This article shall be known and referred to as the "Road Ordinance of Conestoga Township."
[Adopted 9-3-2002 by Ord. No. 2002-02]
The following terms shall have the meaning ascribed thereto, as follows:
Any person, association, partnership or corporation, or his, their or its authorized agent, for whom subdivision or land development plans are going, or have been made, or who proposes to construct or begins construction of a road intended to become a part of the road system of Conestoga Township or intended for dedication to the public use.
A facility or physical improvement intended or designed to accept and/or dispose of stormwater run-off.
Any road, street, alley or public thoroughfare, including any curbing required to be installed as part thereof, whether actually maintained by Conestoga Township as part of its road system, or whether shown on a subdivision and land development plan to be offered or dedicated to Conestoga Township in the future as part of its road system.
The Board of Supervisors of Conestoga Township, Lancaster County, Pennsylvania.
The Township of Conestoga, Lancaster County, Pennsylvania.
The engineer appointed by the Supervisors.
No developer shall construct, build, open, dedicate, or attempt to open or dedicate any road, street, or drainage facility for public use, travel or usage in the Township of Conestoga without first submitting plans, which have been prepared in accordance with the plan preparation and content standards of the governing subdivision and land development ordinance, to the Board of Supervisors, or its duly designated representative, for approval.
All plans for said road, streets and/or drainage facilities shall comply with the requirements and reflect the information required by those applicable provisions of the governing subdivision and land development ordinance and shall comply with the requirements and reflect the information required by this article. In the event of a conflict between the provisions of this article and the governing subdivision and land development ordinance, the provisions of this article shall control.
A.
All plans for roads, streets and/or drainage facilities shall be prepared by a registered professional engineer, landscape architect, or other registered professional skilled in the preparation of road plans and submitted to the Supervisors in triplicate. The Supervisors shall review the plans, and in the process thereof, shall refer them to the Township Engineer, Township Planning Commission and may refer them to the Lancaster County Planning Commission for review and comments. In the event any changes are required, the Supervisors shall refer the plans back to developer for revision in accordance with the specified changes.
B.
When the plans are found to be in an acceptable form, two copies shall be executed by the Supervisors, the Supervisors retaining one copy and delivering an executed copy to the developer.
A.
To guarantee satisfactory construction and installation of the road, street or drainage facility, the developer shall furnish a performance bond or other financial security satisfactory to Township. Said financial security shall be of the same type, and administered as otherwise required by the Pennsylvania Municipalities Planning Code, as amended (MPC).[1]
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
B.
No work shall be initiated on any road, street or drainage facility until the plans therefor have been finally approved by the Supervisors and executed indicating final approval.
All roads and streets shall be constructed or reconstructed in accordance with the following standards and specifications and those presented in the Appendix attached hereto:
A.
General design standards.
(1)
All proposed streets shall be offered for dedication.
(2)
Proposed streets shall conform to such Township, county, and state street and highway plans as have been prepared, adopted and/or filed as prescribed by law.
(3)
New streets shall be connected with streets of similar function, to form continuations thereof.
(4)
Wherever there exists upon an adjoining parcel or tract, a dedicated or platted area reserved for future street usage along the boundary of a tract being developed, the dedicated or platted area reserved for future street usage shall be extended into the proposed project.
(5)
Local streets shall be laid out to discourage use by through traffic.
(6)
All streets shall be arranged to conform as closely as possible to the original topography.
(7)
Streets shall be laid out to provide convenient and safe access to the property.
(8)
Streets shall be logically related to the topography so as to produce reasonable grades, satisfactory drainage and suitable building sites.
(9)
As a minimum, all new streets shall be graded to the right-of-way line. All cut and fill slopes associated with the construction of the streets, within or beyond the limits of the street right-of-way, shall not exceed a maximum of a 3:1 slope.
(10)
The design speed and proposed speed limits for new streets shall be noted on the plan and shall be approved by the Township.
