Township of Cheltenham, PA Article IV Design Standards

§ 260-25 General standards.

The following principles, standards, and design requirements shall apply to all subdivision and land development proposals. Other design requirements as established in Chapter 295, Zoning, of the Township Code or other Cheltenham Township ordinances shall be in addition to the following:

A. Each subdivision and land development plan, whether sketch, preliminary or final, must comply with the requirements of Chapter 295, Zoning, unless variances or special exceptions have been granted by the Zoning Hearing Board or by final court order.

B. All portions of a tract being subdivided or developed shall be designated as to their use, such as lots, streets, parking areas, open space, public lands, or other proposed uses so that remnants and landlocked areas shall not be created.

C. Applicants shall preserve natural amenities such as trees and watercourses, as well as scenic areas, historic sites and other community assets and landmarks to the fullest extent practicable. Such features worthy of preservation shall be identified through reference to the Cheltenham Township Open Space Plan, the Cheltenham Township Comprehensive Plan, and Montco2040: A Shared Vision, Montgomery County's Comprehensive Plan, or the successor plan to any of the aforementioned documents, or other plan or document adopted by the Township.

D. Plans shall be designed to avoid excessive disturbance of vegetation and movement of earth, unless specifically warranted by terrain or location.

E. Development and disturbance of floodplain land areas shall be governed by additional standards contained in this chapter, Chapter 295, Zoning, of the Township Code, and the UCC.

F. The applicant shall construct, install and guarantee, at no expense to the Township of Cheltenham or its authorities, all improvements required as part of plan approval, including, but not limited to, streets, curbs, sidewalks, water and sewage facilities, stormwater management facilities, streetlights, fire hydrants, street signs, shade trees, monuments, lot pins, and other facilities and utilities specified in this chapter. Construction and installation of such facilities and utilities shall be subject to inspection by the appropriate Township authorities during the progress of the work, and the applicant shall pay for all inspections.

G. The applicant shall observe the ultimate rights-of-way for contiguous existing streets as set forth herein. Additional portions of the corridors for such streets shall be offered to the government agency having jurisdiction at the time the subdivision or land development is dedicated. Applicable building setback lines, as defined by Chapter 295, Zoning, of the Township Code of current adoption, shall be delineated as measured from the ultimate right-of-way lines.

H. The proposed subdivision and land development shall be coordinated with the existing nearby neighborhoods as well as with abutting tracts where future development is possible so that the community as a whole may develop harmoniously.

I. Improvement construction requirements shall be completed in accordance with specifications of the Pennsylvania Department of Transportation, the Pennsylvania Department of Environmental Protection, the Montgomery County Conservation District and all other regulatory government agencies having jurisdiction thereof, or the specifications provided herein and whichever specifications are most stringent shall take precedence over any less restrictive law, ordinance or regulation.

J. The standards contained within this chapter are the minimum standards and requirements for the protection of the health, safety, and welfare of the residents of the Township of Cheltenham and are to be used in all subdivisions and land developments. In addition, the Board of Commissioners reserves the right to require standards in excess of the minimum requirements if warranted to protect the health, safety, and general welfare of the community.

K. The applicant shall offer for dedication to the appropriate jurisdiction any and all rights-of-way, easements, land, facilities, or other improvements, the Board of Commissioners reserves the right to accept of refuse offers of dedication to the Township for public uses.

§ 260-26 Conformance with plans.

A. Comprehensive plans. Proposals for land development or subdivision shall be generally consistent with the latest Cheltenham Township Comprehensive Plan, especially as to the use of land, intensity of development, transportation, community facilities and resource protection. Residential development should also be consistent with the housing objectives of the plan.

B. State, regional, county and municipal plans. Proposals shall be generally consistent with appropriate state, regional, county, and any other municipally adopted plans, as last revised, and other plans including, but not limited to, the Township's latest Open Space Plan, Revitalization Plan, Sustainability Plan and any transition plans pursuant to the Township's commitment to the Ready for 100 movement. Where regional facilities are proposed in the plan, including but not limited to highways, rail lines, rail stations, and transportation centers, effort shall be made to preserve needed right-of-way in the proposed land development or subdivision for future infrastructure projects.

C. Public service improvements. Proposals shall be consistent with the location and timing of public service improvements, such as water and sewage facilities in accordance with the appropriate infrastructure plans governing those facilities. In addition, the location of public service facilities as outlined in a capital improvement plan or official map shall be considered in locating and planning development.

§ 260-27 Site organization.

A. Proposed land developments and subdivisions shall address the opportunities and limitations present on a site and its adjacent surroundings. Site opportunities shall be maximized to enhance the overall quality of the development and steps shall be taken to lessen potential negative impacts upon a site and the surrounding properties. The impacts of the proposed development on the natural environment and surrounding land uses shall be given a high priority and made an integral part of the overall design for the land development and subdivision. The following site organization guidelines shall be used:

(1) Site improvement layout. Building placement shall be functionally compatible with the site's topography, existing vegetation, and surrounding land uses, taking into account energy conservation, solar access, and pertinent natural features, as described below in § 260-27A(2), Existing natural features.

(2) Existing natural features. Existing natural features shall be recognized and integrated into the site layout. Existing natural features, including, but not limited to, streams, steep slopes, floodplains and floodways, wetlands, unique habitat, woods and similar natural resources shall be incorporated into the overall site plan to strengthen the unique quality of the land.

(3) Open space. The placement of open space and preservation of scenic views shall be a fundamental part of the development design. Open space lands shall provide for a variety of benefits including recreation, natural resource protection, stormwater management, water quality improvement and protection, air purification, carbon sequestration, scenic views and vistas, and effective buffers between different land uses.

(4) Circulation. Movement within a site and access to the site shall consider the safety and convenience of various types of users, not just vehicles. Cross access by various types of users, including but not limited to pedestrians, bicycle, those with limited or alternative mobility such as wheelchairs, and motor vehicles between properties and joint access shall be considered, in order to improve multimodal circulation.

(5) Relationship to surrounding uses. The proposed design shall complement positively to surrounding uses through building setbacks, buffers, and separation of uses. Various potential negative impacts upon surrounding land uses, including but not limited to noise, light, and loss of privacy, shall be mitigated.

(6) Sustainable development. The development of a site shall use construction methods and building materials that reduce energy, water, and fuel consumption needs of the property, while also considering opportunities to utilize renewable energy sources, and conserve and reuse water resources. For applications considered major plans under this chapter, the applicant shall provide a cost statement providing performance measures, including a ten-year cost evaluation of the energy performance of the systems the applicant proposes to employ, as well as a ten-year cost evaluation of alternative methods to utilize on-site renewable energy sources, and conserve and reuse water resources.

(7) Health hazards. The configuration of a subdivision or land development shall reduce potential health and safety hazards to the future users of the subdivision or land development and to the community as a whole.

§ 260-28 (Reserved)

§ 260-29 Lots.

A. Lot size. All lots shall be no smaller than the minimum lot area requirements of the applicable zoning classification and be generally sufficient in size and shape to adequately accommodate the development or use proposed for it. Lots that contain natural restrictions, including, but not limited to, wetlands, water bodies, steep slopes, or other similar features shall be large enough to provide suitable area for the intended use of the lot without requiring encroachment upon natural amenities. Lots with existing or planned public improvements, such as fuel pipe lines, underground utilities, stormwater detention basins, high voltage power lines, or other similar facilities, shall be of adequate size to allow sufficient room for the intended use of the lot without requiring encroachment on the public facilities or easements for the installation, maintenance, repair and replacement of such facilities and improvements.

B. Lot shape. Every lot shall contain a building envelope that complies with the requirements of the applicable zoning classification in Chapter 295, Zoning, of the Township Code and is suitable for the type(s) of development proposed.

C. Corner lots. Corner lots shall meet lot frontage requirements on two streets.

D. Rear or flag lots. Rear or flag lots shall not be permitted.

E. Reverse frontage lots. Reverse frontage lots shall not be permitted.

F. Lot lines. Lot lines shall be drawn parallel, concentric, at right angles, or radial to the street right-of-way, unless not feasible or undesirable due to existing permanent, natural or man-made features. Where possible, lot lines shall coincide with abutting lot lines and lot lines across streets.

G. Lot lines shall follow municipal and county boundaries rather than cross them.

H. Building lines. Building lines for all lots shall be in conformance with the minimum front, side and rear yard setback line requirements of the applicable zoning district.

I. Lot numbers. For the purpose of development, each subdivision may have an overall system of lot numbers, the number one being assigned to a lot in the first section to be developed. (Such system of lot numbers shall not be confused with the regular house or building numbering system based on a Township-wide plan.)

J. Building numbers. House or building numbers shall be assigned by the Township based on an overall street plan. Numbers will be assigned in such a way as to allow for vacant parcels and future development.

§ 260-30 Community facilities.

A. The Board of Commissioners shall determine the need for additional community facilities to serve the proposed subdivision or land development and shall determine which, if any, community facility or facilities shall be provided. Examples of such facilities include but are not limited to illuminated crosswalks, tot-lots, a gazebo, trail, a pedestrian path to a recreation facility, or an electrical facility or access thereto. Where identified in a Township, county, or state trail or open space plan, a trail shall be the preferred amenity.

B. Where identified in a duly adopted Township Comprehensive Plan, Township Revitalization Plan, or Township Official Map, or if otherwise deemed necessary or desirable by the Board of Commissioners upon consideration of the particular type of development proposed, and especially in large-scale residential developments, the Board of Commissioners may require the dedication or reservation of such areas or sites of an extent and location, as determined by the Board of Commissioners, as is suitable to service the needs created by the development for parks, schools, roads, emergency services, and other facilities to serve the community.

C. Areas dedicated or reserved for such open space or community facilities shall be adequate to provide for building sites, related activity areas, landscaping and off-street parking as appropriate to the use proposed.

§ 260-31 Open space.

A. Applicants shall provide and dedicate open space, including appropriate recreation facilities and trails, in accordance with Chapter 295, Zoning, of the Township Code.

B. Natural resource preservation. To the maximum extent possible, the following environmentally sensitive features shall be preserved based on the natural tolerances to encroachment and development as follows, and in accordance with the appropriate provisions of Chapter 295, Zoning, of the Township Code:

Natural Feature	Minimum % to be Preserved
Floodplains and watercourses	100%
Wetlands	100%
Ponds, both natural and man-made	100%
Steep slopes of 15-25%	70%
Steep slopes of over 25%	80%
Woodlands	50%

Where features overlap, the greater percentage shall be conserved. The percentage of each feature is the extent that it shall not be altered, regraded, filled or built upon. The land required to be preserved by this subsection shall be permanently restricted by an easement and maintenance agreement in form and substance acceptable to the Board of Commissioners and the Township Solicitor preventing further development. The deed restrictions shall be included in the deed to the property and shall be in a form acceptable to the Board of Commissioners and the Township Solicitor.

C. Open space criteria. In determining what land shall be designated as open space and preserved in fulfillment of the requirements of this article, the following standards and principles shall apply:

(1) Goals and existing plans. To the maximum extent possible, open space shall be consistent with the plans and proposals outlined in the Cheltenham Township Comprehensive Plan and the Township Open Space Plan. The Board of Commissioners shall review the consistency of the proposed open space with the recommendations of the Cheltenham Planning Commission.

(2) Interconnections. Open space shall be connected by sidewalk, crosswalk, and/or trails to all buildings on-site and to the public sidewalk along the street. Open space shall connect to permanently preserved land on abutting property, if possible, including provisions for access ways for general public use to permit residents safe and easy access to open space.

(3) Contiguous. Open space areas shall be contiguous, except that two or more separate open space parcels may be connected by other legal public access means.

(4) Access. Open space shall have frontage on a public or private road or easement capable of providing suitable grade to allow for access to the open space by maintenance and equipment transport vehicles.

(5) Utility corridors. Open space may include land within utility corridors only if the utility companies having legal rights to these corridors do not prohibit their use for such purposes.

(6) Open space shall have the physical characteristics capable of serving the purposes intended for such areas, including recreational use.

(7) Open space comprising the verge area may not be counted towards meeting the open space requirement.

(8) Open space shall be visible from dwelling units and roadways.

(9) No more than 10% of open space pursuant to this section shall consist of stormwater management areas.

(10) Specific design criteria. The following design criteria shall apply to specific classes of open space, as indicated below:

(a) To the maximum extent possible, a village green, lawn, recreation area, or park, when proposed, shall be at least 20,000 square feet in size, must be able to fit a circle with a radius of at least 75 feet inside of it, and be surrounded along at least 45% of its perimeter by roads or driveways.

(b) To the maximum extent possible, a public plaza, when proposed, shall have a minimum size of 2,500 square feet, shall be surrounded by streets or building facades on all sides, shall be comprised of landscaping covering between 25% and 80% of the plaza, and shall be improved by an architectural feature or amenity approved by the Board of Commissioners that helps identify the area as a central gathering space.

D. Open space designation. All land held for open space shall be so designated on the plans. The plans shall contain the following statement for lands in Subsection D(1) through (7) below: "Open space land may not be separately sold, nor shall such land be further developed or subdivided." All plans shall further designate the use of open space, the type of maintenance to be provided, and a planting plan or schedule. When designating the required open space pursuant to § 260-31C above, the following classes shall be used to define the intended uses of said open space:

(1) Natural area. Land which is left predominately in a natural condition and managed to protect significant natural resources in accordance with a natural areas management plan.

(2) Farmland. Land which will be used to grow agricultural crops or for the pasturing of farm animals maintained in accordance with the soil and water conservation plan as approved by the Montgomery County Conservation District.

(3) Recreation area. An area designated for specific recreational uses including, but not limited to, tennis, athletic fields and tot lots. Such areas shall be maintained so as to avoid creating a hazard or nuisance, and shall perpetuate the proposed use.

(4) Garden area. An area designated for community vegetable plots.

(5) Stormwater management. No more than 10% of required open space shall consist of stormwater management areas. Only bioretention areas are permitted to be counted as open space, provided the 10% restriction in the previous sentence is satisfied.

(6) Park. A small area designated for use for a variety of outdoor activities. It may include lawn areas, decorative plantings, seating areas, and/or walking paths.

(7) Public plaza. An area in an urban or village center designated as a meeting place for community residents. It may include gazebos, information stands, seating areas, decorative plantings, fountains, or other similar features.

E. Open space ownership and perpetuation. At least one of the methods cited under this section shall be used individually or in combination with other methods, to own and perpetually preserve open space that is provided in fulfillment of the requirements of this article and Chapter 295, Zoning, of the Township Code. The final subdivision and or land development plan shall clearly indicate the manner in which open space will be owned and administered. Prior to final plan approval, an open space management plan shall be developed by the applicant for the benefit of the entities to which ownership or maintenance responsibilities will be transferred, which shall include schedules and cost estimates for routine stewardship tasks of all open space facilities and natural resources on the site. Following final plan approval, the open space ownership shall be established as outlined below. Written notice of any proposed transfer of open space shall be given to the Township for approval no less than 30 days prior to such event.

(1) The Township may, but is not required to, accept fee simple dedication of open space land in accordance with the following:

(a) There shall be no cost of acquisition (other than costs transfer costs agreed upon by the Township).

(b) The Township shall agree to maintain the open space.

(c) The open space shall be in an acceptable condition to the Township at the time of dedication with regard to size, shape, location, and that any improvements are certified as satisfactory by the Township Engineer.

(d) The applicant shall prepare, at no expense to the Township, the legal description, with metes and bounds, of the land being offered for dedication.

(e) The Township may accept the dedication by means of a signed Township resolution to which a property description, deed, and plan of dedication area or areas shall be attached.

(f) All dedications in fee simple shall be free and clear of any liens or encumbrances.

(g) The Township shall not accept fee simple dedication of open space without compensation for maintenance for a period as determined sufficient by the Township.

(h) An agreement citing all applicant obligations serving as a condition to plan approval shall be approved by the Township and recorded with the plan at the same time as the plan is approved.

(2) A public agency acceptable to the Township including county, state, or federal government or another municipality may, but shall not be required to, accept the fee simple dedication of open space, provided that the Township approves a maintenance plan whereby the grantee agrees to and has access to maintain the open space.

(3) Open space may remain or be placed in the ownership of the individual property owners and shall be restricted from further subdivision and/or land development by deed restriction, provided that:

(a) The Township shall agree to the boundaries of the open space that shall be held in private ownership.

(b) Restrictions providing for the protection and continuance of the open space which meet Township specifications shall be placed in the deed for each property that has the open space area within its boundaries.

