Township of East Vincent, PA Part 4 DEVELOPMENT DESIGN STANDARDS

§ 22-401 General.

[Ord. 138, 7/17/1996, § 400; as amended by Ord. 178, 12/1/2004]

1. The following standards shall be complied with in all subdivision and land development, and are intended as the minimum for the promotion of the public health, safety and welfare. If an applicant/developer, however, can clearly demonstrate to the satisfaction of the Board that because of peculiar physical conditions pertaining to his land, the literal enforcement of these standards would cause undue hardship, such variations from their literal interpretation may be permitted as may be reasonable and consistent with the purpose and intent of this chapter subject to § 22-704, "Modifications," of this chapter. Such variations shall represent the least change from the standard.

2. All proposed subdivisions shall comply fully with the existing zoning regulations applicable to the land, and no parcel of land shall be created, either by inclusion or exclusion from a proposed subdivision, which cannot be properly utilized for a permitted use under the existing zoning regulations.

3. Physical improvements to the property being subdivided shall be provided, constructed, and installed as shown on the plan of record, in accordance with the requirements of the Township.

4. All improvements installed by the applicant shall be constructed in accordance with the design specifications of the Township. Where there are no applicable Township specifications, all such specifications are subject to the approval of the Township Engineer.

§ 22-402 Land Requirements.

[Ord. 138, 7/17/1996, § 401; as amended by Ord. 178, 12/1/2004]

1. Proposed land developments shall be coordinated with existing nearby neighborhoods so that the community as a whole may develop harmoniously.

2. No land shall be developed for residential purposes unless all hazards to life, health, or property from flood, fire, and disease shall have been eliminated or unless the plans for the development shall provide adequate safeguard against such hazards.

§ 22-403 Lot Design.

[Ord. 138, 7/17/1996, § 402; as amended by Ord. 178, 12/1/2004]

1. General Lot Design Standards.

A. Lot dimensions, areas and orientation shall be appropriate for the type of development and use contemplated, and sufficient to provide satisfactory space for off-street parking and other accessory uses.

B. Insofar as practical, side lot lines shall be at right angles to straight street lines, and radial to curved street lines and cul-de-sac turnarounds.

C. Lot lines shall follow municipal boundaries rather than cross them, in order to avoid jurisdictional problems.

D. The depth of residential lots shall be not less than one nor more than 2 1/2% times their width.

2. Lot Frontage Standards.

A. All lots shall have direct access to a public street, or to an approved private street and shall have a frontage in accordance with zoning standards.

B. Any proposed lots abutting an existing or proposed arterial or collector street in the Township shall be designed as reverse frontage lots having access to the street with a lower function. This requirement may be waived by the Board of Supervisors if, in its judgment: (1) the advantages to the Township of compliance with this standard are outweighed by the applicant's resulting inability to meet other requirements of this chapter or the Zoning Ordinance [Chapter 27]; or (2) compliance would be unreasonable or impractical due to the size of the proposed development or configuration of the site.

C. All residential lots using reverse frontage shall have a side or rear yard with a minimum depth of 75 feet, measured in the shortest distance from the proposed dwelling unit to the proposed or existing ultimate right of way, and shall, within such rear yard and immediately adjacent to the right of way, have a minimum planting screen easement of at least 10 feet in width, across which there shall be no right of vehicular access.

3. Building Setback Lines. The minimum building setback line shall be in accordance with the East Vincent Township Zoning Ordinance [Chapter 27] but may be placed deeper on a cul-de-sac lot in order to satisfy minimum lot width requirements where the side lot lines are not parallel to each other.

4. Interior Lots.

A. No flag or interior lots are permitted.

5. Crosswalks.

A. Crosswalks may be required by the Board of Supervisors to facilitate pedestrian circulation and to give access to community facilities such as schools, shopping centers, bus stops, open space, public parks or other similar facilities, where situations warrant concern for the safety and welfare of Township residents.

B. Such crosswalks shall have a width of not less than 10 feet and a paved walk of not less than four feet.

§ 22-404 Monuments and Markers.

[Ord. 138, 7/17/1996, § 403; as amended by Ord. 178, 12/1/2004]

1. Monument Standards.

A. Permanent stone or concrete monuments shall be accurately placed at the intersection of all lines forming angles and at changes in direction of lines in the boundary (perimeter) of the property being subdivided.

B. All monuments shall be placed by a registered professional engineer or surveyor so that the scored point created by an indented cross or drill hole in the top of the monument shall coincide exactly with the point of intersection of the lines being monumented.

C. Monuments shall be set with their top level with the finished grade of the surrounding ground.

D. All streets shall be monumented on the right of way line at the following locations:

(1) At least one monument at each intersection.

(2) At changes in direction of street lines.

(3) At each end of each curved street line, (e.g., points of curvature and tangency); only one side of each street need be monumented.

(4) An intermediate monument wherever topographical or other conditions make it impossible to sight between two otherwise required monuments.

(5) At such other places along the line of streets as may be determined by the Township Engineer to be necessary so that any street may be readily defined in the future.

E. Utility pipeline rights of way shall be monumented at all property lines.

F. Common open space and community sewage disposal areas shall be monumented.

G. All monuments shall be shown on the plan of record and final plans.

2. Marker Standards.

A. Markers shall be accurately placed at all lot comers within a subdivision and shall be placed flush with the ground surface.

B. Markers shall consist of solid iron pipe or pins, with a minimum diameter of 3/4 inch and shall have a minimum length of 30 inches.

§ 22-405 General Street Standards.

[Ord. 138, 7/17/1996, § 404; as amended by Ord. 178, 12/1/2004]

1. The proposed pattern of streets shall be related to existing streets, to the Township plan of streets and to such Chester County and PennDOT road and highway plans as have been duly adopted in order to accomplish a smooth flow of traffic, to avoid poor sight distance, to avoid traffic congestion and to promote public convenience and safety.

2. Proposed street improvements shall also be designed to minimize negative impacts on the Township's natural, historic, and scenic resources consistent with its adopted Open Space, Recreation, and Environmental Resources Plan, or other community values consistent with its adopted Comprehensive Plan, while also providing reasonable roadway widths, grades, sight distances, adequate drainage, and usable lots.

3. Subdivision and land development applicants are strongly encouraged to employ innovative street design practices that help to reduce vehicle speeds in residential and commercial areas, prevent cut-through traffic within residential neighborhoods, promote safe pedestrian and bicycle traffic, and support a more walkable community, especially within the Township's LR, MR, and HR residential zoning districts, and its NC and GC commercial zoning districts.

4. Local streets shall be laid out so as to discourage through traffic, but provisions for street connections into and from adjacent areas may be required.

5. Where a subdivision abuts or contains an existing or proposed major thoroughfare, the Board of Supervisors may require dedication of additional right of way specified hereinafter and marginal access streets, rear service alleys, reverse frontage lots, or such other treatment as will provide protection for abutting properties, reduction in the number of intersections with the major thoroughfare and separation of local and through traffic.

6. New half or partial streets shall not be permitted except where the street right of way proposed for dedication falls within more than one municipality, is oriented in such a manner to coincide with the municipal boundary, and is essential to reasonable subdivision of a tract in conformance with the other requirements and standards of this chapter. Where such occurs, dedication of the remaining part of the street shall be secured by the applicant. Wherever a tract to be subdivided borders an existing half or partial street, the other part of the street shall be plotted within such tract. Where half or partial streets are proposed, the acceptance of final plans shall be conditioned upon the provision of guarantees providing for the construction or completion of such streets to Township standards. As an interim measure, a temporary turnaround must be provided for half or partial streets.

7. Dead-end streets shall be prohibited, except as stubs to permit future street extension into adjoining tracts, or when designed as culs-de-sac and shall be dedicated in accordance with § 22-606 of this chapter.

8. Where streets and other public improvements continue into adjoining municipalities, evidence of compatibility of design, particularly with regard to street widths, shall be submitted to the Township. The applicant shall coordinate such design with overlapping municipalities to avoid abrupt changes in cartway width or in improvements provided.

9. Where a proposed subdivision abuts an existing subdivision having a dedicated residential street dead-ending at a common property line, the proposed subdivision shall make provision for extension of such dedicated residential street within the proposed subdivision for a distance of not less than one lot depth and connection with another street. In the design of a proposed subdivision, provision shall be made for continuation of the width, gradient, general alignment and direction of traffic flow of a collector street which dead-ends at a common property line or is proposed in the Township Comprehensive Plan whenever such proposal has been adopted by resolution of the Board of Supervisors.

10. Where lots are proposed to abut an existing street, additional right of way, paving and other street improvements shall be required for such an existing street to the extent deemed by the Board of Supervisors to be in the public interest.

11. If lots resulting from an original subdivision are large enough to permit resubdivision, or if a portion of the tract is not subdivided, adequate street rights of way to permit further subdivision shall be provided as necessary, to be no less than the rights of way then required for minor collector or local streets.

12. Unless clearly impractical, all lots on a residential subdivision shall have direct access only to a local street.

13. Any subdivisions involving five or more lots shall be required to provide for more than one public street connection, unless the specific circumstances of that subdivision show that public safety concerns have been adequately addressed and that a modification or waiver is otherwise justified under § 22-704 of this chapter.

§ 22-406 Street Right of Way Widths.

[Ord. 138, 7/17/1996, § 405; as amended by Ord. 178, 12/1/2004]

1. The minimum right of way and cartway widths for all new streets in the Township shall be as follows:

Street Function	Right of Way Width (feet)	Cartway Width (feet)
Arterial	100	40
Collector	80	36
Local	50	20
Private	50	18
Common Driveway	35	25
Private Driveway	14	10

2. Additional right-of-way and cartway widths may be required by the Township for the following purposes:

A. To promote public safety and convenience.

B. To provide parking space in commercial zoning districts and in areas of high-density residential development.

C. To accommodate special topographic circumstances which may result in cut/fill slopes extending beyond the standard right of way in all circumstances to assure accessibility for maintenance operations.

D. For collector and arterial streets, ultimate right of way in addition to dedicated right of way may be required to help implement long range circulation planning policies as adopted by the Township within its Comprehensive Plan.

3. Right of way of lesser width than prescribed in this section shall not be permitted.

4. Vertical curbing in accordance with § 22-419 of this chapter shall be required for all streets, except for culs-de-sac designed in accordance with § 22-411 where mountable curb is permitted.

5. Applicants of subdivisions proposed to abut existing streets shall provide at least the minimum right-of-way widths for dedication to the Township or PennDOT, as applicable, for those streets in accordance with the provisions of this section.

6. Where a proposed subdivision will abut an existing street of improper cartway or right-of-way width or alignment, the Township Supervisors shall require the dedication of land sufficient to widen the street or correct the alignment, and require the escrow of money where deemed necessary in order to improve said cartway.

7. The Township has the right to determine the location of the cartway within the public or private street right of way.

8. Cul-de-sac pavement width of a cartway (edge of curb to edge of curb) shall be a minimum of 16 feet (See § 22-411).

§ 22-407 Increase of Right-of-Way Widths.

[Ord. 138, 7/17/1996, § 406; as amended by Ord. 178, 12/1/2004]

In the case where lots created within a subdivision are large enough to accommodate either further subdivision, or a higher intensity of development, and thus may result in higher traffic levels, the Township may require that additional right of way be provided to permit the future development of a higher order street.

§ 22-408 Street Grades.

[Ord. 138, 7/17/1996, § 407; as amended by Ord. 178, 12/1/2004]

1. There shall be a minimum centerline grade of 1%. Centerline grades shall not exceed the following:

Street Function	Maximum Grade
Arterial	6%
Collector	8%
Local	10%

2. In the approach to an intersection, the street grade shall not exceed the following percentage for the classification of street indicated below. These approach grades shall extend for a minimum of 50 feet from the nearest right of way of the intersection street:

Street Function	Maximum Grade
Arterial	3%
Collector	4%
Local	4%

3. A minimum grade for cul-de-sac bulb areas shall be established so that curb grading shall not be less than 1%. The cul-de-sac turn-around, whether temporary or permanent, shall have a centerline grade that does not exceed 4%.

4. At all changes of street grades where the algebraic difference exceeds 1%, vertical curves shall be provided to permit the following minimum sight distances measured utilizing PennDOT methods:

Street Function	Minimum Sight Distances (feet)
Arterial Street	500*
Collector Street	400
Local Street	250

Notes:
*	Shall be in accordance with minimum standards of the PennDOT but in no case less than 500 feet.

5. Under no circumstances shall maximum grades be permitted using the minimum curve radii.

§ 22-409 Street Alignment.

[Ord. 138, 7/17/1996, § 408; as amended by Ord. 178, 12/1/2004]

1. Whenever street lines are deflected in excess of 5°, connection shall be made by horizontal curves.

2. To ensure adequate sight distance, minimum centerline radii for horizontal curves shall be as follows:

A. Arterial Street. In accordance with minimum standards of PennDOT.

B. Collector Street. 300 feet.

C. Local Street. 150 feet.

3. For local streets proposed with a posted speed limit of 20 miles per hour or less, the minimum centerline radii may be reduced to 90 feet as a traffic calming measure, subject to Township Engineer approval.

4. A tangent of at least 100 feet shall be introduced between all horizontal curves on collector and arterial streets and between reverse curves on local streets. Sweeping curves of comparatively long radii are preferable to tangents connecting curves leading in the same direction.

5. Super elevation in accordance with PennDOT standards shall be required when curve radii are less than 600 feet on arterial and collector streets and less than 300 feet on local streets with a posted speed limit greater than 20 miles per hour.

§ 22-410 Street Intersections.

[Ord. 138, 7/17/1996, § 409; as amended by Ord. 178, 12/1/2004]

1. Right angle intersections shall be used whenever practicable, especially when minor residential streets empty into collector or arterial streets. There shall be no intersection angle of less than 60°, or more than 120° measured at the centerline.

2. No more than two streets shall cross at the same point.

3. Intersection spacing shall be based upon the types of roads involved and shall meet the standards contained in the Circulation Handbook, Chapter 4, "Design Element 33," of the Chester County Planning Commission, as amended.

4. Streets entering from opposite sides of another street shall either be directly across from each other or offset by at least 200 feet on local and collector and 300 feet on arterial streets, measured from centerline to centerline.

5. Street intersections shall be rounded with tangential arcs at pavement edge (curb line) and right-of-way lines. Where two streets of different right-of-way widths intersect, the radii of curvature for the widest street shall apply.

Type of Street	Minimum Radius (feet)
Arterial	40
Collector	30
Local	20
Private	20

6. Clear sight triangles shall be provided at all public street intersections. Within such triangles, no vision obstructing object shall be permitted which obscures vision above the height of 30 inches and below 10 feet measured from the centerline grade of intersecting public streets. Such triangles shall be established from a distance of:

A. Seventy-five feet from the point of intersection of the centerlines, except that clear sight triangles shall be provided for all intersections with collector and arterial streets in accordance with PennDOT standards.

B. Where an intersection is controlled by a stop sign or traffic signal, the sight triangle shall be measured from a point in the center of the controlled or lesser street 25 feet back from the curb line of the uncontrolled or through street to the distance required above.

Such triangles shall be shown on the final subdivision plan to be recorded and the area within the triangle shall be deed restricted consistent with this provision. A draft copy of such deed restriction shall be supplied to the Township and forwarded to the Township's Solicitor for acceptance prior to final subdivision plan approval, and shall be recorded in final form with other required documents. Evidence of such recordation shall be provided to the Township with other final plan records, and placed in the Township's recorded subdivision file.

7. In designing street intersections, the following clear sight distance dimensions shall be used:

Posted Speed of Intersected Street	Sight Distance* (feet)
Stop condition (all streets)	75
25 mph	250
35 mph	440
45 mph	635
55 mph	845

Notes:

*

Measured from a point set back 15 feet from the intersected pavement edge on the street controlled by a stop sign or signal. The Board of Supervisors may allow modifications to the above standards upon recommendation of the Township Engineer, provided the applicant demonstrates the standards cannot be achieved and agrees to install traffic control devices to mitigate the lack of adequate sight distance.

8. Greater clear sight distance dimensions imposed by PennDOT for intersections with the Commonwealth's highway system shall supersede the above.

9. Whenever a subdivision is proposed to abut or contain an existing or proposed street with an ultimate right of way of 60 feet or more, the Township Planning Commission may recommend and the Board may require restriction of lot access to the arterial street by:

A. Provision of reverse frontage lots.

B. Provision of alleys along the rear of the abutting lots, together with prohibition of private driveways intersecting the arterial streets.

C. Provision of marginal access streets, provided that the reserve strips establishing such marginal access streets shall be definitely placed within the jurisdiction of the Township under an agreement meeting the approval of the Township.

10. Except as specified above, reserve strips shall be prohibited.

11. Right-of-way lines shall approach an intersection 90° from each other whenever practical and meet using a minimum radius of 30 feet.

12. Proposed street intersections shall follow a straight horizontal course for 100 feet.

§ 22-411 Single Access Streets/Culs-de-sac.

[Ord. 138, 7/17/1996, § 410; as amended by Ord. 178, 12/1/2004]

1. A single access street shall not be approved wherever a through street is practical.

2. Unless future extension is clearly impractical and undesirable, the cul-de-sac turnaround right of way shall be placed adjacent to a property line, and right-of-way of the same width as the street shall be carried to the property line in such a way as to permit future extension of the street into the adjoining tract. The applicant shall have the burden of showing the impracticality of extending a street to a property line in order to justify a shorter street.

3. Any dead-end street for access to an adjoining property or because of authorized stage development shall be provided with a temporary, paved turnaround within the subdivision, and the use of such turnaround shall be guaranteed to the public until such time as the street is extended.

4. Single access streets, permanently designed as such, shall not serve more than 20 lots or exceed 1,000 feet in length.

5. Single access streets, permanently designed as such, shall have a minimum length of 250 feet.

6. The length of cul-de-sac or single access street shall be measured from the edge of paving of the nearest through street to which the cul-de-sac street is connected, and to the center point of the cul-de-sac radii or centroid.

7. All cul-de-sac or single access streets, whether permanently or temporarily designed as such, shall be provided at the closed end with a paved turnaround. Permanent cul-de-sac streets shall be provided with a paved turn-around having a minimum outside diameter of 167 feet and a minimum inside diameter of 135 feet to each curb line and a minimum interior circular right-of-way diameter of 100 feet and having an outside minimum right-of-way diameter of 200 feet. The shape of the cul-de-sac turn-around may be oval or irregular in shape instead of circular with the following conditions:

A. The minimum cul-de-sac island area within the road right-of-way center island is equal to that of a cul-de-sac turn-around having the minimum required diameter specified above.

B. The minimum centerline radius of the cul-de-sac is not less than 75 feet.

Each side of the paved turn-around shall be provided with mountable cul-de-sac island curb. (See Appendix A-4 for cul-de-sac turn-around and rolled and special rolled cul-de-sac curb details.)

