[Ord. 1998-12, 12/17/1998, § 700; as amended by
Ord. 2010-07, 7/1/2010, Art. II]
1.
The design standards and requirements outlined in this section will be utilized in determining the adequacy of all plans for proposed subdivisions and land developments, except for those located in the H1-SC, C-SC, UO, and APO Zoning Districts to which Part 8 shall apply.
2.
Development shall be planned, reviewed and carried out in conformance
with all Township, county, state, federal and other applicable laws
and regulations.
3.
Whenever other ordinances and regulations impose more restrictive
standards and requirements than those contained herein, the more restrictive
standards and regulations shall apply. Whenever the standards and
requirements contained herein are more restrictive than those imposed
in other ordinances and regulations, the more restrictive standards
and regulations herein shall apply.
[Ord. 1998-12, 12/17/1998, § 710]
1.
Land shall be suited for the purpose for which it is to be subdivided.
Land with unsafe, environmentally sensitive, or hazardous conditions
such as may have been identified in the Lower Macungie Township Comprehensive
Plan, though not limited to those features or mapping therein shall
not be subdivided unless adequate mitigation measures eliminate or
protect against these conditions.
2.
Consideration shall be given to applicable provisions of the Township
and County Comprehensive Plans, emphasizing future school sites, recreation
sites, water supply and sewage treatment systems, highway alignments,
and other public facilities. However, consideration must be given
to the need for the facilities and utilities mentioned above whether
or not they are proposed as part of a comprehensive plan.
[Ord. 1998-12, 12/17/1998, § 720; as amended by Ord. No. 2020-05, 10/1/2020]
1.
Block Layout.
A.
The length, width and shape of blocks shall be determined taking
the following factors into account:
B.
Residential blocks shall be no less than 500 feet in length or no
more than 1,600 feet in length.
C.
In the design of blocks longer than 1,000 feet, special consideration
shall be given to the requirements of satisfactory fire protection.
D.
Where practicable, blocks along arterial and collector streets shall
not be less than 1,000 feet long.
2.
Block Depth.
A.
Residential blocks shall be of sufficient depth to accommodate two
tiers of lots, except:
3.
Postal Service.
A.
All blocks within a proposed subdivision shall adhere to the most
recent and applicable United States Postal Service delivery standards
as confirmed by the Postmaster in the jurisdiction where the proposed
subdivision is located. Plans shall reflect adherence to these requirements
for postal service to the users/residents of the proposed subdivision.
4.
Commercial, Industrial and Planned Cluster Development Blocks.
A.
Blocks in commercial, industrial and planned cluster developments
may vary from the elements of design detailed above if required by
the nature of the use. In all cases, however, adequate provision shall
be made for traffic circulation, movement of emergency vehicles, off-street
parking and loading areas.
[Ord. 1998-12, 12/17/1998, § 730; as amended by
Ord. 2004-3, 2/5/2004; by Ord. 2006-2, 8/17/2006; by Ord. 2012-04,
7/19/2012, Arts. V–IX; by Ord. 2017-02, 1/19/2017; and by Ord. No. 2020-05, 10/1/2020]
1.
General Standards.
A.
The size, shape and orientation of lots shall be appropriate for the type of development and use contemplated, and in compliance with the Township Zoning Code (Chapter 27).
B.
Side lot lines shall be at right angles to street lines or radial
to curved street lines.
C.
Lot lines shall follow municipal boundaries rather than cross them
to avoid jurisdictional problems or conflicts.
D.
Except for single-family attached and semi-detached dwellings, the
depth of residential lots shall be neither less than one nor more
than three times their width.
E.
Depth and width of parcels intended for nonresidential uses shall
be adequate for the use proposed and sufficient to provide satisfactory
space for on-site parking, movement of emergency vehicles, loading
and unloading, setbacks, green space, landscaping, etc.
G.
No utility, stormwater or any other easement or right-of-way may
transect a subdivided residential lot. All such easements or rights-of-way
shall run directly parallel to side, rear or front lot line.
H.
No residential subdivision of three or more residential lots shall
design or propose vertical retention walls. Existing topography shall
be respected during the subdivision process in the creation of buildable
residential lots.
I.
No residential lot in a subdivision of three or more lots shall directly abut US Route 78, PA Turnpike Northeast Extension or PA Route 222. A residual open space buffer lot not less than 100 feet in depth shall separate any residential lot in a subdivision of three or more lots from the aforementioned roadways' right-of-way line. This lot shall include a Class C Buffer in compliance with the Township Zoning Code and its design guidelines (Chapter 27), which buffer may be credited against the Township's open space dedication requirements.
J.
In accordance with Township's Stormwater Management Codes (Chapters 22A, 23A and 23B), stormwater best management practices (BMPs) are required within certain watersheds and subdivisions.
(1)
The following stormwater and/or water quality BMPs are prohibited
on residential lots in subdivisions of three or more lots:
(a)
Rain gardens and bioretention facilities.
(b)
Vegetated filter strips.
(c)
Spray or drip irrigation.
(d)
Infiltration berms or basins.
(e)
Seepage pits and dry wells.
(f)
Subsurface infiltration beds.
(g)
Amended soils in any yard except the front yard.
(h)
Dry or wet retention and detention basins.
(i)
Trees for stormwater or reforestation credits outside the public
street right-of-way of a residential lot.
(2)
All required stormwater and water quality BMPs shall be located
on separate lots owned and maintained by a homeowners or community
association, or on lots offered for dedication to the Township, and
accepted by the Township.
K.
Any new subdivided residential lot shall include at least 20% additional total impervious cover in site design calculations for future additional permitted impervious surface on the lot to accommodate sheds, patios, decks, additions, pools, etc. Such additional impervious coverage allowance shall be calculated and designed in accordance with the Township Stormwater Management Codes (Chapters 23A, 23B and 23C) and all commonwealth and county requirements.
2.
Lot Frontage.
A.
All buildings designed or constructed for human occupancy or use
shall have direct access to a public street or to a private street
which is built to the street standards of this chapter.
B.
Double or reverse frontage lots shall provide adequate separation
of residential development building envelopes from collector or arterial
streets and overcome or compensate for disadvantages due to site topography
and other natural features of the proposed subdivision tract.
C.
All residential reverse frontage lots (and all corner lots with a
lot line along a street where reverse frontage is required) shall
have a yard with a minimum depth of 75 feet, measured along the shortest
distance from the proposed dwelling unit to the ultimate right-of-way
and shall, within such yard and immediately adjacent to the right-of-way,
have a planting screen easement of at least 10 feet in width, across
which there shall be no right of access.
3.
Bollards shall be provided at public building entrances and exits
along the interface where pedestrian traffic enters or exits driveways
or parking areas designated for vehicular traffic. Outdoor eating
and gathering areas shall also include installation of bollards along
vehicular access driveways and parking areas. Such bollards are intended
to provide for clear separation of vehicular and pedestrian traffic
as well as vehicle impact resistance. Bollards shall be required where
no curbing or depressed curbing is proposed and at outdoor eating
and gathering areas and shall comply with the following requirements:
A.
Constructed of steel not less than four inches and not greater than
eight inches in diameter and concrete filled;
B.
With a minimum clear spacing between bollards of four feet and maximum
clear spacing of five feet;
C.
Set not less than 42 inches deep in a concrete footing of not less
than 18 inches in diameter;
D.
Set with the top of the posts not less than three feet above the
ground;
E.
Aligned so as not to obstruct pedestrian travel in designated crosswalks
or on sidewalks;
F.
Of color and design consistent with individual sites and other developments
across the Township, and as approved by the Township Planning Director;
and
G.
Properly maintained with no visible rust or corrosion and kept in
uniform alignment.