(11)
Snow removal stockpile easements shall be provided at all intersections and culs-de-sac. The snow removal stockpile easement shall be a minimum of 20 feet in length along the cartway. The depth shall be measured from the edge of the cartway and shall be a minimum of 15 feet. No on-street parking, driveway, structure, any aboveground part of any utility, landscaping, or any other use shall be permitted along and within the snow removal stockpile easement that would interfere with the intended purpose of the easement. All snow removal stockpile easements shall be delineated on all plans and the restrictions on their use shall be noted on the plans. All locations shall be approved by the Township.
(12)
Permanent concrete monuments shall be accurately placed to monument the right-of-way line along at least one side of each street at the beginning and end of all curves and at all angles. When the outside perimeter of a tract falls within or along an existing road right-of-way, then the right-of-way of that roadway shall be monumented at the above-referenced points.
(a)
Monuments shall be of concrete, with a flat top having a minimum width or diameter of four inches and a minimum length of 30 inches. Cast-in-place or precast concrete monuments shall be marked with center punch mark in a 3/4 inch copper or brass dowel.
(b)
All existing and proposed monuments shall be delineated on the final plan.
(c)
All monuments shall be placed by a registered engineer or surveyor so that the scored or marked point shall coincide exactly with the point of intersection of the lines being marked.
(d)
All monuments shall be inscribed with a proper inscription indicating the name of the surveyor responsible for the survey.
B.
Private streets. Where a waiver of § 225-25A(1) is granted by the Township, all private streets shall conform to the following requirements:
(1)
Private streets shall meet all the design standards for public streets as required by this article.
(2)
Applications that propose a private street shall include an agreement, in a form acceptable to the Township, which shall be recorded with the Recorder of Deeds prior to execution by the Supervisors. The recording reference shall be included on the plans. This agreement shall establish the conditions under which the street will be constructed and maintained, as well as conditions controlling an offer of dedication, and shall stipulate:
(a)
That the street shall be constructed and maintained to conform to the provisions of this article.
(b)
The method of assessing maintenance and repair costs.
(c)
That an offer for dedication of the street shall be made only for the street as a whole.
(d)
That the owners of the abutting lots will include with any offer of dedication sufficient funds, as estimated by the Township, to restore the street to the prevailing standards.
(e)
That an agreement by the owners of 51% of the front footage thereon shall be binding on the owners of the remaining lots.
C.
Street names, street address, and traffic signs.
(1)
Streets that are extensions of or obviously in alignment with existing streets shall bear the names of the existing streets.
(2)
Street names shall not be repeated within the Township and all street names shall be subject to the approval of the Township and Lancaster County-wide communications.
(3)
Street name signs shall be provided and installed by the developer at all intersections and shall identify both intersecting streets and their design shall be approved by the Township.
(4)
Street address plans shall be prepared by the developer and submitted to the Township prior to the Township accepting dedication of any streets or prior to the final reduction in the project's bonding as required by § 225-24.
(5)
Regulatory signs shall be provided and installed by the developer at all locations identified by a traffic engineering study prepared by the developer and in accordance with PennDOT Publication 201, Engineering Traffic Studies, as amended.
(6)
Traffic signs shall be approved by the Township and shall be supplied and installed by the developer in accordance with Township regulations; PennDOT Publication 68, Official Traffic Devices; and the MUTCD, Manual on Uniform Traffic Control Devices, FHWA, as amended.
(7)
All traffic signs shall be installed by the developer prior to the occupancy of any units within the project.
D.
Guide rail.
(1)
Streets shall be designed to preclude or minimize the need for guide rail. The Township may, however, require guide rail to be placed for protection on embankments when a barrier is indicated as warranted in Design Manual Part 2 Highway Design by PennDOT, January 1990 edition, as amended.
(2)
The design and selection of guide rail shall generally be in accordance with the standards in Design Manual Part 2 Highway Design, January 1990 edition, as amended; however, the Township shall approve all guide rail systems.
E.
Reconstruction of existing streets.
(1)
All existing streets at the perimeter and/or through the development shall be reconstructed according to Township or PennDOT specifications:
(a)
If an existing street lies at the perimeter of the development, it shall be reconstructed to the center line of the street; and
(b)
If an existing street lies through the development, it shall be reconstructed to the full width of the street as required by Township or PennDOT specifications and design standards.
