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 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.
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.
E. Approval. All regulated activities as defined in Chapter
400, Stormwater Management, unless specifically exempted in §
400-13 of that chapter, shall be subject to approval by the Township, PA DEP, and/or PennDOT, as applicable.
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:
(1) Result in increasing any portion of the slope to more than 70% within
a distance of 20 feet from a property line to the beginning of the
slope.
(2) Result in a slope which exceeds the normal angle of slippage of the
material involved. All slopes must be protected against erosion.
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 of this chapter.
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.