[Ord. 1998-12, 12/17/1998, § 740; as amended by
Ord. 1999-17, 12/16/1999; by Ord. 2001-8, 11/15/2001; by Ord. 2006-2,
8/17/2006; by Ord. 2010-08, 9/2/2010, Art. XLV, XLVI and XLVII; and
by Ord. 2011-12, 10/6/2011]
1.
General Requirements.
A.
Proposed streets shall be properly related to the road and highway
plans of PennDOT and the Township Transportation Plan. Streets shall
be designed to provide adequate vehicular access to all lots or parcels
and with regard for topographic conditions, projected volumes of traffic,
and further subdivision possibilities in the area.
B.
The street system of a proposed subdivision or land development shall
be designed to create a hierarchy of street functions which includes
collector and local streets.
C.
The street system of a proposed subdivision or land development shall
be designed so as to minimize street intersections and pedestrian-vehicular
conflict points.
D.
Proposed local streets shall be designed so as to discourage through
traffic and excessive speeds. However, the developer shall give adequate
consideration to provision for the extension and continuation of arterial
and collector streets into and from adjoining properties.
E.
Future Street Access.
(1)
Where it is desirable to provide for street access to adjoining property, streets shall be extended by dedication to the boundary of such property. The streets shall meet the requirements of Subsection 7B.
(2)
If the lots in the development are large enough for re-subdivision, or if a portion of the tract is not subdivided, suitable access and street openings for such an eventuality shall be provided. The openings shall be at intervals consistent with the block length standards of § 22A-703, Subsection 2.
F.
Where a subdivision or land development abuts an existing road with a right-of-way and/or cartway width not meeting the requirements of Subsection 2A, sufficient right-of-way shall be dedicated so that the distance between the edge of the right-of-way and the road center line equals 1/2 of the required width, and/or the cartway will be widened as per the specifications of this chapter so that the distance between the edge of the cartway and the road center line equals 1/2 of the required width. Where a subdivision or land development abuts an existing road not meeting the requirements of Subsection 3 or 6, sufficient right-of-way to correct the alignment deficiency shall be dedicated. A deed covering the land to be dedicated shall be provided along with an opinion of title from a title insurance company or an attorney which indicates that clear title exists for the land being dedicated.
G.
Where a subdivision or land development abuts or contains an arterial
road, the use of marginal access streets, reverse frontage lots, or
other such treatment as will provide protection for abutting properties,
reduction in the number of intersections with the arterial street,
and separation of local and through traffic shall be required.
H.
Private streets (streets not to be offered for dedication) shall
meet the street design and improvement standards set forth in this
chapter. In addition, when a private street is proposed, the developer
shall provide the Township with proposed deed covenants, in a form
satisfactory to the Township, obligating the owners of all lots to
be served by the street to provide, at their expense, perpetual street
maintenance including timely snow removal.
I.
Traffic Signs. All traffic signs shall conform to the details and
designs found in PennDOT Publication 236M, which is given legal authority
under 67 Pa.Code, Chapter 211. All traffic signs shall be made of
high intensity or high performance sheeting. (Type III or Type IV).
See specifications in PennDOT Publication 408M.
2.
Street Right-Of-Way and Cartway Width.
A.
Street right-of-way and cartway width in proposed subdivisions shall
conform to the standards in the following table:
|
Type of Road
|
Local
|
Collector
|
Arterials and Expressways
| |
|---|---|---|---|---|
|
Land Use
|
Single-Family Detached Dwellings
|
All Other Uses
|
All Uses
|
All Uses
|
|
Right-of-Way Width
|
50 feet
|
60 feet
|
80 feet
|
100 feet (greater widths as per American Association of State
Highway Transportation Officials (AASHTO) and PennDOT design standards
may be required.)
|
|
Cartway Width
|
30 feet
|
36 feet
|
38 feet
| |
B.
If a local road serves a mixture of single-family detached dwellings
and other uses, the standards for the other uses above will be applicable.
3.
Horizontal Curves.
A.
Whenever street center lines are deflected more than 5° within
500 feet, connection shall be made by horizontal curves.
C.
A minimum tangent of 100 feet shall be required between reverse curves
on all streets. A minimum tangent of 75 feet shall separate horizontal
curves from intersections, as measured from the point of intersecting
center lines.
4.
Street Grades.
A.
There shall be a minimum center-line grade on all streets of 0.75%.
C.
Intersections shall be approached on all sides by leveling areas.
Such leveling areas shall have a minimum length of 75 feet (measured
from the intersection of the center lines), within which no grade
shall exceed a maximum of 4%.
D.
Cross-slopes for roadways and parking lanes shall be 3% and cross-slopes
for shoulders shall be 6%.
5.
Vertical Curves.
6.
Street Intersections.
A.
Streets shall intersect at right angles whenever practicable. Where
intersections involve collector or arterial streets, the angle of
intersection at the street center lines shall in no case be less than
75°. No two streets shall intersect with an angle of intersection
at the center line of less than 60°.
B.
Intersections involving the junction of more than two streets shall
be prohibited.
C.
Two streets intersecting a third street from opposite sides shall
either intersect with a common center line or their center lines shall
be offset according to the following standards:
(1)
The two streets shall be separated by a distance of 150 feet
between center lines measured along the center line of the street
being intersected when all three streets involved are local streets.
(2)
The two streets shall be separated by a distance of 400 feet
between center lines measured along the center line of the street
being intersected when one or more of the streets involved is a collector
street.
(3)
The two streets shall be separated by a distance of 800 feet
between center lines measured along the center line of the street
being intersected when one or more of the streets involved is an arterial
street.
D.
Street curb intersections shall be rounded by a tangential arch with
a minimum radius of:
E.
Street right-of-way lines, whenever possible, shall be parallel to
(concentric with) curb arcs at intersections.
(1)
Street right-of-way lines at intersections shall be rounded
by a tangential arch with a minimum radius of 15 feet.
F.
In addition to the clear sight triangle requirements found in the Zoning Ordinance [Chapter 27] of Lower Macungie Township, PennDOT sight triangles shall be provided for all Township roads, PennDOT roads, and private driveways, including driveways within mixed-use developments. Such clear sight triangles shall be in accordance with PennDOT's sight distance requirements as specified in the latest edition of PennDOT's Publication 13M, "Design Manual, Part 2, Highway Design. "Within such triangles, no object greater than two feet in height and no other object that would obscure the vision of the motorist shall be permitted.
[Amended by Ord. 2017-02, 1/19/2017]
G.
Wherever a portion of the line of such triangles occurs within the
proposed building setback line, such portion shall be shown on the
final plan of the subdivision, and shall be considered a building
setback line. Signs and landscaping which would obscure vision shall
not be placed within the clear sight triangle area.
7.
Culs-de-sac, Dead-End Streets and Stub Streets.
B.
Stub streets may be constructed for future access to an adjoining property or a subsequent section of the development. Stub streets shall be built to the standards of Subsection 2A. The length of stub streets shall not exceed the depth of one lot. No more than one lot shall front on each side of the stub street. These lots shall also have full frontage along another public street.
C.
Culs-de-sac (temporary and permanent), loop roads, and other street
networks which have a single point of access to the surrounding road
network shall not serve more than 25 dwelling units and shall not
exceed a total length of more than 1,000 feet as measured from the
center line of the intersection at the single point of access to the
farthest point served. Permanent culs-de-sac shall be limited to one
per subdivision.
D.
All cul-de-sac streets, whether permanently or temporarily designed
as such, shall be provided at the closed end with a fully paved turnaround.
The turnaround may be offset to the left, but turnarounds offset to
the right shall be prohibited.
(1)
The minimum radius to the pavement edge or curb line shall be
50 feet, and the minimum radius of the right-of-way line shall be
60 feet.
(2)
The radius of the right-of-way line return between the bulb
and stem of culs-de-sac shall be a minimum of 150 feet. The curb line
or pavement edge radius shall be a minimum of 160 feet.
E.
Islands, whether containing plantings or not, shall be prohibited
within the bulb of the cul-de-sac.
