
A required width of 15 feet.
(2) 
A minimum of three canopy trees and four understory trees/evergreen trees per every 100 linear feet of distance along a site's perimeter.
(3) 
A minimum of six shrubs per every 100 linear feet of distance along a site's perimeter.
(a) 
Areas less than 100 linear feet and/or fraction thereof are to be landscaped with the corresponding ratio by 100 linear feet, rounded up to the nearest whole plant.
(4) 
Planting stock to be used as landscape materials for the buffer yard in question are included in the Township's Official Plant List.
B. 
Village District. Within the required three-foot side yard setback, the Board of Supervisors may approve the use of a fence or wall in place of the buffer yard which would satisfy the buffer yard requirements as defined above. When landscaping is being provided to buffer against a different use group than is on the site, the required plant material must be evenly distributed within each 100-foot section of the buffer area. The even distribution of plantings is intended to screen objectionable views. When landscaping is being provided to buffer against the same use group as exists on the site, the required plant material may be grouped or unevenly distributed within each 100-foot section of the buffer area.
C. 
Corridor Overlay District. In addition to the requirements of § 27-401, including the buffer yard options set forth in illustrations adopted as part of this chapter and codified at the end of this section, any site located within the Corridor Overlay Zoning District shall comply with the following landscaped buffer yard requirements:
(1) 
A landscaped buffer shall be required for all parking areas visible from the corridor street. "Visible" is determined by anyone (as represented by the Township Zoning Administrator) that is either a pedestrian and/or passenger or driver of an average size vehicle on the corridor street. The main purpose of this landscape buffer is to screen parking lot views from the corridor street. The landscaped buffer may be permitted within the required fifty-foot setback.
(2) 
To provide flexibility in design of the landscaped buffer yard between the off-street parking lot and the street located in the corridor, one or more of the following landscape treatment options shall be used. The type of canopy trees chosen shall be in accordance with Township Resolution 2014-25 (Regulations and Standards for Arbor Work) and Township Resolution 2015-29 (Approved List of Tree Species, Cultivars, and Hybrids for Street and Park Planting). These treatment options include:
(a) 
A minimum ten-foot-wide landscaped strip shall be planted with a minimum of one canopy tree or evergreen tree and 15 shrubs per 35 linear feet of frontage along the parking area (excluding driveway openings) (Figure 1).
(b) 
A berm/earth mound, the top of which is at least two feet higher than the elevation of the adjacent parking lot pavement. The slope of the berm shall not exceed 25% (4:1) for lawn areas. Berms planted with ground covers and shrubs may be steeper. However, no slope shall exceed 50% (2:1). Berms shall be graded to appear as naturalistic forms not causing any soil erosion problems and planted with a minimum of one canopy tree or evergreen tree and 15 shrubs per 35 linear feet of frontage along the parking area (excluding driveway openings) (Figure 2).
(c) 
A six-foot-wide landscaped embankment strip and a minimum three-foot grade drop from the required yard area into any adjacent parking lot pavement. The resulting embankment shall be planted with a minimum of one canopy tree or evergreen tree and 15 shrubs per 35 linear feet of frontage along the parking area (excluding driveway openings). At least 50% of the required shrubs shall be planted in the top half of the grade drop area (Figure 3).
(d) 
A minimum of a five-foot-wide landscaped strip with a minimum three-foot-high brick, stone or finished concrete material wall to screen any parking lot. The wall shall be located adjacent to, but entirely outside, the minimum five-foot-wide landscaping strip. The strip shall be planted with a minimum of one canopy tree or evergreen tree and 15 shrubs per 35 linear foot of frontage along the parking area (excluding driveway openings) (Figure 4).
(e) 
A minimum twenty-five-foot-wide strip of existing woodlands or tree growth of sufficient trunk diameter or caliper of six inches if preserved between any parking lot or buildings and the corridor street (Figure 5).
(f) 
For display areas consisting of a parking lot that will be used to display products for sale or rent such as cars, trucks, boats and recreational vehicles, the following buffer yard may be used:
1) 
A landscaped planting strip shall be planted with a minimum of one canopy tree for every 50 feet of frontage along the display parking area. Each tree shall have a landscaped planting bed around its base. In addition, each end of the display area shall include a planting bed/mound which includes one canopy tree and 10 shrubs (Figure 6). As required but this chapter, a certain number of plants shall be planted per 35 linear feet. Within the specified length, the plantings may be staggered and do not have to be planted in a linear fashion.