(2)
Where a temporary cul-de-sac is being extended, the bulb shall be removed and the street reconstructed to Township street specifications and any existing sidewalk shall be extended through the area, and the remaining areas shall be regraded and seeded.
(3)
When the proposed development requires construction within an existing street right-of-way, such as sewer, water or stormwater lines, the Township may require construction of a new wearing course along the entire frontage and/or disturbed area. The extent of the new wearing course shall be approved by the Township.
(4)
The extension of existing streets, which are presently constructed with a cartway different from current Township standards, shall be provided with a transition area, the design of which is subject to Township approval.
(5)
If a subdivision or land development abuts an existing Township and/or state street, which has a right-of-way width of less than the required right-of-way width set forth in § 225-25G, the applicant shall dedicate to the Township or commonwealth, as applicable, that amount of land necessary so that the distance from the center line of the street to the edge of the right-of-way abutting the proposed development is 1/2 the ultimate right-of-way as set forth in § 225-25G.
F.
Construction standards.
(1)
All streets shall be constructed, and all existing streets shall be reconstructed in accordance with the applicable Township regulations and the following standards:
Street Classification | Base Course | Paved Surface |
|---|---|---|
Arterial and collector streets | 5-inch 3A crushed aggregate and 4-inch BCBC | 3-inch ID-2 binder 1 1/2-inch ID-2 wearing |
Local streets | 10-inch 3A crushed aggregate | 4-inch ID-2 binder 1 1/2-inch ID-2 wearing |
Alleys | 6-inch 3A crushed aggregate | 1 1/2-inch ID-2 binder 1 1/2-inch ID-2 wearing |
(2)
All crushed aggregate base material shall be put in place by a powered spreader.
G.
Right-of-way and cartway widths and construction standards.
(1)
The minimum street rights-of-way and cartway widths for new streets shall be as follows:
Street Classification | Minimum Cartway Width | Minimum Right-of-Way Width |
|---|---|---|
Arterial street (highway) | As determined after discussion with the Township, PennDOT, and the Lancaster County Planning Commission, however the minimums shall be as follows: | |
40 feet | 60 feet | |
Collector street | 38 feet | 50 feet |
Local street with parking on 1 side of street | 28 feet | 50 feet |
Local street with no on-street parking | 20 feet | 50 feet |
Cul-de-sac bulb | 80-foot diameter | 100-foot diameter |
Alley, no parking | 12 feet | 20 feet (easement) |
H.
Horizontal alignment.
(1)
Horizontal street alignments shall be measured along the center line. Horizontal curves shall be used at all angle changes.
(2)
The center line of the street cartway shall correspond with the center line of the street right-of-way.
(3)
Plans with street locations along the perimeter of a property shall be required to show building setback lines and clear site triangles within the adjacent properties. Written permission from the effected adjacent landowner shall be provided prior to preliminary plan approval.
(4)
There shall be a tangent of at least 100 feet between reverse curves for all local and collector streets.
(5)
Horizontal curve center line radii shall be designed in coordination with vertical geometry, subject to the approval of the Township Engineer. The minimum acceptable center line radii shall be 300 feet for arterial and collector streets and 150 feet for local residential streets.
I.
Vertical alignment.
(1)
Vertical curves shall be used in all changes of grade.
(2)
The minimum vertical grade for all streets shall be 1%; the maximum vertical grade shall be 10%.
(3)
Pavement base drain shall be provided for all streets with a center line grade equal to or less than 2%.
(4)
The minimum length of vertical curve for all streets shall be 75 feet.
(5)
At street intersections, the through street shall be approached by side streets in accordance with the following standards; where the grade of the side street exceeds 4%, there shall be an area on the side street within which the grade shall not exceed 4% for a minimum distance of 100 feet (measured from the intersection of the center lines of the streets).
(6)
No side street shall intersect a through street when the through street exceeds 7% in grade.