8. The maximum number of lots permitted to have frontage on a cul-de-sac turnaround that contains the minimum dimensions specified in Subsection 6 is six. The number of lots permitted on a cul-de-sac turn-around can be increased by one lot for every additional 92 feet of property street line circumference that is in addition to the circumference resulting from a twenty-foot diameter right of way. Each lot referred to above shall have the required minimum lot width at the required minimum front yard setback line.

9. An open center open space area shall be provided that is concentric with the cul-de-sac turn-around and shall have a fifty-foot radius and may be modified as indicated in Subsection 6.

10. PennDOT "One Way" directional signs shall be placed at the beginning and end of the cul-de-sac circle.

11. Cul-de-sac turnarounds are exempt from the following provisions of this chapter:

A. Section 22-409.2 regarding minimum road centerline radius of 150 feet.

B. Section 22-409.4 regarding the requirement for 100 feet tangent between reverse curves.

C. Appendix A-1, "Curb Details," except for those required within the East Vincent Township cul-de-sac turn-around requirements.

12. The cul-de-sac turn-around center island shall be owned and maintained by a homeowners association. Snowplowing easements within the island shall be granted to the Township where the cul-de-sac is part of a public street system. A continuing offer of dedication shall be provided for dedication of the cul-de-sac turn-around center island to East Vincent Township. In the absence of a homeowners association, the cul-de-sac turn-around center island may be owned and maintained by East Vincent Township at the discretion of the Board of Supervisors.

13. Cul-de-sac turn-around islands shall be graded to have a mound or a depression with appropriate drainage, except where wooded and left in a natural condition. The mound shall be graded such that its highest elevation will be a minimum of three feet above the average elevation of the cul-de-sac turn-around cartway elevations as indicated in the Appendix, or as recommended by the Planning Commission and/or approved by the Board of Supervisors.

14. Where the turnaround right of way of a cul-de-sac street is placed adjacent to the tract boundary, a fifty-foot right-of-way width shall be provided along the boundary line to permit dedication and extension of a street at full width in accordance with § 22-606 of this chapter, unless future expansion of a cul-de-sac street is clearly impractical or undesirable. The small triangles of land beyond the cul-de-sac to the boundary shall be so deeded that maintenance of these corners of land will be the responsibilities of the adjoining owners until the roadway is continued.

§ 22-412 Acceleration, Deceleration and Turning Lanes.

[Ord. 138, 7/17/1996, § 411; as amended by Ord. 178, 12/1/2004]

1. Deceleration or turning lanes may be required by the Township along existing and proposed streets whenever the Board determines such lanes are required to meet reasonable safety needs or as determined by a traffic impact study as outlined in § 22- 307.6.

2. Deceleration lanes shall be designed to the following standards:

A. The lane shall have a minimum width of 12 feet, or in the case of intersections with State highways, such width as is required by the applicable regulations and standards of PennDOT.

B. The lane shall provide the full required lane width for the entire length which shall be measured from the centerline of the intersecting road. In addition, there shall be a seventy-five-foot taper provided at the beginning of the lane so that traffic can leave the main travel lane smoothly.

C. The minimum lane length shall be as follows:

Design Speed of Road	Taper (feet)	Minimum Deceleration Lane Length (feet)
30 mph	75	165
40 mph	75	175
50 mph	75	300

3. Acceleration lanes are required only when the need is indicated by a traffic impact study. The design shall be as per the recommendation of the Township Engineer. As necessary, a paved taper shall be provided for right hand turns.

§ 22-413 Innovative Street Design and Construction.

[Ord. 138, 7/17/1996, § 412; as amended by Ord. 178, 12/1/2004]

1. The Board of Supervisors, at its sole discretion, may modify the street design and construction standards and requirements of this Part under the following circumstances and so long as the safety of the Township's residents is not compromised:

A. Where it can be demonstrated to the satisfaction of the Board that the resulting design and layout will more substantially protect critical environmental areas identified in the Township's Open Space, Recreation, and Environmental Resources Plan.

B. For proposed neo-traditional development, or Traditional neighborhood developments (TNDs) as authorized by § 706 of the Commonwealth's Municipalities Planning Code, 53 P.S. § 10706, and as may be permitted by the Board in the future under the conditional use provisions of the East Vincent Township Zoning Ordinance [Chapter 27], that are human scale, walkable, and with moderate to high residential densities and a mixed use core. Applicants shall demonstrate that the proposed development minimizes traffic congestion and reduces the need for extensive road construction by reducing the number and length of automobile trips required to access everyday needs. Applicants seeking modifications pursuant to this subsection may be required to provide an initial draft of appropriate alternate street design and construction standards and conditions for consideration by the Board of Supervisors and its consultants.

C. Where the application of appropriate traffic calming principles is proposed to reduce vehicular speeds or prevent cut-through traffic for local residential streets, collector streets with predominately residential uses, and arterial roads within villages, TNDs, or commercial areas. Examples of traffic calming devices include:

(1) Traffic circle or roundabout.

(2) Speed hump.

(3) Raised crosswalk.

(4) Raised intersection.

(5) Choker/neckdown.

(6) Curb extension/bulb-out.

(7) Chicane.

(8) Traffic diverter.

(9) Raised median island/pedestrian refuge.

(10) Forced turn channelization.

(11) Parking bay.

(12) Pavement surface modification.

(13) Speed activated signing.

Pennsylvania's Traffic Calming Handbook and ITE's Traffic Calming - State of the Practice, among other sources, shall be used for guidance in designing and proposing such measures for Township and PennDOT consideration.

2. The applicant shall be required to demonstrate to the Planning Commission and Board of Supervisors that the above development planning circumstances cannot be reasonably accommodated without the requested modifications, and that the modifications will minimize traffic congestion, infrastructure costs, and environmental degradation and/or for Subsections 1B, and 1C, above, contribute to the continued viability of the Township's villages and other urbanizing lands.

3. In deciding to modify the requested ordinance provisions, the Board may consider the recommendations of its Township Engineer, Township Planner, Director of Roads, Parks, and Grounds, and Transportation Consultant. The applicant shall be responsible for obtaining PennDOT acceptance of any street design or construction variation requested under this section where applicable.

§ 22-414 Lighting.

[Ord. 138, 7/17/1996, § 413; as amended by Ord. 163, 6/12/2002, § 13; and by Ord. 178, 12/1/2004]

1. Purposes:

A. To require and set minimum standards for outdoor lighting to provide lighting in outdoor places where public health, safety and welfare are potential concerns.

B. To protect drivers and pedestrians from the glare of nonvehicular light sources which may impair safe traverse.

C. To protect neighbors and the night sky from nuisance glare and stray light from poorly aimed, placed, applied, maintained, or shielded light sources.

D. Do provide for outdoor lighting in a manner consistent with Township objectives to protect and retain rural and rural-suburban community character.

2. Applicability. Outdoor lighting shall be required wherever necessary to provide for public safety and personal security during hours of darkness where people assemble and traverse, including but not limited to the following land development situations: multi-family residential, commercial, industrial, public-recreational and institutional.

3. Lighting Criteria.

A. Illumination Levels. All lighting shall have intensities and uniformity ratios in accordance with the current recommended practices of the Illuminating Engineering Society of North America (IESNA) as contained in the "IESNA Lighting Handbook," as amended from time to time, including but not limited to the following examples:

Use/Task	Maintained Footcandles	Uniformity, Average: Minimum
Streets:
Local Commercial	0.9 Avg.	6:1
Residential	0.4 Avg.	6:1
Parking: Multifamily Residential
Low vehicular/pedestrian activity	0.2 Min.	4:1
Medium vehicular/pedestrian activity	0.6 Min.	4:1
Parking:
Industrial/Commercial/Institutional/Municipal
High activity, e.g., regional shopping, fast food, major event venues	0.9 Min.	4:1
Medium activity, e.g. community shopping, office parks, hospitals, commuter lots, cultural/civic/recreational events	0.6 Min.	4:1
Low activity, e.g., neighborhood shopping, industrial employment, schools, churches	0.2 Min.	4:1
Sidewalks	0.5 Avg.	5:1
Building Entrances, commercial, industrial, institutional	5.0 Avg.	NA

Notes: 1) Illumination levels are maintained horizontal footcandles on the task, e.g., pavement or area surface; 2) Uniformity ratios dictate that average luminance values shall not exceed minimum values by more than the product of the minimum value and the specified ratio, e.g., for commercial parking high activity, the average footcandles shall not be in excess of 3.6 (0.9 x 4).

B. Lighting Fixture Design.

(1) Fixtures shall be of a type and design appropriate to the specific lighting application.

(2) For lighting horizontal tasks such as roadways, sidewalks, entrances and parking areas, fixtures shall met IESNA "full-cutoff criteria (no light output emitted above 90° at any lateral angle around the fixture).

(3) The use of floodlighting, spotlighting, wall-mounted fixtures, decorative globes and spheres and other fixtures not meeting IESNA "full-cutoff" criteria, shall be permitted only with the approval of the Township, in consideration of the retention of surrounding neighborhood character and achievement of acceptable glare control.

(4) Where requested by the Township, all fixtures shall be equipped with or be modified to incorporate light directing and/or shielding devices such as shields, visors, starts or hoods to redirect offending light distribution and/or reduce direct or reflected glare.

(5) For residential applications, omnidirectional fixtures, e.g., post top, wall bracket, wallpack, globe and sphere shall have a cumulative lamp output per fixture not to exceed 1700 lumens.

(6) NEMA-head fixtures, aka "barn lights" or "dusk-to-dawn lights," shall not be permitted where they intrude into other uses, unless fitted with a reflector to render them full cutoff.

(7) Theme lighting, as a supplement to regular site lighting, shall be permitted subject to approval by the Township. Theme lights shall have acceptable shielding and lamp-hiding qualities to be of low brightness, or lamped with the lowest possible wattage bulb so as not to produce distracting and potentially hazardous glare at night.

C. Control of Glare.

(1) All outdoor lighting, whether or not required by this chapter, on private, residential, commercial, industrial, recreational, or institutional property; shall be aimed, located, designed, fitted, and maintained so as not to present a hazard to drivers or pedestrians by impairing their ability to safely traverse and so as not to create a nuisance by projecting or reflecting objectionable light onto a neighboring use or property.

(2) All outdoor lighting fixtures shall be shielded in such a manner that the edge of the shield shall be level with or below the light source, so that direct light emitted above the horizontal is eliminated.

(3) Floodlights and spotlights shall be so installed or aimed that they do not project their output into the windows of neighboring residences, adjacent uses, skyward, or onto a public roadway.

(4) Unless otherwise permitted or limited by the Township, (e.g., for safety or security or all-night operations) lighting for commercial, industrial, public recreational, and institutional applications shall be controlled by automatic switching devices such as time clocks or combination motion detectors and photocells, to permit extinguishing outdoor lighting fixtures between 11:00 p.m. and dawn, to mitigate glare and sky-lighting consequences.

(5) Lighting proposed for use after 11:00 p.m., or after the normal hours of operation for commercial, industrial, or institutional applications shall be reduced by 75% from such time until sunrise, unless supporting a specific purpose or safety requirement and approved by the Township.

(6) All illumination for advertising signs, buildings and/or surrounding landscapes for decorative, advertising, or aesthetic purposes between 11:00 p.m. and sunrise shall be by permit, except that such lighting situated on the premises of a commercial establishment may remain illuminated while the establishment is actually open for business, and until one hour after closing. All signs shall meet the standards of § 27-1717 of the East Vincent Township Zoning Ordinance [Chapter 27].

(7) Light output for flagpole lighting may not cumulatively exceed 10,000 lumens.

(8) Vegetative screens shall not be employed to serve as the primary means for controlling glare. Rather, glare control shall be achieved primarily through the use of such means as cutoff fixtures, shields and baffles, and appropriate application of fixture mounting height, wattage, aiming angle, and fixture placement.

(9) The intensity of illumination projected onto a residential use from another property shall not exceed 0.1 vertical foot-candle measured from line-of-sight at the property line.

(10) Externally illuminated signs and billboards, where permitted, shall be lighted by fixtures mounted at the top of the sign and aimed downward. Such fixtures shall be automatically extinguished between the hours of 11:00 p.m. and sunrise except as specifically approved by the Township to illuminate necessary directional information.

(11) Directional fixtures for such applications as facade, fountain feature and landscape illumination shall be aimed so as not to project their output beyond the objects intended to be illuminated, and shall be extinguished between the hours of 11:00 p.m. and sunrise, unless permitted by the Township.

(12) Canopy lighting, e.g., for service stations, fuel dispensing facilities, and bank drive-ups, shall be accomplished using flat-lens full-cutoff down lighting fixtures, shielded in such a manner that the edge of the fixture shield shall be level with or below the light source envelope.

(13) The use of white strobe lighting for tall structures such as smoke-stacks, chimneys and radio/communications/television towers is prohibited, except as otherwise required under Federal Aviation Administration regulations.

D. Installation.

(1) For new and replacement installations, electrical feeds for fixtures mounted on poles shall be run underground, not overhead.

(2) Poles supporting lighting fixtures for the illumination of parking areas and located directly behind parking spaces, shall be placed a minimum of five feet outside paved area, or on concrete pedestals at least 30 inches high above the pavement, or suitably protected from potential vehicular impact by other means approved by the Township.

(3) Except as specifically approved by the Township, fixtures meeting IESNA "cutoff" criteria shall not be mounted in excess of 20 feet above finished grade at the location being illuminated by the fixture. Fixtures not meeting IESNA "cutoff" criteria shall not be mounted in excess of 16 feet above finished grade at the location being illuminated by the fixture. Artificial elevation of the grade at the base of the light fixture shall be prohibited.

4. Plan Submission.

A. Lighting plans shall be submitted by the applicant to the Township for review and approval with any preliminary or final subdivision or land development plan submission and shall include:

(1) A site plan, complete with all structures, parking spaces, building entrances, traffic areas (both vehicular and pedestrian), vegetation that might interfere with lighting, and adjacent use that might be adversely impacted by the lighting, containing a layout of all proposed fixtures by location and type.

(2) Isofootcandle plots for individual fixture installations, or ten-foot by ten-foot illuminance-grid plots for multi-fixture installations, which demonstrate compliance with the intensity and uniformity requirements as set forth in this chapter.

(3) Description of the proposed equipment including, but not limited to, fixture catalog cuts, photometrics, glare reduction devices, lamps, on/off control devices, mounting heights, pole foundation details, and mounting methods.

B. When requested by the Township, the applicant shall also submit a visual impact plan that demonstrates appropriate steps have been taken to mitigate on-site and off-site glare and to provide for lighting in a manner consistent with Township objectives to retain rural and rural-suburban community character.

C. The Township may seek the review of the applicant's lighting plan from a qualified engineering or lighting consultant, including the preparation of a written report, with all review and/or meeting fees to be the responsibility of the applicant.

D. The following note shall be placed on all lighting plans: "Post-approval alterations to lighting plans or intended substitutions for approved lighting equipment shall be submitted to the Township for review and approval prior to installation."

5. Post-Installation Inspection And Compliance.

A. The following note shall be placed on all approved lighting plans: "The Township reserves the right to conduct post-installation nighttime inspections to verify compliance with the commitments made on the approved lighting plan, and if appropriate, to require remedial action at no expense to the Township."

B. The Township may enforce compliance with approved lighting plans as provided in § 27-1715 of the East Vincent Township Zoning Ordinance [Chapter 27].

6. Street Lighting. Street lighting fixtures in conformance with the requirements and standards of this section shall be installed and placed at the discretion of the Township at the following locations, but not limited thereto:

A. At the intersection of public roads with entrance roads to the proposed development.

B. At intersections involving proposed public or non-public major thoroughfare road within the proposed development.

7. Modifications.

A. For any use or activity subject to subdivision or land development review, modification(s) to the provisions of this section may be requested, which modification(s) may be granted at the discretion of the Board of Supervisors pursuant to the provisions of this chapter.

§ 22-415 Street Construction.

[Ord. 138, 7/17/1996, § 414; as amended by Ord. 178, 12/1/2004]

1. All materials entering into the construction of streets and the methods of construction and drainage shall be in accordance with the applicable requirements of Pennsylvania Department of Transportation Specifications, Publication 408, latest revision thereof, and shall be supplied by vendors approved by the Pennsylvania Department of Transportation for the supply of such materials. Cross-sections shall be as described in Table A and detailed in Appendix A, Sheet SD-1. Inspection of materials and construction methods shall be as approved in § 22-602 of this chapter.

A. Street Design.

(1) Thickness of base and paving for new Township streets shall meet the minimum requirements outlined in Table A.

Table A
Base Course
•	12 inches compacted, crushed, aggregate base course (installed in two layers each being six inches thick after compaction)
OR
•	BCBC (bituminous concrete base course) 7 inches compacted depth
OR
•	6 inches of 2A stone overlaid by 5 inches of BCBC
Bituminous Binder Course
•	2 inches 1D-2
Bituminous Wearing Course
•	1% inches ID-2, SRL-H
Base Course Notes: The base course shall consist of stone and screenings application meeting with the requirements of PennDOT Publication 408, as amended. Every attempt shall be made to completely fill voids with fines, and to expose 1/2 inch to 3/4 inch of the uppermost layer of stone over a minimum of 75% of the road surface. No large areas of solid screenings or loose stone areas shall be permitted.
The application of bituminous concrete base course materials shall be in accordance with PennDOT Publication 70 and Publication 408, both as amended.
Due to field conditions, as determined by the Township Engineer during construction, it may be necessary to place four inches of special subgrade underneath the base course.

(2) Paving design is based on overall soil conditions in the Township. The Board may require additional paving, base or subbase materials where soil types are inferior, wet or otherwise unsuitable as indicated by the Soil Survey of Chester and Delaware Counties, Pennsylvania prepared by the U.S. Soil Conservation Service or where, in the opinion of the Board, such conditions exist.

B. Subgrade.

(1) The area within the limits of the proposed road surface shall be shaped to conform to the line, grade and cross-section of the proposed road.

(2) Remove or stabilize all unsuitable subgrade materials.

(3) Wet or swampy areas shall be permanently drained and stabilized.

(4) Fills shall be made with suitable materials approved by the Township Engineer and thoroughly compacted for full width in uniform layers of not more than eight inches thick. No more than two eight-inch layers of fill shall be laid or placed between inspections by the Township Engineer.

(5) The subgrade shall be thoroughly compacted by rolling with a minimum ten-ton three-wheel roller. Equivalent vibratory, sheep's foot or rubber tired rollers may be used at the discretion of the Township Engineer. Subgrade shall be compacted tight and dry, to 95% compaction at optimum moisture, and shall not be soft and spongy under the roller. Compaction of the subgrade shall extend the full width of the cartway, including the width to be occupied by shoulders.

(6) In fill areas over three feet thick, compaction tests are required in each eight-inch layer at 150-foot intervals. The tests must be performed by a certified testing laboratory and results submitted to the Township Engineer. All compaction must be 95% compaction at optimum moisture. Any layer not coming up to standard will be removed or rerolled until suitable compaction is obtained.

C. Paving.

(1) Paving and base thickness and materials shall be as specified in Paragraph A of this section.

