A.
The following land development principles, standards and requirements will be applied by the Township in evaluating plans for proposed land development.
All land development plans must reflect a location which has given consideration to the following factors:
A.
Land subject to hazards of life, health, or property as may arise from fire, floods, disease, excessive noise, falling aircraft, or considered uninhabitable for other reasons may not be developed unless the hazards have been removed or the plans show adequate safeguards against them.
B.
A land development must be coordinated with existing land development in the neighborhood so that entire area may be developed harmoniously.
C.
All streets shown on plans shall be of sufficient width and proper grade and shall be so located as to accommodate the probable volume of traffic thereon, afford adequate light and air, facilitate fire protection, provide access of firefighting equipment to buildings, and provide a coordinated system of streets conforming to the Township Comprehensive Plan.
In the layout of any land development, attention must be focused on conditions which can affect development. These can include the following:
A.
In all land developments, developers shall preserve trees, groves, waterways, scenic points, historic spots and other community assets and landmarks as included in the Township Comprehensive Plan, Official Map, Zoning Ordinance, and Farmland Preservation Policy. A grading plan may be required where woods and scattered trees occur. The grading plan must show:
(1)
Accurate location of individual significant trees.
(2)
Accurate existing and proposed ground elevations in relation to these trees. Tree guards during construction and grading limitation of cuts and fills, both temporary and permanent near the trees may be required as necessary to give reasonable assurance of their continued healthy growth.
B.
Land subject to flooding, possessing steep slopes, or other hazards to life, health, or property and land as defined in the Restricted Development Overlay § 470-18 of Chapter 470, Zoning, deemed to be topographically unsuitable shall not be platted for residential occupancy or for such other uses as may increase danger to health, life or property or aggravate erosion or flood hazard until all such hazards have been eliminated or unless adequate safeguards against such hazards are provided by the land development plans. Such land within the development shall be set aside on the plan for uses as shall not be endangered by periodic or occasional inundation or shall not produce unsatisfactory living conditions.
C.
Where flooding is known to have occurred within the area shown on the plan, such area shall be clearly marked "subject to periodic flooding."
D.
No subdivision and/or land development, or part thereof, shall be approved if the proposed development and/or improvements will, individually or collectively, increase the Base Flood elevation more than one foot at any point.
E.
Building sites for residences or any other type of dwelling or accommodation shall not be permitted in any floodway area. Sites for these uses may be permitted outside the floodway area if the sites or dwelling units are elevated to a height at least one foot above the base flood elevation. If fill is used to raise the elevation of a site, the fill area shall extend out laterally for a distance of at least 15 feet beyond the limits of the proposed structures.
F.
Building sites for structures or buildings other than for residential uses shall also not be permitted in any floodway area. Also such sites for structures or buildings outside the floodway shall be protected as provided for in the preceding subsections. However, the Township Supervisors may allow the subdivision and/or development of areas or sites for commercial and industrial uses at an elevation less than one foot above the base flood elevation if the developer otherwise protects the area to that height or assures that the buildings or structures will be floodproofed at least up to that height.
G.
Any building to be erected in any designated flood-prone area, as specified by engineering data regarding the "one-hundred-year flood" or the alluvium and flood-prone soils as specified by the U.S. Department of Agriculture - Natural Resources Conservation Service, shall meet the floodproofing specifications as outlined in the Township Building Permit Ordinance[1] and Chapter 470, Zoning, as applicable.
All roads proposed to be constructed within the Township shall conform to the following general design requirements.
A.
Proposed roads shall be planned with regard to the existing road system, public convenience in terms of fire-protection access, pedestrian traffic, probable volumes of traffic, existing and proposed use of land on abutting properties and future development extensions of the road system.
B.
Residential streets shall be so laid out as to discourage through traffic; however, the arrangement of streets shall provide for continuation of existing or platted streets and for proper access to adjoining undeveloped tracts suitable for future development.
C.
Roads shall be logically related to topography so as to produce reasonable grades, satisfactory drainage and suitable building sites.
D.
The finished elevation of proposed roads shall be established with due consideration given to the need for access to developed properties during times of flooding and ice and snow conditions. Drainage openings shall be sufficient to discharge flood flows without unduly increasing flood heights.
E.
The roads must be properly located and built with regard to the proposed traffic functions, including the minimizing of through-traffic on minor roads and the protection of major roads capacities from excessive marginal access.
F.
The arrangement, character, extent, width, grade, and location of all streets and highways must conform to Township Comprehensive Plan or Official Map.
A.