(7)
Notwithstanding the above minimum length of vertical curve, the actual length of vertical curve shall be based on the formula L = KA; where "L" is the minimum length of curve in feet, "K" is the length of vertical curve per percent change in "A," and "A" is the algebraic difference in grade (in percent). Values for "K" shall be based on the following criteria:
Design Speed (in miles per hour) | "K" Crest Vertical Curves | "K" Sag Vertical Curves |
|---|---|---|
20 | 10 | 20 |
25 | 20 | 30 |
30 | 30 | 40 |
35 | 45 | 50 |
40 | 70 | 70 |
45 | 100 | 90 |
50 | 150 | 110 |
55 | 220 | 130 |
J.
Intersections.
(1)
Intersections involving the junction of more than two streets are prohibited.
(2)
Right-angle intersections shall be used.
(3)
All streets intersecting a state highway shall be subject to the approval of PennDOT.
(5)
The distance between the center line of streets intersecting with through streets shall be determined by the classification of the through street being intersected. The minimum separation distance shall be measured along the center line of the through street being intersected and shall conform to the following:
Through Street Classification | Minimum Intersection Separation Distance (feet) |
|---|---|
Arterial | 800 |
Collector | 500 |
Local | 200 |
(6)
The cartway edge at street intersections shall be rounded by a tangential arc with a minimum radius as follows:
(a)
Arterial streets: 55 feet.
(b)
Collector streets: 50 feet.
(c)
Local streets or alleys: 35 feet.
(d)
The right-of-way radii at intersections shall be substantially concentric with the edge of the cartway.
(e)
The Township may require larger radii based on the largest design vehicle using the intersection.
(7)
Proper safe stopping sight distance shall be provided with respect to both horizontal and vertical road alignments at all intersections.
(a)
The required and available safe stopping sight distance shall be included on the plans for all existing and proposed intersections.
(b)
Street intersections shall be located at a point that provides optimal sight distance in both directions.
(c)
Sight distance at street intersections shall provide the following minimum stopping distance for a vehicle traveling on an approaching street, which has no stop or signal control:
[1]
Calculation of safe stopping sight distance.
[a]
For each intersection, the available sight distance in each direction shall equal or exceed the stopping sight distance computed from the following formula:
SSSD = 1.47 Vt + V2\30(f±G) |
Where: | ||
SSSD | = | Minimum safe stopping sight distance (feet). |
V | = | Velocity of vehicle (miles per hour). |
t | = | Perception time of driver (2.5 seconds). |
f | = | Wet friction of pavement (0.30). |
G | = | Percent grade of roadway divided by 100. |
[b]
If the 85th percentile speed varies by more than 10 miles per hour from the speed limit, the Township may require the 85th percentile speed to be used to determine stopping distance.
[c]
A minimum safe stopping sight distance table that specifies minimum safe stopping sight distance for selected speeds is provided in the Appendix. The sight distances in the table apply for roadway grades in whole numbers from +10% to -10% along with speeds from five miles per hour to 65 miles per hour in increments of five miles per hour. The designer may use this table in lieu of the above formula.
[2]
Measurement of sight distance.
[a]
The correct measurement of available sight distance at each proposed street intersection shall be the responsibility of the applicant.
[b]
For the purpose of measuring available sight distance, the height of the driver's eyes shall be 3.5 feet above the road surface, and the height of the object shall be 3.5 feet above the road surface. The lateral placement of vehicles on the roadway and at the proposed access point shall be consistent with the operation of the access and roadway.
[c]
For each direction, the shortest of the following measurements shall be considered the available sight distance for that direction:
[i]
The maximum length of roadway along which a driver at the proposed street intersection can continuously see another vehicle approaching on the roadway. The driver's eyes at the proposed point of access shall be 10 feet back from the near edge of the closest travel lane in the center of the intersection land.
[ii]
The maximum length of roadway along which a driver on the roadway can continuously see a vehicle which is located in his travel lane on the roadway in order to make a left turn into the proposed access or as a result of a left or right turn out of the proposed access.
[iii]
The maximum length of roadway along which the driver of a vehicle intending to make a left turn into the proposed access can continuously see vehicles approaching from the other direction. This is measured from the point where the left-turning vehicle stops.