(2) The subbase course where required shall be installed and compacted in accordance with Pennsylvania Department of Transportation specifications and shall extend a distance of seven inches for BCBC base course and 12 inches for crushed aggregate base course on all streets beyond the paving line when curbs are not to be installed.

(3) Bituminous base, binder and surface courses shall be laid to the specified thickness measured, after compaction. All bituminous courses shall be laid with a mechanical bituminous paver in accordance with specifications of the Pennsylvania Department of Transportation Specifications, Publication 408, latest edition thereof.

(4) Crown board and straight edge shall be used for checking street construction. Maximum tolerance shall not exceed 1/4 inch in the finished surface.

(5) Delivery slips for all material deliveries shall be furnished to the Board.

(6) Failure to adhere to the above specifications shall give the Board cause to refuse to accept streets for dedication.

(7) All wearing courses shall be sealed to the concrete curb with a solid one-foot wide Class BM-1 bituminous gutter seal.

D. Grading and Shoulders.

(1) Roadways shall be graded for the full width of the right of way on each side, unless modified by the Board of Supervisors to permit less grading to avoid disturbance of significant trees, historic structures, or other significant natural or cultural resources. Shoulders or berm areas, including planting strips behind curbs, shall be graded with a minimum slope of 1/2 inch per foot and a maximum slope of one inch per foot. Beyond the limits of this grading, banks shall be sloped to prevent erosion but this slope shall conform to details included in Appendix A. All unpaved areas between the street line and the curb or shoulders (as the case may be) shall be covered with not less than four inches of topsoil, fertilized and seeded in manner and with materials approved by the Board of Supervisors.

(2) Seeding. All unpaved areas between the street line and the curb or shoulders (as the case may be) shall be covered with not less than four inches of topsoil, fertilized, seeded, and mulched in a manner and materials approved by the Board of Supervisors.

E. Underdrain. Underdrains may be required by the Board of Supervisors or Township Engineer to mitigate wet road conditions.

§ 22-416 Alleys.

[Ord. 138, 7/17/1996, § 415; as amended by Ord. 178, 12/1/2004]

1. Alleys are recommended for residential developments with lots less than 50 feet wide and shall have a minimum cartway width of 12 feet and a minimum right-of-way width of 20 feet.

2. In commercial developments without expressly designed loading areas, the Board of Supervisors may require alleys with minimum cartway widths of 20 feet and minimum right-of-way widths of 30 feet, and which otherwise conform to the standards for public streets provided in this chapter.

§ 22-417 Private Streets.

[Ord. 138, 7/17/1996, § 416; as amended by Ord. 178, 12/1/2004]

1. The following standards shall apply to private streets:

A. No more than five residential lots shall be served by a private street. Private streets are prohibited on non-residential lots. In the case where lots served by a private street are capable of further subdivision, and therefore, having the potential to exceed the five lot limit, the private street shall be designed in accordance with public street standards for a local street.

B. All private streets shall be constructed with a twenty-foot wide base course consisting of a minimum of eight inches of crushed aggregate base course (PennDOT Publication 408 specifications) placed on a prepared and compacted dry subgrade. The base course shall be shaped and rolled to provide a two-inch crown or sloped laterally to facilitate drainage and shall be covered with 1 1/2 inches of ID-2 compacted binder course followed by one inch of ID-2 compacted wearing course, a minimum of 18 feet wide. A fifty-foot right-of-way is required. A shoulder area, 10 feet in width, shall be constructed along both sides of the paved cartway. Drainage swales as approved by the Township Engineer may be required on each side of the street.

C. The requirements of § 22-310D regarding a street agreement shall be met. As a condition to final plan approval, an agreement providing for the maintenance, repair, construction and reconstruction, including drainage facility maintenance and snowplowing of private streets, shall be submitted to and approved by the Township. The agreement shall also contain conditions under which the street may later be offered for dedication to the Township. The conditions shall state that the street must conform to the Township public street specifications or that the owners of the abutting lots shall include with the offer of dedication sufficient money, as estimated by the Township Engineer, to bring the street into conformance with Township specifications. The deed for each new or existing property fronting on the private street shall reference the agreement.

D. Any subdivision or land development application proposing six or more single family home lots served by an internal street shall be designed in accordance with Township public street standards. In planned residential developments and commercial and industrial developments, the Board shall designate those streets to be designed and constructed as Township streets.

E. The turnaround shall be provided with an all-weather surface to be approved by the Board of Supervisors and Planning Commission and shall be constructed in accordance with § 22-411.

§ 22-418 Private Driveways.

[Ord. 138, 7/17/1996, § 417; as amended by Ord. 163, 6/12/2002, § 12; and by Ord. 178, 12/1/2004]

1. General.

A. Private driveways shall be provided for all residences and the construction shall be in accordance with the regulations of this section in order to provide safe access to Township and State roads, to eliminate problems of stormwater runoff, and to assure sufficient area for and access to off-street parking.

B. Any person, partnership or corporation wishing to construct or alter a driveway onto a public right of way shall first make application to the Code Enforcement Officer or other designated official of the Township, present plans and obtain a permit for said construction.

C. No building permit will be issued without first obtaining a permit to construct such driveway.

D. No more than two lots shall be served by a private driveway in cases of common ownership or shared use of a private driveway. As a condition to final plan approval, an agreement providing for the maintenance, repair, construction and reconstruction, including drainage facility maintenance and snowplowing of the common driveway, shall be submitted to and approved by the Township, and shall be recorded against the lots in question.

E. A common driveway, as defined by this chapter, shall be of sufficient width, in the opinion of the Township Engineer, to provide safe passage of two vehicles or shall have a sufficient number of pullover areas to provide safe passage of two vehicles.

F. Private driveways, whether individual or common, on corner lots shall be located at least 50 feet for local roads and 100 feet for collector and arterial roads from the point of a four-way intersection of the nearest street right of way lines. These limitations shall not apply to private driveways on corner lots proposed near "T" or three-way intersections. For any lots other than corner lots, driveways shall be located at least 100 feet from the point of intersection of the nearest street right of way lines, except as otherwise recommended to the Board of Supervisors by the Township Engineer.

G. No driveway shall be situated within five feet of a side or rear property line, except where common driveways are utilized or where otherwise approved as a condition of approval for development utilizing the open space design option in accordance with the East Vincent Township Zoning Ordinance [Chapter 27].

H. Private driveways, accessways and other means of interior circulation serving multi-family residential, institutional, commercial or industrial properties shall conform to the provisions of § 22-430. To the extent application of the provisions of § 22-430 is inconsistent with the provisions of this section, the provisions of § 22-430 shall apply.

2. Plans. A plan shall be submitted to the Township with each driveway application which shall include at least the following:

A. Site plan of that portion of the proposed driveway within 25 feet of public right of way and 25 feet to each side of centerline of the driveway.

B. Adjacent driveways or streets within 100 feet.

C. Profile of driveway with existing and proposed grading within the area of the site plan and existing or proposed public road.

3. Construction.

A. Grade. The driveway within the legal right of way of the public road, or for a distance of at least 20 feet from the edge of the cartway, whichever is greater, shall not have a grade in excess of 4%. That portion of the driveway that extends from the legal right of way for a distance of 50 feet shall not have a grade exceeding 10%.

B. Material. The driveway shall be constructed with a base of stone compacted to eight inches and a surface of a minimum of 1 1/2 inch ID-2 bituminous wearing course or a five inch bituminous concrete base course (BCBC) with a 1 1/2 inch bituminous surface course ID-2. Driveway material standards shall apply to driveways for a minimum of 20 feet from the edge of cartway or curb.

C. Width. No driveway shall be less than 10 feet wide within the limits of the legal right of way.

D. Clear Sight Distance. No permit shall be issued for any driveway, nor shall any driveway be constructed whereon the sight distance does not meet the requirements of PennDOT Regulations, 67 Pa. Code, Chapter 441, "Access to and Occupancy of Highways by Driveways and Local Roads," as amended.

E. A minimum of one parking space within the street right of way, but off the paved cartway, shall be provided where the grade of the driveway at any point exceeds 8%. Such off street parking space shall be a minimum of nine feet by 18 feet and shall be on a grade not exceeding 8%.

4. Drainage.

A. The gutterline, wherever possible, shall be maintained as a paved swale. It shall have a maximum depth of four inches and a minimum width of 24 inches.

B. A pipe may only be placed under the drive entrances when approved by the Township. The condition where a pipe will be accepted will be governed by the gutter depth on each side of the drive. The minimum pipe allowed for a driveway is 15 inches in diameter.

C. Driveways shall be graded so that, wherever possible, surface drainage will be discharged to the owner's property; otherwise, adequately sized pipes, inlets, and/or headwalls shall be installed and gutter improvements shall be made to direct surface drainage into the road drainage system and not onto the paving of the intersecting road.

5. Escrow Prior to Building Permit and Withholding of Use and Occupancy Permit.

A. In order to assure compliance with the requirements of Subsections 3 and 4 above, it shall be a condition precedent to issuance of a building permit for the premises that the applicant or property owner shall have deposited with the Township financial security (in cash or as otherwise permitted by the Pennsylvania Municipalities Planning Code, 53 P.S. § 10101 et seq., for completion of public improvements and in an amount equal to 110% of the cost of completion) to assure completion of paving of the first 20 feet of driveway either before the building or structure is occupied, or when weather permits. If the property owner fails to complete such paving before the building or structure is occupied, or if weather does not permit completion at that time, when weather conditions are satisfactory to allow completion, the Township shall have the right (but not the obligation) to complete the required work using the financial security for such purpose. If the applicant for building permit or property owner completes the paving work as required above, the financial security shall be released to him without interest upon such completion.

B. In addition to any other remedies provided herein, the Township may withhold an occupancy permit for any new residence, building or other structure on a property which is not in compliance with the requirements of Subsections 3 and 4 above (subject to the Township's right to defer compliance until weather conditions permit the required paving, provided that the financial security described in the above paragraph has been deposited with Township).

§ 22-419 Curbs.

[Ord. 138, 7/17/1996, § 418; as amended by Ord. 178, 12/1/2004]

1. Curbs shall be installed along both sides of all proposed public streets and shall be the vertical type, except as provided in § 22-411 for culs-de-sac or single-ended streets. No curb is required for private streets.

2. Curbs shall be provided on all new parking areas located within a land development.

3. All curbs shall conform to specifications for Class A concrete, as specified by PennDOT, with a minimum compressive strength of 3,000 psi after 28 days.

4. Curbs and drainage swales shall be constructed to the dimensions shown in Appendix A.

5. Curb constructing methods shall be in accordance with PennDOT Publication 408.

6. When curved curb joins with tangent curb at curb returns on sharp curves where a curb is jointed to an inlet and elsewhere as directed, there shall be embedded in the concrete two #4 reinforcing bars 24 inches long. These bars shall extend 12 inches into the curb on each side of the joint. The portion of the bar extending into the tangent curb shall be rendered bondless by a coating of approved material and enclosed in part in approved tubes or caps which will provide a 1/2-inch minimum positive clearance pocket. The top surface of the curb shall be finished true to line and grade in a smooth, neat and even manner by means of wood floats, and the edge of the faces and back shall be rounded to a radius of not more than 3/4 inch.

7. The depressed curb at driveways shall be no higher than 1 1/2 inch above the street surface. The length of this depressed curb shall not exceed 35 feet without a safety island. This safety island shall not be less than 15 feet in length.

8. Excavations shall be made to the required depth, and the material upon which the curb is to be constructed shall be compacted to a firm, even surface. Where the subgrade is soft or spongy, as determined by the Township Engineer, a layer of crushed stone not less than four inches thick shall be placed under the curb, and the use of "U" drains or sub-drains may also be required by the Township Engineer.

9. Where it is necessary to replace existing vertical curbs with depressed curbing, two ten-foot long sections of existing curb shall be removed down to the subgrade without disturbing the adjacent cartway paving. Any portions of the cartway disturbed during curbing removal or installation will be repaired to new condition.

10. Any depressed curb sections that are unused when a development or phase of a development is completed, shall be completely removed and replaced with full section upright curbing to line and grade of adjacent curbing. Forming and pouring vertical curbing on top of an existing curb depression will not be permitted.

§ 22-420 Street and Traffic Control Signs.

[Ord. 138, 7/17/1996, § 419; as amended by Ord. 178, 12/1/2004]

1. Proposed streets which are obviously in alignment with already existing and named streets shall bear the names of the existing streets.

2. In no case shall the name of a proposed street duplicate, or be similar to an existing street name in the Township and in the postal district, irrespective of the use of the suffix street, road, avenue, boulevard, driveway, place, court, lane, etc.

3. All street names shall be subject to the recommendation of the Township Planning Commission, coordinated with the Office of the County Emergency Services, and the approval of the Board of Supervisors.

4. Street name signs shall be installed at all street intersections, and shall include cross-street names. The design and placement of such signs shall be subject to approval by the Township Engineer.

5. Applicants shall be responsible for the installation of traffic control and street signs for any new subdivision, or any land development where frontage or other public street improvements are proposed, including any related traffic study, and any related Township ordinance development, advertising, and publication costs, prior to the Township's acceptance of any public street dedication, or release of any improvement bond.

6. Traffic control signs shall be shown on final plans for all streets. Signs shall meet PennDOT standards. The Township may require additional signs prior to accepting dedication of a street, such as "No Parking during Snow Emergencies" signs.

7. Traffic signals shall contain emergency preemption equipment which is compatible with local fire department and emergency vehicle equipment.

§ 22-421 Sidewalks.

[Ord. 138, 7/17/1996, § 420; as amended by Ord. 178, 12/1/2004]

1. Paved sidewalks shall be provided on all collector streets within a subdivision, on all streets within 1,000 feet of and leading to a school, on all commercial streets, and at such other locations deemed by the Board to be necessary for the safety and convenience of the public.

2. Sidewalks shall be required on both sides of new streets in residential subdivisions or land developments. Sidewalks shall be required on only one side of the street in subdivisions or land developments if there are residential lots on only one side of the street.

3. Sidewalks shall be provided along all new streets and parking areas located in non-residential subdivisions or land developments unless it can be shown, to the satisfaction of the Board, that pedestrian traffic does not follow or mix with vehicular traffic, in which case, both sidewalks and curbs may not be required.

4. Sidewalks shall be located within the street right of way a minimum of one foot from the right of way line. Generally, a grass planting strip should be provided between the curb and sidewalk. Handicap ramps shall be provided at all intersections.

5. Maintenance of sidewalks is the responsibility of the owner of the property directly adjacent to the sidewalk. Sidewalks which are damaged or deteriorating and present a hazard to public safety as determined by the Township Code Enforcement Officer shall be repaired at the owner's expense.

6. All sidewalks shall conform to specifications for Class A concrete, as specified by PennDOT, with a minimum compression strength of 3,500 psi after 28 days.

7. Sidewalks shall be a minimum of four feet wide except along collector and arterial streets and adjacent to shopping centers, schools, recreational areas and other community facilities, where they shall be a minimum of five feet wide. Sidewalks which directly abut a curb shall be a minimum of six feet wide. Sidewalks may need up to an additional two feet in width if they directly abut fences, walls, and buildings.

8. Where sidewalks abut the curb and building, wall or other permanent structure, a premolded expansion joint 1/4 inch in thickness shall be placed between curb and the sidewalk for the full length of such structure. Sidewalks shall be constructed in separate slabs 30 feet in length except for closures. The slabs between expansion joints shall be divided into blocks five feet in length by scoring transversely.

9. Sidewalks shall have a minimum thickness of four inches when used solely for pedestrian traffic and a minimum thickness of six inches at all residential driveways; seven inches for commercial driveways, and eight inches for industrial driveways. Welded wire fabric (6/6-10/10) shall be provided in all sidewalks constructed at driveways.

10. Excavation shall be made to the required depth and a layer of four-inch base of 2A aggregate shall be placed and thoroughly compacted prior to laying the sidewalks when used solely for pedestrian traffic and a minimum thickness of a six-inch base at all driveways.

§ 22-422 Landscape Design, Installation, and Maintenance Standards.

[Ord. 138, 7/17/1996, § 421; as amended by Ord. 163, 6/12/2002, § 14; and by Ord. 178, 12/1/2004]

1. All required landscaping and screening shall be installed and maintained in accordance with a landscape plan, prepared by a registered landscape architect, and approved by the Township. The landscape plan shall depict all proposed plantings required to compliment, screen or accentuate buildings, roads, parking areas, sidewalks, walkways, sitting areas, service or maintenance structures, courtyards, and other site features and/or structures. Plant sizes, spacing, and types shall be in accordance with this section.

2. All required landscape plans shall be submitted at the time when all other required applications and/or plans are submitted (i.e., preliminary subdivision or land development plan submission, conditional use approval application where applicable, etc.). Landscape plans shall be based on and reflect the following objectives:

A. A design which is responsive to the functional and aesthetic characteristics of the tract or lot, and existing and proposed principal and accessory buildings and other structures.

B. A design which respects/incorporates existing topography, landscape, and other natural features such as hedgerows and woodlands.

C. A design which demonstrates an effective proposal for screening the proposed use or activity from the adjoining properties.

D. A design which creates visual interest for the users and/or residents of the proposed project, and enhances views.

E. A design which promotes effective management of stormwater to minimize soil erosion and sedimentation and creates opportunities for infiltration to the groundwater system.

F. The use of plant material which is acclimated to local conditions; located and spaced to achieve required screening, compatible groupings and other effective purposes; and not injurious of persons or pedestrians and vehicular circulation.

3. Applicability. The requirements of this section shall apply to the following situations:

A. Screening. Any activities for which a landscape buffer or screening is required by this chapter or the East Vincent Township Zoning Ordinance [Chapter 27] or would be imposed by the Zoning Hearing Board or by the Board of Supervisors as a condition of approval. The Board of Supervisors may require screening or buffering for the purpose of providing privacy for dwellings, separating incompatible land uses, shielding unattractive structures from view, noise abatement or reduction in light or glare.

B. Perimeter Buffer.

(1) The entire perimeter of any tract undergoing subdivision or land development for other than agricultural or open space purposes shall be provided with a planting strip a minimum of 20 feet in width which will act as an effective screen separating uses. The planting strip may be included in private yard space or common open space or a combination thereof, and shall be designed and installed in compliance with the requirements of this section. The Board of Supervisors may reduce the perimeter buffer requirement where any tract abuts similar uses such that the Board agrees that screening is not necessary or where applicant can demonstrate to the satisfaction of the Board that existing vegetation, structural and/or topographic conditions will conceal, on a year-round basis, development from view from adjacent tracts.

(2) Any development within the GI or PO Zoning Districts, as established by the East Vincent Township Zoning Ordinance [Chapter 27], shall further establish a continuous landscaped buffer a minimum of 50 feet in width measured from the lot or right-of-way line for the full length of any public street frontage. Landscaping within this buffer shall be designed and installed in compliance with the requirements of this section.

(3) Required perimeter buffer areas may include stormwater management facilities when the Township is satisfied that alternative locations for such facilities are not practicable and when such facilities are landscaped in a manner compatible with adjoining buffer areas.