Width. Minimum road and right-of-way widths shall be as follows:
Classification | Minimum | Minimum Cartway |
|---|---|---|
Arterial or Limited Access Highway (feet) | 80-120 | As determined after consultation with the York County Planning Commission and the Pennsylvania Department of Transportation |
Collector Street (feet) | 60 | 40 |
Minor Streets, Access Drives (feet) | 50 | 34 |
Permanent Cul-de-sac Street (feet) | 50 | 34 |
B.
Exceptions to width requirements. Provisions for additional street width and right-of-way may be required when determined to be necessary to alleviate an existing or potential traffic hazard.
C.
Private roads.
(1)
No subdivision plan shall be approved showing private streets or rights-of way as the sole means of ingress or egress to lots, tracts, or parcels of land unless all such private streets or rights-of-way are laid out and constructed to the above specifications. This provision may be waived if:
(a)
The road existed for the purpose of serving an occupied dwelling on July 21, 1978, and the applicant was the recorded owner of the property to be subdivided on that date.
(b)
The land is subdivided solely for the purpose of restructuring property lines and not for the purpose of land development and is so designated on the plan and deed; or
(c)
The land is subdivided into four lots or less which are to be conveyed to members of the subdivider's immediate family, which includes only ancestors and direct descendants. However, if the applicant's property contained frontage on a public road suitable for lots on July 21, 1978, then the Board of Supervisors shall reject approval of lots on the private road equal in number to those that were available on that date.
(2)
Such Township approval shall be based upon the applicant providing the Township with a copy of a properly executed and permanently recorded road use and maintenance (consent judgment type) agreement between the property owners, which is acceptable to the Township and its Solicitor. No subdivision will be approved under this section if the effect of such approval exceeds the total of four lots on an unimproved private road. Unimproved roads must be put in a mud free and dust free condition before any plan is approved. The Supervisors may impose other necessary restrictions before approving a subdivision on a private road.
D.
Existing road frontage. In the case of a plan containing lots fronting on an existing public road, the developers are encouraged to provide any required dedication for widening the existing road right-of-way to meet the right-of-way standards in (§ 410-29A). Where uncertainty exists as to the road classification, it shall be as specified in the Township Comprehensive Plan.
Rural Major Collectors: | Rural Minor Collectors: |
|---|---|
Cool Creek Road (SR 2011) | Bluestone Road (SR 2019) |
Nursery Road (SR 2025) | Manor Road (SR 2029) |
Calvary Church Road (T 736) | |
East Prospect Road (SR 0124) | |
Abel's Road (SR 0124) | |
New Bridgeville Road (SR 0425) | |
Craley Road (SR 0624) | |
New River Road (SR 0624) | |
Long Level Road (SR 0624) | |
Mount Pisgah Road (SR 2009) | |
Prospect Road (SR 2009) | |
Yorkana Road (SR 2019) |
E.
Dead-end streets. Shall be prohibited, except when designed as temporary cul-de-sac streets by the developer on his own land in order to permit future street extensions into adjoining tracts. These temporary dead end streets must be approved by the Township and indicated on the plans. Also, they must be constructed to the same standards as a permanent cul-de-sac. The turnaround must be removed when the street is continued.
F.
Cul-de-sac streets. Shall not be less than 250 feet or exceed 1,000 feet in length or 25 dwellings, whichever is the greater, unless topographic conditions and/or tract shape warrant an increase that is approved by the Township. They must be provided with a paved turnaround with a maximum diameter of 100 feet to the legal right-of-way. The length of a cul-de-sac street shall be measured from the center of the turnaround to the point of intersection of the center line of the cul-de-sac street and the right-of-way line of the intersecting street. (See example in Appendix B.[1]) The intersecting street shall be a through street.
[1]
Editor's Note: Said appendix is included as an attachment to this chapter.
G.
Curves.
(1)
Where connecting road lines deflect from each other at any one point by more than 10°, the lines must be connected with a true, circular curve. The minimum radius of the center line for the curve must be as follows (See example in Appendix B.):
Type of Road | Minimum Radius (feet) |
|---|---|
Arterial | 500 |
Collector | 300 |
Minor, Access Drive | 200 |
(2)
Straight portions of the road must be tangent to the beginning or end of curves. Except for minor streets, there must be a tangent of at least 100 feet between reverse curves. (See example in Appendix B.[2]) For curves on arterial highways, proper super elevation must be provided as required by the Township and the Pennsylvania Department of Transportation.
[2]
Editor's Note: Said appendix is included as an attachment to this chapter.