(c) A maintenance agreement suitable to the Township shall be established and the deeds to the properties that are located within the deed restricted open space areas shall clearly state that the maintenance responsibility for the open space lies with the individual property owner.

(4) A private, nonprofit conservation organization, among whose purposes is to conserve open space land and/or natural features, may, but shall not be required to accept the conveyance of fee simple or less-than-fee-simple interests in any portion of the open space, provided that:

(a) Any private, nonprofit conservation organization intended to be the grantee of a conveyance shall be acceptable to the Township as a bona fide conservation organization with perpetual existence.

(b) Any conveyance shall contain appropriate provisions for proper reverter or retransfer in the event that the grantee becomes unwilling or unable to continue carrying out its function.

(c) A maintenance agreement acceptable to the Township shall be established between the applicant and the conservation organization.

(5) Open space may be controlled with condominium agreements that shall be approved by the Township and be in conformance with the Pennsylvania Uniform Condominium Act or Uniform Planned Community Act.[1] All open space land and facilities shall be held as a common element.

[1] Editor's Note: See 68 Pa.C.S.A. § 3101 et seq. and 68 Pa.C.S.A. § 5101 et seq., respectively.

(6) Open space may be held in common ownership by a homeowners' association. In addition, the homeowners' association shall be governed according to the following:

(a) The owner or applicant shall provide to the Township a description of the organization, including its bylaws, and all documents governing maintenance requirements and use restrictions for open space. The homeowners' association agreement shall be recorded.

(b) The organization shall be established (with financial support by the applicant if necessary) before any lot in the subdivision or building in the development is sold.

(c) Membership in the organization and fees shall be mandatory for all purchasers of property therein and their successors.

(d) The organization shall be responsible for the maintenance of suitable insurance on the open space.

(e) The members of the organization shall share equitably in the costs of maintaining, insuring, and operating the open space.

(f) The applicant proposing any plan containing open space shall arrange with the Montgomery County Board of Assessment a method of assessment of the common facilities which will allocate to each tax parcel in the development a share of the total assessment for such open space. Where this alternative is not utilized, the organization shall be responsible for applicable real estate taxes on common facilities.

(g) The organization shall have or hire adequate staff, as necessary, to administer, maintain, and operate the open space.

(h) The organization shall have the power to compel fees from property owners therein to cover their proportionate shares of the initial cost and costs associated with the maintenance and upkeep of the open space.

F. Open space restrictions. Every property proposed for open space shall be restricted in the following manner:

(1) The property deed shall contain the following deed restriction:

This property was established as permanent open space through the approval of the [name of proposed subdivision or land development] and recorded in Deed Book _____ and Page_____, and shall be maintained as open space in accordance with the approved plan. No change of use, transfer of ownership, or sale of this property shall occur without the written consent of the Township in accordance with requirements of the Township Zoning Ordinance. This restriction shall have the effect of a covenant running with the land, and shall otherwise be binding upon the Grantee, and shall be enforceable only by the Township, its residents or former owners of the property.

(2) The Township is authorized to make random inspections of any open space property created through municipal actions to ensure that the owner and any successors, agents or assigns duly perform, abide by, and complete any duties, obligations, or requirements as set forth in the final plan and/or deed restrictions.

(3) The Township may require financial security to ensure appropriate long term maintenance of the open space depending upon the ultimate owner of the open space. The amount of financial security shall be established as necessary to reimburse the Township for its expense of performing remedial measures if not performed by the owner.

(a) In the event that the entity charged with maintenance responsibilities, or any successor, agents or assigns thereto, fails to maintain all or any portion of the open space in reasonable order and condition in accordance with the development plan and all applicable laws, rules, and regulations, the Township may serve written notice upon such entity, upon the residents and owners of the uses relating thereto, setting forth the manner in which the entity has failed to maintain the open space in reasonable condition.

(b) Such notice shall set forth the nature of corrections required and the time within which the corrections shall be made. Upon failure to comply within the time specified, the organization, or any successor organization, shall be considered in violation of their responsibilities, in which case the Township may enter the premises and take corrective action.

(c) The financial security funds in the applicant's escrow account, if any, may be forfeited, and any permits may be revoked or suspended. If the funds of the escrow account are insufficient to pay the costs of remedial maintenance, the costs of corrective action by the Township shall be assessed ratably, in accordance with tax assessments, against the properties that have the right of enjoyment of the common facilities and shall become a lien on said properties. The Township, at the time of entering upon such common facilities for the purpose of maintenance, shall file a notice of such lien in the office of the Prothonotary of Montgomery County, upon the properties affected by such lien.

§ 260-32 (Reserved)

§ 260-33 (Reserved)

§ 260-34 Preservation and protection of existing vegetation.

A. Preservation of existing vegetation.

(1) All subdivisions and land developments should be laid out in such a manner as to minimize the removal and/or disturbance of healthy trees, shrubs, and other vegetation on the site. Special consideration shall be given to mature specimen trees and ecologically significant vegetation.

(2) Removal or disturbance of vegetation in environmentally sensitive areas, including wetlands, and riparian corridors, shall be undertaken only as permitted in §§ 260-35 and 260-36 below to minimize the adverse effects of such actions.

(3) The applicant shall prove to the satisfaction of the Board of Commissioners that vegetation removal is minimized. A written document or plan shall be performed by a registered landscape architect or other qualified professional showing that no more desirable layouts are possible and no alternative clearing or grading plan would reduce the loss of mature trees, tree masses, and woodlands.

(4) Each freestanding mature tree, tree mass, or woodland on the site shall be designated "to remain" or "to be removed" on the existing features plan, pursuant to § 260-15C(7) above and in accordance with the following criteria:

[Amended 12-16-2020 by Ord. No. 2415-20]

(a) Trees 100% dead shall be designated "to be removed."

(b) Measures shall be taken to preserve live trees, especially unique or specimen trees, as well as trees 24 inches dbh or greater. Examples of such measures are:

[1] Rerouting proposed overhead utilities for less branch interference and underground utilities for less root disturbance.

[2] Determining that, in certain cases, the proposed excavation or grade change will have minimal impact on tree health per an arborist.

[3] Trimming of branches to clear proposed buildings, parking lots, overhead utilities, site triangles, solar access, etc. An arborist shall determine if the trees will be viable after such trimming.

[4] Routine tree maintenance (pruning, dead wood removal, cabling) to remediate an unsafe or unhealthy tree.

(c) If the above preservation measures are not appropriate in a given case, then a mature tree, tree mass or woodland may be designated "to be removed" based upon any of the following criteria, but in no case (especially for undesirable trees) shall the live tree count be reduced for their removal:

[1] The outermost branches of the tree(s) are within five feet of, or the trunk of the tree is within 20 feet from any proposed building, structure, paving, parking or utilities (overhead or underground).

[2] The outermost branches of the tree(s) are within five feet of, or the trunk of the tree is within 20 feet from any proposed changes in grade or drainage such as excavations, mounding, impoundments, or any utility installations or easements.

[3] The tree(s) interfere with traffic safety or are located within proposed sight triangles.

[4] The tree(s), by its location or apparent health, poses any undue threat to the health, safety and welfare of the community.

[5] The tree blocks required solar access.

[6] Undesirable or nuisance trees, either individual or species; for example, diseased or insect infested, messy fruiting trees, nonnative, or invasive.

(d) Mature trees, tree masses, or woodlands that do not fit the above criteria shall be designated "to remain" or "to be preserved."

B. Protection of existing vegetation. Existing vegetation designated "to remain," in accordance with § 260-34D, Tree replacement planting requirements, Subsection D(1), as part of the landscaping of a subdivision or land development shall be identified in the field prior to any clearing and shall be physically protected throughout the construction process. The following additional standards shall apply:

(1) A temporary, sturdy physical barrier, such as a snow fence or chain-link fence as determined by the Township, shall be erected a minimum of one foot outside the dripline or a minimum of 20 feet from the tree's trunk, whichever is greater, on all sides of freestanding trees, tree masses, or woodlands prior to major clearing or construction. A detail of said fence shall be provided by the applicant for review by the Township.

(2) The barrier shall be placed to prevent disturbance to or compaction of soil inside the barrier and shall remain until construction is complete. No grading shall occur within the protection area, nor shall the placement or storage of construction materials or machinery be permitted in the protection area.

(3) The barrier shall be shown on the erosion and sedimentation (E & S) control plan, grading plan and the landscape plan. Reference to the installation of tree protection should be included in the sequence of construction notes to ensure incorporation of tree protection before the earliest stages of site disturbance.

C. Credit for preserved trees. Tree plantings required by this chapter are permitted to be satisfied, whenever possible, by utilizing or preserving existing noninvasive, healthy trees. To receive credit, an applicant must demonstrate that the trees intended to be preserved are located in areas of the site suitable to otherwise satisfy the replacement landscape requirement; an applicant must stipulate exactly what replacement landscape requirement is proposed to be credited. Credit for existing trees which are "to remain," or "to be preserved," as determined in § 260-34A(4) above, to offset the replacement tree requirement shall be calculated as follows:

[Amended 12-16-2020 by Ord. No. 2415-20]

Preserved tree (dbh)	Number of Trees Credited (3 inches caliper)
18 inches and greater	4 trees*
12 to 17 inches	2 trees*
8 to 11 inches	1 tree*

NOTES:
*	Only one tree shall be credited for each preserved street tree.

D. Tree replacement planting requirements.

(1) Any subdivision or land development proposal which will result in the destruction of any trees (dead or alive) three inches dbh or greater that would result in the reduction of 10% or more of the total tree dbh in the limit of disturbance (LOD) area shall replace all of the tree dbh removed in excess of 10% as reduced by the appropriate credit for preserved trees in the LOD area. If the LOD area does not reasonably contain enough space for the required replacement trees, they may be planted elsewhere on the subdivision or land development tract. “Existing trees” shall also include all trees which existed on the site two years prior to the submission of the application for subdivision or land development approval. The total tree removal impact of woodland areas designated “to be removed” shall be measured by a forest density survey that calculates the approximate quantity of trees (three inches dbh or greater) per square foot area. Calculated woodland tree removals and individual mature tree removal shall be listed on the plan. Required tree replacements shall be calculated by the following formula:

[Amended 12-16-2020 by Ord. No. 2415-20]

(a) Each tree three inches dbh or greater that is destroyed shall be replaced with a sufficient number of trees whose total caliper measurement equals the dbh measurement of the tree which is destroyed or removed minus the credit for preserved trees pursuant to § 260-34C, credit for preserved trees. Each individual replacement tree intended to satisfy this requirement shall have a minimum two-and-one-half-inch caliper.

(b) Replacement trees shall comply with the landscape design criteria in § 260-63, General landscape design criteria, of this chapter.

(2) Replacement trees shall be planted on site to mitigate for existing trees removed. Such replacement trees shall be required to be planted are distinct from and in addition to all other landscaping requirements of this chapter. Proposed replacement tree plantings shall be identified and listed on the plan.

(3) If the site does not reasonably contain enough room for the required replacement trees, the Board of Commissioners may allow the developer to locate some or all of the replacement trees on public lands or accept an equivalent fee in lieu of plantings, at their discretion.

(4) Calculation and estimation of existing trees shall be performed before any clearing commences and shall be documented on the plan.

(5) Calculation and estimation of the existing trees remaining after construction shall be performed and compared with the calculations of the approved plan. Any tree removals additional to those on the approved plan shall be replaced as required by this section prior to the issuing of any occupancy permits.

§ 260-35 Wetland protection.

A. Hydric soils. The presence of hydric soils may indicate wetlands. When hydric soils are indicated on the site, a wetlands study should be conducted in accordance with the U.S. Army Corps of Engineers Wetlands Delineation Manual (1987 Manual). In the event no wetland study is undertaken, the location of soils with soils rated as all hydric in the county soil survey on site will be assumed to be wetlands for the purpose of this chapter and shall be noted on the plan as such.

B. Wetlands as defined by the U.S. Army Corps of Engineers and the Commonwealth of Pennsylvania in accordance with Section 404 of the Federal Clean Water Act of 1977[1] and the Pennsylvania Clean Streams Act[2] shall be preserved in subdivisions and land developments. Jurisdictional determination of wetlands shall be obtained at an early stage to determine the extent and location in the proposed subdivision and/or land development. Required permits shall be acquired prior to final plan approval.

[1] Editor's Note: See 33 U.S.C. § 1344.

[2] Editor's Note: See 35 P.S. § 691.1 et seq.

C. Wetland buffer. A twenty-five-foot setback known as the "wetland buffer" shall be maintained around the perimeter of all wetlands. No removal of vegetation, except the selective removal of dead trees and or other noxious vegetation in the wetland area or buffer shall take place without the specific permission of the Township Engineer in consultation with a specialized consultant professional of the Township's choosing.

§ 260-36 Riparian corridor management.

Riparian corridors shall be maintained as defined and delineated pursuant to Article XX, Riparian Corridor Conservation Overlay District, of Chapter 295, Zoning, of the Township Code, in addition to the requirements of this section:

A. Whenever a pond, watercourse, stream, or intermittent stream is located within a development site, it shall remain open in its natural state and location and shall not be piped or channelized.

B. When a riparian corridor is present or required as per Chapter 295, Zoning, of the Township Code on a property included in a subdivision or land development, no construction, development, use, activity, or encroachment shall be permitted unless a riparian corridor management plan is submitted and approved by the Board of Commissioners upon the recommendation of the Township Engineer, and the effects of such development are mitigated by the implementation of the riparian corridor management plan. The riparian corridor management plan shall meet the following requirements:

(1) Plan contents. The riparian corridor management plan shall contain the following information:

(a) Existing conditions, including the corridor boundaries, steep slopes, swales, wetlands, streams, ponds, floodplains, woodlands, other vegetation, and existing structures. A written description of unusual or significant conditions shall also be included.

(b) Management goals for the entire tract and long-range goals for the riparian corridor, if applicable (including goals such as reforestation, eradication of invasive species, protection or improvement of water quality, water filtration, infiltration, stream buffering, and/or stream bank stabilization).

(c) Proposed activities, including a plan drawn to scale that shows all proposed activities within and adjacent to the riparian corridor (including long-term management goals). The plan shall differentiate areas that will be disturbed from those that will be protected and preserved.

(d) Proposed management, including an explanation of how the goals will be met given the proposed activities. The plan shall specify when the construction, planting, or other activities are to begin and end and shall address long- and short-term maintenance, mitigation, and improvement activities necessary for preservation of the riparian corridor, including application of herbicides, removal of invasive plants, spacing and types of newly planted trees and shrubs, mowing schedules, and other related functions. Special provision shall be made to plan for and implement plantings of understory and shrub layers once the canopy trees has become established.

(2) Management, mitigation, and restoration measures. The proposed management plan shall comply with the following management, mitigation, and restoration measures:

(a) Management practices. The following management practices shall be integrated into the management plan:

[1] Existing woody and other vegetation shall be preserved to the greatest extent possible.

[2] Fallen branches and other organic material shall be allowed to remain where they have fallen, provided that they do not create a hazard.

[3] Stream crossings shall be designed at a 90° angle to the stream, or as close as possible.

[4] Stream banks shall be stabilized in accordance with "A Streambank Stabilization and Management Guide for Pennsylvania Landowners," by PA DEP.

(b) Mitigation measures. Disturbance or permanent removal of vegetation within the riparian corridor shall be mitigated by at least one of the following measures, with a total amount of mitigated area, measured horizontally, that is equal to or greater than the total amount of disturbed area, measured horizontally:

[1] Increasing the area of the corridor. The area of the riparian corridor, measured from the defined edge of a watercourse (from the top of the stream bank), is increased as prescribed by Chapter 295, Zoning, of the Township Code, or as much as needed to replace the area lost due to the encroachment, whichever is greater.

[2] Increasing the effectiveness of the corridor. In existing degraded wooded areas or proposed new wooded areas, planting the riparian corridor with new canopy trees at a minimum rate of 10 feet on center or one tree per 225 square feet in staggered naturalized rows or an equivalent informal arrangement within the area within 25 feet of the top of each bank of the stream.

(c) The management plan shall comply with the Township's policy regarding herbicide application recommendations, as produced by the Township Environmental Advisory Council (EAC).

(3) Vegetation selection. To function properly, vegetation in the riparian corridor management plan shall be selected by a registered landscape architect or ISA-certified arborist for suitability with site-specific conditions and approved by the Township Engineer.