F.
The grade of the cul-de-sac bulb shall not exceed 5% as measured
from the center of the cul-de-sac bulb to any perimeter point of the
bulb.
G.
Temporary culs-de-sac may be permitted to allow connection to an
adjoining property or a subsequent section. Temporary culs-de-sac
shall meet the following standards.
(1)
The lots along the bulb of the cul-de-sac shall meet the lot width and lot size requirements of the Zoning Ordinance [Chapter 27], after the bulb has been removed and the road has been extended.
(2)
The temporary cul-de-sac shall extend to the edge of the adjoining
property to which future access is to be provided.
8.
Street Names.
A.
Proposed streets which are in alignment with others already existing
and named shall bear the names of existing streets.
B.
In no case shall the name of a proposed street duplicate an existing
street name in the Township and in the postal district, irrespective
of the use of a suffix such as street, road, avenue, boulevard, driveway,
place, court, lane, etc.
C.
All street names shall be subject to the approval of the Township
Commissioners.
D.
Street Thoroughfare Name Signs.
(1)
Lettering. The standard height for lettering on post-mounted
street name signs shall be six inches. The capital letters shall be
used. The maximum length of the street name sign shall be 36 inches.
The minimum height shall be eight inches. (See street sign, Figure
22A-7-1).
|
Figure 22A-7-1
 |
(2)
Color. The legend and border on a street name sign shall be
in reflectorized white on a reflectorized green background. All street
name signs shall be made of high intensity or high performance sheeting.
(Type III or Type IV). See specifications in PennDOT Publication 408M.
(3)
Placement.
(a)
Street name signs shall be placed on diagonal corners on streets
with nonresidential uses and along all collector and arterial status
roads on at least one corner on residential streets.
(b)
In commercial zones, the signs should be placed on the far right
corners of intersections as seen from the major approaches. At any
corner where street name signs are erected, a sign naming each street
that intersects the corner shall be included. Each sign shall be placed
with its face parallel to the street it names, as close to the corner
as practical, but with its face and side edge at least one foot, preferably
two feet, back from the nearest curb line. The bottom edge of the
lower sign on the post shall be at least seven feet above the top
of the curb at locations where there may be pedestrian activity. Street
name signs shall not be installed on posts used for stop or yield
signs.
(4)
Street Name Signs on Traffic Signal Mounts. Street name signs
shall be placed overhead on traffic signal mounts at new and redesigned
signal installations. Street name sign lettering shall be as per current
PennDOT standards.
(6)
Compliance. All material data sheets shall be submitted to the
Township Engineer demonstrating compliance with this paragraph.
9.
Sidewalks, Curbs and Bikeways.
A.
Sidewalks (or bikeways in accordance with Subsection 9E, below) and
curbs shall be required on both sides of all streets. Sidewalks (or
bikeways in accordance with Subsection 9E below) and curbs shall be
required adjacent to parking areas in multi-family developments.
B.
Sidewalks shall be in the street right-of-way. There shall be a grass
strip of a minimum of five feet between the back face of the curb
and the sidewalk. Sidewalks shall be a minimum of four feet wide,
except along collector and arterial streets, and adjacent to shopping
centers, schools, recreation areas, other community facilities, and
multi-family dwellings, where they shall be a minimum of five feet
wide.
C.
A comprehensive interior walkway system may substitute for sidewalks
as required in this subsection. Where a separate bike path is constructed
pursuant to Subsection 9E, no sidewalk will be required.
D.
Bikeways shall be provided for all subdivisions or land developments which (a) front on a bicycle path route or through which a bicycle pathway passes, according to the Lower Macungie Township Bicycle and Pedestrian Pathway Plan, December 1998 (attached to the Zoning Ordinance of 1998 [Chapter 27]), or (b) the Board of Commissioners deem more appropriate than sidewalks in a particular case.
|
Bikeways shall be provided according to the following standards:
|
(1)
Bikeways shall be separated from the cartway, though contained
in the right-of-way.
(2)
Bikeways shall be six feet in width.
(3)
The outer edge of the bikeway shall be located one foot from
the edge of the right-of-way.
(4)
The area separating the bikeway from the road cartway shall
be maintained in grass.
(5)
Pedestrian walkways, sidewalks, and bikeways shall be established
before the issuance of any occupancy permit for the structures situate
on the lot encumbered by such pedestrian walkways, sidewalks, and/or
bikeways.
(6)
When a bikeway ends at a property line or at any structure,
hill, or other physical obstruction to bicycle or pedestrian travel,
the end of the bikeway surface shall be constructed to directly connect
to the adjacent road cartway surface in a manner safe for pedestrians
or cyclists (such as including a road- or hill-cut if necessary).
[Ord. 1998-12, 12/17/1998, § 750; as amended by
Ord. 2011-12, 10/6/2011]
1.
Each proposed building lot or proposed land development shall be
provided with sanitary sewage disposal in accordance with the following
requirements:
A.
Public Sanitary Sewage Systems.
(1)
Existing Public Sanitary Sewage Systems.
(a)
Each subdivision which is within 1,000 feet of an existing public
sanitary sewage system shall be connected by the developer to such
system, unless such connection is not technically feasible, or the
subdivision is located in the Agricultural Zoning District or the
Rural Zoning District to the west of Route 100.
(b)
Any such connection shall be in accordance with the provisions
of:
(2)
Proposed Public Sanitary Sewage Systems.
(a)
Each proposed subdivision or proposed land development any portion
of which is within 1,000 feet of:
1)
Any proposed public sanitary sewage system for which Lower Macungie
Township has indicated in writing to the developer its intention to
extend any portion thereof to within 1,000 feet of any lot or portion
thereof within five years.
2)
Any portion of any proposed public sanitary sewage system in
the Lower Macungie Township Comprehensive Plan.
3)
Any portion of any other public sanitary sewage system proposed
by the Lower Macungie Township Board of Commissioners to be constructed
within five years.
(b)
Shall, unless ultimate connection to the proposed public sanitary
sewage system would be technically unfeasible, be connected to a "dry"
sanitary sewage system, including lateral connectors as will be necessary
to provide service to each lot, suitably capped until connection to
the public sanitary sewage system can be made, unless it is located
in the Agricultural Zoning District or the Rural Zoning District to
the west of Route 100.
(c)
Any such connection shall be in accordance with the standards
of:
B.
On-Lot Sewage Disposal Systems.
(2)
Any such on-site sewage disposal system shall be in accordance
with the standards of:
(4)
Each preliminary and final plan shall include an annotation
expressly imposing a covenant running with the land, respecting each
proposed building lot for which an on-lot sewage disposal system is
proposed, stating that:
(a)
Lower Macungie Township makes no warranty or representation
that on-lot sewage disposal will be available for such lots.
(5)
Each new lot using an on-lot sewage disposal system shall include
a tested replacement area meeting all DEP regulations which shall
be kept available for use, if needed.
[Added by Ord. 2014-09, 8/21/2014]
C.
Sanitary Sewer Design Criteria.
(1)
All sewer lines shall be located in public streets, generally
parallel to curb lines, and a minimum of eight feet from the face
of curb.
(2)
Where sewer lines must be located within easements, the following
provisions shall apply:
(a)
Minimum easement width shall be 25 feet for the sewer line and
30 feet if the easement area is shared with another utility.
(b)
Sewer lines shall be a minimum of 10 feet from easement line.
(c)
Sewer lines shall be ductile iron pipe.
(d)
Deeds of easement shall include provisions that easement area
will remain level and free of fences, trees, shrubs, and other obstructions.
(e)
Service lateral connections will not be permitted within the
easement area.
(3)
Sewer lines shall be extended along existing public streets
for the full frontage of the property being developed.
(4)
Sewer lines shall not be located within detention basin areas.