[3]
Inadequate sight distance remedies. If it is impossible to achieve required safe stopping sight distance in both directions the Township may:
[a]
Prohibit left turns by entering or exiting vehicles;
[b]
Require alteration of the horizontal or vertical geometry of the roadway or access; all such work shall be at the expense of the applicant;
[c]
Require removal of physical obstruction from the line of sight, at the expense of the applicant;
[d]
Require installation of a separate left turn standby lane; or
[e]
Deny access to the roadway.
K.
Curbing.
(1)
Curbs shall be required along all proposed streets in subdivisions and land developments; along all access drives, all interior landscaping and traffic control islands within parking compounds in land developments; and along all existing streets in and abutting subdivisions or land developments. The developer shall submit the location and grade of all curbs to the Township for consideration.
(2)
Curbs shall be constructed and installed in accordance with the specifications in this article or any other ordinance enacted by the Supervisors setting requirements for the construction of roads, curbs and sidewalks or, in lieu of such standards, in accordance with the standards of PennDOT Publication 408/90, as amended.
(3)
Standard vertical curb shall be required along all state highways and along all Township streets that the Township has classified as an arterial or collector street, and where vertical curbs exist. Standard slant curb shall be permitted along all other streets.
L.
Sidewalks.
(1)
Sidewalks shall be required along all proposed streets and along all existing streets in and abutting both subdivisions and land developments.
(a)
Sidewalks are required to provide access to and/or within a commercial, industrial or community facility.
(b)
Sidewalks that are provided as part of such nonresidential facilities shall be designed and constructed to service the projected pedestrian needs.
(d)
Appropriate details shall be provided on the plans.
(2)
Sidewalks shall be installed on both sides of all streets in subdivisions and land developments as herein specified.
(3)
Sidewalks shall be located, if possible, within the street right-of-way line, and shall be a minimum of four feet in width.
(4)
Pedestrian easements, with a minimum width of six feet, shall be provided when the sidewalk is not located entirely within the street right-of-way.
(5)
Sidewalks shall be constructed of Class A cement concrete four inches thick, containing steel mesh of six-by-six-by-fourteen-inch gauge, upon a properly prepared subgrade as follows:
(a)
Four inches of AASHTO No. 57 crushed stone shall be properly compacted using a mechanical tamper.
(b)
Upon the crushed stone, the sidewalks shall be constructed by pouring concrete in separate slabs a maximum of 30 feet in length.
(c)
The slabs shall be completely separated by 1/4 inch expansion joint and scored every five feet.
(6)
A minimum two-foot-wide grass planting strip shall be provided between the back of curb and sidewalk.
(7)
All utility services and mains shall be extended to the building side of the sidewalk.
M.
Streetlighting. Streetlighting shall be provided for all subdivision and land developments in accordance with the following:
(1)
Lighting shall be provided at a minimum average of 1/2 footcandles at an elevation of three feet above the surface.
(2)
All lighting shall be so arranged as to reflect the light downward and away from adjoining premises.
(3)
Poles for mounting lights shall not exceed 25 feet in height.
(4)
All lighting plans shall be delineated on the plan and shall include photometrics.
(5)
Appropriate footer and mounting details shall be included on the plans.
(6)
Light fixture and pole styles shall be approved by the Township.
N.
Cul-de-sac and dead-end streets.
(1)
A cul-de-sac shall not be permitted when a through street is feasible.
(a)
The feasibility of a through street will be based on the following:
(b)
When cul-de-sac streets are proposed, the application shall be accompanied by a written analysis of the merits of the design and the reasons that a through street would not be feasible.
(c)
Approval of cul-de-sac streets shall be at the sole discretion of the Township.
(2)
Where any existing adjacent stub street has been constructed and is not proposed for extension as a through street onto the adjoining tract by the developer of the adjoining tract, the developer shall construct a permanent cul-de-sac in compliance with this article. The developer shall be responsible for acquiring all necessary street right-of-way and construction easements as may be required for the construction of the permanent cul-de-sac.