(a) Existing tree cover shall be surveyed and inventoried to assess the need for any new plantings. Existing species included on any invasive or watch list shall be removed.

(b) Adjacent to the watercourse, dominant vegetation shall be comprised of a variety of native riparian tree and shrub species and appropriate plantings necessary for stream bank stabilization.

(c) Away from the watercourse, dominant vegetation shall be comprised of riparian trees and shrubs, with an emphasis on native species and appropriate plantings necessary to stabilize the soil.

(d) All riparian corridor areas shall be revegetated with riparian corridor plants, in compliance with the approved Riparian Corridor Management Plan, the requirements of § 260-88, Plant materials specifications, and the following:

[1] Canopy tree and shrub plantings shall be located along the stream bank to provide shade for the stream, and soil erosion control and stormwater benefits, according to accepted stream bank restoration practices.

[2] New canopy trees shall be planted at a minimum rate of 10 feet on center or one tree per 225 square feet in staggered naturalized rows or an equivalent informal arrangement within the area within 25 feet of the top of each bank of the stream.

[3] Dead or damaged trees and plantings shall be replaced at no cost to the Township. The Township may require financial security be posted to guarantee the trees and plantings for a period of 18 months from the date of substantial completion of the improvements in accordance with a maintenance agreement executed by the applicant in a form acceptable to the Board of Commissioners upon advice of the Township Solicitor.

(e) Areas that cannot be revegetated shall be restored using management practices accepted by experts qualified in riparian corridor management.

(4) All riparian corridor management plans shall be consistent and written in coordination with any relevant Army Corps of Engineers studies for the areas under consideration or PA DEP required permits.

C. Conservation easement. To preserve the riparian corridor in perpetuity, a conservation easement shall be placed on the plan, the dimensions of which shall be coterminous with those required of Chapter 295, Zoning, of the Township Code and shall be recorded together with the final plan and the riparian corridor management plan at the County Recorder of Deeds.

§ 260-37 Topsoil protection and grading.

A. Minimal grading. Grading shall be limited to the minimum amount of disturbance of soil or natural topography.

B. Top soil protection. The topsoil that existed naturally on-site prior to subdivision or land development shall be managed in the following way:

(1) In areas to be graded, the topsoil shall be stripped off and stockpiled on site and only in accordance with the erosion and sediment (E & S) control plan.

(2) Following construction, the stockpiled soil shall be screened and redistributed uniformly on site to a minimum depth of eight inches and suitably stabilized by vegetation.

(3) Any topsoil in excess of soil needed for the reestablishment of eight inches depth in areas of the site that will not be paved may only be removed from the site provided that written authorization has been obtained from the Township Engineer, and provided that said soil to be removed has been documented and proven to be composed of clean fill. Said soil to be removed shall not be resold, and all attempts shall be made to relocate to a location within the Township, as specified by the Township Engineer.

C. Grading. All permanent and temporary cutting, filling, grading, regrading, and/or other forms of earthmoving activities shall be known as "grading" and shall be conducted only in compliance with the standards as described below.

(1) All grading shall be set back from property lines at least three feet or a sufficient distance to prevent any adverse effects on adjacent properties.

(2) No permanent excavation shall be made with a cut face steeper in slope than 3:1. For steeper slopes, a soils report prepared by a qualified engineer or geologist experienced in performing such studies and registered in the Commonwealth of Pennsylvania shall be prepared to document the soil stability.

(3) Wherever grading will increase the volume or velocity of stormwater flow toward a property line, the applicant shall install and maintain drainage facilities sufficient to prevent adverse effects on the adjoining property. The construction and operation of these drainage facilities shall not cause any adverse effects on abutting properties.

(4) Within the property proposed for development or along property lines, where grading creates an abrupt dropoff in contrast to a previously existing gradual change or where a wall is being installed, the applicant shall be required to install a fence or other suitable protective barrier.

(5) A permit shall be required for grading operations. Permits shall be issued by the Zoning Officer upon recommendation of the Township Engineer for each tract, lot, parcel, or site which comprises a separate operation, unrelated to or not contiguous with nearby grading proposed or performed by the applicant. A permit shall not be required in the following situations, however:

(a) For an excavation that does not exceed 10 cubic yards total material removed.

(b) For a fill that does not exceed 10 cubic yards of material deposited.

(c) For an excavation below finished grade for basements and footings for a single-family detached or two-family dwelling, swimming pool, or underground structure authorized by building permits, excavation for a driveway for a single-family detached or two-family dwelling, or the regrading of such excavated materials into the site from which they were excavated.

§ 260-38 Erosion and sediment control.

A. General. Erosion and sediment control must be addressed in the following manner:

(1) An erosion and sediment control plan, which meets the requirements of the DEP's Erosion/Sediment Pollution Control Program (Pa. Code Chapter 102, Erosion Control) must be approved by the Montgomery County Conservation District (MCCD) and available on site for all earth-disturbance activities greater than or equal to one acre.

(2) All construction activities involving earth disturbance greater than or equal to one acre, or an earth disturbance on any portion, part, or during any stage of a larger common plan of development involving earth disturbance greater than or equal to one acre, must be authorized by a National Pollutant Discharge Elimination System (NPDES) permit.

(3) No subdivision or land development plan shall be approved unless:

(a) There has been a plan approved by the MCCD and/or Township Engineer that provides for minimizing erosion and sedimentation consistent with this section, and an improvement bond or other acceptable securities are deposited with the Township in the form of an escrow guarantee which will insure installation and completion of the required improvements; or

(b) There has been a determination by the MCCD and/or Township Engineer that a plan for minimizing erosion and sedimentation is not necessary.

(4) The Board of Commissioners, in its consideration of any preliminary plan of subdivision and land development, shall condition its approval upon the execution of measures designed to prevent accelerated soil erosion and resulting sedimentation, as required by PA DEP. All applicable regulations and permit requirements of PA DEP as stipulated in its Soil Erosion and Sedimentation Pollution Control Manual shall be followed for all earthmoving activities.

B. Performance principles.

(1) Any appropriate action which minimizes erosion and sedimentation as described in the Pennsylvania Erosion and Sediment Pollution Control Program Manual can be included in the plan. Alternative methods should be discussed with the Township Engineer prior to the preparation of an erosion and sediment control plan.

(2) No unfiltered stormwater coming from an area which has been disturbed shall be permitted onto an adjacent tract or allowed to be discharged into any water body.

C. Responsibility.

(1) Whenever sedimentation is caused by stripping vegetation, regrading or other development activity, it shall be the responsibility of the applicant to remove it from all adjoining surfaces, drainage systems and watercourses and to repair any damage at their expense as quickly as possible.

(2) It is the responsibility of applicant performing any work or disturbance on or across a stream, watercourse, or swale or upon the floodplain to maintain, as nearly as possible, in its present state the stream, watercourse, swale, floodplain or right-of-way during the activity and to return it to its original or equal condition after such activity is completed. Adjacent to the watercourse, dominant vegetation shall be composed of a variety of native riparian tree and shrub species and appropriate plantings necessary for stream bank stabilization. No work shall be performed on or across any stream, watercourse or swale or upon the floodplain without a permit from PA DEP.

(3) Disturbed areas shall be revegetated in compliance with § 260-62, Stormwater management areas plantings.

(4) Areas that cannot be revegetated shall be restored using best management practices accepted by PA DEP.

§ 260-39 Preservation of existing structures and historic features.

The design of subdivisions and land developments should be done in a manner which would preserve desirable cultural and historic features of a site wherever reasonably possible.

A. No proposal will be approved with a property line extending through any portion of an existing structure, except where that property line follows a party wall separating semidetached or attached units, in accordance with Chapter 295, Zoning, of the Township Code.

B. When existing structures are retained.

(1) Setbacks for existing structures. When new lot lines are created, it is recommended that setbacks for the existing structures be greater than the applicable required minimum setback when the height and/or bulk of the existing structure significantly exceeds that of proposed abutting development. For existing tall structures, it is recommended that a setback be equal to or greater than the height of the structure. For proportionally wide or deep structures, a setback at least equal to 1/2 the width or depth of the structure is suggested.

(2) Structurally deficient structures shall be rehabilitated in conformance with Cheltenham's Building Code and Property Maintenance Code.

(3) Additions to retained structures shall conform in all respects to the requirements of Chapter 295, Zoning, of the Township Code applicable to the district in which the structure is located. It is recommended that the additions be compatible with the character, design, building materials, and other architectural features of the building.

(4) Historical or culturally significant structures shall retain their respective characters, to the greatest extent practical.

(5) New structures abutting the retained structure shall reflect the retained structure's character, to the greatest extent practical.

(6) In nonresidential zoning districts, retained structures shall be provided with adequate parking, service, and landscaped areas in accordance with the Chapter 295, Zoning, of the Township Code provisions for the intended use.

C. Except as governed by Article XVII, Historical Architectural Review Overlay District, of Chapter 295, Zoning, of the Township Code, when existing structures will be removed:

(1) The plan must show the location and include a brief description of the structures to be removed.

(2) Plan approval will be granted upon written agreement to the expeditious removal of structures intended for removal, in conformance with municipal demolition permits.

(3) All applicable municipal requirements and procedures regarding demolition of structures and disposition of the reusable parts and/or disposal of the rubble shall be satisfied.

(4) If the structure will not be removed immediately, a financial guarantee must be posted for its removal, in compliance with § 260-92, Financial security, herein.

§ 260-40 Sidewalks and verges.

Sidewalks shall be installed along all existing and proposed public and private streets, common driveways, and common parking areas.

A. General.

(1) Sidewalks and verges shall be required on both sides of the street within the ultimate right-of-way.

(2) The Board of Commissioners may waive or alter the sidewalk requirements, provided an alternative pedestrian circulation concept can be shown to be more desirable, especially when using open space areas, provided that appropriate connections are provided between the open space walkways and the surrounding pedestrian origins and destinations.

(3) If for any reason an interim waiver of these requirements is made, a sufficient guaranty shall be posted for the eventual installation of sidewalks, subject to approval by the Board of Commissioners, upon recommendation of the Township Engineer and Solicitor.

B. Design and layout.

(1) In addition to the sidewalks required by § 260-40A(1) above, sidewalks and verges shall also be provided in appropriate locations to provide safe and efficient pedestrian access between parking areas, buildings, and other pedestrian destinations.

(2) Sidewalk and verge widths are required to satisfy the standards set forth in Figure 4.2, Sidewalk and Verge Standards, both when they are located in the ultimate right of way and when they are outside of the right of way. Figure 4.3, Illustrated Sidewalk Levels of Service, illustrates levels of service offered by varying widths of sidewalks.

(3) A verge shall exist between the curbline or edge of cartway and the sidewalk, according to the following standards:

(a) Verges between sidewalks and the curbs may contain streetlights, trees, benches, trash cans, mailboxes, or newspaper boxes. No obstacle in the verge may reduce the required sidewalk width for use by pedestrian traffic as described in the standards in Figure 4.2, Sidewalk and Verge Standards.

(b) The verge shall be maintained as a grass strip between the sidewalk and the curb. If grass is impractical at the site, brick pavers or similar surface may be used at the discretion of the Board of Commissioners, upon recommendation of the Cheltenham Planning Commission and Engineer.

(c) Where a verge is proposed as a grass strip, in no case shall its width be less than three feet.

(4) The Board of Commissioners may require additional sidewalk width in areas where higher volumes of pedestrian traffic are anticipated. In no case shall sidewalk width be less than four feet.

(5) All sidewalk widths are exclusive of any obstacle. Sidewalk areas comprised of streetlights, trees, benches, doors, trash cans, mailboxes, newspaper boxes, or similar feature may not be counted towards meeting the minimum width.

(6) Additional sidewalks or paved trails shall be required where deemed necessary by the Board of Commissioners to provide access to schools, religious institutions, parks, community facilities, trails, and commercial or employment centers, and to provide necessary pedestrian circulation within land developments and/or subdivisions where otherwise required sidewalks would not be sufficient for public safety and convenience.

(7) The grade and paving of the sidewalk shall be continuous across driveways, except in certain cases where heavy traffic volume dictates special treatment. The grade and alignment of all sidewalks shall be approved by the Township Engineer.

(8) If the provision of sidewalks requires the destruction or removal of mature trees, the Township Shade Tree Advisory Commission (STAC) shall make a recommendation on the impact of removal of said trees.

(9) Conflicts arising from the placement of street trees, utilities, and verges should be discussed with the STAC and Planning Commission and Engineer to determine appropriate placement and alignment.

(10) Proposed sidewalks shall maintain the width, pattern, material, and style of the Township's sidewalk network. Where proposed sidewalks meet existing sidewalks which have a different width, a tapered transition shall be constructed.

Figure 4.2 Sidewalk and Verge Standards
Zoning District	Verge (feet)	Sidewalk (feet)
Single-family residential districts (R1, R2, R3, R4 Districts)	3	5 to 6
All other base zoning districts	4	5 to 8

Figure 4.3 Illustrated Sidewalk Levels of Service

§ 260-41 Crosswalks.

A. Crosswalks shall be clearly delineated at all street intersections and all driveway crossings, and marked to the width of the largest contributing sidewalk or trail. In no case shall crosswalk width be less than the minimum width required by PennDOT.

B. Crosswalks and their transition to adjacent sidewalks or trails shall be designed to facilitate access and use by persons that are physically disabled, in compliance with the Americans with Disabilities Act (ADA).[1]

[1] Editor's Note: See 42 U.S.C. § 12101 et seq.

C. Where a crosswalk is located at a principal or minor arterial or major collector street, the Board of Commissioners may require one or more of the following measures as described in the Pennsylvania Traffic Calming Handbook based upon the recommendation of the Township Planning Commission and Engineer:

(1) Textured crosswalks. Crosswalk patterns, materials, and colors shall be consistent with surrounding crosswalks based on the theme established in the Township and recommended to the Board of Commissioners by the Township Planning Commission and Engineer.

(2) Pedestrian signalization shall be provided at intersections where traffic signals exist.

(3) Curb extensions, bulb-outs, raised medians, raised crosswalks, and other pedestrian safety methods shall be considered and, where determined to be appropriate by the Board of Commissioners, constructed.

(4) Raised speed table crosswalks.

§ 260-42 Trails and pathways.

A. When a subdivision or land development includes an existing or a proposed trail with public access customarily used by pedestrians, bicyclists as delineated in the Township's adopted Comprehensive, Open Space, or other plans, the applicant shall make provision for the continued or proposed use of the trail subject to alterations of the course of the trail within the boundaries of the development under the following conditions:

(1) The points at which the trail enters and exits the tract shall remain unchanged.

(2) The proposed alteration shall not diminish trail design and function.

(3) Where an existing trail runs coincidentally with the paved road intended for use by motorized vehicles, landscaping and other physical structures shall be used to increase the separation between the trail and the road.

B. Trail widths shall be as follows:

(1) Multi-use trails shall be 10 feet wide with a cleared area of five feet in width on either side.

(2) A pathway for walking or bicycling shall be a minimum of six feet wide with a cleared area of two feet on either side.

C. The Board of Commissioners may require, as a condition of final plan approval, the guarantee of public access and improvement of trails when the site is traversed by or abuts an existing trail or a trail proposed in an adopted open space or trail plan of Montgomery County, the Township of Cheltenham, or other governmental entity.

D. When a subdivision or land development lies adjacent to a park, school, or other pedestrian destination, pedestrian connections shall be made to that destination.

E. All trails and pathways shall be constructed before occupancy of residences and other buildings adjoining the proposed trails/pathways.

F. When a trail is intended for public use, a permanent access easement shall be provided allowing public access to the trail on all properties on which the trail is or will be located. The width of the easement area on which the trail is located shall be a minimum of 20 feet. The language of the easement shall be to the satisfaction of the Board of Commissioners, upon recommendation of the Township Solicitor.

G. Any of the methods cited under § 260-31E, Open space ownership and perpetuation, concerning open space ownership may be used either individually or in combination, to own and perpetually preserve trail easements provided in fulfillment of this article.

H. Trails and pathways shall have adequate access for use by all residents of the development or the general public when indicated on a Township, County or other governmental entity plan.

I. Trails shall be landscaped in accordance with the specifications described in § 260-50, Buffer plantings. Landscaping shall be used to help delineate the route of the trail and screen surrounding properties from trail users.

J. The land area permanently designated for trails for public use may be credited toward any open space requirement of Chapter 295, Zoning, of the Township Code.

K. No trail shall be designed with the intent to accommodate motorized vehicles except for emergency or maintenance access.

§ 260-43 Bicycle routes and lanes.