(5)
Sewer lines shall be deep enough to serve basements of proposed
residences. Basement elevations must be indicated on the sewer line
profile.
(6)
Wherever possible, utility line crossings shall be avoided.
Where crossings are required, the following provisions shall apply:
(7)
Manholes less than seven feet deep shall be designed with a
precast flat slab top in lieu of a cone section.
(8)
Manholes shall not exceed 14 feet in depth.
(9)
Sewer lines in excess of 14 feet deep shall be ductile iron
pipe.
(11)
Sewer lines shall be designed with vertical drops through manholes
less than 0.5 of a foot or greater than three feet. Drop connections
shall be provided for vertical drops greater than three feet.
(12)
Sewer laterals shall not be connected directly to manholes.
(13)
Sewage pumping stations shall be avoided wherever possible.
(14)
In the event a pumping station is required, the developer shall
establish an escrow fund, acceptable to the Township Solicitor and
Board Commissioners, regarding maintenance for the life of the station.
(15)
Manholes shall be numbered in accordance with the Township standardized
numbering system.
[Ord. 1998-12, 12/17/1998, § 760; as amended by
Ord. 2006-2, 8/17/2006]
1.
Each proposed building lot or proposed land development shall be
provided with water supply in accordance with the following requirements:
A.
Public Water Supply Systems.
(1)
Each subdivision which is within 1,000 feet of an existing public
water supply system shall be connected by the developer to such system,
unless such connection is not technically feasible, or is located
in the Agricultural Zoning District or the Rural Zoning District to
the west of Route 100.
(2)
Any such connection shall be in accordance with the provisions
of:
(b)
Lower Macungie Township Ord. 81-83, incorporating the agreement
between the Township and the Lehigh County Authority dated February
10, 1981, as thereafter amended.
(c)
Section 22-403, Subsection 5F, of this chapter.
(d)
The water quality regulations of the Pennsylvania Department
of Environmental Protection.
(4)
Fire hydrants with water supply for fire protection shall be
provided in all subdivisions and land developments connected to a
public water supply system. No portion of any structure shall be located
more than 600 feet from a fire hydrant (measured along the edge of
right-of-way from the hydrant to the structure), and each part of
each structure shall be located within the service area of at least
one fire hydrant. For purposes of the preceding sentence, the service
area of a fire hydrant shall man the area (considering all three dimensions)
which can be serviced from the fire hydrant by the primary fire company
or department providing protection to the structure, considering topography,
location of structures. Fire company equipment, and all other relevant
factors. In addition to the foregoing requirements, no portion of
a structure shall be located further from a fire hydrant than required
under the then-current standards of the national codes issued by the
National Fire Protection Association and by the Building Officials
and Code Administrators, International, Inc.
(5)
All proposed building lots for and all multi-family residential,
commercial and industrial uses shall be provided by the developer
with an adequate public water supply. Reference is made to applicable
codes adopted by the Township that are in effect.
B.
On-Lot Water Supply Systems (Wells).
(1)
An on-lot water supply system or well shall be provided only for each lot that cannot feasibly be connected to an existing public water supply system under Subsection 1A(1).
(2)
Any such on-site water supply system shall be in accordance
with the standards of:
(b)
Lower Macungie Township Ord. 81-83, incorporating the agreement
between the Township and the Lehigh County Authority dated February
10, 1981, as thereafter amended.
(c)
Section 22-403, Subsection 5F, of this chapter.
(d)
Any water quality regulations of the Pennsylvania Department
of Environmental Protection.
(3)
No proposed building lot for and no proposed multi-family residential,
commercial or industrial uses shall be served by an on-lot water supply
system or well.
(4)
Each preliminary and final plan shall include an annotation
expressly imposing a covenant running with the land, respecting each
proposed building lot for which an on-lot water supply system is proposed,
stating that:
(a)
Lower Macungie Township makes no warranty or representation
that on-lot water supply will be available for such lots.
[Ord. 1998-12, 12/17/1998, § 770; as amended by
Ord. 1999-17, 12/16/1999; by Ord. 2006-2, 8/17/2006; and by Ord. 2011-12,
10/6/2011]
1.
Storm drainage systems shall be provided in order to:
B.
Ensure adequate drainage of all low points along the line of streets.
C.
Intercept stormwater runoff along streets at intervals related to
the extent and grade of the area drained.
D.
Provide positive drainage away from on-site sewage disposal systems.
E.
Take surface water from the bottom of vertical grades, to lead water
from springs and to avoid excessive use of cross-gutters at street
intersections and elsewhere.
F.
Prevent overloading of downstream drainage systems and watercourses
as a result of increased rate of runoff caused by the proposed development.
2.
General Requirements.
A.
A site drainage plan for the proposed subdivision or land development
tract shall be prepared which illustrates the following information:
(1)
Mapping of the watershed area or areas in which the proposed
subdivision or land development is located.
(2)
Calculations of runoff for all points of runoff concentration.
(3)
Complete drainage systems for the subdivision. All existing
drainage features which are to be incorporated in the design shall
be so identified. If the subdivision or land development is to be
developed in stages, a general plan for the entire subdivision shall
be presented with the first stage and appropriate development stages
for the drainage system shall be indicated.
B.
The existing points of natural drainage discharge and the mode of
drainage discharge and the mode of drainage conduct onto adjacent
property shall not be altered, unless:
(1)
Written consent of affected landowner is obtained by the applicant
with agreement filed on record plan.
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 other private properties or
public lands.
D.
Where a subdivision is traversed by watercourses other than permanent streams, there shall be provided on the subdivision plan, a drainage easement conforming substantially with the line of such watercourse which shall be offered to the Township for dedication. The width of the easement shall be adequate to provide for unimpeded flow of storm runoff based on calculations made in conformance with Subsection 3 and to provide a freeboard allowance of 1/2 foot above the design water surface level. Periodic cutting and maintenance of the vegetation by the landowner and the alteration, obstruction or encroachment of any kind is prohibited with easements.
E.
Drainage structures that are located on state highway rights-of-way
shall be approved by the Pennsylvania Department of Transportation
and a letter from that office indicating such approval shall be included
with the preliminary plan application.
F.
All streets shall be so designed as to provide for the discharge
of surface water from their rights-of-way.
G.
When natural drainage swales on the site cannot adequately provide for drainage, open channels may be constructed conforming substantially to the line and grade of such natural drainage swales. Capacities shall be calculated using the Manning equation as explained in the Stormwater Management Ordinances [Chapters 23A and 23B], as currently amended, applicable to the site.
H.
Storm drainage facilities and appurtenances shall be so designed
and provided as to minimize erosion in watercourse channels and at
all points of discharge.
I.
Developers shall demonstrate, with design detail, a means of safely
transporting stormwater to the nearest watercourse. This demonstration
shall include an analysis of pipe, culvert, and swale capacities,
taking into account current flows in two-, five-, twenty-five-, and
one-hundred-year storm events.
3.
Calculation of Storm Runoff and Design Storm Frequency.
A.
Storm drainage systems required by this chapter shall be designed
to provide protection from a two to one-hundred-year storm as determined
by the Township. If the site of the subdivision or land development
is within a watershed with an approved Stormwater Management Plan
enacted pursuant to Act 167, the criteria in the applicable plan shall
be used.
(1)
A ten-year design storm is appropriate where a storm in excess
of the design storm will have minor impact such as inconvenience to
traffic on local streets.
(2)
A twenty-five-year design storm is appropriate where a storm
in excess of the design storm will cause major inconvenience to people
and traffic in high use areas such as business districts and along
collector or arterial roads.
(3)
A one-hundred-year design storm is appropriate where a storm
in excess of the design storm will cause damage to existing or future
structures or their contents.
(4)
Any downstream analysis conducted to determine adequacy for
accepting increased rates of runoff shall consider the one-hundred-year
storm event.