H.
Vertical curves. Changes in grade shall be joined by vertical curves. A smooth grade line with gradual changes as consistent with the type of road and the character of terrain as possible shall be designed in contrast to a line with numerous breaks on short lengths of grades. Vertical curves which do not satisfy the minimum stopping sight distance requirements, specified elsewhere in this chapter, shall not be approved.
I.
Grades.
(1)
The grades of roads must meet the requirements below:
Minimum Grade | Maximum Grade | |
|---|---|---|
All Roads | 1% | |
Arterial | 6% | |
Collector | 7% | |
Minor Streets, Access Drives | 12% | |
Culs-de-sac | 12% |
(2)
In all grades exceeding 1%, vertical curves must be used and must be designed for proper sight distance. (See example in Appendix B.[3])
[3]
Editor's Note: Said appendix is included as an attachment to this chapter.
J.
Sight distances Sight distances are a factor of speed, change of grade and degree of curvature. As a guide, proper sight distance must be provided with respect to both horizontal and vertical alignment. Measured along the center line, five feet above grade, the minimum sight distance must be as follows (See example in Appendix B.[4]):
Type of Street | Sight Distance (feet) |
|---|---|
Arterial | 400 |
Collector | 200 |
Minor, Access Drive | 200 |
Cul-de-sac | 100 |
[4]
Editor's Note: Said appendix is included as an attachment to this chapter.
A.
Angle of intersections. Intersections must be nearly at right angles as possible. However, in no case should they deviate from the standards below:
Arterial with Arterial | Arterial with Collector | Collector with Collector | Collector with Minor | Minor with Minor | |
|---|---|---|---|---|---|
Angle of Intersection of Street Center lines | 90° | 75-105° | 75-105° | 75-105° | 75-105° |
B.
Intersection grades. Intersections must be approached on all sides by level areas. These level areas must have a minimum length of 50 feet (measured from the intersection of the center lines) within which no grade may exceed a maximum of 4%. (See example in Appendix B.[1])
Type of Intersection | Minimum Simple Curve Radii of Curb or Edge of Pavement |
|---|---|
Arterial with Arterial (feet) | 40 or more, as determined after consultation with PennDOT |
Arterial with Collector and Minor (feet) | 35 |
Collector with Collector (feet) | 30 |
Collector with Minor Street (feet) | 25 |
Minor Street with Minor Street (feet) | 25 |
Access Drive with any (feet) | 25 |
[1]
Editor's Note: Said appendix is included as an attachment to this chapter.
C.
Intersection curve radii.
(1)
Design of curb or edge of pavement must take into account such conditions as types of turning vehicles, likely speeds of traffic, angle of turn, number of lanes, and whether parking is permitted; but curb or edge of pavement radii must not be less than the following (See example in Appendix B.):
(2)
Three-centered compound curves equivalent to the above minimum simple curves are permitted and encouraged where applicable.
(3)
Radius corners or diagonal cutoffs must be provided on the property lines substantially concentric with, or parallel to, the cord of the curb radius corners.
D.
Intersection sight distances.
(1)
Proper sight lines must be maintained at all street intersections.
(2)
Clear sight triangles of 75 feet (150 feet for arterial streets) measured along street center lines from their points of junction shall be provided at all intersections and no building, structure, grade or planting higher than three feet above the center line of the street shall be permitted.
E.
Distance between intersections. Shall be in accordance with the following (See example in Appendix B.[2]):
Arterial with Arterial (feet) | Arterial with Collector (feet) | Collector with Collector (feet) | Collector with Minor (feet) | Minor with Minor (feet) | |
|---|---|---|---|---|---|
Minimum Distance between Center lines of Intersections, tee or cross | 800 | 800 | 600 | 500 | 350 |
[2]
Editor's Note: Said appendix is included as an attachment to this chapter.
F.
Multiple intersections. Involving junction of more than two streets shall not be permitted.
A.
Access. Streets shall be laid out to provide access to all lots and to adjacent undeveloped areas, and the developer shall improve these streets to the limits of the development.
B.
Driveways/access drives. Within 10 feet of a street right-of-way line, a residential driveway may not exceed 20 feet in width or be less than 10 feet in width.
(1)
The minimum pavement width for a nonresidential access drive shall be 24 feet (two twelve-foot traffic lanes).
(2)
On a street frontage, the number of driveways may not exceed two per lot or dwelling. On a lot of less than 200 feet of frontage, the number of driveways may not exceed one per lot.