When a subdivision or land development includes improvements to streets which have been specified on Bike Montco: The Bicycle Plan for Montgomery, or Township-adopted plans or maps to receive future bicycle infrastructure improvements, bicycle routes or lanes shall be created according to the road, the speed, and the applicant's frontage as indicated in the aforementioned plans.

§ 260-44 Water supply.

A. Applicants shall provide a safe, reliable, and adequate water supply from public water service to support the intended uses approved as part of a development plan. Applicants shall present evidence to the Board of Commissioners that the subdivision or land development is to be supplied by Aqua PA or other suitable water supplier. 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.

B. Fire hydrants shall be located at accessible points throughout the subdivision and land development and shall be located according to the Township Engineer in consultation with the Township Fire Marshal. As a general rule, hydrants should be located at each street intersection and at intermediate points as recommended by the Township Fire Marshal. Generally, hydrant spacing may range from 350 feet to 600 feet depending upon the area being serviced. The type and methods of construction to be employed in the installation of fire hydrants shall be in accordance with current state and local regulations.

C. Public water supply facilities design. The design for public water supply facilities shall be in accordance with PA DEP Water Supply Manual, the specifications of the utility providing water service, or Article VI, Engineering and Construction Standards.

§ 260-45 Wastewater disposal.

A. All lots created through subdivision or all proposed land developments must have a suitable method for the management of wastewater.

(1) The applicant shall demonstrate suitable management of wastewater for each lot of a subdivision or land development through one of the following ways:

(a) If the site falls within the sewage facilities growth area established in the Township Act 537 Sewage Facilities Plan, the following options should be pursued in the order listed:

[1] Where suitable collection system infrastructure and treatment facilities are reasonably available with adequate capacity, the applicant shall connect the proposed lots or land development to the collection system and treatment plant after complying fully with any permit or fee requirements established by the owner of the collection and treatment facility; provided however, the Township maintains the right to allocate EDUs within the Township for any new development.

[2] Where suitable collection system infrastructure and treatment facilities are not reasonably available with adequate capacity to allow the applicant to connect the proposed lots or land development, the applicant may petition the owner of the collection system and treatment facility to extend the system or rectify the in adequacies of the treatment facility to enable future connection.

(2) Sewage facilities plan revision. Planning approval shall be obtained for the selected option from the PA DEP or Montgomery County Health Department.

(3) Sewage facilities plan revision exceptions include:

(a) Minor subdivisions, where no additional lots are created and there is no new or increase in sewer usage. This includes lot line adjustments, simple conveyances, and mortgage subdivisions. The impact of existing wastewater facilities shall be considered in the placement of new lot lines in these types of subdivisions.

(b) Non-building lots, provided a properly executed request for planning waiver and nonbuilding declaration has been submitted to and approved by DEP. Where the waiver is approved by DEP, the final plan and the deed for the lot shall contain the following notation:

As of the date of this deed/plot plan recording, the property/subdivision described herein is and shall be dedicated to the express purposes of _____ use.

No portion (or lot number(s)_____) of this property are approved by__________ the Township of Cheltenham or the Department of Environmental Protection (DEP) for the installation, construction, connection, to or use of any sewage treatment facility. No permit will be issued for the installation, construction, connection to, or use of any sewage collection, conveyance, treatment, or disposal system (except for repairs of existing systems) unless the municipality and DEP have both approved sewage facilities planning for the property/subdivision described herein in accordance with the Pennsylvania Sewage Facilities Act (35 P.S. § 750.1 et seq.) and regulations promulgated thereunder. Prior to signing, executing, implementing, or recording any sales contract or subdivision plan, any purchaser or subdivider or any portion of this property should contact the appropriate officials of the Township of Cheltenham who are charged with administering the Sewage Facilities Act to determine the form of sewage facilities planning required and the procedure and requirements for obtaining appropriate permits or approvals.

B. Sewage facilities design. The design and installation of domestic sewage facilities shall be done in accordance with the Pennsylvania Domestic Wastewater Facilities Manual prepared by PA DEP and Article VI, Engineering and Construction Standards.

C. Existing on-lot sewage disposal systems that will remain in use shall be inspected and certified as to their satisfactory functioning, in accordance with the Township Sewage Facilities Plan, Montgomery County Health Department, and DEP standards. Malfunctioning systems shall be repaired or replaced with systems designed and constructed to current standards.

D. Any improvements to the sewer system (e.g, through the addition of sewer equalization tanks, etc.), and the construction or alteration of any structures, in- or aboveground structures that are a result of the sewer facilities planning process or revision thereof related to changes in the sewer facilities plan, shall be required to be reviewed as a land development as per this chapter for reasons of health safety and public welfare.

§ 260-46 Solid waste management.

All lots and land developments must contain proper facilities for the management of solid waste, including recycling, in accordance with the following:

A. All solid waste disposal and storage areas shall be fully enclosed within an opaque structure. If the area is not enclosed within the principal building, a trash enclosure shall be composed of brick, stone, cement, concrete with the exception of the entry gates, provided the gates are opaque as well.

B. Residential developments with single-family homes may manage solid waste through a curbside collection service.

C. Developments without regular curbside collection shall have solid waste collection containers within enclosures. Enclosures shall be made of durable material in accordance with Article VI, Engineering and Construction Standards.

D. Solid waste storage facilities should be located in the following manner:

(1) Convenient to portions of the development where solid waste is generated.

(2) Accessible for trash collection trucks.

(3) Solid waste storage may be placed near building service entrances or loading docks, but may not be placed in any area used for parking or loading requirements.

(4) In apartment or condominium complexes with centralized waste storage, containers should be located in an area which is convenient to each grouping of 10 to 15 units or be located in a large enclosed facility at the entrance to the development.

(5) During the servicing of these containers (up to five minutes) it is important that internal circulation at the site is not impeded.

E. Operations. Trash storage containers shall be serviced at least once a week. If a dumpster contains food waste it shall be serviced every three days. A storage container shall have tight fitting lids, secured at all times, and be leak free. It shall also be cleaned out at least two times a year.

F. Screening shall be required as per § 260-49A(2) and as per Chapter 295, Zoning, of the Township Code.

§ 260-47 Stormwater management and drainage.

A. The stormwater management system shall be designed in accordance with all current and applicable Township stormwater management ordinances and the Pennsylvania Stormwater Best Management Practices Manual.

B. Existing natural stormwater drainage systems shall be preserved and incorporated into the overall site stormwater management system.

C. Natural site conditions. New stormwater conveyance and control devices shall be designed to be compatible with natural site conditions.

D. Approval or construction in sections.

(1) Approval in sections. When subdivisions or land developments are submitted to the Township Engineer for approval in sections, a complete storm sewer design for the entire proposed subdivision and land development shall be submitted.

(2) Construction in sections. If only a section of a subdivision or land development is contemplated for construction, the applicant's engineer shall show how stormwater from each section will be managed to protect adjacent properties. If temporary construction is required, the engineer shall include such structures in the plan submitted.

(3) Management in phases. If a subdivision or land development is proposed to be constructed in phases, and the construction schedule will result in the commencement of a future phases 180 days or more following the completion of the previous phase, then the stormwater management design must be completed in a manner such that the rate, quantity and quality requirements of all applicable Township and state ordinances and/or regulations are met for each phase of construction.

E. Grading slopes. Minimum grades within the bed of any stormwater detention basin shall be 2%. Minimum grades within retention, infiltration and/or wetland style basins may be less than 2%, but all such designs are subject to the consent and approval of the Township Engineer. Minimum grades within any constructed channel of conveyances shall be 2%. Maximum side slopes of any stormwater impoundment berm shall be 33% (3:1 slope).

F. Dispersal through site. Appropriate stormwater controls, best management practices, and conveyance facilities should be dispersed throughout the site and generally located close to the sources of stormwater release such as downspouts, culverts, and parking lots.

G. Maintenance of stormwater facilities. Prior to the granting of final approval of any subdivision or land development plan, the Township must be satisfied through contractual arrangements that all stormwater facilities will be properly maintained. If all, or a portion, of the facilities will be on property which will be conveyed to an individual homeowners' association or any other eventual owner, the guarantees must be in such a form that they will carry through to the new owners. The approved post-construction stormwater management plan shall be recorded with the Montgomery County Recorder of Deeds, along with all maintenance requirements for the same.

H. Conveyance to two or more separate owners. If the land containing stormwater management BMPs will be conveyed to two or more separate owners, the applicant shall provide written assurance and deed restrictions to the Township that the stormwater management structures will be properly maintained by the owners, or if acceptable to the Township, be dedicated to the Township, which shall then be responsible for maintenance.

I. Easements and dedication. Where stormwater or surface water will be gathered within the subdivision or land development and discharged or drained over lands within or beyond the boundaries of the subdivision or land development, the applicant shall reserve or obtain easements over all lands affected. The responsibility for maintenance of stormwater management facilities and surface conveyance systems shall lie with the property owner, unless otherwise stipulated by the design plans and/or per agreements of record on file with the Township or the Montgomery County Recorder of Deeds. The easements shall be adequate for such discharge or drainage and for carrying off of such water and for access that may be required for the inspection, maintenance, repair, and reconstruction of the same, including access by vehicles, machinery, and other equipment for such purposes, and which shall be of sufficient width for such passage and work. The Township shall have the right to enter and inspect any such easements and repair any issues that affect the function of the stormwater management facilities, at the expense of the property owner, should the property owner refuse to make such necessary repairs, and/or if the property owner could not be contacted following reasonable efforts to do so.

J. Storm drainage directed into an adjacent municipality. When storm drainage will be directed into an adjacent municipality, all provisions for accommodating such storm drainage shall be submitted to the governing body of that municipality for review and approval.

K. Discharge of roof runoff. Stormwater runoff from roofs shall not be discharged into the street right-of-way without approval by the Township, upon review by the Township Engineer, nor concentrated onto adjacent properties. It shall be returned to sheet flow or discharged into a structure adequately designed and approved by the Township.

L. Properties shall be graded to ensure proper surface drainage away from buildings and to promote the collection of stormwater in conveyance systems per design. Minimum 2% slopes away from structures shall be required.

M. Storm sewers.

(1) Existing storm sewer accessibility. Where existing storm sewers are reasonably accessible and of adequate capacity, subdivisions and land developments may connect to the existing storm sewers.

(2) All storm sewer pipes shall have a minimum diameter of 15 inches.

(3) Drainage easements. Storm sewers located within road rights-of-way shall be designed to be parallel with the roadway to the greatest extent possible. When located in undedicated land, they shall be placed within an easement not less than 20 feet wide, as approved by the Township Engineer.

(4) Drainage facilities design requirements. All drainage facilities shall be designed to adequately handle surface runoff and carry it to suitable outlets and shall be designed in accordance with the following minimum design standards.

(a) All storm drains and drainage facilities such as gutters, catch basins, bridges, inlets, and culverts shall be installed and the land graded for adequate drainage as shown on the grading plan submitted and approved with the final plan. Construction of these facilities shall generally conform with PennDOT Publication 408 (latest version) and PennDOT Publication 72M (latest version). Storm drains and appurtenances shall be required to be constructed by the applicant to take surface water from the bottom of vertical grades to lead water away from springs and to avoid use of cross gutters at street intersections and elsewhere.

(b) The existing points of natural drainage discharging onto adjacent property may only be altered in accordance with Chapters 290 and 291 of the Township Code.

(c) No stormwater runoff or natural drainage shall be so diverted as to overload existing drainage systems, or create flooding or the need for additional drainage structures on the other private properties or public lands. In cases where increased stormwater flows attributable to an applicant's development will overload existing connected facilities, the applicant shall be responsible for enlarging those facilities to adequately convey, at a minimum, the 100-year storm.

(d) Location within township rights-of-way. Storm sewer lines within street rights-of-way shall be placed at locations acceptable to the Township. They shall be protected by a cover of at least 18 inches from surface grade and at least 18 inches from any crossing utility.

(e) Location within state rights-of-way. Storm sewer systems that are to be located within state rights-of-way shall be approved by PennDOT by obtaining a highway occupancy permit prior to final plan approval.

(5) Collection system design.

(a) Storm sewer pipes and/or culverts shall be designed to pass the ten-year design storm without surcharging. However, at the recommendation of the Township Engineer, the storm sewer system shall be designed to convey the twenty-five-year storm where the receiving (downstream) stormwater system has adequate capacity to carry the flow. In addition, storm sewers and/or surface channels of conveyance shall be designed to adequately convey the 100-year design storm volume to a stormwater management BMP, or existing channel or watercourse, without negatively impacting existing or proposed structures.

(b) The collection system shall be designed by the rational method of design in accordance with American Society of Civil Engineers Manual No. 37 except where noted, using the formula Q = CiA, unless otherwise approved by the Township Engineer.

(c) Curb inlets. Curb inlets shall be located at curb tangents on the uphill side of street intersections, and at intervals along the curbline to control the maximum amount of encroachment of runoff on the pavement. For all storm sewer systems within public roadways, the engineer shall provide bypass calculations to demonstrate that the surface flow width shall not exceed 1/2 the width of any travel lane, based upon the ten-year design storm.

(d) The capacity of all inlets shall be based upon a maximum flow to the inlet of 4.0 cfs, calculated based on the design storm event. The maximum flow to inlets located in low points (such as sag vertical curves) shall include the overland flow directed to the inlet as well as bypass runoff from upstream inlets.

(e) All storm sewer pipes shall be a minimum of 18 inches in diameter, unless otherwise permitted by the Township Engineer. Roof leaders and underdrains may be less than 18 inches in diameter in accordance with approved designs. All pipes shall be Class III reinforced concrete or HDPE pipe.

(f) Open end pipes must be fitted with appropriate endwalls or wing walls. Open culvert endwalls or wing walls for pipes larger than 18 inches in diameter and longer than 60 feet in length shall be fitted with durable protective grates, subject to approval by the Township Engineer.

(g) Roof drainage. Stormwater roof drains and pipes shall not discharge water over sidewalks or walkways.

(h) All storm structures shall be designed with a minimum two-inch drop in invert between pipe inverts entering and exiting the structures. In addition, where the pipe diameter is the same for pipes entering and exiting structures, a concrete low-flow channel shall be constructed within the bottom of the structure (if not sumped by design) providing a small flow of water through the structure.

(i) Manholes. Manholes shall be constructed at all changes in horizontal or vertical alignment and as otherwise required in § 260-79, Utility locations, easements, and rights-of-way.

(6) All storm sewer pipes shall be videoed to confirm their structural integrity before dedication to the Township.

N. Stormwater management BMPs.

(1) Authorization. All land development projects must conform to the stormwater management requirements of Chapters 290 and 291, as applicable.

(2) Stormwater management facilities. Stormwater management facilities shall be provided to address the rate, volume, and quality requirements of Chapters 290 and 291, as applicable. All such facilities shall conform to the design standards per the PA Stormwater Best Management Practices Manual (latest version). Other stormwater management facilities shall be considered only when accompanied by detailed design plans, details, and calculations, and only upon approval of the Township Engineer.

(a) Any stormwater management facility designed to store runoff and requiring a berm or earthen embankment required or regulated by this chapter shall be designed to provide an emergency spillway to handle flow up to and including the 100-year post-development conditions. The height of the embankment must be set as to provide a minimum 1.0 foot of freeboard above the maximum pool elevation computed when the facility functions for the 100-year post-development inflow rate and volume.

(b) Basin berm construction requirements.

[1] Site preparation. Areas under the embankment and any structural works shall be cleared, grubbed, and the topsoil stripped to remove trees, vegetation, roots or other objectionable material. In order to facilitate cleanout and restoration, the pool area will be cleared of all brush and excess trees.

[2] The minimum top width of detention, retention, wet pond, or any other basin berm that stores stormwater volumes of 10,000 CF or greater at the 100-year water surface elevation shall be 10 feet. For basins with a storage volume less than 10,000 CF, the minimum berm width shall be five feet.

[3] Cut of trench. A cutoff trench will be excavated along the center-line dam on earthfill embankments. The minimum depth shall be two feet. The cutoff trench shall extend up both abutments to the riser crest elevation. The minimum bottom width shall be eight feet wide but wide enough to permit operation of compaction equipment. The side slopes shall be no steeper than 1:1. Compaction requirements shall be the same as those for the embankment. The trench shall be kept free from standing water during the backfilling operations.