(5)
The design or analysis of all natural or man-made overland drainage systems shall have adequate capacity for the ten- to one-hundred-year return storm as indicated above and shall further consider the two-year storm event for velocity. Permissible velocities are indicated in the Stormwater Management Ordinances [Chapters 23A and 23B], as currently amended, applicable to the site.
B.
Stormwater runoff from watersheds of 200 or less acres shall be calculated by the rational method as described in Manual Number 37 of the American Society of Civil Engineers, except as the watershed size criteria may be modified by an approved Act 167 Stormwater Management Plan. The rational method of runoff calculation is explained in the Stormwater Management Ordinances [Chapters 23A and 23B], as currently amended, applicable to the site.
C.
Stormwater runoff from watersheds of more than 200 acres shall be
calculated using the soil cover complex method developed by the Soil
Conservation Service or other appropriate method acceptable to the
Township Engineer.
D.
The design of any detention facility shall be verified by routing
the proposed post-development hydrograph through the basin using a
storage indication technique.
E.
The Manning equation, as described in the Stormwater Management Ordinances [Chapters 23A and 23B], as currently amended, applicable to the site, shall be used in calculating capacities of watercourses and storm sewers, except culverts which shall be designed using methods acceptable to the Township Engineer.
F.
Complete detailed drainage calculations and applicable charts and
nomographs certified by the design engineer shall be submitted to
the Township Engineer.
4.
Stormwater Detention.
A.
Stormwater detention facilities shall be used for all subdivisions
and/or land development proposals unless the following three criteria
have been met:
(1)
The proposed rate and volume of runoff can be accommodated by all downstream fixed pipe or surface drainage systems in accordance with Subsection 3A(4).
(2)
Written permission has been granted by the adjoining downstream
tenant where runoff discharges onto the adjoiner overland, via a surface
drainage system.
B.
Whenever stormwater detention facilities are required under Subsection 4A, the maximum post-development peak rates of flow shall be governed by the following provisions:
(1)
Post-development rates of runoff for the one- through one-hundred-year
storm events shall not exceed pre-development rates.
(2)
Within watersheds for which there is an approved Act 167 Stormwater Management Plan, the detention facilities shall at minimum be designed to discharge post-development peak runoff rates consistent with the plan criteria except in the instance of off-site detention facilities implemented as per Subsection 4B(4).
(3)
Within watersheds for which there is not an approved Act 167 Stormwater Management Plan, the detention facilities shall be designed to provide that the peak rate of runoff at all points of discharge from the site, when developed, will not exceed the peak rate of runoff at each of those points prior to development, with the exception of the instance of off-site detention facilities implemented as per Subsection 4B(4).
(4)
In certain instances, regional detention facilities to provide
runoff control for multiple development sites may be implemented in
lieu of individual development site detention basins. Peak runoff
rates of discharge from a regional detention basin shall be based
upon maintaining existing peak runoff rates for the tributary area,
except that other criteria for discharge may apply for regional detention
facilities located within a watershed with an approved Act 167 Stormwater
Management Plan. Any developer relying upon regional detention facilities
in lieu of on-site controls shall pay a fee to the owner of the regional
facility (presumably the Township) in proportion to the share of total
storage volume required by the development and provided by the basin.
C.
Where detention facilities are included as part of the storm drainage
system, the following provisions will apply:
[Amended by Ord. 2016-05, 3/17/2016; by Ord. 2017-02, 1/19/2017; and by Ord. No. 2020-05, 10/1/2020]
(1)
All retention and detention ponds, except for those incorporating
an infiltration function, spray irrigation system or a wet pond, shall
be designed so that they return to normal conditions within 12 hours
after the termination of the storm, unless the Township Engineer finds
that downstream conditions may warrant other design criteria for stormwater
release.
(2)
The developer shall demonstrate that such ponds are designed,
protected and located to assure that public safety is maximized and
health problems minimized. The following minimum criteria shall apply:
(a)
Top berm width shall be a minimum of 10 feet.
(b)
Side slopes shall be six horizontal to one vertical or flatter.
If the retention or detention facility is to be privately owned and
have a permanent wet bottom pond with naturalized low growing vegetation,
then the maximum slope shall be 4 1/2 horizontal to one vertical
or flatter.
(c)
Any pond that may, as designed, impound water to a depth in
excess of 48 inches (as measured to the water surface elevation during
the 100-year storm) shall be enclosed with:
1)
A four-foot-high durable chain-link fence, high grade black
vinyl clad with high grade black painted posts, cross-members, black
bottom rail and hardware.
2)
In Commercial or Industrial Zoning Districts identified in the Township Zoning Code (Chapter 27), a four-foot-high high-quality post-and-rail lumber, Trex or equivalent material fence of an acceptable earth-tone color with high grade durable black vinyl coated mesh barrier and bottom rail along the mesh.
3)
A fence approved by the Board of Commissioners as equivalent.
(d)
All ponds shall be naturalized as required by the Township Zoning Code and Design Guidelines (Chapter 27). Plantings shall include attractive vegetation placed throughout the basin and appropriately chosen for wet areas, slopes or at berms with appropriate Ernst seed mixes. The Board of Commissioners may require vegetative buffers to residential areas or other uses where deemed necessary and recommended by the Township Planning Director in consultation with the Township Engineer and Township Zoning Officer.
(e)
All ponds which are designed with a permanent water level shall
incorporate one or more of the following fly and mosquito control
provisions:
1)
Aeration, such as fountains, may be proposed as a means of reducing
stagnant conditions necessary for flies and mosquitos to breed.
2)
Fish may be stocked in ponds with a permanent water level of
sufficient surface area and depth to support a healthy fish population.
A fish stocking and management plan shall be submitted with the application
for approval.
(f)
All detention and retention ponds, except those that incorporate
an infiltration function, shall incorporate an impervious clay liner
or a synthetic liner with maximum permeability rates as outlined for
clay liners in this chapter and as approved by the Township Engineer.
(g)
Fencing and screening of retention and detention ponds shall
be in place before the issuance of any occupancy permit for a land
development or subdivision utilizing such retention or detention ponds.
(h)
Whenever a retention or detention pond is located on lands open
space or recreation land (as defined in § 22A-202 of this
chapter), the retention or detention pond area and the open space/recreation
area(s) shall be located on separate lots such that the retention
or detention pond area and the open space/recreation land area(s)
can each be separately offered for dedication to the Township.
(3)
The developer shall verify that the operation of the retention
or detention facility will not increase potential downstream peak
conditions.
(4)
Emergency overflow facilities shall be provided for retention
and detention facilities to handle runoff in excess of design flows.
(5)
If the lands of the proposed land development will remain in
common ownership, the developer shall provide an annotation on the
record plan imposing a covenant running with the land requiring perpetual
maintenance of the retention or detention pond by either a community
or homeowners association or by the owner of the development.
(6)
If the lands of the proposed land development will be conveyed
to two or more separate owners, the developer shall, at the option
of the Township, either provide an annotation on the record plan imposing
a covenant running with the land requiring perpetual maintenance of
the retention or detention pond by either a community or homeowners
association, or by the lot owners, or shall dedicate the land on which
the retention or detention ponds are located to the Township which
shall then be responsible for maintaining the retention or detention
ponds.
(7)
All retention and detention ponds shall provide for access for
maintenance and repair, appropriate gates, stable access drives with
materials approved by the Township Engineer such as geo-grid or equivalent
materials. All such proposed access drives shall be reviewed and approved
by the Township Engineer.
[Ord. 1998-12, 12/17/1998, § 780; as amended by
Ord. 2006-2, 8/17/2006; and by Ord. 2011-12, 10/6/2011]
1.
Electric Utility Easement Lines. In accordance with a Pennsylvania
Public Utility Commission order of July 8, 1970, all electric utility
distribution lines shall be installed underground in subdivisions
or land developments of five or more dwelling units. In addition,
the following design standards shall be observed:
A.