(4) Required perimeter buffer areas shall be restricted from future development by an easement, and maintenance of the buffer and any improvements therein shall be the obligation of the property owner.

(5) Any part or portion of a lot or tract which is not occupied by buildings nor used for loading and parking spaces and aisles, sidewalks and designated storage areas shall be left in its natural state or shall be landscaped according to the landscape plan, prepared and approved as part of applicable subdivision/land development plan(s). A replacement program for non-surviving plants shall be included as part of any required landscape plan(s).

4. Minimum Planting Standards. All required landscaping shall meet the minimum planting standards, criteria for selection of plant material, and design standards of this section.

A. The total number of plantings required shall be no less than the total calculated from all columns in the following table and shall be in addition to any required replacement plantings due to woodland disturbance. The total number of required plantings may be dispersed throughout the tract to meet the objectives of this section subject to the approval of the Township Engineer. Additional plantings may be provided.

Improvement/Conditions	Deciduous Trees	Evergreen Trees	Shrubs
Per 1,000 square feet gross building area, ground floor only (building "footprint")	2	1	8
Per 2,000 square feet off street parking or loading area, excluding driveways less than 18 feet wide	1	1	4
Per 100 linear feet of new and existing public or private road frontage, measured on both sides where applicable	2	1	5
Per 100 linear feet of existing tract boundary, where not coincident with existing or proposed road frontage	1	2	8

B. Where applicant can demonstrate to the satisfaction of the Board of Supervisors that existing vegetation, structural and/or topographic conditions located within 100 feet of existing tract boundaries or within 100 feet of the cartway of existing or new roadway segments will conceal, on a year-round basis, adjacent development from view from such tract boundary or roadway segments, the linear footage of such tract boundary or roadway segments may be excluded from calculation of required plantings as above.

C. Where calculation of the minimum number of plantings required as above results in fractions of plants required, the minimum number of plants required shall be rounded up to the nearest whole number.

D. Plantings used to comply with the minimum number of plantings required as above shall be:

(1) Deciduous trees: 2 1/2 inch caliper, minimum.

(2) Evergreen trees: eight feet in height, minimum.

(3) Shrubs: 24-30 inches in height, minimum.

Plantings and their measurement shall conform to the standards of the publication "American or U.S.A. Standard for Nursery Stock," ANSI or U.S.A.S. Z60.1 of the American Association of Nurserymen, as amended. All plant material used on the site shall have been grown within the same USDA hardiness zone as the site, shall be free of disease, and shall be nursery grown, unless it is determined by the Township that the transplanting of trees partially fulfills the requirements of this section. At the discretion of the Board of Supervisors, plantings required as above, may be waived or reduced if applicant can demonstrate to the satisfaction of the Board that retaining existing plant material or other means of landscaping substantially achieves the objectives of this section.

5. Landscape Design Standards.

A. The minimum number of plantings shall be determined in accordance with Subsection 4A above. Additional plantings may be provided to further the purposes of this section. Plantings provided in excess of the minimum required need not comply with the dimensional standards herein. Use of linear measurements for purposes of calculation is not intended to specify linear arrangement of plantings. Groupings of plantings are encouraged in lieu of linear arrangement, consistent with the provisions of this section.

B. Consistent with the terms of this section, applicant shall plant trees and shrubs and make other landscape improvements (e.g., berms, fencing) as necessary to mitigate any adverse impacts, including visual impacts, which applicant's proposed subdivision or land development will have on his property, adjoining properties, and the Township in general, and otherwise address landscape issues identified through review of the required plans.

C. Plantings and other landscape improvements shall be provided in arrangements and locations in response to specific site conditions and which best mitigate impacts of the applicant's proposed land disturbance actions. The amount, density, and types of plantings in any given location shall be based upon physiographic features, feasibility of using native species, proximity to existing dwellings, compatibility of adjacent uses, nature of views into and across the subject site, and in consideration of privacy of neighboring residential development.

D. Plantings and other landscape improvements shall generally conform in design to that established or planned on adjoining lots or tracts where such has been approved by the Township, although unique elements may be introduced when determined by the Township to have an overall benefit to the landscape.

E. Except for post and rail or board fences four feet in height or less and stone landscape walls, no fences or walls shall be located within any required perimeter buffer along any public street or road. Fences and walls provided for security or access control purposes, and constructed of chain link or any solid material and/or exceeding four feet in height, may be located behind the perimeter buffer and shall be screened from view in accordance with the provisions of this section.

F. Where specific need(s) for visual screening or privacy have been identified, evergreen plantings shall be provided at least eight feet in height, or combined with berms as provided below to achieve an effective height of eight feet, and planted at intervals no less than eight feet on center. Where the Township agrees that an eventual screen (in three to five years) is acceptable in lieu of an immediate screen (to buffer future development, for example), evergreen plantings shall be at least four feet in height, substituted at a ratio of three to one as provided in Subsection 4A, above, and planted at intervals of three to five feet on center.

G. Where earthen berms are to be used, they shall be designed to be low-profile, and supplemented with plantings so that an effective visual barrier of at least eight feet in height measured from the crown of the adjoining public street is created in appropriate locations to screen from public view outdoor storage, truck or heavy equipment parking, storage and loading areas, trash dumpsters, or other activities permitted in accordance with this chapter or the East Vincent Township Zoning Ordinance [Chapter 27], and conducted outside of residential, commercial, institutional, or industrial buildings. If berms are used as a landscape or screening feature, plantings are to be installed on both sides of the berm, not solely at the ridgeline or top of the berm, and shall be subject to the review and approval of the Township. Side slopes shall not exceed a 4:1 ratio, and berms shall be designed to blend with adjoining property topographic conditions or similarly landscaped buffered areas rather than end abruptly at the property line.

H. Shade trees of varying species shall be planted as street trees along all streets, located five feet outside of the ultimate right-of-way line, spaced not less than 40 feet nor more than 50 feet apart, staggered where appropriate, along both sides of all existing streets adjoining the subject property and all proposed streets.

I. Planting areas shall be selected and designed to reflect natural landscape characteristics existing prior to land disturbance, as well as those environmental conditions to be created following land disturbance by the applicant.

J. The locations, dimensions, and spacing of required plantings shall be adequate for their proper growth and maintenance, taking into account the sizes of such plantings at maturity and their present and future environmental requirements, such as moisture and sunlight. In selecting locations for shade trees, consideration also shall be given to aesthetic qualities of the site and to the protection of solar access. In selecting the layout for landscape buffers or the location and mix of required plantings, consideration shall be given to the natural topography of the setting and the texture, coloration, and compatibility of different plant species; it is strongly encouraged that improved landscapes be designed in such a manner as to be creative and attractive while maintaining the integrity of the natural landscape within which such work is proposed.

K. Plantings shall be limited or carefully selected for locations where they may be disturbed or contribute to conditions hazardous to public safety. Examples of such locations include but shall not be limited to the edges of parking areas; public street rights-of-way; underground and above-ground utilities; and sight triangle areas required for unobstructed views at street intersections. No trees shall be planted closer than 15 feet from fire hydrants, street lights, or stop signs.

L. All off street parking areas, except those intended solely for use by individual single family residences, shall be landscaped with trees and shrubs of varying species, in accordance with the following:

(1) Off-street parking areas shall be landscaped to reduce wind and air turbulence, heat and noise, and the glare of automobile lights; to reduce the level of carbon dioxide; to provide shade; to ameliorate storm water drainage problems; to replenish the groundwater table using bioretention islands; to provide for a more attractive setting; to protect the character and stability of residential, business, institutional, and industrial areas; and to conserve the value of land and buildings on surrounding properties and neighborhoods.

(2) Planting areas shall be placed so as to facilitate snow removal and to provide for safe movement of traffic without interference of proper surface water drainage. Planting areas shall be bordered appropriately to prevent erosion or damage from automobiles. Bollards may be used to afford protection of trees from vehicular movement.

(3) The landscaping and planting areas shall be reasonably dispersed throughout the parking lot, except where there are more than 20 spaces in which the following shall apply.

(a) Landscaped areas at least 10 feet wide shall be provided around the periphery of parking areas. Such areas shall, at a minimum, extend the full length and width of the parking areas, except for necessary access ways, to prevent the encroachment of moving vehicles into parking areas.

(b) Landscaped islands at least 10 feet wide shall be provided between each set of two parking bays.

(c) Landscaped islands at the end of each parking bay shall be provided and shall be the length of two parking spaces and at least 10 feet in width.

(d) Two feet of each parking stall adjacent to planting strips required in subparagraphs (1) and (2) above shall be of a permeable surface (e.g., concrete blocks filled with stone) to allow water to percolate into the ground.

(4) Permitted parking lots not conforming to the criteria listed above shall be planted with the same ratio of trees to parking spaces as conventional parking lots but these may be planted in more varied configurations.

(5) All parking lots shall be designed to provide for safe, reasonable pedestrian access. Parking lots with more than 50 spaces shall include paved pedestrian walkways. Pedestrian walkways may be located along or through landscaped islands or other landscaped areas adjacent to the parking lot.

6. Criteria for Selection of Plant Material.

A. Species selected by the applicant shall reflect careful evaluation of the required existing features plan and in particular the following considerations:

(1) Existing and proposed site conditions and their suitabilities for the plant materials, based upon the site's geology, hydrology, soils, and microclimate.

(2) Specific functional and design objectives of the plantings, which may include but not necessarily be limited to provision for landscape buffer, visual screening, noise abatement, energy conservation, wildlife habitats, and aesthetic values.

(3) Maintenance considerations such as hardiness, resistance to insects and disease, longevity, and availability.

B. Because of the many benefits of native plants (ease of maintenance, longevity, wildlife habitat, etc.), applicant is urged to conform to the requirements of this section through the use of nursery grown native trees and shrubs. A suggested plant list is included in Subsection 9.

C. Species for shade trees, including street trees, shall be selected with particular emphasis on hardiness, growing habit for pedestrian and vehicle passage, minimal need for maintenance, and compatibility with other features of the site and surrounding environs.

D. For the purposes of promoting disease protection, minimum maintenance, diverse natural plant associations, and long-term stability of plantings, the applicant is encouraged to choose those combinations of species which may be expected to be found together under more-or-less natural conditions on sites comparable to those where the trees and shrubs are to be planted.

7. Conservation of Existing Vegetation and Natural Features. All landscape plans shall be designed in conformance with the provisions of § 22-429 regarding conservation of woodlands and riparian buffer areas. Applicants shall make all reasonable efforts to harmonize their plans with the conservation of existing vegetation and natural features. Care shall be exercised to protect remaining vegetation from damage during construction, in accordance with the procedures set forth in § 22-429.

8. Site Maintenance and Guarantee.

A. All landscape improvements to be provided in accordance with this section, shall be installed and maintained by accepted practices as recognized by the American Association of Nurserymen. Planting and maintenance of vegetation shall include, as appropriate, but not necessarily be limited to, provisions for: surface mulch, guy-wires and stakes, irrigation, fertilization, insect and disease control, pruning, mulching, weeding, and watering.

B. Applicant shall make arrangements acceptable to the Township that all landscape improvements installed in accordance with this chapter shall be guaranteed and maintained in a healthy and/or sound condition, or otherwise be replaced with equivalent improvements, for a period of at least 18 months. After installation and prior to Township acceptance of the site improvements, representatives of the Township shall perform an inspection of the finished site for compliance with approved landscape plan(s).

C. Installation of landscape improvements shall be guaranteed along with all other site improvements in accordance with § 22-311. The costs of landscape material and installation shall be considered in determining the amount of any performance guarantee required. At the Township's discretion, the applicant may be required to provide a letter of credit, escrow sufficient additional funds, or provide a bond with surety, for the maintenance and/or replacement of landscape improvements during the eighteen-month replacement period. In addition, a letter of credit or escrow may be required for the removal and replacement of specimen vegetation damaged during construction. At its sole discretion, the Township may remedy failure to complete installation or to maintain required landscape improvements in accordance with the provisions of this chapter.

9. Suggested Plant List (not an exclusive list).

Evergreen Trees and Shrubs
Juniperus virginiana	Eastern Red Cedar
Pious strobus	White Pine
Rhododendron maximum	Rhododendron
Shade Trees
Acer rubrum	Red Maple
Acer saccharom	Sugar Maple
Carya ovata	Shagbark Hickory
Catalpa speciosa	Northern Catalpa
Fagus grandifolia	American Beech
Fraxinus americana	White Ash
Fraxinus pennsylvanica	Green Ash
Gleditsia triacanthos	Thorn less Honey Locust
Liquidambar styraciflua	Sweet Gum
Liriodendron tulipifera	Tulip Poplar
Platanus acerifolia	London Plane Tree
Platanus occidentalis	American Sycamore
Prunus serotina	Black Cherry
Quercus alba	White Oak
Quercus rubra	Northern Red Oak
Quercus coccinea	Scarlet Oak
Quercus palustris	Pin Oak
Tilia americana	American Basswood
	Amur Cork Tree
Small Trees and Shrubs
Amelanchier arborea	Shadbush/Serviceberry
Cercis canadensis	Redbud
Comus florida	Flowering Dogwood
Crataegus phaenopyrum	Washington Hawthorn
Ginkgo biloba	Gingko (male only)
Ilex montana	Winterberry
Ostrya virginiana	Ironwood
Oxydendrum arboreum	Sourwood
Vaccinium corymbosum	Highbush blueberry
Viburnum dentatum	Arrowwood
Viburnum obovatum	Blackhaw
	Amur Maple

§ 22-423 Sewage Treatment and Disposal.

[Ord. 138, 7/17/1996, § 422; as amended by Ord. 178, 12/1/2004]

1. Each lot shall have approved sewage facilities in accordance with the provisions of the Pennsylvania Department of Environmental Protection and the Chester County Health Department. All sanitary sewer facilities shall be subject to the requirements of the Pennsylvania Sewage Facilities Act and the rules and regulations there under of the Pennsylvania Department of Environmental Protection including without limitation, those at 25 Pa. Code, Chapters 71 and 73, and the rules and regulations of the Chester County Health Department. The applicant shall provide sewage treatment and disposal consistent with existing physical, geographical, and geological conditions of the site and consistent with the Township's officially adopted Act 537 Sewage Facilities Plan. This sewage treatment and disposal should provide adequate protection against pollution of the environment over the lifetime of the development. This sewage treatment and disposal should also be consistent with the goals of the Green Valleys Association's Sustainable Watershed Management Program to the maximum extent possible, utilizing technologies which are land-based and decentralized, and which recycle maximum quantities of treated wastewater effluent back into the ground, in contrast to centralized stream discharge of effluent.

2. Public sanitary sewers shall be designed and constructed in strict accordance with Pennsylvania Department of Environmental Protection, East Vincent Township and the East Vincent Municipal Authority standards. A copy of the approval by the East Vincent Municipal Authority of such systems shall be submitted with the final plan. Permits, where required, shall be obtained before construction of a sanitary sewer system is started.

3. Sanitary sewers shall not be used to carry stormwater.

4. All lots which cannot be connected to a public or community sanitary sewage disposal system in operation at the time of construction of a principal building shall be provided with an individual on-site sanitary sewage disposal system meeting the design standards of the Pennsylvania Department of Environmental Protection and the Chester County Health Department.

5. If individual on-site sanitary sewage disposal facilities are to be utilized, the applicant shall prepare a feasibility report to be incorporated in the Land Planning Modules to be submitted. Such report shall compare the cost of providing on-site facilities with alternate sewage disposal methods. Based on the analysis of this report, the Township may require the installation of a public sanitary sewer system or capped sewer constructed in accordance with East Vincent Municipal Authority regulations.

6. Where individual on-site sanitary sewage facilities are to be utilized, each lot so served shall be of a size and shape to accommodate the required primary and alternative disposal areas and the required horizontal isolation or setback distances and other requirements under the rules and regulations of the PADEP. Final plans shall clearly indicate these areas. Lots created through use of the open space design option [Part 9] of the East Vincent Township Zoning Ordinance [Chapter 27] do not need to be of a size and shape to accommodate the required primary and alternative disposal areas, provided, sanitary sewage facilities are to be located within restricted open space areas subject to Board of Supervisors approval pursuant to § 27-906.1B(4) of the Zoning Ordinance [Chapter 27].

7. Where community on-lot sewage disposal systems are proposed, requiring a building or structure to be located above ground, the building or structure shall be completely screened from the view of any adjacent properties, according to the screening provisions of the Township Zoning Ordinance [Chapter 27].

8. The proposed method of sanitary sewage disposal shall be in accordance with the East Vincent Township's officially adopted Act 537 Sewage Facilities Plan, as amended.

9. Sanitary Sewage Disposal System(s).

A. Sanitary sewage disposal systems shall be provided consistent with the design standards and requirements contained in this chapter.

B. Whenever an applicant proposes that individual on-site sanitary sewage disposal systems shall be utilized within the subdivision, before the issuance of a building permit, an on-site system shall be designed and a permit obtained from the Chester County Health Department.

C. In all other cases, the applicant shall provide a complete community or public sanitary sewage disposal system. The design, installation, ownership and maintenance of such systems shall be subject to the approval of the Township Engineer, the Township Planning Commission and Board of Supervisors, and to the approval of the Pennsylvania Department of Environmental Protection. As a minimum, the design of each community on-lot sanitary sewage disposal system shall provide a reserve area in the event the primary subsurface disposal area should fail. The reserve area shall be located within soils suitable to support such a system, and shall not be located within the required open space, except as may be proposed subject to Board of Supervisors approval pursuant to § 27-906.1B(4) of the East Vincent Township Zoning Ordinance [Chapter 27]. Both the primary and reserve area shall be tested, preserved from structures, and noted on the final plan.

10. Soil Percolation Test Requirements.

A. Soil percolation tests shall be performed for all subdivisions wherein building(s) at the time of construction will not be connected to a public or community sanitary sewage disposal system in operation. Deep hole test pits are recommended as a further means of guaranteeing suitability of a site.

B. Soil percolation tests shall be made in accordance with the procedure required by the Pennsylvania Department of Environmental Protection and the Chester County Health Department.

C. Soil percolation tests shall be performed on each lot within the site of the proposed on-site sanitary sewage disposal facilities for both the primary and backup disposal area and noted on the final plan.

D. The results of the soil percolation tests shall be analyzed in relation to the physical characteristics of the tract being subdivided and of the general area surrounding the tract being subdivided. The final plan lot layout shall be based on this analysis.

§ 22-424 Water Supply.

[Ord. 138, 7/17/1996, § 423; as amended by Ord. 178, 12/1/2004]

1. Adequate and potable water supply system(s) shall be installed consistent with design principles and requirements contained in this chapter, the Department of Environmental Protection regulation, and the Chester County Health Department.

2. Where the applicant proposes that individual on-site water supply systems shall be utilized within the subdivision, before the issuance of a building permit, a permit shall be obtained subject to the standards provided for within Subsection 502, Chapter 501, Rules and Regulations of the Chester County Health Department.