[4] Embankment. The fill material shall be taken from the selected borrow areas. It shall be free of roots, wood vegetation, oversized stones, rocks or other objectionable material. Areas on which fill is to be placed shall be scarified prior to placement of fill. The fill material should contain sufficient moisture so that it can be formed by hand into a ball without crumbling. If water can be squeezed out of the ball, it is too wet for proper compaction. Fill material will be placed in six-inch to eight-inch layers and shall be continuous over the entire length of the fill. Fill material must be compacted to a minimum of 95% of modified proctor density as established by ASTM D-1557. Compaction testing by a certified soils engineer/geologist must be completed as directed by the Township Engineer to verify adequate compaction has been achieved.

(c) Emergency spillways discharging over embankment fill shall be constructed of reinforced concrete checker blocks to protect the berm against erosion. Alternate lining materials may be utilized upon approval of the Township Engineer. The lining shall extend to the toe of the fill slope on the outside of the berm and shall extend to an elevation three feet below the spillway crest on the inside of the berm.

(d) Stormwater management facility outlet piping shall be Class III reinforced O-ring concrete pipe. Energy dissipating devices shall be placed at all basin inflow points and outfalls. A minimum of one concrete anti-seep collar shall be required. Pre-cast collars shall have a minimum thickness of eight inches; field-poured collars shall have a minimum thickness of 12 inches. Collars may not be installed within two feet of pipe joints. Collars must be designed to project a minimum of two feet around the perimeter of the pipe. Maximum collar spacing is 14 times the design projection around the perimeter.

(e) All outlet structures shall be located within the embankment for purposes of maintenance, access, safety and aesthetics. Below-grade structures (standard inlet boxes, manholes, etc.) shall not project above the ground surface. The minimum diameter of any free-flowing orifice shall be three inches. Innovative low-flow or anti-clog devices with free-flowing orifices less than three inches are permitted upon review and approval by the Township Engineer. All inflow headwalls and outlet structures shall be provided with slanted trash racks with a maximum grid opening of four inches by four inches, constructed of aluminum. The trash rack shall be slanted at 45°, to be able to withstand loading of 500 pounds and be hinged at the top for cleaning. Other trash racks may be utilized upon approval of the Township Engineer.

(3) Infiltration rates. Infiltration BMPs may only be installed within areas in which the tested infiltration rate falls between 0.1 and 10 inches per hour. Any infiltration system shall be designed to fully drain all water within 72 hours following the peak storage volume of the design storm event. Testing of infiltration rates shall be completed in accordance with Appendix C of the Pennsylvania Stormwater Best Management Practices Manual.

(4) Methodology. The Soil Complex Method shall be use for all projects in which the total earth-disturbance area exceeds 1.0 acres. Use of the Rational Formula for analysis of drainage areas shall be permitted only upon approval of the Township Engineer.

(5) Retaining walls shall not be specified for use within the 100-year floodplain of any detention/retention facility or any embankment slope or cut slope that is appurtenant to the construction of a detention/retention facility.

(6) Whenever a stormwater management facility will be located in an area underlain by limestone, a geological evaluation of the proposed location shall be conducted to determine susceptibility to sinkhole formations. The design of all facilities over limestone formations shall include measures to prevent ground water contamination and, where necessary, sinkhole formations. Soils used for the construction of basins shall have low-erodibility factors ("K" factors). Installation of an impermeable liner shall be required in detention/retention basins.

(7) Water quality. In an effort to prevent water quality from negatively affecting stormwater management facilities, stormwater runoff conveyed to all BMPs shall be treated prior to discharge into said BMP, through storm structure inserts, the construction of forebays, or similar devices. The Township Engineer shall approval the use of any and all treatment devices.

(8) As-built survey. As-built surveys of the final constructed condition of all stormwater management BMPs designed to address the rate and/or volume of stormwater runoff, shall be provided to the Township by the land developer. For closed or underground BMPs where such surveys are not possible, the land developer shall provide internal video of the constructed conditions to verify compliance with the approved design plans. For any closed BMP system where the final in situ condition will prevent video, the land developer shall ensure that a representative of the Township is present on site during construction to verify compliance with the approved design plans.

O. Bridge and culvert design. Any proposed bridge or culvert within or spanning a perennial or intermittent stream shall be designed in accordance with the following principals:

(1) All bridges, culverts, and drainage channels shall be designed to convey a flow rate equal to a 100-year, twenty-four-hour storm as defined by the U.S. Department of Agriculture, Natural Resource Conservation Service (previously SCS), Technical Release No. 55. All bridges and culverts shall be designed to convey the 100-year design storm without increasing the extent and depth of the 100-year floodplain.

(2) Bridges and culverts shall be designed with an open bottom to maintain natural sediment transport and bed roughness, avoiding acceleration of water velocity above the natural (preexisting) condition. Rock (riprap) lining (native material if possible) shall be installed within a culvert as needed to prevent erosion within the structure. Approximate top of rock lining must be at the level of the existing stream bottom so as to maintain normal water level and unimpeded movement of native animal species.

(3) All bridges and/or culverts designed to carry a public or private roadway over an existing watercourse shall be designed with a minimum of 24 inches of freeboard between the 100-year floodplain elevation and the roadway surface (center-line elevation). Where existing bridges and/or culverts are being replaced, every effort shall be made to achieve this design goal with the new construction. In no instance shall the new construction lessen the existing freeboard.

P. Green infrastructure and low-impact development practices shall be the first best management practices considered when developing the stormwater management plan for any site. A description shall be provided by the applicant at the time of plan submittal, indicating why said practices were not or could not be implemented, if said practices were not incorporated into the site.

§ 260-48 Street trees.

A. Street trees shall be required along:

(1) All existing streets when they abut or lie within the proposed subdivision or land development, except where existing trees serve to meet the planting requirement.

(2) All proposed streets, whether public or private.

(3) Access driveways that serve five or more residential dwelling units.

(4) Access driveways that serve two or more nonresidential properties or uses.

(5) Major walkways through parking lots and between nonresidential buildings, as required by The Board of Commissioners, upon the recommendation of the Planning Commission.

B. Trees shall be planted no greater than 10 feet from the curbline of a public or private street, or the edge of the paved cartway in cases where no curbline is present.

C. Tree species shall be selected based on appropriate growth rates and mature heights for use under or adjacent to overhead utility lines, as indicated in Appendix A, List of Approved Plants.[1]

[1] Editor's Note: Said appendix is included as an attachment to this chapter.

D. The number of street trees required shall be at least one tree per 30 feet of public or private street frontage or fraction thereof. Trees shall be distributed along the entire frontage of the property, although they are permitted to be clustered together in tree pits or planting areas and need not be evenly spaced along the frontage, provided that such clustered trees are placed between 10 feet and 12 feet on center.

§ 260-49 Landscape and screening buffers.

Landscape and screening buffers shall be installed in subdivisions and land developments to integrate new development with its surroundings, to separate incompatible land uses by providing screening, and to minimize or eliminate views of certain site elements in compliance with the following regulations:

A. Landscape and screening buffers shall be required in the following locations:

(1) In those locations specified in Chapter 295, Zoning, of the Township Code where a landscape buffer from a residential zoning district is required.

(2) Around the entire perimeter of the following land uses and site elements, in order to mitigate their visual impacts:

(a) Site- or ground-mounted elements:

[1] Dumpsters, trash collection or disposal, recycling areas, and mechanical equipment (dumpsters shall also comply with § 260-88, Solid waste storage facilities).

[2] Service and loading docks and areas.

[3] Outdoor storage areas.

[4] Sewage treatment plants and pump stations.

[5] Utility installations, storage or holding tanks, mechanical housing for HVAC systems, electrical transformers and substations.

[6] Any other structure or fixture of similar character or impact.

(b) Roof-mounted elements. Mechanical housing for HVAC systems or other mechanical equipment located on the roof of a building.

B. Buffer area widths. The following landscape buffer area widths shall apply:

(1) Buffers pursuant to § 260-49A(1) above shall be the minimum width indicated in the respective zoning district in which the subdivision or land development is situate, as specified in Chapter 295, Zoning, of the Township Code.

(2) Buffers pursuant to § 260-49A(2)(a) above shall have the width necessary to implement a visually opaque screen composed of landscaping and a fence or wall.

(3) Buffers pursuant to § 260-49A(2)(b) above shall have the width necessary to implement at least a 50% opaque screen composed of architectural screens, louvered roof equipment screens or fences or walls, which need not include landscaping.

C. Minimum buffer plant material and site element composition requirements.

(1) Buffers pursuant to § 260-49A(1) above shall be designed and planted as specified in Chapter 295, Zoning, of the Township Code, and must satisfy the following standards:

(a) Fences and walls. A six-foot fence or wall shall be placed at the zoning district boundary line or the nearest to the boundary line as practicable.

(b) Composition. Plantings shall include a mix of both evergreen and deciduous canopy and understory trees and shrubs and may include ornamental plantings and grasses. At least 1/2 of the trees provided shall be evergreen.

(c) The buffer area shall be a continuous pervious planting area consisting of canopy trees, small understory trees, and shrubs, with grasses or ground cover. Except where a permitted shared or cross-access easement driveway intervenes, no paving or parking shall be permitted within the buffer areas.

(d) Stormwater basins are permitted in the buffer area provided that the visual screening requirements of the buffer are met.

(e) Design. Arrangement of plant materials shall have a naturalistic appearance, with larger trees arranged closer to the boundary line, as space is available.

(f) Number. The required number of plants shall be that which, taken together, have a minimum of 85% ground coverage and canopy coverage of the required buffer area, as measured by the design ground coverage and canopy coverage of all plants proposed.

(g) As the required widths of buffers pursuant to § 260-49A(1) differ according to the applicable zoning district and the size of the lot in question, buffers may take varying forms. The following figures illustrate planting schemes in compliance with the standard of this Subsection D(1) and this article, but depict different buffer width scenarios as might be found in Chapter 295, Zoning, of the Township Code. These figures are examples and are provided for illustrative purposes only.

Figure 4.6a, Prototype Section of 8-Foot Buffer

Figure 4.6b, Prototype Section for 15-Foot Buffer.

Figure 4.6c, Prototype Section for 25-Foot Buffer.

(2) Buffers pursuant to § 260-49A(2)(a) above shall include a fence or wall, as well as at least one staggered row of evergreen understory trees or shrubs, provided that 100% opaqueness is demonstrated. The buffer area shall be a continuous pervious planting area consisting of canopy trees, small understory trees, and shrubs, with grasses or ground cover. Except where a permitted shared or cross-access easement driveway intervenes, no paving or parking shall be permitted within the buffer areas. Stormwater basins are permitted in the buffer area provided that the visual screening requirements of the buffer are met.

(3) Buffers pursuant to § 260-49A(2)(b) above shall be composed of architectural screens, louvered roof equipment screens or fences or walls, need not be composed of vegetation, and are permitted to be greater than six feet in height but no greater in height than the housing or equipment which it is screening. A minimum of 50% opaqueness must be demonstrated.

D. Alternative compliance requirements.

(1) Existing topographic conditions, such as embankments or berms, in conjunction with existing vegetation, may be substituted for part or all of the required buffers at the discretion of the Board of Commissioners. The minimum visual effect shall equal or exceed that of the required buffer.

(2) Constructed berms or other architectural elements such as walls or fencing may be permitted to augment part of the landscape buffering requirements, provided that all berms are landscaped with trees and mulched to the satisfaction of the Board of Commissioners.

(3) Existing vegetation in areas proposed to be buffers may be used or credited toward the landscaping buffer requirements, provided it is validated that the existing vegetation is noninvasive, healthy, and otherwise satisfies the preservation requirements of § 260-34 above.

E. Design standards for fences or walls used in buffers.

(1) Fences or walls used in a required buffer shall satisfy the following standards:

(a) Fences shall be solid or opaque, and shall be constructed of wood, material designed to appear as wood, or decorative metal. Chain-link fencing with slats shall not qualify as solid or opaque. Fences shall otherwise conform to all other applicable standards in the Chapter 295, Zoning, of the Township Code.

(b) If a stockade fence is used, the finished side shall face out to adjacent properties or the right-of-way.

(c) Walls shall be constructed of masonry or brick, but shall not include unpainted cinder block.

(d) Walls and fences shall be no higher than six feet.

§ 260-50 Parking greening and landscaping standards.

A. Intent. The intent of this section is as follows:

(1) Promote and induce well-designed and sustainable parking lot design and retrofit designs which produce environmental benefits.

(2) Incorporate appropriate native plants into the suburban environment to promote greater landscape resiliency and to enhance natural environments of the township.

(3) Integrate stormwater management and landscape design by the use of plants to promote compliance with state water quality mandates and the Township's Stormwater Management Ordinance through detention, treatment, infiltration and groundwater recharge of rainwater.

(4) Shade paved surfaces to mitigate the urban heat island effect by planting large canopy trees with effective green space and using paving surfaces which minimize heat absorption.

(5) Improve the performance of existing parking lots in an equitable manner when a redevelopment or retrofit is proposed.

(6) Provide effective landscape buffers for visual screening and noise abatement of vehicular uses and parking, while enhancing the wildlife habitat provided by trees and the natural landscape.

B. Applicability. Unless otherwise expressly stated, the interior landscape and buffer requirements of this section shall apply to any of the following:

(1) The construction or installation of new vehicular use areas;

(2) The expansion of existing vehicular use areas, if such repair, rehabilitation or expansion would increase the area of the vehicular use area by more than 20% or by 10 spaces, whichever is greater;

(3) The existing vehicular use areas which are accessory to an existing principal building, when such building or any portion thereof is expanded or enlarged, provided that the gross floor area/building footprint/area is increased by at least one of the following amounts:

(a) 25% of the existing building footprint;

(b) Eight thousand square feet of new floor area/building footprint/building area; or

(4) The excavation, rehabilitation or in-place reconstruction of existing vehicular use areas if such work involves the full-depth pavement removal of:

(a) 25% or more of a vehicular use area of over 10,000 square feet;

(b) 50% or more of a vehicular use area of no greater than 10,000 square feet.

C. Interior landscaping area standards. The following landscaping requirements are intended to promote shading and healthy vigorous growth of larger shade trees, shrubs, and ground covers, as well as to create generous physical space to accommodate rain gardens, or depressed absorbent areas for stormwater infiltration and detention within the parking lot. The internal parking lot landscaping shall be provided according to the following standards:

(1) Minimum interior landscaping area requirements. The minimum required interior landscaping area of parking areas shall be a percentage of the total vehicle use area (VUA) on a lot, as indicated in the graduated requirements of Figure 4.7 below. By way of example only, and not limitation, a proposed VUA of 20,000 square feet requires a minimum interior landscaping area equivalent to 8% of the VUA, which is 1,600 square feet.

(2) Interior landscaping areas shall be composed of planting islands and planting strips, within which are planting areas. The sum of the surface areas which are pervious and composed of planting soil with the required depth and composition as required in this chapter shall constitute the interior landscaping area.

(3) The minimum ground coverage and canopy coverage of planting material, as determined by the design canopy/ground coverage of the plant species proposed, shall be 85% of the designated interior landscaping area.

(4) The applicant shall provide the number and locations of planting areas, planting islands and planting strips, to satisfy the requirements of § 260-50C(1) to C(2) above.

(5) The applicant shall also propose the number and species of plant materials to satisfy the requirements of § 260-50C(3) above, provided that a minimum of one shade or canopy tree is provided in a planting island or planting strip for each 300 square feet of interior landscape areas provided or fraction thereof. Such shade or canopy trees shall be distributed throughout the parking lot to ensure well-distributed canopy coverage of the vehicular use areas.

Figure 4.7, Interior Landscaping Requirements as Percentage of Vehicular Use Area
Vehicular Use Area (VUA) (square feet)	% of VUA required as interior landscaping area
0 to 4,999	-0-
5,000 to 14,999	6%
15,000 to 49,999	8%
50,000 to 99,999	10%
100,000 to 149,999	13%
> 150,000	15%

(6) Parking lots with VUAs less than 5,000 square feet are exempt from interior landscape area requirements. However, the perimeter landscape and buffer landscape requirements of Subsections E and F shall apply. If additional spaces or areas are added at a later date so that the lot is greater than 5,000 square feet, then the percentage of interior planting area required shall be calculated for all vehicular use areas on the site. Plantings shall be distributed throughout the entire interior where applicable in parking lot additions.

D. Perimeter landscape buffer requirements. For vehicular use areas of any size which are located in the side or rear yard of a property, or otherwise abut an adjacent property where no right-of-way intervenes, a fifteen-foot landscape buffer satisfying the requirements of § 260-49C(1)(b) through (d) above shall be provided. If any of the proposed land uses or site elements of the property are already subject to a buffer requirement as per § 260-49 or of Chapter 295, Zoning, of the Township, the greater planting requirement shall apply.