(3)
Permanent cul-de-sac streets shall be designed as follows:
(a)
Minimum length: 250 feet;
(b)
Maximum length: 600 feet;
(c)
The length of the cul-de-sac street shall be measured from the center line intersection of the intersecting street to the center of the cul-de-sac turnaround;
(d)
Permanent cul-de-sac streets must be provided with a paved turnaround with a minimum diameter of 80 feet to the face of curb or edge of paving and of 100 feet to the street right-of-way;
(e)
Unless future extension is clearly impractical or undesirable, the turnaround right-of-way shall be placed adjacent to the tract boundary with sufficient additional width provided along the boundary line to permit extension of the street at full width; and
(f)
Drainage of cul-de-sac streets shall preferably be toward the open end. If drainage is toward the closed end, water shall be conveyed away in an underground storm sewer or by other means approved by the Township. The minimum grade on culs-de-sac shall be designed to ensure a minimum of 1% along the curbline to the designed low points. The maximum grade on culs-de-sac shall not exceed 4%.
(4)
Temporary cul-de-sac streets shall be designed as follows:
(a)
Minimum length: 250 feet;
(b)
Maximum length: 800 feet in length;
(c)
Temporary culs-de-sac shall be designed to the same cartway width and drainage criteria as required for permanent culs-de-sac; and
(d)
Temporary easements shall be provided for the effected adjoining properties until such time that the street is extended.
(5)
(6)
Any street temporarily dead-ended in order to provide for future continuation of the street into adjoining property or for authorized stage development shall be fully constructed and all utilities installed.
(7)
A barricade to prevent vehicular access to adjoining property shall be constructed at the termination point of the street. The barricade shall be designed and constructed in accordance with PennDOT Publication 72, Standards for Roadway Construction, RC-63, as amended.
O.
Alleys.
(1)
Alleys shall have the following characteristics:
(a)
A property that utilizes an alley shall maintain frontage along a public or private street.
(b)
No part of any structure shall be located within eight feet of the edge of the cartway of an alley.
(c)
The cartway of all alleys shall be constructed in accordance with the specifications of this article.
(d)
The vertical and horizontal alignments of alleys shall be in accordance with the local street specifications of this article.
(e)
Alleys and their intersections shall be in accordance with the local street specifications of this article.
(f)
Alleys which form a cul-de-sac shall be designed as follows:
[1]
The alley shall not exceed 400 feet in length, measured from the center line intersection of a street that is not a cul-de-sac; and
[2]
Alley culs-de-sac, which do not terminate in a parking compound, shall be provided at the terminus with a fully paved turnaround designed in accordance with one of the following methods:
(g)
Alleys offered for dedication will not be accepted by the Township.
(h)
Applicants proposing alleys within a development may request that the Township reduce the width requirements of the local streets proposed within the development. The request shall be in the form of a modification request and shall be accompanied by adequate justification.
(2)
Applications that propose an alley shall include an agreement with an exhibit that graphically identifies the location(s) of the alley(s) upon the property, in a form acceptable to the Township, which shall be recorded with the Recorder of Deeds prior to execution by the Supervisors. This agreement shall establish the conditions under which the alley will be constructed and maintained and shall stipulate:
(a)
That the alley shall be constructed and maintained to conform to the provisions of this article; and
(b)
The method of assessing maintenance and repair costs.
[1]
If the use of an alley is limited to the common use of two properties, the applicant shall provide for the maintenance of such alley;
[2]
If the use of an alley is for more than two properties, the applicant shall provide for private maintenance through the formation of a homeowners' association or through the setting forth of the maintenance responsibilities in easements and in the deeds to the lots, which have the right to use the alley. If a homeowners' association is formed, a document setting forth the maintenance responsibilities of such association and the right of such association to assess lots within the development shall be recorded at the same time as the final plan is recorded. All such documents shall be in a form acceptable to the Township Solicitor; and
[3]
All persons who shall purchase a lot abutting or having the right to use an alley shall be given a copy of the final plan, and, if a homeowners' association has been formed, shall be given a copy of all such documents relating to the maintenance responsibilities of such homeowners' association.
(3)
The exhibit for recordation with agreement at the Recorder of Deeds shall include a plan note which identifies the following:
P.
Street trees. Street trees shall be required by the Township in accordance with the following standards:
(1)
The trees shall be nursery grown in a climate similar to that of the locality of the project. Varieties of trees shall be subject to the approval of the Township.