3. The design and installation of a public water system or extension shall be subject to the approval of the Township and the water company holding the franchise for East Vincent Township.

4. Wherever a public water system is provided, fire hydrants shall be installed for fire protection as approved by the Fire Marshall and Township Engineer. Where fire hydrants are installed, they shall meet the specifications of the Insurance Services Office of Pennsylvania. Location of hydrants shall be approved by the Township.

A. Generally, all fire hydrants will be located on a minimum looped six-inch line.

B. Fire hydrants shall be spaced in a development so that all proposed building(s) will be no more than 600 feet from the hydrant measured along traveled ways and shall provide a minimum of 500 gallons per minute (GPM) at a residual pressure of 20 pounds per square inch (psi) for a two-hour period.

C. For additional fire protection, a dry hydrant may be required to be incorporated into existing and proposed ponds or reservoirs and an access easement provided for emergency use.

5. Minimum Water Supply Requirements.

A. In all subdivisions and land developments served by public water, the following water pressure and volume requirements shall apply:

(1) Residential Use. A minimum domestic pressure of 20 psi shall be provided at each house to be connected to the water main. The system to which the residential unit is connected shall have sufficient capacity to supply a minimum of 300 gallons of water per residential unit per day within the subdivision or land development.

(2) Commercial or Industrial Use. A minimum pressure of 30 psi shall be provided at each commercial or industrial building connected to the water supply main. When a builder wishes to connect to a public water system, a study will be made to determine if there is adequate water to supply system to supply the building and use.

(a) For purposes of fire protection in commercial and industrial district, 1,000 GPM at 20 psi residual pressure is required or as required for ISO certification.

6. Approvals Conditioned Upon Adequacy of Public Water Supply.

A. No subdivision or land development application proposing a public water supply system shall be granted preliminary or final approval unless the applicant demonstrates, by written documentation satisfactory to the Board, full compliance with the provisions of this section.

§ 22-425 Other Utilities.

[Ord. 138, 7/17/1996, § 424; as amended by Ord. 142, 11/20/1996, § II; and by Ord. 178, 12/1/2004]

1. All other utility lines including, but not limited to electric, gas, street light supply, cable television, and telephone shall be placed underground. Installation of all utilities shall be in strict accordance with the engineering standards and specifications of the public utility concerned. Utilities shall be installed before the base course is placed within the cartway.

2. In accordance with the provisions of Act 178, all developers, contractors, etc., will contact all applicable utilities and accurately determine the locations and depth of all underground utilities within the boundaries of the tract proposed for development, prior to excavation. A list of the applicable utilities and their phone numbers shall appear on the plans submitted for review and proof shall be presented to the Township prior to final plan approval. Any existing or proposed utility easements shall be shown on final plans.

3. Gas, Electric, and Petroleum Product Pipelines. There shall be a minimum distance of 50 feet, measured at the shortest distance, between any proposed dwelling and any existing natural gas, electric, or petroleum product transmission right of way line.

4. Top soil may not be stripped from any portion of a Flood Hazard District. If any grading operation including cuts or fills are approved as part of a Special Exception or by Variance from the Township Zoning Hearing Board, such grading operation shall be in total compliance with the National Flood Insurance Program requirements, the requirements of the Pennsylvania Floodplain Management Act of 1978, and all other flood protection regulations contained in this chapter, the Township Zoning Ordinance [Chapter 27], and the Township Building Code [Chapter 5, Part 1].

§ 22-426 Stormwater Management.

[Ord. 138, 7/17/1996, § 425; as amended by Ord. 178, 12/1/2004]

1. Purpose. In view of the findings set forth in Paragraph A below, specific purposes of East Vincent Township in regulating the management of stormwater are set forth herein:

A. Findings.

(1) Stormwater runoff from lands modified by human activities threatens public health and safety by causing decreased infiltration of rainwater and increased runoff flows and velocities, which overtax the carrying capacity of existing streams and storm sewers, and greatly increases the cost to the public to manage stormwater.

(2) Inadequate planning and management of stormwater runoff resulting from land development and redevelopment throughout a watershed can also harm surface water resources by changing the natural hydrologic patterns, accelerating stream flows (which increase scour and erosion of streambeds and stream-banks thereby elevating sedimentation), destroying aquatic habitat and elevating aquatic pollutant concentrations and loadings such as sediments, nutrients, heavy metals and pathogens. Groundwater resources are also impacted through loss of recharge.

(3) A program of stormwater management, including reasonable regulation of land development and redevelopment causing loss of natural infiltration, is fundamental to the public health, safety, welfare, and the protection of the people of the Township and all the people of the Commonwealth, their resources, and the environment.

(4) Stormwater is an important water resource by providing groundwater recharge for water supplies and base flow of streams, which also protects and maintains surface water quality.

(5) Public education regarding the control and prevention of pollutants entering stormwater is an essential component in successfully addressing stormwater.

(6) Federal regulations and those of the Commonwealth require certain urbanized or partially urbanized municipalities to implement a program of stormwater controls. These municipalities are required to obtain a permit for stormwater discharges from their separate storm sewer systems under the National Pollutant Discharge Elimination System (NPDES).

(7) Non-stormwater discharges to municipal separate storm sewer systems contribute to pollution of waters of the Commonwealth within the Township.

B. Specific Purposes. The specific purposes of this chapter are to promote health, safety, and welfare within the Township and its watersheds by minimizing the harms and maximizing the benefits described in Subsection 1A of this chapter, through provisions designed to:

(1) Meet legal water quality requirements under the laws of the Commonwealth, including regulations at 25 Pa. Code, Chapter 93.4a to protect and maintain "existing uses" of streams and maintain the level of water quality to support those uses in all streams, and to protect and maintain water quality in "special protection waters."

(2) Maintain the pre-development water balance in watersheds and subwatersheds containing first-order and other especially sensitive streams in East Vincent Township, and to work to restore natural hydrologic regimes wherever possible throughout the stream system, during and after construction.

(3) Focus on infiltration of stormwater by maintaining pre-development volumes of groundwater recharge, to prevent degradation of surface and groundwater quality and quantity, and to otherwise protect water resources.

(4) Minimize increase in surface runoff volumes, pre-development to postdevelopment and to work to reduce runoff volumes to natural levels, during and after construction.

(5) Maintain pre-development peak rates of discharge, site-by-site, so as not to worsen flooding on adjacent downstream sites, and to work to restore peak runoff rates to natural levels, during and after construction.

(6) Minimize nonpoint source pollutant loadings to ground and surface waters generally throughout East Vincent Township.

(7) Minimize impacts on stream temperatures during and after construction.

(8) Minimize aesthetic impacts of stormwater management.

(9) Manage stormwater through approaches and practices which require a minimum of structures and which rely on natural processes to the maximum extent practicable.

(10) Manage stormwater runoff impacts at their source by regulating activities that cause identified stormwater management problems.

(11) Provide review procedures and performance standards for stormwater planning and management.

(12) Utilize and preserve the existing natural drainage systems as much as possible.

(13) Manage stormwater impacts close to the runoff source, which requires a minimum of structures and relies on natural processes.

(14) Maintain existing flow regimes and quality of streams and water- courses.

(15) Prevent scour and erosion of streambanks and downcutting of streambeds and protect instream habitat for aquatic biota.

(16) Provide for proper operations and maintenance of all permanent stormwater management BMPs that are implemented in the Township.

(17) Provide a mechanism to identify controls necessary to meet the Township's NPDES permit requirements.

(18) Implement an illegal discharge detection and elimination program to address non-stormwater discharges into the Township's separate storm sewer system.

2. Applicability.

A. Except where exempted or modified subject to the approval of the Township, the provisions of this section shall apply to:

(1) Any subdivision or land development or any activity as set forth in § 27-1507.1A of the East Vincent Township Zoning Ordinance [Chapter 27], where such subdivision, land development or activity involves any permanent or temporary addition or storage of impervious or semi-pervious cover or materials exceeding 1,500 square feet or involves total land disturbance exceeding 5,000 square feet.

(2) Any installation of stormwater management facilities or appurtenances thereto or any diversion or piping of any natural or man-made stream channel.

(3) Any situation where the Township Engineer determines that surface or subsurface drainage could impair public safety or cause physical damage to adjacent lands or public property.

(4) Any stormwater runoff entering into the Township's separate storm sewer system from lands within the boundaries of the Township.

B. Exemptions. Subject to the approval of the Township, the following activities may be exempted from on-site stormwater runoff control. An exemption under this section shall apply only to the requirement for on-site stormwater facilities and the preparation of a stormwater management plan. All other stormwater management design elements such as a storm sewer system, road culverts, erosion and sedimentation control, and runoff quality, shall be required.

(1) Emergency Exemption. Emergency maintenance work performed for the protection of public health, safety and welfare. A written description of the scope and extent of any emergency work performed shall be submitted to the Township within two calendar days of the commencement of the activity. If the Township finds that the work is not an emergency, then the work shall cease immediately and the requirements of this chapter shall be addressed as applicable.

(2) Maintenance Exemption. Any maintenance to an existing stormwater management system made in accordance with plans and specifications approved by the Township.

(3) Gardening. Use of land for gardening for home consumption.

(4) Agricultural Activities. Agriculture when operated in accordance with a conservation plan or erosion and sedimentation control plan approved by the Chester County Conservation District, including activities such as growing crops, rotating crops, tilling of soil and grazing animals. Installation of new or expansion of existing farmsteads, animal housing, waste storage and production areas or other facilities having impervious surfaces that result in a new increase in impervious cover shall be subject to the provisions of this chapter based on the applicability criteria set forth in Subsection 2A above.

(5) Forest Management. Forest management operations, which are consistent with a sound forest management plan, as filed with the Township and which follow the Pennsylvania Department of Environmental Protection's management practices contained in its publication Soil Erosion and Sedimentation Control Guidelines for Forestry. Such operations are further required to have an approved erosion and sedimentation control plan.

C. Compatibility with other Requirements. Approvals issued and actions taken in accordance with this section do not relieve any applicant of the responsibility to secure required permits or approvals for activities regulated by any other applicable code, law, regulation or ordinance, specifically including but not limited to the East Vincent Township Grading Ordinance, Ord. 93, 12/20/1989 [Chapter 9, Part 1]. To the extent that the requirements set forth herein are in conflict with or otherwise differ from any other applicable regulation, the more stringent provision(s) shall apply.

D. Comprehensive Stormwater Management Procedure. Applicants should refer to Appendix F, "The Comprehensive Stormwater Management Procedure," for implementing the stormwater management requirements of East Vincent Township, and may be asked by the Township Engineer, Township Planner, Planning Commission, or Board of Supervisors to demonstrate how their stormwater management approach is consistent with the site design and stormwater management planning principles stated therein.

3. Permanent Stormwater Management Requirements.

A. Stormwater management requirement. Permanent management of all stormwater runoff shall be accomplished in accordance with the provisions of this section. A stormwater management system including a storm sewer system and all appurtenances and retention or detention facilities as necessary shall be required to be constructed by the owner or applicant in conformance with all applicable design standards herein, and in full compliance, with 25 Pa. Code, Chapters 102 and 105, as amended.

B. Rate and Volume Control Standards for Stormwater Runoff. After completion of any activity subject to the regulation of this section, the following standards shall be met:

(1) There shall be no increase in the total volume of stormwater runoff being discharged from the site for up to the two-year, twenty-five-hour storm event, over that which was discharged prior to development as a result of such storm event. In determining compliance with this provision, pre- and postdevelopment volumes shall be calculated as provided in Subsection 7, below. To the greatest extent practicable, retained stormwater shall be treated and infiltrated into the groundwater system.

(2) The peak rate of stormwater discharges from the site resulting from a ten-year storm (five inches of precipitation within 24 hours) shall not exceed the pre-development peak discharge rate resulting from the two-year storm (3.2 inches within 24 hours).

(3) For each of the following design storms and precipitation values, the peak rate of post-development discharge from the site shall not exceed the predevelopment peak discharge rate resulting from the same storm:

Storm	Precipitation
25 yr.	5.6"/24 hrs.
50 yr.	6.3"/24 hrs.
100 yr.	8.4"/24 hrs.

C. Water Quality Requirements.

(1) Water quality enhancement and best management practices (BMPs) shall be employed to capture and treat all post-development site runoff comprising the "first flush," defined as the first 1/2 inch of stormwater runoff. Examples of acceptable BMPs are listed in Subsection 3E below.

(2) Certain industrial sites may be required to prepare and implement a stormwater pollution prevention plan and file notice of intent as required under the provision of the EPA Industrial Stormwater NPDES Permit Requirements. Other industrial sites storing significant quantities of chemicals/wastes should also prepare a prevention plan. Sites that are required by EPA to prepare a plan include, but are not limited to:

(a) Vehicle salvage yards and recycling facilities.

(b) Vehicle and equipment cleaning facilities.

(c) Fleet storage areas for buses, trucks etc.

(d) Facilities that generate or store hazardous materials.

(3) For all activities considered to be potentially high pollutant producers or "hotspots," including, in addition to those set forth in Subsection 3C(2) above, vehicle service and maintenance facilities, industrial sites, fast food establishments, convenience stores, any activity involving chemical mixing or loading/unloading, outdoor liquid container storage, public works storage areas, commercial container nurseries, and high-traffic retail uses characterized by frequent vehicle turnover, additional water quality pre-treatment requirements may be imposed as recommended by the Township Engineer.

(4) Water quality management shall be provided through the use of structural and/or non-structural stormwater management practices. Water quality stormwater management practices shall be designed to reduce or eliminate solids, sediment, nutrients, and other potential pollutants from the site. It is presumed that a stormwater management practice complies with this requirement if it is:

(a) Sized to capture the prescribed water quality volume as set forth in Subsection 3B(1) above.

(b) Designed according to the specific performance criteria outlined in the Pennsylvania Handbook of Best Management Practices for Developing Areas (PACD, 1998) or the 2000 Maryland Stormwater Design Manual (MDE, 2000), or other handbooks or manuals approved by the Township Engineer.

(c) Constructed properly.

(d) Maintained regularly.

D. Additional Requirements. Under certain conditions, where deemed appropriate by the Township at its sole discretion and upon recommendation by the Township Engineer, the following additional requirements for stormwater management may be imposed:

(1) Peak discharge(s) may be further restricted when it can be shown that a probable risk to downstream structures or unique natural areas exists or that existing severe flooding problems could be further aggravated.

(2) Additional measures may be imposed to protect against ground or surface water pollution where the type of land use activity may result in significant non-point source pollution or the nature of the soils or bedrock underlying a stormwater management structure constitutes substantial risk of contamination. Special provisions to be followed in such cases will be provided by the Township Engineer and may include required filtration or pretreatment of stormwater prior to discharge or other imposition of water quality BMPs.

(3) In headwaters watersheds and in areas where groundwater yields are very low or where a groundwater supply already is heavily used, the Township may require that the entire volume of the two-year frequency rainfall (3.2 inches within 24 hours) be retained and infiltrated where it can be demonstrated that soil conditions are appropriate for such infiltration. If substantial irrigation needs are anticipated, a portion of stored stormwater may be re-used for irrigation purposes in lieu of direct infiltration.

E. Potential Modifications to Stormwater Management Requirements. At the sole discretion of the Township, and upon recommendation by the Township Engineer, criteria for volume control and/or control of peak rate discharge, as provided above, may be reduced where such reduction shall result in a significant reduction in land disturbance due to implementation of stormwater management controls, or a significant reduction in utilization of structural stormwater management facilities, and where use of BMPs demonstrably results in significant increases in groundwater recharge, significant reduction in adverse water quality impacts, and/or significant enhancement of water quality, beyond that which would normally be anticipated or acceptable in connection with compliance with the standards set forth above. In consideration of such modification, the Township shall be satisfied that the benefits associated with the proposed stormwater management system clearly outweigh and/or mitigate any potentially negative impacts of reduction in total volume control and/or peak rate control as an acceptable stormwater management practice.

(1) Acceptable use of BMPs may include, but are not limited to:

(a) Infiltration devices.

(b) Constructed wetlands.

(c) Wetland forebays.

(d) Sediment forebays.

(e) Extended duration water quality basins.

(f) Filters, where approved by the Township Engineer.

(g) Wet swales.

(h) Grass channels.

(i) Dry swales.

(j) Retention ponds/extended detention ponds.

(k) Filter strips.

(l) Other bioretention BMPs.

(2) BMP selection, design, implementation, operation and maintenance shall be based upon appropriate reference materials such as the Pennsylvania Handbook of Best Management Practices for Developing Areas, Design of Stormwater Filtering Systems, and other manuals, and as further set forth herein.

F. Stormwater management design shall be consistent with all other environmental regulation set forth in this chapter and the East Vincent Township Zoning Ordinance [Chapter 27], including, but not limited to, conservation of flood prone areas, steep slopes, wetlands, woodlands and other natural features. Riparian buffers shall be established along all streams and shall be re-vegetated where required by the Township.

4. Regulation of Stormwater Discharges.

A. No person shall allow, or cause to allow, stormwater discharges into any storm sewer system which are not composed entirely of stormwater, except for discharges allowed under a Federal permit, a permit obtained from the Common- wealth, or as provided in Paragraph B below.

B. Discharges which may be allowed, based on a finding by the Township that the discharge(s) do not significantly contribute to pollution to surface waters of the Commonwealth, are:

(1) Discharges from firefighting activities.

(2) Uncontaminated water from foundation or from footing drains.

(3) Potable water sources including dechlorinated water line and fire hydrant flushings.

(4) Flows from riparian habitats and wetlands.

(5) Lawn watering.

(6) Irrigation drainage.

(7) Pavement washwaters where spills or leaks of toxic or hazardous materials have not occurred (unless all spill material has been removed) and where detergents are not used.

(8) Routine external building washdown (which does not use detergents or other compounds).

(9) Air conditioning condensate.

(10) Water from individual residential car washing.

(11) Dechlorinated swimming pool discharges.

(12) Springs.

(13) Uncontaminated groundwater.

(14) Water from crawl space pumps.

C. In the event that the Township determines that any of the discharges identified in Paragraph B significantly contribute to pollution of waters of the Commonwealth, or is so notified by DEP, the Township will notify the responsible person to cease the discharge. Upon such notice provided by the Township, the person responsible for the discharge will have a reasonable time, as determined by the Township, to cease the discharge consistent with the degree of pollution caused by the discharge. Nothing herein shall affect a discharger's responsibilities under the laws of the Commonwealth.

D. Prohibited Connections. The following connections are prohibited, except as provided in Paragraph B above:

(1) Any drain or conveyance, whether on the surface or subsurface, which allows any non-storm water discharge including sewage, process wastewater, and wash water, to enter any storm sewer system, and any connections to the storm drain system from indoor drains and sinks.

(2) Any drain or conveyance connected from a commercial or industrial land use to any storm sewer system which has not been documented in plans, maps, or equivalent records, and approved by the Township.

(3) Any roof drains connected to streets, sanitary or storm sewers or roadside ditches, except where specifically approved by the Township upon the recommendation of the Township Engineer.