Whenever practicable, telephone and cable TV utilities shall also
be installed underground.
B.
Whenever practicable, trenches through utility easements shall be
occupied jointly by electric, gas, water, sewage and communication
utilities.
C.
All utility lines servicing commercial and industrial developments
shall be installed underground.
2.
Utility Easements.
A.
Utility easements shall be provided for wire, conduits, sanitary
sewers, gas and water mains and/or other utility lines intended to
service the abutting lots. No structures shall be placed within such
easements, except structures associated with the utilities.
B.
Utility easements shall be located either:
(1)
Abutting the street right-of-way. In this case, a minimum easement
width of 10 feet shall be required.
(2)
Along rear or side lot lines. In this case, a minimum easement
width of 20 feet, 10 feet on each side of the lot line, shall be provided.
Where the lot line coincides with the subdivision or land development
boundary, a minimum easement width of 10 feet is required.
(3)
A twenty-foot wide construction easement shall be required adjacent to the right-of-way (or anticipated right-of-way) of any flag lot (see, § 22A-704, Subsection 1, of this chapter) or any lot or portion thereof which, in the opinion of the Township, could possibly serve future subdivision of the property.
(4)
Each record plan for a subdivision or land development shall
include the following note:
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"In accordance with Lower Macungie Township Ord. 2003-13, the
developer/applicant, upon notifying public or private utilities of
the opportunity to serve such subdivision/land development, shall
also notify all cable operators licensed to operate a cable system
in the Township of the opportunity to install cable facilities to
serve that subdivision or land development."
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3.
Petroleum Transmission Lines.
A.
No company intending to install any petroleum, petroleum products
or natural gas transmission lines shall be allowed to construct the
line on less than a fifty-foot right-of-way, such line to be installed
in the center of the right-of-way, and shall comply with the applicable
standards imposed by state and federal laws and regulations.
B.
There shall be a minimum distance of 25 feet between any proposed
dwelling unit and any petroleum, petroleum products or natural gas
transmission right-of-way line which traverses the subdivision, but
in no event less than 50 feet from any petroleum or natural gas transmission
line.
4.
Easement Maintenance. All surface and subsurface easements required
by this chapter or shown on the record plan shall be kept clear of
any and all structures and obstructions including, but not limited
to, buildings, fences, trees, shrubs, driveways and berms. Grades,
once established on the approved plan, shall not be altered without
approval by the Board of Commissioners.
5.
Easements Located on Township Recreation and Open Space Land.
A.
The following note shall appear on the preliminary plan and the record
plan of all subdivisions and land developments which contain land
to be dedicated to the Township:
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"With respect to any land of a subdivision or land development
to be conveyed or granted by deed of dedication or deed of easement
to Lower Macungie Township for any detention pond, or for any recreation
or open space areas, no easements or rights of way of any kind, including
those required by public or private utilities, shall be granted by
the landowner or applicant to any person or entity other than Lower
Macungie Township. Any grants of easements or other rights of land
or any modifications to the quality of title of the land made subsequent
to the Board Commissioners' approval of such preliminary plan
shall be null and void."
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B.
The quality of title of such land shall be demonstrated in the preliminary plan [see § 22A-403, Subsection 4J(14), above] and such quality of title shall not be altered subsequent to the approval of the preliminary plan by the Board of Commissioners of the preliminary plan, except as provided below.
C.
Modifications or waivers of the prohibitions of Subsection 5A.
(1)
Any modification or waiver (pursuant to § 22A-1106 below) of the prohibitions stated in Subsection 5A, above, that is granted by the Board Commissioners subsequent to the approval of a preliminary plan, shall be made by request to and resolution by the Board and need not require a resubmission of the plan (unless the Board finds that granting such a waiver would constitute a substantial change to the original plan and therefore directs that the plan must be resubmitted and re-reviewed, in the usual manner provided in this chapter, before the waiver can be considered).
(2)
Any easements or rights-of-way that are permitted by the Board granting such a waiver under Subsection 5C(1) after the approval of the preliminary plan, shall be reflected in (as is applicable) either:
(a)
A revised preliminary plan to be filed with the Township within
30 days of the grant of such waiver, which plan shall include a note
making reference to the specific resolution of the Board that granted
the waiver.
(b)
A revised record plan to be filed of record within 30 days of
the grant of such waiver, which plan shall include a note making reference
to the specific resolution of the Board that granted the waiver.
[Ord. 1998-12, 12/17/1998, § 790; as amended by
Ord. 1999-17, 12/16/1999; by Ord. 2000-5, 5/4/2000; by Ord. 2006-2,
8/17/2006; by Ord. 2010-08, 9/2/2010, Art. XLIX; and by Ord. 2011-12,
10/6/2011]
1.
Erosion and Sediment Control.
A.
General Standards.
(1)
No changes shall be made in the contour of the land; no grading,
excavating, removal or destruction of the topsoil, trees or other
vegetative cover of the land shall be commenced within a proposed
subdivision or land development tract until such time that a plan
for sedimentation control and minimizing erosion has been reviewed
and found satisfactory by the Lehigh County Conservation District
and reviewed and approved by the Township, or there has been a determination
by the Township, upon recommendation by the Lehigh County Conservation
District, that such plans are not necessary.
(2)
Measures used to control erosion and reduce sedimentation shall
meet the standards and specifications of the Lehigh County Conservation
District as set forth in the County Erosion and Sediment Control Handbook.
The Township Engineer, or other officials as designated, shall ensure
compliance with the appropriate specifications, copies of which are
available from the District.
B.
Performance Principles.
(1)
The following measures are effective in minimizing erosion and
sedimentation and shall be included where applicable in the control
plan:
(a)
Stripping of vegetation and grading shall be kept to a minimum.
(b)
Development plans shall preserve significant natural feature,
keep cut and fill operations to a minimum, and ensure conformity with
topography so as to create the least erosion potential and adequately
handle the volume and velocity of surface water runoff.
(c)
Whenever feasible, natural vegetation shall be retained, protected
and supplemented.
(d)
The disturbed area and the duration of exposure shall be kept
to a practical minimum.
(e)
Disturbed soils shall be stabilized by permanent vegetation
and/or by mechanical erosion control and drainage measures as soon
as practicable in the development process.
(f)
Temporary vegetation and/or mulching shall be used to protect
exposed critical areas during development.
(g)
Provisions shall be made to effectively accommodate in the increased
runoff caused by soil and surface conditions during and after development.
Where necessary, the rate of surface water runoff will be mechanically
retarded.
(h)
Sediment in the runoff water shall be trapped until the disturbed
area is stabilized by the use of debris basins, sediment basin, silt
traps, or similar measures.
C.
Grading for Drainage.
(1)
In order to provide more suitable sites for building and other
uses, improve surface drainage and control erosion, the following
requirement shall be met:
(a)
All lots, tracts or parcels within a proposed subdivision or
land development shall provide proper drainage away from buildings
and dispose of surface water without ponding, except where an alternative
drainage system drainage patterns shall be preserved wherever possible.
(b)
Cut and fill slopes shall not be steeper than 3:1 unless stabilized
by a retaining wall or cribbing.
(c)
Adequate provisions shall be made to prevent surface water from
damaging the cut face of excavations or the sloping surfaces of fills.
(d)
Cut and fills shall not endanger adjoining property.
(e)
Fill shall be placed and compacted so as to minimize sliding
or erosion of the soil.
(f)
Fills shall comply with the requirements of Flood Prone Area Regulations of Lower Macungie Township [Chapter 27, Appendix 27A], and any amendments thereto.
(g)
Fills placed adjacent to natural water courses or constructed
channels shall have suitable protection against erosion during periods
of flooding.
(h)
Grading will not be done in such a way as to divert water onto
the property of other landowners without the written consent of the
landowners.
(i)
During grading operations, necessary measures for dust control
will be exercised.