(4)
The minimum angle between the center line of the driveway/access drive and the street shall be not less than 65°.
(5)
A driveway/access drive must be located in safe relationship to sight distance and barriers to vision.
(7)
Clear sight triangles measured after the building setback line at the center line of the driveway/access drive to points 75 feet along the center line of the street being accessed must be provided and maintained.
(8)
In no case may any driveway or access drive exceed a slope of 12% along its center line within a street right-of-way and for a distance of 25 feet beyond said street right-of-way line.
(9)
Driveways/access drives shall be paved with concrete, bituminous, or other paving materials within the right-of-way of the accessed street.
(10)
Any driveway/access drive which does not exceed a slope of 5% within the distance set forth above need not be paved with any concrete, bituminous or other paving material beyond the right-of-way line. Any driveway/access drive with slope towards the roadway with a slope exceeding 5% up to a maximum allowable slope of 12% allowed within the street right-of-way and for a distance of 25 feet beyond that right-of-way, shall be surfaced with a concrete, bituminous or other paving material acceptable to the Township Engineer from the intersection of the driveway/access drive with the existing public roadway to a distance not to exceed 100 feet beyond the street right-of-way line.
(11)
Where a driveway/access drive enters a bank through a cut, the shoulders of the cut may not exceed 50% in slope within 25 feet of the point the drive intersects the street right-of-way.
(12)
A fifty-five-foot turning radius shall be required for all nonresidential access drives.
C.
Reserve strips. Controlling access to the development or to adjacent areas by means of reserve strips is prohibited except when their control is definitely placed in the jurisdiction of the Township under conditions approved by the Board of Supervisors.
D.
Street names. Shall not duplicate existing or platted street names, or approximate such names by the use of suffixes such as "lane," "street," "way," "drive," court," may be given to existing or platted street names within the Township and the remainder of York County. New streets shall bear the same name of the existing or platted street with which they are in alignment. Street names must be approved by the Board of Supervisors.
B.
Blocks shall have a maximum length of 1,600 feet, and so far as practical, a minimum length of 500 feet. In the design of blocks longer than 1,100 feet, special consideration shall be given to the requirements of satisfactory fire protection.
C.
Residential blocks shall be of sufficient depth to accommodate two tiers of lots, except where reverse frontage lots bordering a major traffic street are used.
D.
Pedestrian interior walks may be required where necessary to assist circulation or provide access to community facilities. Crosswalks shall have a width of not less than six feet and a paved walk of not less than four feet.
E.
In commercial and industrial areas, the block layout shall be designed with reference to service of the public and with provisions for adequate off-street parking and loading facilities.
A.
Lot layout in a development. All lots within a development should conform to the following requirements:
(1)
Depth and width of parcels laid out or reserved for nonresidential use shall be adequate for the use proposed and sufficient to provide satisfactory space for off-street parking and unloading.
(2)
Lot depths should be from one to 2 1/2 times the average width.
(3)
All lots shall front on a dedicated public street, existing or proposed except where private roads are permitted (§ 410-29C).
(4)
Double frontage lots are prohibited, except where employed to prevent vehicular access to major traffic streets.
(5)
Side lot lines shall be substantially at right angles or radial to street lines.
(6)
Where existing structures on the site proposed to be developed encroach upon minimum building setback areas, a note shall be placed on the final plan giving notice that all such structures shown on such plan, once removed or destroyed, may be rebuilt only if in conformance wish all applicable minimum setback requirements.
B.
Lot dimensions.
(2)
75% of the lot area may not exceed 25% of slope.
(3)
All frontages (widths) for lots having radial side property lines and at least 50 feet of public road frontage (as measured along the street line) shall be measured at a uniform building setback line; all frontages (widths) for all other lots shall be measured at the minimum building setback line.
(4)
All frontages (widths) shall be measured at the minimum building setback line.
C.
Lots in mobile home parks. Lots located in mobile home parks shall conform to configuration and density requirements detailed in Article VII of this chapter.
D.
Lots for other than residential uses. The lot width and area requirements of properties reserved or laid out for uses other than residential shall provide adequate space for yards and off-street loading, unloading, and parking facilities. Subdivision plats for uses other than residential shall be accompanied by plans of contemplated construction on the subdivision lots in sufficient detail to assure that these requirements are being satisfied.
E.
Grading. Lots shall be graded to sufficient elevation to secure drainage away from buildings and to prevent the collection of stormwater in pools. Roof drainage shall be provided for according to recommendations of the Engineer or such other official as may be designated by the Board of Supervisors. Topsoil shall be preserved and redistributed as cover and shall be suitably planted with perennial grasses or ground cover.