5. State Water Quality Requirements.

A. No activity subject to the provisions of this section, as set forth in Subsection 2, shall commence until approval by the Township of a plan which demonstrates that, after completion of any activity subject to the regulation of this section, no stormwater discharge shall degrade the physical, chemical or biological characteristics of any receiving waters. Where applicable, the issuance and provision to the Township of copy of an NPDES construction permit (or permit coverage under the Statewide General Permit (PAG-2)) shall satisfy this requirement.

B. Stormwater management BMPs shall be designed, implemented, operated and maintained to meet State Water Quality Requirements, as defined in 25 Pa. Code, Chapter 93, and in accordance with all applicable standards set forth herein, and may include, but are not limited to, the following:

(1) Infiltration. Replication of pre-construction stormwater infiltration conditions.

(2) Treatment. Use of water quality treatment BMPs as referenced in Subsection 3E to ensure filtering out of the chemical and physical pollutants from the stormwater runoff.

(3) Streambank and Streambed Protection. Management of volume and rate of post-construction stormwater discharges to prevent physical degradation of receiving waters (e.g., from scouring).

C. Evidence of any necessary permit(s) from the appropriate DEP regional office for any earth disturbance activities regulated by the Commonwealth shall be provided to the Township.

6. Stormwater Management and Erosion and Sedimentation Control During Land Disturbance.

A. No activity subject to the provisions of this section, as set forth in Subsection 2, shall commence until approval by the Township of an erosion and sediment control plan for any construction activities.

B. The Township shall be provided copy or appropriate evidence of any necessary permit(s) from the appropriate DEP regional office or County Conservation District, as applicable, including any required DEP "NPDES construction activities" permit under 25 Pa. Code § 102.4(b), as well as documentation of approval of any erosion and sediment control plan required by DEP for earth disturbance activities regulated by the Commonwealth.

C. Copy(ies) of all permits required by DEP regulations, shall be available at the affected project site at all times.

D. During the period of land disturbance, peak rates of discharge and discharge volumes from the site shall comply with the standards set forth in Subsection 3B above, with the following additional stipulations:

(1) For purposes of calculating required detention storage during land disturbance, peak discharges and discharge volumes shall be calculated based upon the runoff coefficients for bare soils during the maximum period and extent of disturbance. Controls shall insure that the difference in volumes and rates of peak discharge before disturbance and during shall not exceed those peak discharges and discharge volumes noted above. It should be understood that detention storage during the period of land disturbance and prior to establishment of permanent cover may require additional facilities on a temporary basis. Such measures shall be located so as to preserve the natural soil infiltration capacities of the planned infiltration bed areas.

(2) Wherever soils, topography, cut and fill or grading requirements, or other conditions suggest substantial erosion potential during land disturbance, the Township, as recommended by the Township Engineer, may require that the entire volume of all storms up to a two-year storm from the disturbed areas be retained on site and that special sediment trapping facilities (such as check dams, etc.) be installed.

(3) Sediment in runoff water shall be trapped in accordance with criteria of the Chester County Conservation District and PADEP and removed through means approved by the Township Engineer to assure proper functioning and adequate capacity in the basins or traps.

(4) Procedures shall be established for protecting soils or geologic structures with water supply potential from contamination by surface water or other disruption by construction activity.

(5) Development activity and implementation of temporary erosion and sedimentation controls shall be carried out in accordance with the following principles, which shall be satisfactorily demonstrated by submission of sufficient data and other information as part of the approved erosion and sediment control plan:

(a) The smallest practicable land area shall be disturbed and exposed at any one time during construction.

(b) Land exposure shall occur for the shortest practicable time period.

(c) Temporary ditches, dikes, vegetation, mulching and/or one of the new erosion control products subject to the approval of the Township Engineer and Chester County Conservation District should be used to protect critical areas exposed during development or construction.

(d) Sedimentation basins (debris basins, desilting basins or sediment traps) shall be installed and maintained to remove sediment from runoff from disturbed areas prior to any earth disturbance.

(e) All areas designated for recharge shall not receive runoff until the contributory drainage area has achieved final stabilization. Runoff shall be controlled so as to trap sediment prior to entering any infiltration area or proposed infiltration area.

(f) Where feasible, natural vegetation should be retained and protected, natural grade alterations minimized, and total site disturbance minimized.

(g) Permanent vegetation and erosion control structures should be installed as soon as practicable during construction activities.

(6) Design and implementation of temporary erosion and sedimentation control measures (intended to control the impacts of stormwater runoff during the period of land development and/or construction and associated land disturbance) shall NOT be accomplished in a manner which causes overdesign or redundancy of permanent stormwater management facilities, nor favor the use of detention basins in lieu of maximum feasible use of BMPs for permanent stormwater management. The design of permanent stormwater management facilities shall reflect the most appropriate means to achieve the purposes and management criteria of this and other applicable Sections of this chapter, which purposes shall not be constrained by any desire to double the function of permanent stormwater management facilities as temporary erosion and sedimentation control facilities. Construction of separate erosion and sedimentation control facilities may be unavoidable.

(7) During site construction all recharge system components shall be protected from compaction due to heavy equipment operation or storage of fill or construction material.

7. Stormwater Runoff Calculation Methods.

A. Runoff Calculation. Runoff determination shall be computed using the Soil Cover Complex Method and the procedures developed by the U.S. Department of Agriculture, Soil Conservation Service, as outlined in the Technical Release No. 55, Urban Hydrology for Small Watersheds, with specific attention give to antecedent soil moisture conditions, infiltration rate, flood routing, land use, topography, presence of streams or other forms of water conveyance and peak discharge, and Hydrology National Engineering Handbook, § 4. However, for development less than five acres, the rational method or other methods of runoff calculation may be used to compute the standards for facilities upon approval by the Township Engineer.

B. The following criteria shall be utilized in determining the amount of runoff to be considered:

(1) A careful analysis of the existing land uses on the property shall be made and the criteria cited above applied except that where agricultural use of the land is considered the existing use, meadow conditions shall be used as the basis for establishing pre- development runoff values.

(2) Average antecedent moisture conditions (for the Soil Cover Complex Method only for example, TR-55, TR-20).

(3) A type II distribution storm (for the Soil Cover Complex Method only for example, TR-55, TR-20).

(4) All those areas of Hydrologic Soil Group (HSG) A, B, and C soils disturbed during construction shall be assumed to have a postdevelopment runoff based on a HSG one category lower (that is, HSG B is reduced to HSG C and so forth).

C. "Credit" for Runoff from Natural Areas. Total runoff shall be calculated as set forth above. For purposes of measuring conformance with volume control and peak rate control standards and water quality standards (i.e., "first flush" requirements) set forth herein, upon the recommendation of the Township Engineer, all or portions of the runoff from area(s) to be left in a natural state post- development may be subtracted from total calculated runoff, subject to the following:

(1) Such natural areas shall not be disturbed during construction.

(2) Specific limits of disturbance shall be delineated on approved development plans and flagged in the field.

(3) Such natural areas shall be protected in perpetuity by establishment of conservation easement(s) or other enforceable restriction recorded in the office of the Chester County Recorder of Deeds and in a form acceptable to the Township.

(4) Provisions for appropriate management of such natural areas and inspection thereof shall be incorporated into recorded restriction(s).

D. "Credit" for Disconnection of Runoff. Total runoff shall be calculated as set forth above. For purposes of measuring conformance with volume control and peak rate control standards and water quality standards (i.e., "first flush" requirements) set forth herein, upon the recommendation of the Township Engineer, all or portions of the runoff from area(s) separately controlled and disconnected from contribution of runoff to the overall stormwater management system may be subtracted from total calculated runoff for such system, subject to the following:

(1) For purposes of this section, disconnection of runoff shall be limited to situations where the maximum contributing flow length is not more than 100 feet.

(2) Disconnected flows shall drain broadly and evenly into vegetated areas or into infiltration BMPs and shall not result in any channelization of runoff.

8. Design Standards for Stormwater Management Facilities.

A. General Stormwater Management Design Standards.

(1) The landowner or developer shall construct and/or install drainage facilities as are required by this chapter or any other applicable requirements of the Township, Chester County or the Commonwealth, to prevent soil erosion, damage, siltation, and to satisfactorily manage stormwater to prevent the impairment of public safety or physical damage due to the concentration of stormwater runoff onto adjacent properties. All land areas shall be graded to secure proper drainage away from buildings, on-site sewage disposal systems, and to prevent the uncontrolled collection of stormwater in pools. The system shall be designed to, as much as possible, collect and recharge water.

(2) The stormwater management plan for each subdivision or land development proposal shall take into account both preventive and mitigative stormwater management practices, providing for management of runoff volume, of peak rate, and of water quality and temperature to ensure that cumulative problems downstream in respective watersheds are not increased as a result of flows from the proposed project. It is the intent of this chapter to achieve compliance with the Standards of this chapter as simply and cost effectively as possible. Infiltration BMPs shall be utilized wherever feasible. Site topography, soil conditions, and proposed land use(s) may dictate that a combination of BMPs and conventional detention or retention facilities be utilized to satisfy the volume control, peak rate control, and water quality requirements of this section. Where direct discharge of stormwater runoff is permitted, infiltration BMPs shall be designed to provide adequate storage to accommodate the post-development "first flush" storm volume with outlet and overflow controls to convey runoff from larger storms safely to a natural outfall.

(3) Recharge facilities, detention facilities, storm sewers, culverts, bridges and related stormwater management systems shall be provided:

(a) To permit unimpeded flow of natural watercourses. Such flow may be redirected as a measure of last resort, subject to the approval of PADEP.

(b) To intercept stormwater runoff at the bottom of all vertical grades and to insure adequate drainage of all low points as may be related to streets.

(c) To intercept stormwater runoff immediately upgrade from all street intersections and along streets at intervals reasonably related to the extent and grade of the area drained to prevent flow of stormwater across intersections, and to prevent the flooding of intersections during the design storm.

(d) To insure adequate flow of stormwater under driveways in, near, or across natural watercourses or drainage swales. Properly sized pipes or other conduits shall be provided, as necessary.

(e) To prevent excessive stormwater flow on or across streets, sidewalks, drives, parking areas, and any other paved surface or accessway, which in turn creates hazardous conditions.

(f) To direct stormwater away from springs.

(g) To this end, the specific stormwater management system serving a street shall be designed to collect water in accordance with design standards cited in this chapter at the bottom of all vertical grades; and immediately upgrade of all street intersections; and where runoff encroaches onto one-half of the lane width of the street. The system shall discharge any collected water which is not recharged, into the nearest practical natural drainage channel or storm system.

(4) All natural streams, channels, swales, drainage systems, and/or areas of concentration of surface water shall be maintained in their existing, preferably natural condition unless alteration is approved by the Township and PADEP. Alteration of natural streams, channels, swales, drainage systems, and/or areas of concentration of surface water should occur only as a measure of last resort. In any event, all encroachment activities shall comply with 25 Pa. Code, Chapter 105, Dam Safety and Waterway Management Rules and Regulations.

(5) Man-made structures shall be kept to a minimum but if necessary, bridges, culverts, or rip-rap shall be constructed to maintain natural characteristics of the stream and shall be approved by the Township Engineer.

(6) For the purpose of this chapter, streams and intermittent streams are defined as those watercourses depicted on the East Vincent Township Zoning Map, the USGS Quadrangle maps of the area, and/or determined as such pursuant to an on-site survey by the Township or its representatives, in conformance with current definitions as set forth by PADEP or the U.S. Army Corps of Engineers, as applicable.

(7) All areas containing lakes, ponds, wetlands, and watercourses shall be considered to be reserved for permanent open space. Any alteration, development, filling, piping or diverting of such water resources shall be in strict compliance with the provisions of the Zoning Ordinance [Chapter 27], especially those pertaining to the Flood Hazard District, and all prevailing rules and regulations of the Commonwealth and Federal agencies. The Township recognizes the use of existing or created wetlands as potential components of stormwater management facilities and encourages such innovative use if assurances are met that conservation measures are adequate and that all Federal and Commonwealth requirements are satisfied.

(8) The Board of Supervisors may require that a landowner or developer provide reasonable corrective measures to alleviate an existing on-site and/or off-site drainage problem which may be affected by the proposed subdivision and/or land development. It shall be the responsibility of the landowner or developer to obtain all drainage easements on, over, or through other properties, and the Township, its agents, workmen, servants and employees shall be indemnified and held harmless from any liability.

(9) Any water originating from non-natural sources, such as swimming pools, air conditioning units, sump pumps, roof drains, or other similar flow, shall be properly discharged into a recharge facility or connected to an existing or proposed stormwater management system as approved by the Township. Pollutants from such sources may not be deposited into natural watercourses or storm drains.

(10) Any water originating from non-natural sources, as referenced above, shall not be discharged onto any street or other public right of way used for pedestrian or vehicular access.

(11) All building foundations, grade slabs, and cellar floors located in soils that have a community development limitation degree of moderate to severe for seasonal high water table (as defined in the Chester County Soil Survey) shall be provided with an underdrain system. This system shall provide for drainage of the enclosed volume above the slab, and relief of subsurface water to a depth of not less than 18 inches below the slab or foundation bottom. The system shall consist of a perforated pipe field of the herringbone or gridiron configuration in course, gravel-filled trenches that are in direct contact with the slab or foundation subbase. The excavation shall provide a minimum of 0.05 foot/foot slope to the gravel-filled trenches.

B. Specific Design Requirements for Infiltration/Recharge Facilities.

(1) Infiltration devices shall be selected based on design infiltration volume(s) and suitability of soils and site conditions, including depth to limiting zone(s). Measures may include porous pavement with underground infiltration beds, vegetated infiltration beds, swales and trenches, or other seepage structures as proposed in the Pennsylvania Handbook of Best Management Practices for Developing Areas (1998) and related references prepared by the USEPA, the Washington Metropolitan Council of Governments, the Soil Conservation Service, the Pennsylvania Department of Environmental Protection (PADEP), or other guidance documents.

(2) Soil permeability tests shall be performed for all proposed infiltration areas; these tests shall include evaluation of selected soil horizons by test pits with percolation/infiltration measurements (taken at the base elevation of the proposed infiltration system). Care must be taken to avoid compaction in the testing process. Testing procedures are set forth in Appendix H and should be reviewed and approved by the Township Engineer in advance. The soil infiltration rate of discharge from the infiltration area being used in the proposed design shall be based on these measurements. Minimum permeability of 0.5 inches per hour is customary, although under certain circumstances a rate as low as 0.25 inches per hour is acceptable.

(3) The lowest elevation of the infiltration area shall be at least two feet above the seasonal high water table (SHWT) and bedrock, except in the case of limestone formations, in which case the distance shall be four feet.

(4) All roof drains shall discharge to infiltration systems, unless specifically approved by the Township Engineer, with appropriate measures such as leaf traps and cleanouts taken to prevent clogging by vegetation.

(5) All infiltration systems shall have appropriate positive overflow controls to prevent storage within one foot of the finished surface or grade.

(6) All infiltration systems shall have a setback of 15 feet and shall be located hydrologically down-gradient from all residential structures. Care should be taken to prevent any seepage into sub-grade structures. Recharge systems greater than three feet deep shall be located at least 50 feet from any basement wall, wastewater treatment or wastewater treatment system replacement area. Any recharge system designed to handle runoff from any commercial or industrial impervious parking or outside storage areas shall be a minimum of 100 feet from any water supply well and 50 feet from any wastewater treatment or wastewater treatment system replacement area.

(7) All infiltration systems shall be designed to infiltrate the stored volume within 24 hours except where an extended limit is specifically approved by the Township Engineer.

(8) All surface inflows shall be designed to prevent the discharge of sediment into the infiltration system as accumulated sediment reduces stormwater storage capacity and ultimately clogs the infiltration mechanism. Where sediment is reasonably expected to be generated, mechanism(s) to prevent sediment from entering into infiltration system(s) shall be provided (e.g., sump inlet(s)).

(9) System Overflow Design. All recharge facility designs shall incorporate measures to provide for the overflow of runoff which exceeds the capacity of the system without increasing erosion or creating damage to any other stormwater management system components.

(10) Construction Requirements. The following procedures and materials shall be required for all subsurface facilities:

(a) Excavation for the infiltration facility shall be performed with equipment which will not compact the bottom of the infiltration bed/trench, or like facility.

(b) The bottom of the bed and/or trench shall be scarified prior to the placement of filter fabric and aggregate.

(c) Only clean aggregate, free of fines, shall be allowed.

(d) The top, bottom, and sides of all infiltration beds, trenches, or like facilities shall be covered with drainage filtration fabric in order to prevent sediment and soil from migrating into the infiltration system and causing clogging.

(e) Perforated distribution pipes connected to centralized catch basins and/or manholes with provisions for the collection of debris shall be provided in all facilities. The perforated pipes shall distribute stormwater throughout the entire infiltration bed/trench, or like facility.

(f) A positive outlet drain pipe placed at the top of the infiltration bed and/or trench or like facility shall be provided to safely convey larger storms events, as needed. Provision for positive outlet drains also may be made at lower elevations in the infiltration facility in those cases where permeability of the soil is near the lower acceptable limit and/or where concern exists that water remaining in the infiltration facility for extended periods may foster the growth of pathogens.

C. Specific Design Requirements for Detention and Retention Facilities.

(1) Basin Design Criteria. The following design criteria shall be used in the design of all detention or retention basins in the Township. All basins shall be designed to detain/retain the appropriate quantities of water necessary to meet the volume control and discharge rate standards set forth in Subsection 3 and as approved by the Township Engineer. All flows in excess design rates shall flow over an emergency spillway.

(2) Riser. A riser or other acceptable outfall shall be provided at the outlet of all detention basins. The riser shall be constructed of precast or poured in place concrete with controlled orifices. The riser shall extend to an elevation one foot below the crest elevation of the emergency spillway. The riser shall be designed so that the rate of outflow is controlled by the pipe barrel through the basin berm when the depth of water within the basin exceeds the height of the riser. A trash rack or similar appurtenance shall be provided to prevent debris from entering the riser. All risers shall have a concrete base attached with a watertight connection. The base shall be of sufficient weight to prevent flotation of the riser. An anti-vortex device shall be provided on the top of the riser.

(3) Maximum Depth of Detention Basins. The maximum depth of water in a detention basin shall be three feet unless a greater depth is approved by the Township Engineer. The minimum depth of permanent water in any wet pond retention basin shall be four feet.

(4) Emergency Spillway. Whenever possible, the emergency spillway for detention/retention basins shall be constructed on undisturbed ground. Emergency spillways shall be designed according to the USDA-NRCS/SCS Engineering Field Manual. All emergency spillways shall be constructed so that the detention/retention basin berm is protected against erosion. The minimum capacity of all emergency spillways shall be such that the combined capacity of the emergency spillway and the principal pipe barrel equal the peak flow rate from the 100-year design storm. Emergency spillways shall extend along the upstream and downstream berm embankment slopes. The upstream edge of the emergency spillway shall be a minimum of two feet below the spillway crest evaluation. The downstream edge of the spillway shall, as a minimum, extend to the toe of the berm embankment. The emergency spillway shall not discharge over earthen fill and/or easily erodible material.