E. Street and sidewalk buffer requirements. For vehicular use areas of any size abutting a public or private street or sidewalk right-of-way, the applicant shall provide one of the following buffer options along the entire frontage of the vehicular use area:

(1) A ten-foot landscape buffer satisfying the requirements of § 260-49C(1)(b) through (d) above; or

(2) A wall or fence, no greater than three feet in height, comprised of masonry or decorative metal or a combination thereof, but no unfinished cinder block, along with one tree per 25 feet of buffer length and three shrubs for every 25 feet of buffer length.

F. Parking landscaping design standards. The following standards shall apply to all planting areas, planting and tree islands, planting strips, and nonvehicular paved areas provided to satisfy the requirements of this section.

(1) Any contiguous paved and curbed area greater than 50 square feet raised above and separated from the vehicular use area shall be provided with a planting area, which shall meet the requirements of § 260-50F(2) below.

(2) Planting areas.

(a) When planting areas are provided within interior parking lot landscaping, including planting strips or planting islands, they shall have curbs, wheel stops or bollards for protection to prevent erosion or automobile damage.

(b) To the greatest extent feasible, rainwater should be directed to the planting areas with curb cuts or inlets.

(c) Minimum required planting soil depth: 30 inches.

(d) Minimum required soil volume. For each proposed shade or canopy tree proposed within a planting area the minimum soil volume required in § 260-88C shall be provided.

(e) Planting soil composition. Planting soils shall be a loam soil capable of supporting a healthy vegetative cover, which are amended with a composted organic material, such as mushroom compost or leaf mulch, resulting in an organic amended soil containing 20% to 30% organic material (compost), and 70% to 80% topsoil screened of rocks, sod and debris. Planting soil shall be at least four inches deeper than the lowest elevation of the largest root ball. A soil improvement detail and notes, including the removal of all construction debris and existing compacted soil and the proposed soil improvement mix, should be provided with the landscape plan.

(f) Structural soil composition. Structural soil shall be a mix of 80% AASHTO No. 57 stone and 20% loam soils. Such soil may be used to supplement planting soil volume, provided it satisfies all of the following conditions:

[1] Structural soils shall be entirely below pavement areas.

[2] Structural soils shall not be exposed at the surface directly above.

[3] Structural soils are located adjacent to planting soils.

(g) At least 25% but no more than 50% of the plant materials shall be evergreen.

(3) Planting islands.

(a) Planting islands shall be placed so as to provide safe movement of traffic without interference with proper surface water drainage.

(b) All parking rows must be terminated by a parking lot island or landscape areas, provided that, in such cases when accessible parking and gore areas are provided at the end of row, planting islands shall be accommodated elsewhere along the row in close proximity to the row end.

(c) Minimum required planting area: 324 square feet. Parking lots containing only single-loaded parking aisles (parking spaces on only one side of a drive aisle) are permitted planting areas of no less than 162 square feet.

(d) Minimum width of planting island: nine feet, measured from face of curb to face of curb.

(e) Notwithstanding the presence of proposed trees, planting islands require a minimum of 85% ground coverage of low-growing shrubs, grasses and/or ground cover plants, as determined by the design ground coverage of the plant species proposed.

(f) Plants shall be selected or pruned to limit the height of vegetation to two feet at the ends of a planting island at which vehicles turn corners, in order to preserve sight distance. Trees may be planted in these areas, provided that branches are limbed up to preserve sight distance.

(4) Planting strips.

(a) Minimum planting strip width: nine feet.

(b) For large parking lots with at least 100 spaces, planting strips are required.

§ 260-51 New and existing streets design standards.

A. All new streets and additions to existing streets shall:

(1) Be offered for dedication to the Township. The Township may accept or refuse dedication of any street.

(2) Conform to the transportation element of the Cheltenham Comprehensive Plan and county or state highway plans, and be designed to conform to the existing street system.

(3) Provide appropriate access between abutting tracts of land for immediate or future use.

(4) Create a road hierarchy among interior subdivision and land development streets and exterior streets to insure proper through-traffic flow, local access, and internal traffic distribution and flow.

(5) Conform to existing topography to assure reasonable grades, alignment and drainage, appropriate access to lots, and to minimize regrading and removal of vegetation.

(6) Be designed to continue existing streets at equal or greater right-of-way and cartway width, as well as aligned with and connected to existing streets, where applicable, as recommended by the Township Engineer and Planning Commission.

(7) Include curbs and sidewalks installed along all existing and proposed public and private streets and common parking areas except when this requirement is waived at the discretion of the Board of Commissioners upon recommendation of the Township Planning Commission and Engineer.

(8) Shall conform to the design standards for streets and highways of the Pennsylvania Department of Transportation, Design Manual, Part 2, Highway Design, as amended from time to time, regardless of whether the street or highway is a state, county or municipal street or highway.

B. Street names shall be assigned in accordance with § 260-86, Street names.

§ 260-52 Private streets.

A. Whenever an applicant proposes to establish a street which is not offered for dedication of public use or when dedication is not accepted, the Board of Commissioners shall require the applicant to submit, and also to record with the plan, a copy of the agreement made with the Township addressing the ownership, access rights, and maintenance responsibilities for that street. Such streets shall be constructed in conformance with the Township engineering standards for public streets. Maintenance responsibility shall be outlined and defined by the applicant and reviewed by the Township prior to final approval. When, in the determination of the Board of Commissioners, it becomes necessary for the Township to assume responsibility for a private street in order to maintain the health, safety, and welfare of the residents of the Township, the Township may do so and assess the property owner(s) or abutting owners who use the street for any improvements necessary to restore the street to conformance with Township specifications.

B. Residential private streets. Private streets may be permitted by the Board of Commissioners to provide access to land which abuts its right-of-way. Private streets shall comply with the following:

(1) The minimum right-of-way or equivalent right-of-way shall be 50 feet.

(2) Minimum paved cartway width shall be 20 feet.

(3) Streets shall be built in accordance with the construction and engineering standards in Article VI of this chapter.

(4) An irrevocable right-of-access shall be guaranteed to all properties whose access depends upon the private street, by means of legal agreement or covenants, subject to approval by the Board of Commissioners as advised by the Township Solicitor.

(5) The legal access agreements and/or covenants shall be:

(a) Clearly noted on the subdivision or land development plans for all properties using private streets for access.

(b) Included in the deeds for all properties having these access rights.

(c) Recorded in the Montgomery County Office of the Recorder of Deeds.

(d) Clear and specific with regard to property owner's rights to further subdivision or land development, especially in regard to the need to receive approval from the private street owner and/or waiver from the requirement of this chapter.

(6) The private street may be owned by one or more of the property owners who have right-of-access or may be jointly owned by an association of these property owners.

(7) When several properties use a private street, maintenance shall be guaranteed by the formation and administration of an association or other legally binding organization of all land owners with access rights.

(a) Documents governing such associations shall be subject to approval of the Board of Commissioners upon the advice of the Township Solicitor, shall be filed with the Township, and shall be recorded with the deed for each property with access rights.

(b) All property owners in such an association or other type of organization shall have a share in the rights and bear a share of the costs and other burdens of maintenance, as specified in the access agreements and/or covenants. This share shall also apply to the assessed costs for upgrading to public street standards, in accordance with the construction and engineering standards in Article VI of this chapter.

(c) If one or more property owners in the association or other type of organization believe that the street is not being properly maintained and cannot succeed in having the association or other type of organization authorize or conduct proper remedies, then that/those property owner(s) may request the Township to authorize an inspection of the street by the Township Engineer. The cost of the inspection shall be paid by those property owners requesting the inspection. If the Township Engineer determines that the street is not being properly maintained, the Township may take corrective actions against the entity maintaining the road.

(8) The Board of Commissioners reserves the right to order the private street to be upgraded to meet all of the standards and requirements for a public street, if, at any time it deems the road to be a health or safety hazard for reasons of improper or inadequate maintenance.

(a) The full costs of upgrading the street, including engineering, legal and related costs, shall be assessed against the owner of the road. The share of the assessment to be determined by the association's legal access agreements and/or covenants recorded for the private street.

(b) Prior to such action by the Board of Commissioners, the landowners with access rights shall be notified, in writing, by certified mail, of the pending action. The landowners will have 30 days from the date of such notice to propose an alternative solution acceptable to the Board of Commissioners.

(9) Additional provisions.

(a) Any vehicular access way which provides the primary access to more than three lots or housing units, but is not offered for dedication as a public street, shall be considered a private street subject to these requirements.

(b) Not more than 10 dwelling units may be served by a private street which has access to a public street (private dead-end or cul-de-sac street) if the street is not owned and managed by a homeowners' association or owner of the entire property.

(c) Emergency access to a private street which has only one public street access may be required.

(d) For private cul-de-sac streets, a suitable turnaround shall be provided, subject to the approval of the Township Engineer. A forty-foot radius paved bulb turnaround is preferred, but other configurations may be used if acceptable to the Township Engineer.

(10) Further subdivision or land development of any lot depending upon a private road for vehicular access where properties and streets are under multiple ownership or not subject to a homeowners' association is prohibited if it would exceed the number of lots permitted, maximum length of a cul-de-sac, or any other applicable requirements contained in this chapter. If an applicant requests such further subdivision, the following standards shall apply:

(a) The street must be upgraded to meet all the standards and requirements for public street construction and must be offered for dedication to the Township; or

(b) Further subdivision may be permitted and the street may remain private, if the Board of Commissioners approves the waiver of necessary design standards.

(c) The applicant shall apply, in writing, to the Board of Commissioners for approval to upgrade the street or to be granted appropriate waivers.

(d) Application to the Board of Commissioners shall include written approval from the association or organization which controls the street for the applicant to seek Township approval for upgrading or waivers.

(e) Upgrade of the street or waivers should not be approved by the Board of Commissioners unless approval is first received from the association or other organization which controls the street.

(f) The costs of upgrading a private street to public street standards including the dedication and/or costs involved in granting waivers shall be borne by the association of individual property owners in accordance with the association's legal access agreements and/or covenants.

(11) An individual private driveway may be legally reclassified and physically upgraded and improved to become a private street upon approval of the Board of Commissioners.

(a) A right-of-way shall be established to contain the private street in compliance with the requirements herein.

(b) The private driveway shall be physically improved to comply with private street construction and paving width standards, as well as applicable dimension standards.

(c) Maintenance shall be guaranteed as established for private street in this chapter.

(d) Upgrading of existing individual driveways to private street status is encouraged where it would take the place of several individually owned and maintained access strips.

(12) Parking shall not be permitted within the minimum eighteen-foot-wide cartway of a private street, but may be permitted outside the cartway in a manner that does not interfere with the free movement of emergency vehicles along the private street.

(a) The legal access agreements and/or covenants shall guarantee free unobstructed access throughout the minimum eighteen-foot-wide cartway. If violations occur, attempts should be made to resolve the problems within the structure of the association or organization which controls the street. Under situations of repeated and/or flagrant violations, individual property owners may request police enforcement of free and unobstructed access.

(b) If there is a continuing access problem caused by improper parking, The Board of Commissioners shall notify the owner of the private street or homeowners association, in writing, that the problem must be corrected by some means satisfactory to the Township Engineer or Solicitor, depending upon whether the solution is a physical or legal remedy.

(c) If, after written notification, the owner or association or organization which controls the road fails to correct the parking problem, the Board of Commissioners may order the upgrading of the private street to public street standards as specified herein. The owner or association or organization which controls the road shall have 30 days from the date of written notification to propose a solution to the parking problem.

(13) In considering applications for waivers of private street standards, the Board of Commissioners shall consider the following:

(a) Number of lots and/or dwelling units in excess of the permitted maximum.

(b) Whether or not more lots could be proposed along the private street, in conformance with the applicable zoning, in addition to those proposed in conjunction with the waiver application. For example, one additional unit may be acceptable in itself, but may not be acceptable if a potential would exist for five more lots.

[1] The Board of Commissioners may require the applicant to submit a sketch plan and/or information showing the approximate maximum number of lots and/or dwelling units which could be created under the applicable zoning requirements, on all lands serviced by the private street.

[2] When conditions are considered favorable for limited additional subdivision under the private street access, the Board of Commissioners may request deed restrictions against further subdivision as a condition of final approval of the subdivision.

(c) Ability of a private street to be served by an emergency access as a condition of granting a waiver.

(d) Characteristics of properties, neighborhood and private street(s) involved:

[1] Configuration of the properties.

[2] Lot sizes and development characteristics, with particular regard to avoiding congested appearance and functioning.

[3] Topography, including vegetation and other environmental characteristics.

[4] Character of land and development surrounding the properties in question, including their development status and potential development.

(e) Whether or not requiring a public street would have an appreciable benefit to the properties and/or the Township in terms of access and traffic circulation.

(f) The economic impact of permitting the waiver compared to requiring a public street.

C. Nonresidential private streets. Private streets may be permitted by the Board of Commissioners to provide access to various nonresidential developments or lots.

§ 260-53 Street classifications.

Every street, road, or highway within the Township shall be classified by its function and shall be subject to the requirements for its classification as contained in this article. These classifications are based on the Cheltenham Township Comprehensive Plan, which incorporates standards established by the American Association of State Highway and Transportation Officials (AASHTO), and used by PennDOT. Street classifications are intended to provide appropriate standards for each road, as well as to coordinate street functions and improvements among neighboring municipalities, the region, and the state. Streets shall be designed and built according to Figure 4.8, Road Design Standards, below, according to the following road classification as indicated and defined in the Cheltenham Comprehensive Plan. Subsections A through C below provide general descriptions of each road type; however, it is understood that existing roads in the Township may be atypical of their designated classification, and the Township may consider waivers from standards of Figure 4.8 below when they would be unreasonable or cause undue hardship or where an alternative standard can be demonstrated to provide equal or better adherence to Township planning objectives.

A. Arterials. Arterial roads provide a high degree of mobility in order to better serve trips of longer length. They are further classified as follows:

(1) Principal arterials. Principal arterials generally provide between two and four lanes of travel depending upon traffic volume and land use density.

(2) Minor arterials. Minor arterials interconnect with and augment principal arterials. They are generally spaced at intervals consistent with population density and carry traffic within or between municipalities.

B. Major collectors. Major collector roads provide a mix of accessibility and mobility. They typically serve trips of up to four miles in length and channel or distribute traffic to or from a road of a higher classification. Major collectors may accommodate trips within and between neighboring municipalities.

C. Local roads. Local roads and streets are all other roads in the Township and have relatively short trip lengths, generally not exceeding one mile. Because property access is their main function, there is little need for mobility and high operating speeds. This function is reflected by use of lower posted speed. Local roads are further classified as follows:

(1) Local residential streets. New streets or extensions of existing streets in residential developments function primarily to provide vehicular access and street frontage for each lot. Parking on both sides will be assumed on residential streets unless the development otherwise provides significant off street public parking which is convenient to all the proposed houses.

(2) Local nonresidential access streets. These streets shall function primarily to provide vehicular access and street frontage for industrial, office, institutional and commercial lots and land uses.

(3) Alleys. Alleys are small service roads which provide a secondary access to lots and buildings where full-width streets provide primary street frontage. They are not permitted to be more than 800 feet in length and shall have a paved cartway of 12 feet with a two-foot clear stabilized grass or gravel shoulder area.