A.
Requirements. Based upon the results of the feasibility report required in § 410-20, the development if located in any zoning district except the Agricultural District must be provided with sanitary sewage disposal facilities as follows:
(1)
Where there is an existing public sanitary sewer system on or within 1,000 feet of the proposed development a complete sanitary sewage collection system must be installed and connected to the existing public sanitary sewer system; or
(2)
Where there is no existing public sanitary sewer system, but a public sanitary sewer system is to be installed on or within 1,000 feet of the proposed development within four years, a complete sanitary sewage collection system must be installed and capped, and on-site sewage disposal systems provided until such time that connection to a public sanitary sewer system can be made.
(3)
Sanitary sewers shall not be used to carry stormwater.
(4)
Where there is no existing public sanitary sewer system and the feasibility report indicates that a public sanitary sewer system and treatment plant is not feasible, the adequate provision of on-site subsurface or alternate sewage disposal systems approved by the Pennsylvania Department of Environmental Protection must be investigated.
(5)
All new or replacement sanitary sewer systems located in flood-prone areas, whether public or private, shall be floodproofed up to an elevation one foot above the base flood elevation.
(6)
If on-site subsurface or alternate sewage disposal systems approved by the Pennsylvania Department of Environmental Protection or connection to a public sanitary sewer system or installation of a public sanitary sewer system are not feasible, the development shall not be approved.
A.
Requirements. Based upon the results of the feasibility report, the development must be provided with water supply facilities as follows:
(1)
Where there is an existing public water supply system on or within 1,000 feet of the proposed development a complete water main system connected to the existing public water supply system must be provided, or
(2)
Where there is no existing public water supply and the feasibility report indicates that connection to a public water supply system is not feasible, each lot in the development must be provided with an individual water supply system in accordance with minimum standards approved by the Pennsylvania Department of Environmental Protection.
(3)
All new or replacement water systems located in flood-prone areas, whether public or private, shall be floodproofed to a point one foot above the base flood elevation.
B.
Utility certification. If water is to be provided by any means other than by private wells owned and maintained by the individual owners of lots within the subdivision or development, the developer shall present evidence to the Township Planning Commission and the Board of Supervisors that the subdivision or land development is to be supplied by a certificated public utility, by a bona fide cooperative association of lot owners, or by a municipal corporation, authority or utility. A copy of a certificate of public convenience from the Pennsylvania Public Utility Commission or an application for such certificate, a cooperative agreement or a commitment or agreement to serve the area in question, whichever is appropriate, shall be acceptable evidence.
Management of storm drainage and runoff shall be in accordance with Chapter 400, Stormwater Management of Lower Windsor Township. Where that ordinance conflicts with the following, the Stormwater Management Ordinance shall take precedence.
A.
General requirements. Adequate storm sewers, culverts, and related facilities must be provided, as necessary, to:
(1)
Permit the unimpeded flow of natural watercourses.
(2)
Ensure the drainage of all low points along the line of streets.
(3)
Intercept stormwater runoff along streets at intervals reasonably related to the extent and grade of the area drained.
(4)
Provide adequate drainage away from on-site sewage disposal facilities.
(5)
Control the rate and volume of discharge of stormwater after development.
B.
Lot drainage. Lots shall be laid out and graded to provide positive drainage away from new and existing buildings.
C.
Nearby existing facilities. Where adequate existing storm sewers are readily accessible, the developer must connect his stormwater facilities to these existing storm sewers.
D.
Open drainage conveyance facilities. When open drainage conveyance facilities are used for the disposal of stormwater, the Township shall review the design of such facilities in relation to the following:
(1)
Safety. Steep banks and deep pools shall be avoided.
(2)
Erosion. Adequate measures shall be taken, such as seeding, sodding, paving, or other measures as necessary to prevent the erosion of banks and the scouring of the channel bottom.
(3)
Stagnation. Design of open drainage conveyance facilities shall not create stagnant pools or swampy areas.
(4)
Whenever the evidence available to the Township indicates that natural surface drainage is inadequate, the developer shall install a stormwater sewer system in accordance with approved plans and profiles. The system shall be designed by a registered engineer and be approved by the Township.
F.
Abutting properties. In the design of storm drainage facilities, special consideration must be given to preventing excess runoff onto adjacent developed or undeveloped properties. In no case may a change be made in the existing topography which would:
G.