(5) Anti-Seep Collars. Anti-seep collars shall be installed around the principal pipe barrel within the normal saturation zone of the detention/retention basin berms. The anti-seep collars and their connections to the pipe barrel shall be watertight. The anti-seep collars shall extend a minimum of two feet beyond the outside of the principal pipe barrel. The maximum spacing between collars shall be 14 times the minimum projection of the collar measured perpendicular to the pipe.

(6) Freeboard. Freeboard is the difference between the design flow elevations in the emergency spillway and the top of the settled detention/retention basin embankment. The minimum freeboard shall be one foot.

(7) Slope of Detention Basin Embankment. Retention/detention basins shall be designed to utilize the natural contours of the land. When such design is impracticable, the construction of the basin shall utilize slopes as shallow as possible to blend the structures into the existing terrain. The maximum slope of earthen detention/retention basin embankments shall meet the requirements set forth below. Whenever possible, the side slopes and basin shape shall blend with the natural topography. Straight side slopes and rectangular basins shall be avoided whenever possible. The use of multiple retention/detention facilities, which are smaller and less intrusive on the site, is encouraged to meet these requirements.

(8) Width of Berm. The minimum top width of detention/retention basin berms shall be 10 feet.

(9) Slope of Basin Bottom. In order to insure proper drainage of the detention/retention basin, a minimum grade of 2% shall be maintained for all sheet flow. A minimum grade of 1% shall be maintained for all channel flow.

(10) Energy Dissipaters. Energy dissipating devices (rip-rap, end sills, etc.) shall be placed at all basin outlets. Any pipe or other component which discharges directly into the basin shall be equipped with energy dissipating devices and shall outlet into the bottom of the basin.

(11) Landscaping and Grading of Basins and Drainage Channels. All landscaping and grading standards shall be as follows:

(a) Stormwater management facilities shall not be constructed in wooded areas if alternative locations exist which will not require disturbance of wooded areas.

(b) Facilities which are constructed in wooded areas shall have side slopes of three horizontal to one vertical. These slopes shall be seeded with natural native seed mix which shall be mowed once annually to prevent tree growth.

(c) Facilities which are constructed in non-wooded areas shall have the following slope requirements:

1) Slopes ranging from three horizontal to one vertical to, but not including, five horizontal to one vertical are permitted if seeded with a non-mowable ground cover such as crown vetch.

2) Slopes of five horizontal to one vertical or less are permitted and may be seeded with a mowable lawn or grass cover.

(d) The top of any fill or toe of the slope of any fill shall be located 25 feet from any property line with the exception of a downstream property line where the toe of the embankment shall be placed a sufficient distance to allow for energy dissipating devices, but in no case less than 40 feet unless approved otherwise by the Township.

(e) All storm drainage channels and retention areas, whether existing or proposed, shall be graded and planted to effectively naturalize areas so as to become an integral and harmonious part of the landscape by contour and type of plant material employed.

(f) All earthen basins shall be hydroseeded with temporary and permanent grasses or other approved ground covers immediately after final grading.

(g) Fence or vegetative screening shall be provided if required by the Planning Commission and/or Board of Supervisors.

D. Additional Design Requirements for Wet Pond and Created Wetland BMPs.

(1) Wet pond BMPs shall meet the following requirements:

(a) Wet ponds shall be constructed on hydric or poorly drained soils, that are not wetlands, and/or soils, which have an infiltration rate of less than 0.2 inches/hour.

(b) A minimum drainage area of five acres shall be directed to the pond unless a secondary source of recharge is utilized to maintain an appropriate surface water level as determined by the Township Engineer.

(c) The distance between the inflow and outlet points of the wet pond shall be maximized. In addition, an irregular shoreline shall be provided. By maximizing the flow length and providing an irregular shoreline, the greatest water quality benefits will be achieved thereby minimizing potential "short circuiting" of water flowing through the wet pond.

(d) A shallow forebay shall be provided at all inflow areas/points. The forebay shall be planted with emergent and submerged aquatic wetland vegetation. The forebay serves to enhance sediment trapping and pollutant removal, as well as concentrating accumulated sediment in an area where it can be easily removed when necessary.

(e) All wet ponds shall be designed with public safety as a primary concern. An aquatic safety bench shall be provided around the perimeter of the permanent pool. The depth of the water overlying the bench shall be a maximum of one foot for a minimum width of 10 feet. A three horizontal to one vertical slope shall be provided from the edge of the safety bench toward the deep-water portion of the pond for a distance of at least 15 linear feet. Slopes in the remainder of the pond below the permanent pool elevation shall not be greater than two horizontal to one vertical.

(f) The perimeter slope above the permanent pool, extending outward from the upper limit of the bench shall have a slope not to exceed four horizontal to one vertical for a minimum distance of 20 feet. The areas beyond the perimeter slope shall have a slope not to exceed three horizontal to one vertical.

(g) Wet ponds shall have a deep-water zone to encourage gravity settling of suspended fines, and to dissuade stagnation and possible eutrophication.

(h) Wet ponds shall be capable of being substantially drained by gravity flow. Where possible, wet ponds shall be equipped with a manually operated drain that can be secured against unauthorized operation.

(i) A planting plan shall be developed for the wet pond, showing all proposed submerged aquatic, emergent, and upland plantings. The planting plan must list both the common name and species name of all proposed plants.

(j) All proposed vegetation must be native to the region and noninvasive.

(2) Created wetland BMPs shall meet the following requirements:

(a) Created wetlands shall be constructed on hydric or poorly drained soils, that are not wetlands, and/or soils, which have an infiltration rate of less than 0.2 inches/hour.

(b) A minimum drainage area of five acres shall be directed to the created wetland unless a secondary source of recharge is utilized to maintain an appropriate surface water level as determined by the Township Engineer.

(c) Runoff entering created wetlands shall be filtered through a sediment removal device before entering the wetland.

(d) A planting plan shall be developed for the created wetland showing all proposed submerged aquatic, emergent, and upland plantings. The planting plan shall be developed to provide a diversity of species resulting in a dense stand of wetland vegetation. The planting plan must list both the common name and species name of all proposed plants.

(e) At least 75% of the surface area of the created wetland shall be developed as a shallow water emergent wetland, with sustained inundation of 12 inches or less during the growing season. The remainder may be constructed as open water with depths up to a maximum of four feet.

(f) All proposed vegetation must be native to the region and noninvasive.

E. Stormwater Drainage System Design Requirements.

(1) Design Flow Rate. The storm drain system shall be designed to carry a twenty-five-year peak flow rate, and a fifty-year peak flow rate at the sump area. The design twenty-five-year peak flow rate into each inlet shall be indicated on the stormwater management plan. The twenty-five-year flow rate shall be determined by the rational formula, Q=CIA.

Where:
Q	=	Peak runoff rate, cubic feet per second (CFS):
C	=	Runoff coefficient equal to the ratio of the runoff rate to the average rate of rainfall over a time period equal to the time of concentration.
I	=	Average rainfall intensity to inches per hour for a time equivalent to the time of concentration.
A	=	Drainage area in acres.

Approximate values for the runoff coefficient and rainfall intensity can be found in the following source:

Commonwealth of Pennsylvania

Department of Transportation

Design Manual, Part 2

Highway Design Chapter 12

(2) Overflow System. An overflow system shall be provided to carry flow to the detention basin when the capacity of the storm drain pipe system is exceeded. The overflow system shall be of sufficient capacity to carry the difference between the 100-year and the twenty-five-year peak flow rates.

(3) Inlet Capacity. All inlets must be designed to accommodate the twenty-five-year peak flow rate. The capacity of all C, M or S type inlets shall be determined from the following source:

Commonwealth of Pennsylvania

Department of Transportation

Design Manual, Part 2

Highway Design

The capacity of each inlet shall be indicated in the design calculations, and inlet design shall prevent unauthorized or accidental human access to the manhole.

(4) Straight Pipe Sections. Wherever possible, all storm drain pipes shall be designed to follow straight courses. No angular deflections of storm sewer pipe sections in excess of 5° shall be permitted. No vertical curves shall be permitted in the storm drain pipe system.

(5) Minimum Grade and Size. All storm drain pipes shall be designed to maintain a minimum grade of 1/2%. All storm pipes shall have a minimum inside diameter of 15 inches, except that pipes under a 25 or greater fill shall not be less than 24 inches, or a cross-sectional area of 453 square inches.

(6) Pipe Material and Thickness. All storm sewers shall be reinforced concrete of the proper thickness to support the loads and fill material and meet the life expectancy requirements of PennDOT for local roads. The use of smooth-lined corrugated polyethylene pipe shall be reviewed and approved by the Township Engineer on a case-by-case basis.

(7) Pipe Capacity. The capacity of all pipe culverts shall, as a minimum, provide the required carrying capacity as determined by the following sources:

United States Department of Commerce

Bureau of Public Roads

Hydraulic Engineering Circular No. 5

Hydraulic Charts for the Selection of Highway

Culverts

United States Department of Commerce

Bureau of Public Roads

Hydraulic Engineering Circular No. 10

Capacity Charts for the Hydraulic Design of Highway

Charts

(8) Pipe Arches. Where headroom is restricted, equivalent pipe arches may be used in lieu of circular pipes.

(9) Allowable Headwater Depth. At all inlets or manholes, the maximum allowable headwater depth shall be one foot below the top of the inlet grate or the manhole cover.

(10) Horizontal Pipe Deflections. A manhole or inlet shall be provided at all horizontal deflections in the storm pipe system exceeding 5°.

(11) Minimum and Maximum Cover. A minimum of 18 inches of cover shall be maintained over all storm drain pipes. The top of storm drain pipes shall be at least 1/2 foot below subgrade elevation.

(12) Diversion or Runoff. All storm drain pipes shall be designed to carry the runoff into a detention basin or similar facility utilized to control the rate of runoff. No discharge at the top or side of basins embankments will be permitted.

(13) Culverts and Drainage Channels.

(a) Design Flow Standard. All culverts and drainage channels, except those utilized for conveying existing stream flow, shall be designed to carry a flow rate equal to a fifty-year, twenty-four-hour storm. All culverts and drainage channels utilized for conveying existing stream flow shall be designed to carry a flow rate equal to a 100-year, twenty-four-hour storm (USDA-NRCS/SCS, Technical Release No. 55).

(b) Erosion Prevention. All drainage channels shall be designed to prevent the erosion of the bed and bank areas. The flow velocity in all vegetated drainage channels shall not exceed three feet per second to prevent erosion unless special provisions are made to protect banks and channel bottoms against erosion. Water course erosion protection measures such as jute matting, wood excelsior blanket, or nylon erosion control mat are required to prevent erosion of the drainage channels. Where storm sewers discharge into existing drainage channels at an angle greater than 30° from parallel with the downstream channel flow, the far side bank shall be stabilized by the use of rip-rap or masonry, and/or concrete walls. The stabilization shall be designed to prevent erosion and frost heave under and behind the stabilizing media.

(c) Maximum Side Slope. Any vegetated drainage channel requiring mowing of the vegetation shall have a maximum grade of five horizontal to one vertical on those areas to be mowed.

(d) Design Standard. Because of the critical nature of the vegetated drainage channels, the design of all vegetated channels shall, as a minimum, conform to the design procedures outlined in the PADEP, Erosion and Sediment Pollution Control Program Manual. Several acceptable sources outline procedures for non-vegetated drainage channels, including the following:

United States Department of Commerce

Bureau of Public Roads

Hydraulic Engineering Circular No. 5

Hydraulic Charts for the Selection of Highway Culverts

Federal Highway Administration

Hydraulic Engineering Circular No. 13

Hydraulic Design of Improved Inlets for Culverts

(e) Reference to publications and source documents in this chapter shall be deemed to include any amendments and revisions thereof.

9. Stormwater BMP Operations and Maintenance.

A. General Requirements.

(1) No activity subject to the provisions of this section, as set forth in Subsection 2, shall commence until approval by the Township of BMP operations and maintenance plan which describes how the permanent (e.g., post-construction) stormwater BMPs shall be properly operated and maintained. The approved BMP operations and maintenance plan shall be signed and sealed by a registered engineer or landscape architect in good standing in the Commonwealth of Pennsylvania.

(2) The following items shall be included in the BMP Operations and maintenance plan:

(a) Map(s) of the project area, in a form that meets the requirements for recording at the offices of the Recorder of Deeds of Chester County, and shall be submitted on twenty-four-inch by thirty-six-inch or thirty-inch by forty-two-inch sheets. The contents of the maps(s) shall include, but not be limited to:

1) Clear identification of the location and nature of permanent stormwater BMPs.

2) The location of the project site relative to highways, municipal boundaries or other identifiable landmarks.

3) Existing and final contours at intervals of two feet, or others as appropriate.

4) Existing streams, lakes, ponds, wetlands, or other bodies of water within the project site area.

5) Other physical features including flood hazard boundaries, sinkholes, streams, existing drainage courses, and areas of natural vegetation to be preserved.

6) The locations of all existing and proposed utilities, sanitary sewers, and water lines within 50 feet of property lines of the project site.

7) Proposed final changes to the land surface and vegetative cover, including the type and amount of impervious area that would be added.

8) Proposed final structures, roads, paved areas, and buildings.

9) A fifteen-foot wide access easement around all stormwater BMPs that would provide ingress to and egress from a public right-of-way.

(b) A description of how each permanent stormwater BMP will be operated and maintained, and the identity of the person(s) responsible for operations and maintenance.

(c) The name of the project site, the name and address of the owner of the property, and the name of the individual or firm preparing the plan.

(d) A statement, signed by the landowner, acknowledging that the stormwater BMPs are fixtures that can be altered or removed only after approval by the Township.

B. Responsibilities for Operations and Maintenance of BMPs.

(1) The BMP operations and maintenance plan for the project site shall establish responsibilities for the continuing operation and maintenance of all permanent stormwater BMPs, as follows:

(a) If a plan includes structures or lots which are to be separately owned and in which streets, sewers and other public improvements are to be dedicated to the Township, stormwater BMPs may also be dedicated to and maintained by the Township.

(b) If a plan includes operations and maintenance by a single ownership, or if sewers and other public improvements are to be privately owned and maintained, then the operation and maintenance of stormwater BMPs shall be the responsibility of the owner or private management entity.

(2) The Township shall make the final determination on the continuing operations and maintenance responsibilities. The Township reserves the right to accept or reject the operations and maintenance responsibility for any or all of the stormwater BMPs.

C. Township Review of BMP Operations and Maintenance Plan.

(1) The Township shall review the BMP operations and maintenance plan for consistency with the purposes and requirements of this chapter, and any permits issued by DEP.

(2) The Township shall notify the applicant in writing whether the BMP operations and maintenance plan is approved.

(3) The Township shall require an "as-built survey" of all stormwater BMPs, including sub-surface systems, and an explanation of any discrepancies with the operations and maintenance plan.

D. Adherence to Approved BMP Operations and Maintenance Plan. It shall be unlawful to alter or remove any permanent stormwater BMP required by an approved BMP operations and maintenance plan, or to allow the property to remain in a condition which does not conform to an approved BMP operations and maintenance plan, unless an exception is granted in writing by the Township.

E. Operations and Maintenance Agreement for Privately Owned Stormwater BMPs.

(1) The property owner shall sign an operations and maintenance agreement with the Township covering all stormwater BMPs that are to be privately owned. The agreement shall be substantially the same as the agreement in Appendix B of this chapter.

(2) Other items may be included in the agreement where determined necessary to guarantee the satisfactory operation and maintenance of all permanent stormwater BMPs. The agreement shall be subject to the review and approval of the Township.

F. Stormwater Management Easements.

(1) Stormwater management easements are required for all areas used for off-site stormwater control, unless a waiver is granted by the Township Engineer.

(2) Stormwater management easements shall be provided by the property owner if necessary for (a) access for inspections and maintenance, or (b) preservation of stormwater runoff conveyance, infiltration, and detention areas and other BMPs, by persons other than the property owner. The purpose of the easement shall be specified in any agreement under § 22-406.

G. Recording of Approved BMP Operations and Maintenance Plan and Related Agreements.

(1) The owner of any land upon which permanent BMPs will be placed, constructed or implemented, as described in the BMP operations and maintenance plan, shall record the following documents in the Office of the Recorder of Deeds for Chester County, within 15 days of approval of the BMP operations plan by the Township:

(a) The operations and maintenance plan, or a summary thereof.

(b) Operations and maintenance agreements under this section.

(c) Easements under § 22-407.

(2) The Township may suspend or revoke any approvals granted for the project site upon discovery of the failure of the owner to comply with this section.

H. Municipal Stormwater BMP Operation and Maintenance Fund.

(1) If stormwater BMPs are accepted by the Township for dedication, the Township may require persons installing stormwater BMPs to pay a specified amount to the municipal stormwater BMP operation and maintenance fund, to help defray costs of operations and maintenance activities. The amount may be determined as follows:

(a) If the BMP is to be owned and maintained by the Township, the amount shall cover the estimated costs for operations and maintenance for 10 years and also may be required to include provision for ultimate replacement costs of all system components, as determined by the Township.

(b) The amount shall then be converted to present worth of the annual series values.

(2) If a BMP is proposed that also serves as a recreation facility (e.g., ball field, lake), the Township may adjust the amount due accordingly.

I. Alteration of BMPs.

(1) No person shall modify, remove, fill, landscape or alter any existing stormwater BMP, unless it is part of an approved maintenance program, without the prior written approval of the Township.

(2) No person shall place any structure, fill, landscaping or vegetation into a stormwater BMP or within a drainage easement, which would limit or alter the functioning of the BMP.

§ 22-427 Stripping, Piling, Replacement or Removal of Topsoil.

[Ord. 138, 7/17/1996, § 426; as amended by Ord. 178, 12/1/2004]

Initial construction of any site shall consist of stripping and piling of topsoil from all areas planned to be disturbed. The area stripped shall be kept to a minimum. Upon completion of other construction, the entire amount of topsoil stripped shall be replaced on the site. No topsoil shall be disposed of, by sale or otherwise, off the site of the construction. See also § 27-1505, "Excavation of Clay, Sand, Gravel, and Rock," of the East Vincent Township Zoning Ordinance [Chapter 27].

§ 22-428 Dedication of Land, or Payment of Fees in Lieu Thereof, for Parks, Recreation, and Open Space Use.

[Ord. 138, 7/17/1996, § 427; as amended by Ord. 178, 12/1/2004]

1. Purpose. The purpose of this section is to implement the East Vincent Township Open Space, Recreation and Environmental Resources Plan of 1992 as specifically authorized by § 503(11) of the Pennsylvania Municipalities Planning Code, 53 P.S. § 10503(11), including:

A. Providing a variety of active and passive open space lands to serve the varied recreational needs of the Township's residents, businesses and industry.