Figure 4.8, Road Design Standards
Function- al Classific- ation	Ultimate Right-of-Way1 (feet)	Number of Lanes2	Travel Lane Width3 (feet)	Left Turn Width (feet)	Paved Shoulder Width4 (feet)	Parking Lane Width5 (feet)	Bicycle Lane Width6 (feet)	Verge Area7
								Grass Strip	Sidewalk/Pathways8
ARTERIALS								Provided in compli- ance with § 260-40, Sidewalks and verges	Provided in compli- ance with § 260-40, Sidewalks and verges
Principal	80 to 100	4 to 6	12	11 to 12	8 to 10	8 to 10	5 to 6
Minor	80 to 100	2 to 5	11	11 to 12	8 to 10	8 to 10	5 to 6
COLLECTORS
Major	60 to 80	2 to 3	10	10 to 12	6 to 10	8	5 to 6
LOCAL ROADS	50	[Total cartway width 26 feet to 30 feet]9

NOTES:
1)	Right-of-way: The right-of-way may be adjusted to accommodate highly urbanized and laterally restricted areas as well as unrestricted areas.
2)	Number of lanes: The number of lanes vary in order to accommodate the traffic volume, turning movements, and land capacity demand for selected level of service. This number does not include right-turn lanes where needed.
3)	Range of lane width: Lane width is based upon minimum and desirable standards as well as other conditions such as being adjacent to a curb or the anticipation of heavy truck traffic.
4)	Shoulder: Shall be provided when required by the Township. Shoulder width is based upon minimum and desirable standards as well as other conditions such as highly urbanized and laterally restricted areas, or the anticipation of heavy truck traffic. Wide shoulders may function as bike lanes.
5)	Parking lane: Parking lane width is based upon minimum and desirable standards as well as other conditions such as lot size, intensity of development, or potential for use as a traffic lane where required by future demand. For principal arterials, parking lanes are only recommended in highly developed areas.
6)	Bicycle lane: Shall be provided when required by the Township. A portion of a roadway that has been designated by striping, signing, or pavement markings for the preferential or exclusive use of bicyclists. Width specifications must be in accordance with FHWA/AASHTO standards. Refer also to § 260-43, Bicycle routes and lanes. Wide shoulders may function as bike lanes.
7)	Verge area: The presence of curbing, grass planter strips and sidewalks will depend upon adjacent land uses and site conditions, according to § 260-40, Sidewalks and verges.
8)	Sidewalks/pathway: Sidewalk width is based upon minimum desirable standards for use along each particular roadway, according to § 260-40, Sidewalks and verges
9)	Cartway Width: For local roads, the total cartway width generally includes travel lanes, parking lanes, and/or shoulders.

§ 260-54 Street alignment.

Sight distance, horizontal, and vertical curvature, super-elevation, and maximum and minimum street grades shall be determined by the Township Engineer in compliance with the standards contained in A Policy on Geometric Design of Highways and Streets, published by the American Association of State Highway Transportation Officials (AASHTO), most recent edition, or PennDOT standards, whichever is more suitable to site conditions. In addition, the following standards and guidelines shall be complied with:

A. Minimum horizontal and vertical curvature for all local access streets shall conform with the standards in Figure 4.9, Street Alignment and Intersection Standards.

B. Long radius, gentle curves shall be used rather than shorter radius curves connected by tangents particularly where truck traffic is anticipated.

C. Curve-tangent relationships shall follow accepted engineering guidelines for safety and efficiency. For example, minimum radius curves shall not be used at the ends of long tangents.

D. Street grades shall be measured along the center line in accordance with the following:

(1) Minimum grade for all streets shall be 1%.

(2) Maximum grades for arterials and collectors shall be 5% and for residential streets shall be 10%.

(3) Curve-grade combinations shall follow accepted engineering guidelines for safety and efficiency. For example, minimum-radius horizontal curves will not be permitted in combination with maximum grades.

(4) At all approaches to intersections, street grades shall not exceed 4% for a minimum distance of 50 feet from the intersection of curblines or the edges of cartways.

§ 260-55 Street intersection design.

All street intersections shall be governed by the standards of this section and the appropriate PennDOT or AASHTO standards.

A. Number of streets. Not more than two streets shall intersect at the same point.

Figure 4.9, Street Alignment and Intersection Standards
Functional Classification	Intersection Spacing	Clear Sight triangle	Corner Curb Radius	Vertical Curve Length		Horizontal Curve Radius (Center Line)
				Crest 3%/5%/7%	Sag 3%/5%/7%
Principal arterial	400	125	30	N/A	N/A	N/A
Minor arterial	400	125	25	N/A	N/A	N/A
Major collector	300	100	20	130/220/310	190/320/450	565
Local, residential	125	75	15	90/145/205	145/245/345	420
Local, nonresidential	125	75	20	90/145/205	145/245/345	420

B. Angle of intersections.

(1) All intersection approaches shall be designed at 90° angles for a minimum of 50 feet from the edge of the cartway.

(2) Where angled intersections are used they should be no less than 65° and designed so that the heavier traffic flow will make the obliquely angled turn rather than the acutely angled turn.

C. Improvements to existing intersections. When existing streets intersect at odd angles or have more than four approaches, the applicant shall improve the intersection, to bring it into compliance with this chapter, as required by the Board of Commissioners, based upon advice of the Township Engineer and Planning Commission and other technical advisors or agencies, as appropriate. For state and county highways, improvements shall comply with the requirements of the appropriate agency having jurisdiction over the road.

D. Radii of pavement and right-of-way at intersections. Street intersections shall be rounded with tangential arcs at pavement edge (curbline) and right-of-way lines as indicated in Figure 4.9, Street Alignment and Intersection Standards.

E. All radii specified herein must be increased if large trucks, fire trucks, or other emergency vehicles would have difficulty with ingress or egress as determined by the Township Fire Marshal.

F. Waiver of improvements. The Board of Commissioners may waive the above requirements for improvements to intersections under one or more of the following conditions:

(1) When it is demonstrated, through a transportation impact study, that the level of service of an intersection is not reduced due to the proposed improvements or change of use of an applicant's site.

(2) When other road improvements are already planned which would correct the problem without changes required of the applicant.

(3) When not required by PennDOT where the intersections are under their jurisdiction.

G. Single-access street intersections.

(1) Single access streets shall be established beginning at a three-way intersection perpendicular to a through street.

(2) Four-way intersections may be created using two permanent single access streets intersecting directly opposite one another along a through street, when the through street is a local street.

H. All intersections shall provide clear sight distance in compliance with AASHTO and PennDOT standards.

I. Street intersection spacing shall be in compliance with the regulations contained in this section, measured from center line to center line.

(1) The applicant shall prepare a vehicular access analysis, for all street intersections proposed along arterial and collector streets.

(2) The spacings listed in Figure 4.9, Street Alignment and Intersection Standards, shall be considered minimum spacing. Where greater spacing is required in compliance with AASHTO or PennDOT standards, the greater spacing distances shall be applied, as determined by the Township Engineer.

(3) Offset intersections. In any case where the center lines of street intersections are, or would be, within 150 feet of each other, they shall be made to coincide by relocating the street within the applicant's land, unless additional problems of sight distance or other safety-related problems would be created. As an alternative, relocation further away from the offset intersection may be done in compliance with the intersection spacing requirements contained herein, when approved by the Board of Commissioners.

§ 260-56 Single-access street standards.

Any street which is served by only one intersection with a through street shall be considered a single-access street, regardless of the street's configuration within the proposed subdivision or land development.

A. Single-access streets shall be classified as one of the following:

(1) Single-access loop streets.

(2) Cul-de-sac street.

(3) Stub streets.

B. Single-access loop streets shall be subject to the requirements for their street classification and the following additional requirements:

(1) Shall not serve more than 300 average daily trips.

(2) In addition to required sidewalks, shall be served by an appropriately located pedestrian access when required by the Board of Commissioners to connect surrounding neighborhoods and pedestrian destinations.

C. Cul-de-sac streets.

(1) Shall be permanently closed to vehicular traffic at one end.

(2) Shall be identified by a standard warning sign stating "No Outlet" when deemed appropriate by the Board of Commissioners to help avoid mistaken turning movements.

(3) Shall not be permitted when a through street is possible for the tract under consideration. All cul-de-sac streets must be approved by the Board of Commissioners, with the Township reserving the right to reject any and all cul-de-sac streets proposed. The following shall be used to determine the necessity of the cul-de-sac:

(a) Adverse topography such as steep slopes, floodplain, streams, etc.

(b) The shape of the tract does not lend itself to a through street.

(c) The distance to the nearest street with which to intersect is greater than 300 feet from a proposed cul-de-sac.

(4) Shall be a minimum 250 feet but not exceed 800 feet in length. Measurement of the length shall be made from the center line of the abutting through road or point of intersection with another cul-de-sac to the center line of the turnaround, measured along the cul-de-sac street's center line.

(5) Shall be provided with a vehicular turnaround at the closed end with a right-of-way radius of at least 60 feet and a paved radius of at least 50 feet. Alternative vehicular turnaround designs are encouraged to improve traffic flow and overall design of the subdivision. If an offset bulb turnaround is used, the bulb should be configured to the left of the approaching road center line. In addition, parking may be prohibited on the cul-de-sac by order of the Fire Marshal.

(6) A permanent easement for snow removal shall be required at cul-de-sac bulb. The easement shall have a minimum length along the right-of-way line of 40 feet and a depth of 15 feet. When curbing is required, a curb depression shall also be placed in this easement area. No shrubbery, fence, mailbox, or any other obstruction shall be placed within the easement to hinder the placement of the snow.

(7) Shall not extend from a single-access loop street.

(8) Existing temporary cul-de sac streets, stub streets, and rights-of-way located on adjacent parcels, whether improved or not, shall be used by the applicant to connect with their proposed roadway system. It shall be the responsibility of the applicant to complete all roadway improvements at their expense within the existing rights-of-way of adjacent parcels.

(9) Shall be served by an appropriately located and constructed emergency access way when required by the Board of Commissioners using the following standards:

(a) Minimum cartway width shall be 12 feet.

(b) Pavement method (whether through grass pavers or other method) shall satisfy the standards of the Township Engineer.

(c) Emergency access ways shall be maintained through properly recorded easements or deed restrictions which at a minimum prohibit the planting of any vegetation except grass within the access way.

(d) May be made available for pedestrian access.

(10) Landscaped cul-de-sac islands are encouraged for private streets, but shall not be accepted for dedication by the Township. Landscaped cul-de-sac islands shall conform to the following standards:

(a) Shall be located within the bulb of a cul-de-sac and be concave for use as part of the stormwater management infrastructure. Efforts should be made to retain the existing vegetation on the site within these islands.

(b) Shall have a maximum radius of 12 feet and be surrounded by paving on all sides.

(c) Shall be designed to allow for emergency vehicle access into the cul-de-sac.

(d) In the event that right-of-way grading will not permit the retention of existing vegetation in a cul-de-sac, the landscaping proposed for the island shall be of low-maintenance varieties as approved by the Board of Commissioners. The landscaping plan shall specifically describe the maintenance required for any landscaping proposed on the landscape island.

D. Stub streets or temporary culs-de-sac.

(1) Shall be provided in appropriate locations for vehicular access to abutting undeveloped lands when required by the Board of Commissioners, upon advice of the Township Planning Commission and Engineer.

(a) The length shall be designed in accordance with cul-de-sac street standards.

(b) The width and other road improvements of temporary stub streets or temporary culs-de-sac shall generally conform with the future functional classification of the roadway once it is fully connected.

(2) Shall be provided with a vehicular turnaround that meets cul-de-sac standards.

(3) Shall be constructed to the property line in accordance with the standards of this chapter applicable to the classification of streets it will be upon extension.

§ 260-57 Driveway access.

A. The term "driveway" as used here refers to every entrance or exit used by vehicular traffic to or from properties abutting a Township, county, or state road. The term includes proposed private streets, lanes, alleys, courts, and other ways.

B. Driveways with the following characteristics will be reviewed in the manner prescribed below:

(1) When any residential dwelling driveways will access an existing arterial or collector street.

(2) For all nonresidential proposals which require a new driveway or upgrading of an existing driveway.

(3) For all proposals where driveways would generate 25 or more vehicular trips per day, based on ITE trip generation standards.

C. Following evaluation by the Township, the applicant may submit plans to the state, county, or Township for formal review and, as appropriate, approval and issuance of permits.

D. No driveway location, classification, or design shall be considered finally approved by the Township unless highway occupancy or access permits have been granted by the state, county, and/or Township and preliminary plan approval has been granted by the Board of Commissioners for the subdivision and/or land development which the driveway(s) will serve.

E. Driveway intersections with streets:

(1) Shall provide adequate sight distance in compliance with the standards established by PennDOT.

(2) Shall not cause or contribute to:

(a) Hazards to the free movement of normal street traffic, traffic congestion on the street.

(b) Interference with the design, maintenance, and/or drainage of the street.

(3) Shall be designed and constructed in compliance with Title 67, Chapter 441, of the Pennsylvania Code unless Township standards are more restrictive.

F. In order to facilitate safe and efficient access between streets and driveways, the number of driveways permitted to serve individual nonresidential parcels of land shall be kept to the minimum needed to adequately serve the parcel in question. Shared access between adjoining lots should be considered first.

(1) Properties with frontages of 100 feet or less may be permitted no more than one driveway intersection with a street. Exceptions may be made when adjacent property owners share parking or when the need is determined in a transportation impact study prepared by a qualified traffic engineer.

(2) Not more than two driveway intersections with the same street may be permitted for any parcel of land unless anticipated traffic volumes warrant more than two, and then only when supported by a traffic study prepared by a qualified engineer warrants more than two driveway intersections.

G. Driveway intersections serving individual parcels of land may be prohibited by the Board of Commissioners where such intersections would create congestion, interference, and/or hazards to traffic flow and safety by reason of street grades, land forms, vegetation, frequency of driveway intersections, limited sight distances, and/or high-speed traffic flow. In such cases, the Board of Commissioners may permit reasonable alternative forms of vehicular access to the parcel of land by means of:

(1) Marginal access streets or driveways.

(2) Reverse frontage lotting.

(3) Other means which are legally and technically suitable in the opinions of the Township Solicitor and Engineer.

H. Where driveway intersections are prohibited by the Board of Commissioners and alternative forms of vehicular access would cause an undue burden upon an applicant, the Board of Commissioners may permit an alternative interim access solution in compliance with the following:

(1) It is the safest feasible alternative, acceptable to the Township Engineer and/or PennDOT.

(2) Suitable provisions are made for a preferable permanent access solution, consistent with Subsection G, including legal agreements to enable implementation of the permanent solution.

I. Distance from street intersections. Driveways shall be located as far from street intersections as is reasonably possible, but is not permitted to be less than 75 feet from the point of intersection between two street center lines.

J. Choice of streets. When a lot adjoins streets of different classes, the driveway shall provide access to the street of lesser classification unless this requirement is waived by the Board of Commissioners for reasons of sight distance, incompatibility of traffic, grading, drainage, or other major reasons.

K. Sight distance determinations. Determination of sight distances at intersections of new driveways and streets with existing Township roads shall be in accordance with the following provisions:

(1) Access driveways shall be located at a point within the property frontage limits which provides at least the minimum safe stopping sight distance (SSSD), as determined by PennDOT standards and Pa. Code standards.

(2) The calculated minimum SSSD shall be measured from a point 10 feet back of the pavement edge and 3.5 feet above the road surface.

(3) If the minimum required SSSD cannot be achieved, the Township may exercise one or more of the following options:

(a) Prohibit left turns by exiting vehicles.

(b) Restrict turning movements to right turns in and out of a driveway.

(c) Require installation of a right turn acceleration lane or deceleration lane.

(d) Require installation of a separate left turn standby lane.

(e) Alter the horizontal or vertical geometry of the roadway.

(f) Deny access to the road.

L. Driveway materials. All driveways construction materials, including those parts of driveways used as parking, shall only consist of concrete, pervious concrete, asphalt, or pavers, and not of gravel or grass.

§ 260-58 Bridges and culverts.

A. Bridges and culverts shall be designed to meet current AASHTO, PennDOT, PA DEP, and all other applicable agencies. Standards to support expected loads and to pass design stormwater flows. They shall be constructed to the full width of the planned cartway. Allowance for safe pedestrian crossing must also be made.

B. Where county-owned roads or bridges are involved, the County Roads and Bridges Division must review and approve all proposals.

C. It is unlawful to construct any bridge, culvert, or other water obstruction, or to make any change in or addition to, any existing water obstruction, or in any manner change or diminish the course, current, or cross-section of any stream or body of water, without first having made written application to and obtained a permit or consent in writing from PA DEP and, when applicable, the Army Corps of Engineers.

D. The following information is required when a bridge is to be constructed:

(1) Drawings to include:

(a) Site plan with existing topography, at a scale no smaller than one inch to 50 feet;

(b) Cross-section of present bridge if one exists;

(c) Profile of stream for a reasonable distance above and below bridge site, showing slopes of bed, normal water surface and the 100-year, 200-year, and 500-year storm elevations;

(2) The total drainage area above the bridge site;

(3) Description of watershed;

(4) Length of stream from source to bridge site and to the mouth;

(5) Character of streambed and banks;

(6) Extent and depth of overflow during floods;

(7) Effect of previous floods upon bridges, their span and clearance;

(8) Whether bridge will be within backwater influence of the stream.