(2)
All trees shall have a normal habit of growth and shall be sound, healthy and vigorous; they shall be free from disease, insects, insect eggs, and larvae.
(3)
The caliper of the trunk, measured at a height of six inches above finished grade, shall be a minimum of two inches.
(4)
Trees shall be planted between the street right-of-way line and the building setback line except where the Township has authorized placement of trees within the street right-of-way. The tree growth shall not interfere with the street cartway, sidewalk or utility line.
(5)
All planting shall be performed in conformance with good nursery and landscape practice including proper guying and staking.
(6)
Requirements for the measurements, branching, grading, quality, balling, and burlapping of trees shall follow the code of standards recommended by the American Association of Nurserymen, Inc., in the American Standard for Nursery Stock, ANSIZ6O, 1-1973, as amended.
(7)
One street tree shall be provided for each building containing two or less dwelling units and two trees for buildings containing three of more dwelling units.
(8)
A minimum of one street tree shall be provided for each residential lot, and spaced not less than 40 feet nor more than 60 feet apart along the entire length of each existing or proposed street. In commercial and industrial zoning districts, street trees shall be provided with each land development plan and spaced not less than 40 feet nor more than 60 feet apart along each street frontage.
(9)
Street trees shall be selected from the following species:
Acer rubrum cultivars | Red maple |
Aesculus x cornea | Red horsechestnut |
Cladrastus lutea | American yellowwood |
Fraximus pennsylvania cultivars | Green ash |
Ginkgo biloba (males only) | Ginkgo |
Gleditsia triacanthos inermis cultivars | Thornless honey locust |
Liquidambar styraciflua | Sweet gum |
Nyssa sylvatica | Black tupelo |
Quercus acutissima | Sawtooth oak |
Quercus phellos | Willow oak |
Quercus rubra | Red oak |
Sophora japonica | Japanese pagoda tree |
Tilia cordata | Littleleaf linden |
Tilia x euchlora | Crimean linden |
Tilia tomentosa | Silver linden |
Zelkova serrata cultivar | Japanese zelkova |
Pyrus calleryana redspire | Redspire pear |
Notwithstanding the provisions of § 225-25 of this article, the Supervisors reserve the right and privilege to alter the method of construction, type of construction and/or to require the utilization of a specific alternate where the physical characteristics of the land indicate, where roads, streets or drainage facilities will be constructed in a commercial or industrial development, or where an existing Township road is being relocated at the request and expense of the developer.
All streets, roads, and drainage facilities shall be constructed in strict accordance with the approval plans and no changes shall be effectuated unless the same receive the written authorization of the Supervisors. Notwithstanding the provision of this section, the Supervisors reserve the right to require changes during the construction stage where on site conditions, in the opinion of the Supervisors or its duly designated representative, indicate that the adverse affect of stormwater run off and/or the adverse affect to the roadbed and/or road surface may be minimized by such changes.
The undersigned shall notify the Township at least one full working day (24 hours) prior to the start of any improvements subject to inspection. The undersigned shall request, in writing, all inspections of required items, as listed hereafter, at least two full working days (48 hours) in advance. The costs of all inspections shall be the responsibility of the developer. The developer acknowledges that the following are activities for which an inspection is required:
A.
Streets and construction.
(1)
Preparation of road subgrade. At the time of this observation, the subgrade should be proof rolled and the proposed crown and grade should be checked. It is recommended that a developer's/contractor's representative accompany the observer when the crown and grade are checked. Proof rolling should be performed with a fully loaded, tandem-axle dump truck.
(2)
Placement and compaction of road subbase. At the time of this observation, the depth of subbase should be checked after compaction, the subbase should be proof rolled in the same manner as the subgrade and the crown and grade should be checked again. This observation must occur prior to any binder or base course being placed.
(3)
Placement and compaction of the binder/base course. At the time of this observation, the depth of the binder/base course should be checked, ambient temperature should be monitored (this is important in early spring and late fall days when the temperature can go below acceptable limits), the temperature of the bituminous material should be checked (if possible), and it is recommended that copies of the weight slips for each truckload are obtained. The crown and grade should also be checked again. This observation must occur prior to the wearing course being placed.