(j)
No equipment shall alter or damage the bed and banks of any
stream, unless approved by the Department of Environmental Protection.
(k)
Equipment shall cross streams only at approved crossings utilizing
culverts or bridges.
2.
Natural Feature Preservation. The design and development of subdivisions
and land developments shall be in harmony with the natural features
of the site and shall respect the development limitations of the natural
features. Subdivisions and land development design shall be integrated
with the natural terrain of the site, wooded areas, large trees, natural
watercourses, wetlands, rock outcroppings and scenic views.
A.
Areas with Development Limitations.
(1)
Subdivisions and land developments shall minimize the disturbance of steeply sloping areas; that is, areas with slopes in excess of 15%. Development shall be directed to the less sloping portions of the site to the greatest degree possible. The subdivision/land development shall comply with the steep slope requirements of the Zoning Ordinance [Chapter 27].
(2)
Subdivisions and land developments shall conform to the requirements of the Lower Macungie Township Flood Hazard Area (Overlay District) Regulations [Chapter 27, Appendix 27A].
(3)
The filling or development of wetlands and areas of hydric soils shall conform to the hydric soil regulations of the Zoning Ordinance [Chapter 27], and shall not proceed until relevant U.S. Army Corps of Engineers and Pennsylvania Department of Environmental Protection permits have been granted.
B.
Tree Preservation and Planting.
(1)
Trees six inches or more in diameter (measured at a height of
four feet above grade) shall not be removed unless they are located
within the proposed cartway, bikeway or sidewalk portion of a street
right-of-way, or within 15 feet of the foundation area of a new building.
Areas in which trees are retained shall remain at original grade level
and undisturbed wherever possible.
(2)
Where no existing trees are retained along existing or proposed
street rights-of-way, or the existing trees are more than 50 feet
apart, trees shall be planted at intervals of 50 feet on each side
of the street. The trees shall measure 2 1/2-inch caliper at
a height of six inches above grade. If the required number of street
trees is greater than 10, a mix of no less than two species of trees
shall be provided. If the required number of street trees is greater
than 20, a mix of no less than three species shall be provided.
(3)
Where sidewalks are installed, street trees shall be located
in the planter strip between the back face of the curb and the sidewalk
Where bike paths are permitted, the bike path shall be located one
foot from the street right-of-way line and street trees shall be planted
between the bike path and the cartway.
(4)
Street trees shall be of the variety listed, and located as
directed, on the attached document entitled "Street Trees by Location/Typical
Tree Planting Detail." Street trees shall be pruned or "limbed" to
a height of eight feet above the ground.
(5)
All planting strips within street rights-of-way shall be finished,
graded, properly prepared and seeded or sodded with lawn grass in
conformance with good nursery practice.
(6)
For all land developments and for all subdivisions not a minor
subdivision, a landscape plan shall be developed. The plan shall show
the plant cover which exists, and on the same or separate sheet, that
which will exist when the landscaping is completed.
(7)
The landscape plan shall include trees in addition to those
required along the street rights-of-way. The following standards are
to be used as a guide to the number, not the spacing or location,
of additional trees required.
C.
Topsoil Protection.
[Amended by Ord. No. 2020-05, 10/1/2020]
(1)
Topsoil shall not be removed from any site or property without
an approved grading plan or other written approval from the Township.
(2)
Unless otherwise approved in writing by the Township, all final
site grading shall maintain a minimum depth of six inches of topsoil
upon completion of any new construction or land development.
D.
Stream Frontage Maintenance. An easement for maintenance purposes,
a minimum of 20 feet in width, but in all cases of sufficient width
to allow proper maintenance, shall be provided along all stream banks.
3.
Recreation Areas. Lower Macungie Township adopts the Comprehensive
Plan of Lower Macungie Township, Community Facilities Plan–Parks,
Recreation and Open Space (pp. 91-100)," adopted April 13, 1988, and
the Parks, Recreation and Open Space Plan for Lower Macungie Township,
adopted by the Board of Commissioners on January 20, 2000, pursuant
to Res. 2000-16, as the "Recreation Plan for Lower Macungie Township,"
as amended thereafter.
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The open space and recreation needs of subdivisions and land
developments shall be met as follows:
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A.
Recreation Land, Passive.
(1)
Undeveloped areas within the one-hundred-year and five-hundred-year floodplain, power line or pipeline rights-of-way, and areas characterized by wetland, hydric soils, woodlands, or slopes in excess of 5% may be designated by an applicant as recreation land, passive and offered for dedication to the Township, subject to approval of the Board of Commissioners at its sole discretion. If, and only if, such recreation land, passive, is within the five-hundred-, or one-hundred-year floodplain of the Little Lehigh Creek or the Swabia Creek, a credit of one square foot per each four square feet of such floodplain area offered for dedication to the Township shall be applied to the recreation land, active dedication requirements of Subsection 3B. The credit may also be applied to cash in lieu of recreation land, active, as provided in Subsection 3A(3) at the same above-noted ratio. However, in no event shall such land credit or cash-in-lieu credit satisfy more than one-half of an applicant's recreation land, active dedication requirement under Subsection 3A.
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The Board of Commissioners shall consider dedication of recreation
land, passive, relative to the following factors:
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(a)
Relationship to the recreation land recommendations of the Comprehensive
Plan.
(b)
Accessibility of the land to be dedicated.
(c)
Present use of the land to be dedicated.
(d)
The potential for connection to or integration with other Township
recreation lands.
(e)
Preservation of natural features.
(2)
Access to recreation land, passive dedicated to the Township
shall be provided as follows:
(a)
A right-of-way directly connecting the recreation land, passive,
with a public street shall be provided at intervals not less than
one access right-of-way every 1/2 mile. At least one access right-of-way
shall be provided for each distinct recreation land, passive area.
(b)
The access right-of-way shall have a minimum width of 50 feet.
The area of the access right-of-way shall be part of the dedicated
recreation land, passive, area.
B.
Recreation Land, Active.
(1)
Land meeting the criteria for recreation land, active, as set forth in Part 2, Definitions, "recreation land, active," shall be offered for dedication to the Township, subject to the approval of the Board of Commissioners at their sole discretion. A minimum of 3,400 square feet per lot or dwelling unit shall be offered for dedication (the land required for recreation space per dwelling unit under the Lower Macungie Township Parks, Recreation and Open Space Plan; see this section). The Board of Commissioners shall consider the offer of dedication for recreation land, active, relative to the following factors:
[Amended by Ord. 2017-02, 1/19/2017]
(a)
The suitability of the size, shape and landform of the tract
for appropriate recreation land, active facilities, such as playing
fields. No recreation land, active area shall be less than two acres
in size.
(b)
Accessibility of the land offered for dedication.
(c)
Conformity with the Parks and Recreation elements of the Township's
Parks and Open Space Recreation Plan.
(d)
The ability of nearby Township recreation lands to provide reasonably-accessible
recreational use for residents of the proposed subdivision.
(2)
Access to Recreation Land. Recreation land, active lands dedicated to the Township pursuant to Subsection 3B(1) shall be as follows:
(a)
At least one side of the recreation land, active land shall
front on a public street. Frontage on two or more public streets is
preferred. Minimum frontage on said public street(s) shall be 300
feet.
(b)
Additional access may be provided by rights-of-way connecting
the recreation land, active land with public streets.
(c)
Rights-of-way providing access to recreation land, active land
shall have a minimum width of 50 feet. Each right-of-way shall be
part of the land dedicated as recreation land, active and shall contain
at least one eight-foot wide asphalt path, constructed to Township
bicycle path standards, connecting the recreation land, active land
to the public street(s).
(d)
Recreation land, active land shall be dedicated to the Township within 24 months of the start of construction of the subdivision, regardless of the location of the recreation land, active land with respect to any phases of the land development. Recreation land, active land shall be graded and stabilized to the requirements of § 22C-109, Subsection 4B, of Chapter 22C within 90 days after completion of the base course of the subdivision's streets.