E. A complete set of structural computations and drawings shall be submitted with plans involving construction of bridges and culverts signed and sealed by a Pennsylvania-licensed civil or structural engineer.

§ 260-59 Parking and related internal driveways.

Parking and related internal driveways shall be governed by the following regulations.

A. General.

(1) The specific purposes to be served by these requirements are:

(a) To add visual character and improve the appearance of parking areas by reducing their massiveness into smaller units.

(b) To integrate parking areas into the pedestrian circulation system.

(c) To provide shade for parked cars and reduce heat islands, stormwater runoff, and air pollution.

(d) To reduce random vehicular flow across parking areas.

(e) To permit a high level of visibility for those uses for which visibility is an important factor.

(f) To facilitate snow removal and storm drainage, and to conserve energy in construction and resurfacing operations, by laying out the paving surface with minimal obstructions.

(2) The terms "parking lot," "parking area," and "parking" are interchangeable. "Parking" includes the driveway which provides direct access to the parking spaces.

(3) Off-street parking facilities shall be provided in compliance with the parking requirements of Chapter 295, Zoning, of the Township Code as well as the regulations contained in this chapter herein.

(4) Construction materials for parking areas of one- or two-family dwellings, including driveways used as parking for such dwellings, shall only consist of concrete, concrete wheel-strips with grass, pervious concrete, asphalt, pavers or grass pavers, and not of gravel or grass.

(5) Parallel parking shall be used along roads where needed. Angled parking may be permitted along public or private streets or within parking lots, when it is specifically designed to address potential safety issues associated with vehicles using the parking. Perpendicular parking shall not be permitted along public or private streets. Angled parking may only be used in locations approved by the Board of Commissioners.

B. All parking lots.

(1) A minimum driveway length of 50 feet shall be provided between the road ultimate right-of-way line and the first parking space or internal drive aisle intersection in parking lots with 50 vehicles or more.

(2) Parking areas shall be set back from tract boundary lines and right-of-way lines in compliance with the requirements of the Chapter 295, Zoning, of the Township Code. In any case not regulated by the Chapter 295, Zoning, of the Township Code, parking areas shall not be located closer than 15 feet from any tract boundary line unless a public right-of-way intervenes.

(3) Where the edge of an existing parking area is located close to a street, driveway, or other parking area and the property is proposed for subdivision and/or land development, a minimum separation of 10 feet shall be provided between these features unless a shared parking or cross access arrangement is proposed. This spacing shall consist of a landscaped area with planting in conformance with § 260-50, herein.

(4) Dead-end parking areas shall not be used when the required parking capacity can be accommodated in a layout that permits more convenient vehicular movements. However, extraneous through-traffic flow shall be avoided.

(a) Up to 30 parking spaces may also be located in a dead-ended parking area if there is no more desirable alternative feasible and sufficient backup areas are provided for the end spaces.

(b) More than 30 parking spaces may be located in a dead-ended parking area only if a turnaround area is provided at the closed end, suitable for passenger car turning. The turnaround area may be circular, T- or Y-shaped, or other configuration acceptable to the Board of Commissioners.

(5) Parking spaces designed for the exclusive use by disabled persons shall be installed in all parking lots as close and convenient to building entrances as is reasonable. The specific number and locations of accessible spaces shall be in conformance with the Americans with Disabilities Act (ADA).[1]

[1] Editor's Note: See 42 U.S.C. § 12101 et seq.

(6) Provisions for pedestrian safety within a parking lot shall be required by providing sidewalks, delineated crosswalks, traffic calming devices, and other measures.

(7) Two parking spaces dedicated to alternative fuel vehicles, which may include electric vehicle charging stations, are required for every 50 new parking spaces constructed.

C. Parking area dimensions.

(1) Parking spaces shall have those dimensions as required in Chapter 295, Zoning, of the Township Code.

(2) Where parking spaces abut sidewalks, parked vehicles shall not overhang the sidewalks unless the sidewalk is widened by two feet. Wheel stops are required in order to allow for full pedestrian use of the sidewalks.

(3) Parking spaces for physically disabled persons shall be 13 feet wide and equal in depth to the spaces abutting them in accordance with standards developed under the Americans with Disabilities Act (ADA).[2]

[2] Editor's Note: See 42 U.S.C. § 12101 et seq.

D. Shared access. When required by the Board of Commissioners upon recommendation of the Township Planning Commission, applicants shall create agreements for shared vehicular access as the preferred means of reducing the total number of curb cuts for traffic safety and congestion reasons. Nonresidential lots shall provide cross-access easements for parking areas and driveways guaranteeing access to adjacent lots. Interconnections shall be logically placed and easily identifiable to ensure convenient traffic flow.

(1) When two or more abutting lots share an access driveway, the driveway shall be designed as the main access to those lots, and one or more existing access driveways shall then be closed.

(2) Where development of three or more adjoining parcels consolidates vehicular access into one shared driveway, that driveway may be upgraded into a medium volume driveway according to PennDOT standards.

(3) Shared access may be located entirely on one lot or be split among a common lot line.

(4) Access easement and maintenance agreements or other suitable legal mechanisms shall be provided, in a form acceptable to the Board of Commissioners in consultation with the Township Solicitor.

(5) Liability safeguards for all property owners and lessees served by the shared access shall be guaranteed to the satisfaction of the Board of Commissioners in consultation with the Township Solicitor.

E. Drive aisles within sites proposed for nonresidential development. The following requirements apply to all driveways within all sites proposed for nonresidential land development.

(1) A smooth transition shall be provided between the driveway section required for access to a public street and the drive aisles required for internal site circulation.

(2) Main access driveways (entrance-exit) and service driveways handling large trucks shall be a minimum paved width of 24 feet, with one lane in each direction, unless otherwise required by PennDOT standards governing the volume of traffic anticipated.

(3) Wherever feasible, internal circulation driveways shall extend from access drives in locations which permit and encourage entering traffic to turn and enter the parking aisles without first travelling along a building-front drive aisle. This feature is intended to reduce the volume of vehicular traffic along building-front driveways to make it safer for pedestrian traffic.

F. Pedestrian circulation and facilities. The following requirements shall apply to all parking areas with 10 or more spaces.

(1) Pedestrian circulation. Pedestrian circulation to each building from public sidewalks, the street, and cars parked on site shall take precedence over vehicular circulation. Pedestrian access to each building from public sidewalks and the street shall be physically delineated and provided by sidewalks and defined crosswalks and shall otherwise be exclusive of and separate from vehicular use areas and drive aisles. Defined paths of travel for pedestrians from off-site shall consist of not more than 25% crosswalks or other painted services not grade-separated from vehicular drive aisles or driveways.

(2) Crosswalks. Where pedestrian circulation crosses vehicular routes, a crosswalk with a different paving material, ladder-striping, speed tables, or signage shall be provided. Walkways in parking areas shall be barrier-free and a minimum of five feet wide; additional width may be needed in some areas with heavy pedestrian traffic.

(3) Entrances. At least one pedestrian route shall be provided and aligned within the parking lot with the main entry of a building to facilitate pedestrian movement. Clear separation or division from vehicular use areas with sidewalks, landscaping, a change in grade, or a change in surface material shall be provided.

§ 260-60 Curbing.

Curbing shall be installed along all existing and proposed public and private streets, common driveways, and common parking areas.

A. When utilizing an approved stormwater management technique, the Board of Commissioners may waive curbing requirements in full or partially. Grass swales and infiltration trenches along streets are encouraged in appropriate locations in the Township, provided that pedestrian safety and traffic circulation is addressed.

B. The Township may waive the installation of sections of curbing when adjoining sections of the road do not have curbing and in the opinion of the engineer it would be better to install the curbing at the same time that curbing is installed along the adjoining sections of the road way. In these cases, payments shall be required to fund the installation of the curbing at a future time when other sections of curbing along the roadway are installed.

C. Accessible curb cuts that meet the requirements of the American Disabilities Act[1] shall be installed at all intersections where sidewalks are provided or proposed.

[1] Editor's Note: See 42 U.S.C. § 12101 et seq.

§ 260-61 Tree canopy planting requirements for nonresidential uses.

The following standards shall apply to all subdivision or land developments containing nonresidential uses. The plantings required by this section shall be cumulative and in addition to plantings required by any other section of this chapter, and shall also be subject to the fee in lieu of landscaping provisions of § 260-63E.

A. All proposed nonresidential structures shall incorporate the following minimum plant materials in the landscaping areas adjacent to the proposed structure:

(1) One canopy tree or two understory trees shall be planted for every 50 feet of proposed building facade facing a public street.

(2) Five deciduous or evergreen shrubs (18 inches minimum height) shall be planted for every 20 feet of proposed building facade facing a public street.

(3) Planting areas shall be a minimum of 150 square feet with a minimum ten-foot width.

(4) A minimum of 25% of the area between the building facade and the property frontage shall consist of pervious planting areas.

B. At the discretion of the Board of Commissioners, based upon the recommendations of the Shade Tree Advisory Commission (STAC) if sufficient planting space is not available immediately adjacent to the proposed structure, required building facade plantings may be located on the other areas of the tract.

§ 260-62 Stormwater management areas plantings.

Landscaping shall be required in and around all stormwater management areas and natural areas (including but not limited to steep slopes, floodplains, woodlands or other habitat areas intended to be reserved from development) according to the following:

A. All areas of stormwater detention and retention basins, including basin floors, side slopes, berms, impoundment structures, or other earth structures, shall be planted with suitable vegetation such as naturalized meadow plantings or lawn grass specifically suited for stormwater basins.

(1) Trees and shrubs shall be planted in and around stormwater basins if they do not interfere in the proper function of the basin and no trees are planted within 30 feet of an outlet/drain structure, emergency spillway, or dam. A minimum of two trees and 10 shrubs per 100 linear feet of basin perimeter, measured at the top of the basin berm, shall be planted in and around the basin.

(2) Naturalized ground cover plant species, such as wildflowers, meadows, and nonaggressive grasses specifically designed for the permanently wet, intermittently wet, and usually dry areas of stormwater basins, shall be seeded in the floors and slopes of the basin and meet the following requirements:

(a) The plantings provide a satisfactory continuous cover for all areas of the basin.

(b) The plantings do not interfere with the safe and efficient function of the basin as determined by the Township Engineer.

(3) Lawn grass areas on the top of the basin berm and out slopes of the basin may be sodded or hydroseeded to minimize erosion during the establishment period. Once established, these turf grass areas shall be maintained at a height of not more than six inches.

B. Bioretention and infiltration area standards. When a bioretention or infiltration area is proposed, the following specific requirements shall apply:

(1) Bioretention soil composition and performance standards. Bioretention soils shall be a loam soil capable of supporting a healthy vegetative cover, which shall satisfy the following requirements:

(a) Composition specification. Bioretention shall be amended to contain the following element within the ranges specified. The percentages represent the required proportions by volume:

[1] 15% to 20% double-shredded hardwood mulch.

[2] 70% to 80% washed sharp sand, meeting the ASTM C33 specification.

[3] 5% to 15% compost (shredded leaves, mushroom compost, etc.). The higher end of the range assumes an organic content level of 30%. An amount on the lower end of the stated range should be used if the bioretention area will be underdrained or if the overall organic content of the compost is higher than 30%.

(b) A soil improvement detail and notes, including the removal of all construction debris and existing compacted soil and the proposed soil improvement mix, should be provided with the landscape plan.

(c) Soils shall provide adequate infiltration rates and be suitable for healthy tree growth and have a permeability of at least one foot per day (0.5 inches per hour).

(d) Bioretention soil shall be free of stones, stumps, roots, or other woody material over one inch in diameter. It should be free of seed and live roots from noxious weeds and invasive exotics plants. Placement of soil shall be done in lifts of 12 inches to 18 inches, loosely compacted (tamped lightly) by hand.

(e) Stones, such as riverjack and similar stone, are prohibited from serving as ground cover in bioretention areas.

(2) Minimum required bioretention soil depth: 30 inches.

(3) Planting requirements for bioretention facilities and infiltration areas. The following planting requirements for bioretention facilities and infiltration areas shall apply:

(a) At least one of the following minimum plantings is required:

[1] A minimum of one shade or canopy tree per 100 square feet of bioretention or infiltration area shall be provided.

[2] A minimum of two to four trees understory or flowering trees per 100 square feet of bioretention or infiltration area.

(b) A minimum of six shrubs and eight grasses per 200 square feet of bioretention or infiltration area. The number of shrubs can be reduced up to 50% to allow greater use of grasses in a design; for the purposes of the substitution, for every shrub reduced, 10 more grasses are required to be planted.

(c) No one tree or shrub species shall comprise more than 25% of the total number of plants.

§ 260-63 General landscape design criteria.

The following design criteria and specifications shall apply to all plants and landscaping provided in subdivisions and land developments regulated by this chapter.

A. Plantings shall be placed in arrangements and locations to best mitigate the adverse impacts of the proposed site development. The required plant material shall be distributed over the entire length and width of any required buffer area.

B. Plantings shall be spaced to comply with the visual mitigation requirements with consideration given to the provision for the future growth habits and mature sizes of selected plant species.

C. Plant species selection shall be based on the following standards:

(1) Any planting materials proposed, including but not limited to trees, shrubs, herbaceous and woody perennials ground covers and grasses, shall only be provided in conformance with § 260-88, Plant materials specifications, and shall only be chosen from the applicable category (according to the proposed use of the plantings) from Appendix A, List of Approved Plants,[1] contained herein. Any species or cultivar listed in the List of Approved Plants may be used for another purpose other than the category under which it is listed, provided such use receives the recommendation of the Township Shade Tree Advisory Commission (STAC). Any plant materials proposed but not included in the List of Approved Plants shall only be approved by the Board of Commissioners, provided the applicant demonstrates the alternative plant materials chosen satisfy at least one of the following conditions:

(a) The plant materials more effectively implement the intent and goals of this chapter than all other applicable plant species in the list;

(b) The plant materials have received a recommendation for approval from the Township Shade Tree Advisory Commission; or

(c) The plant materials are native plants to the region.

[1] Editor's Note: Said appendix is included as an attachment to this chapter

(2) Invasive and noxious plants prohibited. Invasive and watch list species listed on any governmental list of invasive species, including the Pennsylvania Department of Conservation and Natural Resource's "DCNR Invasive Plant List" and any other list as maintained and updated by DCNR for use on state lands, any state or US Department of Agriculture lists, as well as any list adopted by the Township, shall be prohibited in any subdivision or land development in the Township. Such plants shall be required to be removed when present on a site under development and such plants shall not be used to satisfy any landscaping requirement of this chapter.

(3) Minimum native species. A minimum of 75% of all planting material proposed shall be composed of native plants. Such requirement shall be based on the total number of individual plants proposed.

(4) Minimum species diversity. A minimum variety of species per plant type (canopy tree, understory tree, shrub, perennial, etc.) is required as follows:

Number of Plants Per Plant Type	Minimum Number of Species Per Plant Type Required	Maximum % of Any One Species Per Plant Type
0 to 5	1	100%
6 to 15	2	50%
16 to 30	3	40%
31 to 50	4	30%
51+	6	20%

D. Existing healthy trees, shrubs, or woodlands may be substituted for part or all of the required plant material of this chapter at the sole discretion of the Board of Commissioners, provided such existing vegetation, in its existing location on the site, fulfills the intent of the particular standard for which it is proposed to be substituted. The minimum quantities and/or visual effect of the existing vegetation shall be equal to or exceed that of any required landscape or screening buffer. In order for existing vegetation to qualify, proof must be provided to demonstrate that adequate protection measures, particularly in the plant's root zone, are incorporated into the plan, and comply with the standards of § 260-34B.

E. In the event that an applicant requests a waiver from the landscaping requirements of this article on the basis that compliance with such requirements would represent an undue hardship, the grant of any such waiver may be conditioned upon the payment to the Township of a fee in lieu of planting such required landscaping in accordance with the following:

(1) The developer shall provide sufficient plans and documentation to establish what landscaping is to be waived and to permit the proper evaluation of the effect of the grant of the proposed waiver and the reasons for such waiver.

(2) The fee shall be based upon the value of the required landscaping that is to be waived. The calculation of which value shall be performed by a registered landscaped architect licensed by the Commonwealth of Pennsylvania and shall be based on the costs of materials, installation, relocation and guaranty of the landscaping that is not to be installed.

(3) The fee in lieu of the provision of the required landscaping shall be used, unless the developer paying such fee shall agree otherwise, only for the purpose of providing for the planting of trees and other landscaping in parks of the Township or along the streets or highways of the Township.