(4)
Placement and compaction of the wearing course. At the time of this observation, the guidelines for the placement and compaction of the binder/base course should be followed.
(a)
If, at the time the surface course is completed, 90% of the lots are not improved as set forth above, the undersigned shall post with the Township financial security in an amount equal to 15% of the estimated cost of the surface course as security to guarantee that damages to the road or street would not occur during the completion of the improvements on the unimproved lots in the subdivision or land development. The Township shall hold such financial security and utilize it to pay for the repair of any damage occurring to the road during the period between the commencement of improvements on any particular unimproved lot and the completion of such improvements irrespective of whether or not it can be established that the damage to the road was caused by contractors or other persons working in and about the construction of such improvements. The financial security shall be in a form acceptable to the Township.
All offers of dedication shall be in accordance with the Conestoga Township Street Dedication Policy, as may be amended from time to time by the Supervisors.
To assure that a road is completed to Township specifications, the Township Zoning Officer is hereby prohibited from issuing any certificate of use and occupancy until the street system serving the unit for which the certificate of use and occupancy is requested has been constructed to at least the binder paving course, all required traffic control and street signage has been installed, and all construction has been approved by the Township.
A.
The provisions of this article are the minimum standards for the protection of the public welfare. The Supervisors may grant a waiver from literal compliance with the mandatory provisions of this article if the applicant can demonstrate either:
B.
Additionally, the Supervisors may hear and decide appeals where it is alleged that the Township has failed to follow prescribed procedures or has misinterpreted or misapplied any of this article.
C.
The approval of a waiver or appeal shall not have the effect of making null and void the intent and purpose of this article. In the approval of a waiver or appeal, the Supervisors may impose such conditions as will, in its judgment, secure substantially the objectives of the standards and requirements of this article.
D.
Procedure for waiver or appeal. All requests for waivers or appeals shall be processed in accordance with the following:
(1)
A request for a waiver or appeal shall be submitted to the Township office on any business day. The request shall be made in writing and identify:
(3)
At least 45 days prior to the meeting scheduled by the Supervisors, the matter shall be referred to the Township Planning Commission for recommendations.
(4)
The Supervisors shall, following the consideration of the request, take such public action as it shall deem advisable.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Any person who shall violate any of the provisions of this article, or who shall fail to comply with any written notice from the Township, which describes a condition of noncompliance, shall be guilty of a summary offense and, upon conviction thereof, shall be subject to a fine payable to the Township of not more than $1,000 for each violation, recoverable with cost. In default of payment of the fine, such person shall be liable to imprisonment for not more than 90 days. A new and separate violation shall be deemed to be committed for each day after receipt of the aforesaid notice that such violation exists.
The making of an administrative decision by the Township or any of its officials or employees shall not constitute a representation, guarantee or warranty of any kind by the Township of the practicability or safety of any proposed structure or use, or any other matter, and shall create no liability upon or give rise to any cause of action against the Township and its officials and employees. The Township, by enacting this article, does not waive or limit any immunity granted to it by any applicable governmental immunity act, nor does the Township assume any liabilities or obligations.
All ordinances or parts of ordinances inconsistent with the provisions of this article are hereby expressly repealed. It is expressly provided that the provisions of this article shall not affect any act done, contract executed or liability incurred prior to its effective date, or affect any suit or prosecution pending or to be instituted to enforce any rights, rule, regulation or ordinance, or part thereof, or to punish any violation which occurred under any prior regulation or ordinance. In the event any violation has occurred under any prior regulation or ordinance of Conestoga Township, prosecution may be initiated against the alleged offender pursuant to the provisions of said prior regulation or ordinance, and the provisions and penalties provided in said prior regulation or ordinance shall remain effective as to said violation.
In the event any provision, section, sentence, clause or part of this article shall be held to be invalid, such invalidity shall not affect or impair any remaining provision, section, sentence, clause or part of this article, it being the intent of the Supervisors that such remainder of this article shall be and shall remain in full force and effect.
This article shall become effective five days after enactment by the Board of Supervisors of the Township of Conestoga as provided by law.