(3)
Cash in lieu of dedication of recreation land, active, or a
combination of dedicated recreation land, active, land and cash in
lieu of dedicated land, subject to the approval of the Board of Commissioners
at their sole discretion, may be offered as follows:
(a)
The cash in-lieu of recreation land, active land dedication
shall be $3,800 per dwelling unit, payable prior to the recording
of the final plan. Alternatively, if remittance is not made prior
to final plan recording, the cash in lieu of recreation land, active
dedication shall be $3,800 per dwelling unit, plus an additional charge
to the applicant of 5% per year compounded annually from the date
of final plan approval, payable at the time of issuance of individual
building permits for the subdivision lots. If the alternative payment
plan is used, all unremitted sums shall be secured as an improvement
of the subdivision, pursuant to § 509 of the Municipalities
Planning Code, as amended, 53 P.S. § 10509.
(b)
The use of monies from cash in lieu of recreation land, active
dedication shall be restricted to the purchase of lands for recreation
use that are reasonably accessible to the residents of the subdivision
or land development, the improvement of such recreation lands, or
other related capital expenditures.
(c)
The aforesaid monies shall be deposited in a separate Township
interest bearing trust account setup for this purpose by the Board
Commissioners, which account identifies the specific recreation district
for which the cash in lieu of dedication was received.
(4)
For each residential subdivision or land development, there
shall be one lot or dwelling unit exemption for the cash in lieu of
dedication requirement.
(5)
If an applicant includes in its preliminary plan or final plan
one or more areas of land or facilities which are intended and suitable
for active recreational uses of the residents of the subdivision or
land development, or of the Township's residents, but such recreational
land or facilities are not dedicated to the Township under this chapter,
then the applicant shall include on the plan a note:
(a)
Creating, or incorporating by reference another document to
be filed of record that creates such an entity, a homeowners association
or other similar entity approved by the Township, which shall assume
the legal responsibility for such recreational land or facilities.
(b)
Providing for a covenant to run with the land for the benefit
of all successors in interest to the applicant's record owner,
granting an easement to enter upon, use and enjoy such recreational
lands or facilities or covenanting that the aforesaid entity shall
maintain in perpetuity such lands or facilities for recreational uses
as set forth in the plan.
(c)
Such covenant and grant shall be included in all conveyances
of land, leases, or condominium declarations within nor with respect
to the subdivision or land development.
4.
Karst Hazards.
A.
Purpose. The purpose of this subsection is to recognize the potential
for damage to public and private improvements, human injury or death,
and the disruption of vital public services which may arise by the
potential for sinkholes and/or subsidence with areas of carbonate
geology. A further purpose of this subsection is to minimize the potential
for such sinkhole and/or subsidence occurrence and to protect the
ground water resource. Should the regulations of this and other applicable
regulations conflict, the most stringent regulations shall apply.
B.
Disclaimer of Liability. Whereas the exact occurrence of sinkholes
and/or subsidence is not predictable, the administration of these
regulations shall create no liability on behalf of the Township, the
Township Engineer, Township employees, or Township agencies as to
damages which may be associated with the formation of sinkholes or
subsidence. That is, compliance with these regulations represents
no warranty, finding, guarantee, or assurance that a sinkhole and/or
subsidence will not occur on an approved property. The Township, its
agencies, consultants and employees assume no liability for any financial
or other damages which may result from sinkhole activity.
C.
Karst Hazard Indicator Map. Areas of the Township in which Karst
features are believed more likely to be present are shown on the Karst
Hazard Indicator Map at the end of this chapter. These areas are the
"carbonate" areas shown on the map. The sinkholes, solution pans,
kettle holes, quarries and limonite excavations delineated on the
Karst Hazard Indicator Map were taken from two sources: (1) Sinkhole
Occurrence and Geologic Maps prepared by VFC, Engineering & Construction
Services as part of the Lehigh-Northampton Sinkhole Study; (2) the
Little Lehigh Creek Basin Carbonate Prototype Area Closed Depression
Map prepared by R. E. Wright Associates, Inc. The Karst Hazard Indicator
Map is intended as a tool to assist applicants and the Township in
identifying Karst hazard areas. However, the Karst Hazard Indicator
Map is not the exclusive tool for locating Karst features: the Township
shall also utilize generally accepted geological techniques to locate
such features.
D.
Procedures.
(1)
As part of the preliminary plan requirements for all subdivisions
and land developments, the applicant shall engage a licensed geologist
to review the existing aerial photos, soils, geological and related
data available to him as it may pertain to the subject property and
to make a site inspection of the property.
(2)
A site inspection by the applicant's geologist, using all
available data and with such assistance as is needed, shall determine
the presence or absence of Karst surface features of the site, and
locate the same if present on a site plan at a scale no smaller than
one inch equals 100 feet. In particular, the following features shall
be located, if present, on the site:
(3)
The applicant must provide the Township with a map at a scale of one inch equals 100 feet that shows the Karst features listed in Subsection 4E(2).
(4)
Based upon the site inspection, the applicant's geologist shall determine what further testing should be done by the applicant to ensure compliance with the performance standards set forth in Subsection 4E. Testing methodology shall be reasonable under the circumstances, including (a) the scale of the proposed development; and (b) the hazards revealed by examination of available data and site inspection.
(5)
The applicant shall cause the additional testing, if any, to
be effected and shall submit test results to the Township Engineer.
(6)
The Township Engineer shall report to the Planning Commission,
with a copy to the applicant, his opinion concerning the adequacy
of the report submitted based upon the scale of the development and
the hazards revealed by the report, and shall make recommendations
to the Planning Commission based upon the report submitted concerning
site development, including stormwater management, the layout of utility
lines, and building location. The Township Engineer may require the
applicant to perform such additional testing as may be appropriate.
E.
Performance Standards.
(1)
All applicants for subdivisions or land developments shall comply
with the requirements of this chapter regarding Karst hazards.
(2)
No stormwater detention facility shall be placed within 100 feet of the features listed in Subsection 4D(2), unless a detailed geotechnical solution to the subsidence, pollution and safety problems of the Karst feature has been presented by a competent professional in carbonate geology.
(3)
No stormwater swale with design flows in excess of 10 cubic feet per second for the ten-year flood may be constructed within 100 feet of the features listed in Subsection 4D(2), unless a detailed geotechnical solution to the subsidence, pollution and safety problems of the Karst feature has been presented by a competent professional in carbonate geology.
(4)
No stormwater pipe shall be constructed within 100 feet of the features listed in Subsection 4D(2) unless it is concrete pipe utilizing O-ring joints.
(5)
No principal or accessory building, no structure, and no impervious surface shall be located closer than 100 feet from the edge of the features listed in Subsection 4D(2) unless a detailed geotechnical solution to the subsidence, pollution and safety problems of the Karst feature has been presented by a competent professional in carbonate geology.
(6)
No septic system or tile field, no swimming pool, no solid waste disposal area, transfer area or facility, no oil, gasoline, salt or chemical storage area, and no blasting for quarrying or well enhancement activities shall occur within 100 feet of the features listed in Subsection 4D(2) unless a detailed geotechnical solution to the subsidence, pollution and safety problems of the Karst feature has been presented by a competent professional in carbonate geology.
(7)
Soil conservation plans filed with the Lehigh County Conservation
District shall detail safeguards to protect identified Karst features.
(8)
All utility lines located in a Karst hazard area shall be so
constructed as to not permit the flow of water along the utility line
trench, and shall be imperviously diked at thirty foot intervals.
(9)
When a proposed utility line is located in an identified Karst
hazard area, the applicant shall demonstrate to the Township that
the appropriate utility authority has been notified of this fact and
that the applicant will comply with the authority's recommendations
concerning provisions to prevent the flow of water along the utility
line trench.