Drainage onto streets. Stormwater runoff on roadways (i.e. gutter spread, lane encroachment, etc.) shall be controlled in accordance with PennDOT Publication 13M, "Design Manual, Part 2" and Publication 584, "Drainage Manual."
H.
Conservation by design subdivisions. In addition to all stormwater drainage requirements in this section and Chapter 400, Stormwater Management, all Conservation by Design subdivisions greater than five lots shall also provide any combination of the following methods of stormwater management.
(1)
Structural infiltration methods in accordance with the Pennsylvania Department of Environmental Protection Publication Pennsylvania Stormwater Best Management Practices Manual, Chapter 6, Structural BMPs, 363-0300-002, dated December 30, 2006.
(2)
Nonstructural methods to manage stormwater runoff as described in Appendix C[1] of this chapter.
[1]
Editor's Note: Said appendix is included as an attachment to this chapter.
A.
Easements, width and location. Easements with a minimum width of 20 feet shall be provided for poles, wires, conduits, storm and sanitary sewers, gas, water and heat mains and/or other utility lines intended to service the abutting lots. No structures shall be placed within such easements. To the fullest extent possible, easements shall be centered on or adjacent to rear or side lot lines.
B.
Underground installations. In the developments of three or more lots, electric, telephone and all other utility facilities shall be installed underground. The developer shall be required, prior to final plan approval, to obtain a letter from the appropriate utility company confirming that the developer has entered into an agreement to provide for an underground electric and telephone system in accordance with the Pennsylvania Public Utility Commission Investigation Docket #99, as amended, or has obtained a waiver from said Pennsylvania Public Utility Commission to allow overhead electric and telephone facilities.
C.
Natural gaslines. All natural gaslines must be installed in compliance with the USAS Code B31.8, 1968, as amended. The minimum distance from a natural gasline to a dwelling unit must be as required by the applicable transmission or distributing company.
D.
Petroleum lines. Between a proposed dwelling unit and the center line of a petroleum products transmission line which may transverse the development, there must be a minimum distance of 50 feet measured in the shortest distance.
E.
Floodproofing of all utilities. All new or replacement public and/or private utilities and facilities in flood-prone areas shall be elevated or floodproofed to a point one foot above the base flood elevation.
The applicant or developer of any property shall dedicate land to the Township or reserve land for private facilities, construct recreation facilities, pay a fee in lieu of such dedication or construction, or some combination thereof for park or recreation purposes, in accordance with the following standards:
A.
The land to be dedicated or reserved must be of suitable size, dimensions, topography, access, and general character for the proposed use and must be located in an area identified in the Community Facilities Plan of the Comprehensive Plan as having a need for additional recreation facilities.
B.
The amount of land to be dedicated or reserved shall be not less than 0.02 acre for each lot shown on the final plan or for each dwelling unit shown on the land development plan.
C.
Where the application of the area standards of Subsection B would result in a site too small to be usable, or where there is not an identified need for additional land for recreation purposes in the area of the Township in which the subdivision or development is located or here the applicant and Board of Supervisors agree for any other reason, the applicant or developer shall pay Lower Windsor Township a fee per lot or unit, established annually by resolution of the Board of Supervisors for the purpose of providing park or recreation facilities accessible to the development. In lieu of such fees, the applicant and Board of Supervisors may agree that the applicant will construct recreation facilities at an existing Township recreation site accessible to the development. The applicant and the Board of Supervisors may also agree by a written agreement upon any combination of dedication of site, construction of facilities, and/or payment of a fee that will meet the intent of the Comprehensive Plan and this chapter.
D.
The fee in lieu of dedication or facilities to be constructed shall be substantially equal in value to the value of the land that would be dedicated if the standards of Subsection B of this section were applied.
E.
The fee established by this section shall be paid to Lower Windsor Township prior to the recording of the final plan. Such fee shall be deposited in an interest-bearing account clearly identifying the facilities for which said fee was reserved. Interest accounts shall be expended only in properly allocable proportions of the cost incurred to construct the specific recreation facilities for which the funds were collected.
A.
Where a land development is traversed by a watercourse, stream, channel or other drainageway, the developer must provide a drainage easement conforming substantially to the existing alignment of the drainageway. The easement must be a width adequate to:
B.
The minimum easement width shall be 25 feet on each side of the stream center line.
C.
Any changes in an existing watercourse, stream, channel or other drainageway must be approved and a permit issued by the Pennsylvania Department of Environmental Protection.
D.
Under no circumstances may any watercourse be altered such that the carrying capacity of the stream is reduced.