2) 
The placement/configuration of much shall reflect best practices in horticultural and landscape maintenance standards, including but not limited to no placing of materials to be a minimum of two inches of mulch and not to create a formation indicative of a mulch volcano.
(3) 
Flexible Buffer Yard.
Corridor Overlay District Flexible Buffer Yard.
(4) 
of Buffer Yard Width. The landscaped buffer yard area shall be established along the length of, and contiguous to, any lot line or demarcation of land use, such as a leasable area. The width of the area determined from buffer yard of this section shall be measured at right angles to the lot line of the applicant's land development.
13. 
Interior and Exterior Parking Lot Landscaping.
A. 
All parking lots shall meet the location requirements stipulated in Chapter 22. All raised yards surrounding the parking lot shall be bordered by a curb six inches high along the sides of the yard area abutting the parking lot, including spaces and aisles. Where the yards are not raised, separate stops shall be provided at the end of each parking space abutting the yards. Where walkways terminate at curbs, ramps shall be provided. Setback areas shall be planted with grass or similar vegetative material and may include shrubs, fences or walls.
B. 
Planting areas shall be installed at the end of all parking bays abutting an aisle or driveway. The planting areas shall be bordered by a curb four inches high wherever it abuts a space or aisle, and shall be at least nine feet wide and extend the length of the parking space and/or bay. Each planting area shall be planted with a combination of suitable ground covers and/or grass and a minimum of one canopy tree.
C. 
Utility poles and light standards are permitted within the planting areas, provided they are separated from the spaces and aisles as required by Chapter 22. Utility poles and light standards are also permitted within the parking lot, provided the pole is surrounded on all sides by a six-inch concrete curb. The back of the curb must be a minimum of three feet away from the edge of the pole. No poles are permitted within a required parking space or drive aisle.
D. 
When parking bays incorporate more than 10 parking spaces in a continuous row, a raised island shall be incorporated within the parking bay for every 10 parking spaces. The raised island shall be bordered by a curb four inches high minimum wherever it abuts a space or aisle and shall be nine feet wide and extend the length of the parking space and/or bay. Each raised island shall be planted with a combination of suitable ground covers and/or grass and a minimum of one canopy tree. Wherever a building adjoins a parking lot perimeter, islands shall be required. At the discretion of the Board of Supervisors, the required ratio of landscaped islands shall be maintained, but may be exceeded in some lot areas to one island for every 12 parking spaces where lot configuration and/or site constraints exist that would make it unreasonable to install a raised island for every 10 parking spaces.
E. 
In order to provide flexibility in design, reduce heat, glare and visual expansiveness, the following option may be considered in conjunction with interior landscaped islands: provision of a continuous landscaped strip between every four bays of parking in lots that contain eight or more bays in one area. The strip shall be a minimum of 15 feet wide and shall include a vehicle overhang of 2 1/2 feet when parking spaces are adjacent to the strip. The stall length with the overhang strip may be reduced to 16 feet. The strip shall contain a landscaped area of 10 feet minimum in width and shall be planted with shade trees at a ratio of at least one tree for every 40 feet of the strip length inclusive of driveway widths. These trees shall be planted no less than 25 feet nor greater than 40 feet apart. A combination of suitable ground covers and/or grass shall cover the remainder of the strip. If the landscaped strip provides direct access to a building entrance, a minimum five-foot-wide sidewalk shall also be included in the strip. In this event, the landscaped strip will be required to be 20 feet in width, with the sidewalk in the middle of the strip. The required trees can then be planted alternately on each side of the sidewalk at the required distance.
F. 
In the event an existing parking lot is being enlarged or revised, these regulations will apply only to the new section of the parking lot.
14. 
Commercial District Planting Requirements.
A. 
In the C District, the off-street parking located within the front yard setback area shall be provided with a twelve-foot-wide buffer yard between the parking lot and property line fronting any street right-of-way.
B. 
The planting shall provide shade and a view restrictive screen for parking areas. For evening uses, the screen is intended to function to block headlight glare affecting vehicles off site. Headlights of parked vehicles must be obscured from the public right-of-way.
C. 
No tree, fence, wall or similar item shall be installed in the sight triangle of any corner, street intersection or accessway intersecting a public right-of-way that would cause an obstruction to visibility.