B. Preserving open space and protecting the natural, scenic, and historic resources of East Vincent Township.

C. Developing a system of public parklands and other open space areas that can effectively and efficiently offer recreational opportunities and experiences.

D. Providing equitable and convenient accessibility to recreation facilities and open space areas within the Township's urbanizing areas.

E. Supporting community development and stability through a balance of developed areas, locally and regionally valued open space resources, and neighborhood, community, and regional recreational opportunities.

2. Applicability. The requirements of this section shall apply to all minor and major residential subdivision and land development applications as defined in § 22-301.2.

3. General Requirements.

A. The applicant shall make an irrevocable offer of dedication of park and recreation lands to the Township per the requirements of this section. The Township Supervisors may authorize the transfer of the land to a homeowners association or other appropriate third party when such reservation is consistent with the East Vincent Open Space, Recreation, and Environmental Resources Plan. In lieu of dedicating park, recreation, and open space land to the Township, the applicant may elect to pay a fee to the Township.

B. All dedications of land for park, recreation, and open space purposes shall be consistent with any standards contained in the East Vincent Township Open Space, Recreation, and Environmental Resources Plan, any recommendations contained within the applicant's recreation impact study filed pursuant to § 22-307.6E(3) where applicable, and all provisions of this section. Such dedications shall be at locations deemed appropriate by the Township Board of Supervisors. If a specific site has been designated in the East Vincent Township Open Space, Recreation, and Environmental Resources Plan for future park purposes, any preliminary or final plan shall show the dedications of land in a location that corresponds to the Plan designation. Title to land to be dedicated shall be good and marketable, free of all liens or other defects and acceptable to the Township Solicitor.

4. Amount of Land Required.

A. Consistent with the East Vincent Township Open Space, Recreation, and Environmental Resources Plan, the amount of park and recreation land required to be dedicated shall equal at least 0.125 acres per proposed residential dwelling unit.

B. The Board may, at its sole discretion and upon recommendation of the Township Planning Commission and the Park and Recreation Board, agree to accept a lesser amount of land than the minimum acreage otherwise required, where the applicant agrees to provide a fully developed active recreation facility within the open space that addresses a recreational need of particular importance to the Township in that location and that is particularly appropriate to the prospective residents of the development.

C. Required restricted open space for subdivisions filed in accordance with the open space design option of the Zoning Ordinance [Chapter 27] may be utilized to meet the land dedication requirements where such land fully meets the land characteristics and design standards of Subsection 6 this chapter, and is determined suitable by the Board of Supervisors as provided for in this section.

D. The land dedicated to the Township for park and recreation purposes need not be part of the land development or subdivision. It may be located on a separate parcel of land, provided that in the sole discretion of the Board of Supervisors, it is convenient to the subdivision or land development. In addition, the developer, with the approval of the Township, may construct park and recreation facilities at the Township facilities, Owen J. Roberts School District properties, or the facilities of another development to satisfy the requirements of this section.

5. Fee-in-Lieu of Dedication.

A. If the Board of Supervisors determines in its discretion that no land within a particular subdivision or land development proposal is suitable for dedication as park land or open space, or determines in its discretion that dedication would not be practical in a particular case, or if the applicant demonstrates to the satisfaction of the Board of Supervisors that the reservation of park or open space is not practical or not in the best interest of the residents of the proposed development and of the Township in general, a fee in lieu of parkland dedication shall be required.

B. The amount of any fee in-lieu of land dedication shall be a minimum of $3,000 per proposed residential unit.

C. A note shall be placed on the final subdivision plan prepared for recording, stipulating the total amount of the fee to be paid, as established through Subsection 5B, and the means and timing of payment.

D. All funds collected in lieu of land dedication shall be deposited by the Township in an interest-bearing account which identifies the specific park and recreation facilities the funds will be used to acquire and construct. All interest earned on this account shall become funds of the account. Upon request of any person who paid any fee, the Township shall refund such fee, plus any interest accumulated thereon from the date of payment, if the Township has not used the funds to meet the purposes set forth in this section within three years from the date such fee was paid.

6. Land Characteristics and Design Standards. The Planning Commission and the Board of Supervisors in exercising their duties regarding the review of subdivision or land development plans shall consider the recommendations of the Park and Recreation Board as well as the following criteria in determining whether to accept the applicant's offer to dedicate land:

A. The area or areas shall be consistent with the plan for open space and plan for recreation components of the Township's Open Space, Recreation, and Environmental Resources Plan and any other open space, park or recreational facilities existing or subsequently adopted by the Township.

B. The area or areas shall be suitable for active recreational uses in their entirety without interfering with adjacent dwelling units, parking, driveways, and roads. Consistent with the primary objective of providing active recreation areas, the proposed open space shall be free of wetlands and surface water, and not characterized by floodplain, hydric soils, or slopes exceeding 6%.

C. The area or areas and their use shall be consistent with natural, scenic, and historic features protection provisions, as and to the extent contained elsewhere in this chapter or in the Township Zoning Ordinance [Chapter 27].

D. The area(s) shall be comprised of areas not less than 1/4 acre of contiguous areas and not less than 75 feet in width, except where a narrower area of linear open space is serving solely as a connecting access strip between larger open space parcels or as a portion of a trail system or pathway network. The configuration of the recreation area must be able to accommodate the proposed recreation activities.

E. The area(s) shall be interconnected with common open space areas on adjoining parcels where ever possible, including provision for pedestrian pathways for general public use to create linked pathway systems within the Township consistent with § 22-434 of this chapter.

F. The area(s) and uses shall be coordinated with applicable open space and recreation plans of any federal, state, county, regional, adjacent municipal or private organization to compliment various programs increasing the utility of the open space and recreation network.

G. The area(s) and uses shall be provided with sufficient perimeter parking when necessary, and with safe and convenient access by adjoining street frontage or other right of way easements capable of accommodating pedestrian, bicycle, maintenance and vehicle traffic and containing appropriate access movements.

H. The area(s) shall be undivided by any public or private streets, except where necessary for proper traffic circulation, and then only upon the recommendation of the Township Engineer and Planning Commission.

I. The area(s) shall be free of all structures and utility easements, except those structures related to outdoor recreational uses. Subject to the approval of the Board of Supervisors, supportive equipment for the use of such lands in the disposal of treated wastewater through land application or community subsurface methods may be permitted. Furthermore, other utility easements (cable, gas, oil, phone, fiber optic, or electric) where utilities are placed underground and no part of them or their supportive equipment protrudes above the ground-level are permitted within the area(s) free of woodlands and other sensitive natural or cultural resources.

J. The area(s) shall be subject to approval of a landscape plan and, if applicable, an open space management plan. The landscaping plan submitted in accordance with § 22-422 shall include provisions for full invasives removal by the applicant and/or developer prior to dedication of any natural area to the Township.

K. The linkage of erosion and sediment control or stormwater control facilities with recreation facilities may be permitted and is encouraged by the Township if the presence of such facilities does not conflict with proposed activities or detract from the aesthetic values associated with the recreational facility. Plans for combining these facilities should be submitted to the Township for review and approval.

L. Where part of a phased development, areas shall be in amount and at locations, as deemed acceptable by the Board of Supervisors, sufficient to meet the minimum open space needs generated by each phase of the development. The applicant shall provide, as part of the application for approval of the first phase of development, a schedule to the amount of open space land or of fees-in-lieu thereof to be provided in each of the subsequent phases.

7. Effect of Dedication of Land on Allowed Density of Remaining Development. Land dedicated for park and recreational use shall not be included in lot size calculations for the purpose of determining the number and character of units allowed to be developed.

§ 22-429 Natural and Historic Features Protection.

[Ord. 138, 7/17/1996, § 428; as amended by Ord. 163, 6/12/2002, § 15; and by Ord. 178, 12/1/2004]

1. Consideration shall be shown for all natural features, such as large trees, watercourses, historic areas and structures, and similar community assets which, if preserved, will add attractiveness and value to the remainder of the subdivision or land development. Alteration or removal of such features shall only be permitted in accordance with an approved final subdivision or land development plan or, where applicable, an order of conditional use approval issued by the Board of Supervisors or any applicable approval of the Zoning Hearing Board or the Code Enforcement Officer. Site alterations, regrading, filling, clearing of vegetation or other alteration or removal of natural or historic features prior to the submission of application(s) for zoning, building, or grading permits or the submission of plans for subdivision or land development, as applicable, shall be a violation of this chapter.

2. Conservation of Woodlands, Hedgerows and Specimen Vegetation.

A. Purpose. This section is intended to promote conservation of woodland, hedgerow and specimen vegetation throughout the Township through establishment of specific limitations to land development activities, replacement requirements, and management planning provisions.

B. Applicability. Application of these provisions is intended to modify the location of development in relation to existing woodlands, hedgerows and specimen vegetation but not to modify its overall intensity. The provisions of this section shall apply to any land disturbance resulting from or in connection with any subdivision or land development or any other applicable activity as set forth in the East Vincent Township Zoning Ordinance [Chapter 27]. Where any applicant for subdivision or land development demonstrates to the satisfaction of the Board of Supervisors that strict adherence to these provisions will render the lot or tract subject to application unusable or unsuitable for development in accordance with applicable zoning district regulations, or demonstrates that alternative design provisions shall achieve similar conservation objectives, the Board may waive or modify compliance as appropriate. Any such modification to the applicability of these provisions shall not require independent approval of zoning variance, special exception or conditional use in accordance with the provisions of § 27-1503 of the East Vincent Township Zoning Ordinance [Chapter 27].

C. Limitations to Woodland Disturbance.

(1) Applicants shall make all reasonable efforts to harmonize their plans with the preservation of existing trees. Woodland disturbance, including alteration or removal of any hedgerows shall be minimized. No portions of tree masses, treeline, hedgerow, or individual freestanding trees with six-inch or greater DBH shall be removed unless clearly necessary to effectuate the proposed development. In no case, shall more than 50% of any existing tree masses, treelines, hedgerows, or individual freestanding trees with six inch or greater DBH be removed.

(2) No specimen vegetation shall be removed from any lot or tract except where applicant demonstrates to the satisfaction of the Board of Supervisors that such removal is essential to eliminate hazardous condition(s) or otherwise permit lawful use of the lot or tract; where permitted, removal of specimen vegetation shall be minimized. Specimen trees to be retained shall be credited toward any tree replacement required under Subsection 2D, below.

(3) Woodland replacement in accordance with Subsection 2D below shall be required wherever permitted woodland disturbance on any lot or tract involves more than 20,000 square feet of woodland area for each principal use permitted or disturbance to more than 25% of any woodland area, whichever is less. For purposes of this section, the extent of any area of woodland disturbance shall be measured to include the entire area within the drip line of any tree part of a woodland, where any part of the area within the drip line of such tree is subject to woodland disturbance.

(4) When proposed land disturbance necessitates woodland disturbance, the applicant shall be guided by the following criteria in selecting vegetation for retention or clearing:

(a) The location(s) and benefit of conservation of healthy mature woodland stands.

(b) The impacts, in terms of functions and values to wildlife, of separating, dividing and/or encroaching on wildlife travel corridors and/or extensive habitat areas, especially woodlands exceeding 10 acres in area.

(c) The impact(s) upon scenic views and aesthetic values (such as but not limited to autumn coloration, types of flower and fruit, bark and crown characteristics, amount of dieback present).

(d) Susceptibility to insect attack and/or disease.

(e) Species longevity.

(f) Wind firmness and capability of soil to hold trees.

(g) Existence of disease, rot, or other damage to the tree (trees in poor physical condition should be removed).

(h) Protection of buildings (e.g., dead and large limbs hanging over buildings should be removed).

(5) In areas of permitted woodland disturbance and areas adjacent to permitted woodland disturbance, care shall be exercised to protect remaining trees from damage. To the maximum extent practicable, the following procedures shall be utilized in order to protect remaining trees:

(a) Where existing trees are to remain, no change in existing grade shall be permitted within the drip line of the trees. Appropriate fencing or other means of demarcation acceptable to the Township shall be placed at the drip line of trees to remain, wherever adjacent to proposed construction. Such fencing shall be maintained in place throughout the duration of construction activity. Roots shall not be cut within the drip line of any trees to remain.

(b) Trees within 25 feet of a building, or bordering entrances or exits to building sites, shall be protected by a temporary barrier to be maintained in place throughout the duration of construction activity.

(c) No boards or other material shall be nailed or otherwise attached to trees during construction.

(d) Construction materials, equipment, soil and/or debris shall not be stored nor disposed of within the drip lines of trees to remain, except for mulched vegetative matter used to prevent soil compaction.

(e) Tree trunks, limbs, and exposed roots damaged during construction shall be protected from further damage by being treated immediately in accordance with accepted professional landscape procedures.

D. Required Vegetation Replacement.

(1) Where woodland disturbance involves more than the maximum area permitted under Subsection 2C(3) above (i.e., 20,000 square feet per principal use or 25% of woodland area, as applicable), one tree and two shrubs shall be planted for each 300 square feet of woodland disturbance area, or fraction thereof, in excess of the maximum permitted area of disturbance. All specimen trees to be retained shall be credited toward any tree replacement requirement, at a ratio of three trees credited for each individual specimen tree retained.

(2) Plantings used to comply with the minimum number of replacement plantings required as above shall be:

(a) Trees: three inch caliper, minimum.

(b) Shrubs: 24-30 inches in height, minimum.

Plantings and their measurement shall conform to the standards of the publications "American or U.S.A. Standard for Nursery Stock," ANSI or U.S.A.S. Z60.1 of the American Association of Nurserymen, as amended. All plant material used on the site shall have been grown within the same USDA hardiness zone as the site and shall be nursery grown, unless it is determined by the Township that the transplanting of trees partially fulfills the requirements of this section. At the discretion of the Township, replacement trees required as above, may be substituted by trees of at least 1 1/2 inch caliper at a ratio of three trees for each one tree otherwise required.

(3) Species of replacement plantings selected and planting locations shall reflect careful site evaluation and in particular the following considerations:

(a) Existing and proposed site conditions and their suitabilities for the plant materials, based upon the site's geology, hydrology, soils, and microclimate.

(b) Specific functional and design objectives of the plantings, which may include, but not necessarily be limited to, replacement of woodland area removed, enhancement of existing woodland or oldfield area(s), reforestation of riparian buffer areas, provision for landscape buffer, visual screening, noise abatement, energy conservation, wildlife habitats, and aesthetic values.

(c) Maintenance considerations such as hardiness, resistance to insects and disease, longevity, and availability.

(d) Because of the many benefits of native plants (ease of maintenance, longevity, wildlife habitat, etc.), the use of nursery-grown free-fruiting native trees and shrubs is strongly encouraged. Species selection should reflect species diversity characteristic of the native deciduous woodland.

(4) The species, sizes, and locations of required replacement plantings shall be subject to the approval of the Township. The Township may approve the location of replacement plantings on lots or tracts other than that under application, where such placement furthers the objectives of this chapter.

E. Woodland Management Planning.

(1) Applicant shall submit to the Township, as part of any application for approval, a plan specifying the long-term management provisions which will be established for any woodland area not subject to woodland disturbance and any area selected for introduction of replacement plantings in accordance with Subsection 2D above. Such plan shall indicate management provisions in narrative and/or graphic form of sufficient detail to satisfy the Township that the following issues can be adequately addressed:

(a) The manner in which any retained woodland area will be owned and by whom it will be managed and maintained.

(b) The conservation and/or land management techniques and practices which will be used to conserve and protect such areas, as applicable.

(c) The professional and personnel resources that are expected to be necessary in order to maintain and manage the property.

(2) The plan specifying woodland management provisions also shall include a statement of woodland management objectives and shall demonstrate to the satisfaction of the Township the feasibility of intended management practices, aiming to ensure the success of stated objectives, including the viability of introduced plantings, deterrence of invasive species, and means to minimize any future woodland disturbance. Applicants are strongly encouraged to seek woodland management assistance through the Pennsylvania "Forest Stewardship Program" administered by the Pennsylvania Bureau of Forestry or other similar program.

(3) In order to ensure implementation of specified woodland management provisions on an on-going basis, the Township may, as a condition of any applicable approval, require the establishment of conservation easement(s) or deed restriction(s) in a form acceptable to the Township.

F. Replacement Guarantee. All replacement plantings shall be guaranteed and maintained in a healthy and/or sound condition for at least 18 months. Any replacement plantings found not to be in a healthy and/or sound condition during such time period shall be replaced with the same type and amount of plantings. Installation of replacement plantings and any other required landscape improvements shall be guaranteed along with all other site improvements in accordance with this chapter. The costs of landscape material and installation shall be considered in determining the amount of any performance guarantee required. At the Township's discretion, the applicant may be required to provide sufficient additional financial security for the maintenance and/or replacement of landscape improvements during the eighteen-month replacement period, the total amount of such financial security not to exceed 15% of the cost of the landscape improvements. In addition, such financial security shall include the cost of the removal and replacement of specimen vegetation damaged during construction.

3. Conservation of Riparian Buffer Areas.

A. Purpose. This section is intended to address the multiple water resource protection benefits provided by riparian buffer areas, including the following:

(1) Reduction of the amount of nutrients, sediment, organic matter, pesticides, and other harmful substances that reach watercourses through subsurface and surface flow pathways through scientifically proven natural processes including filtration, deposition, absorption, adsorption, plant uptake, and denitrification, and by improving infiltration, sheet flow, and stabilizing concentrated flows. The consumption of nitrogen and denitrification in surface and groundwater and the trapping of phosphorus-laden sediment and other pollutants resulting from adjacent land uses, thereby protecting water quality are critical.

(2) Provision of shade that moderates stream temperature and protects fish habitat by retaining more dissolved oxygen and encouraging the growth of diatoms, beneficial algae and aquatic insects.

(3) Provision for stream bank stability that protects fish habitat and controls sediment and erosion. Tree roots consolidate the soils of floodplain and stream banks, reducing the potential for severe bank erosion.

(4) Provision of organic matter through leaves which fall into the stream and are trapped on woody debris (fallen trees and limbs) and rocks where they provide food and habitat for small bottom dwelling creatures (such as insects, amphibians, crustaceans and small fish) which are critical to the aquatic food chain.

(5) Conserves the natural features important to land or water resource (e.g., headwater areas, groundwater recharge zones, floodway, floodplain, springs, streams, woodlands, prime wildlife habitats) which exist on developed and undeveloped land.

B. Applicability. Application of these provisions is intended to modify the location of development in relation to riparian buffer areas but not to modify its overall intensity. The provisions of this section shall apply to any land disturbance resulting from or in connection with any subdivision or land development or any other applicable activity as set forth in the East Vincent Township Zoning Ordinance [Chapter 27]. Where any applicant for subdivision or land development demonstrates to the satisfaction of the Board of Supervisors that strict adherence to these provisions will render the subject lot or tract unusable or unsuitable for development in accordance with applicable zoning district regulations, or demonstrates that alternative design provisions shall achieve similar conservation objectives, the Board may waive or modify compliance as appropriate. Any such modification to the applicability of these provisions shall not require independent approval of zoning variance, special exception or conditional use in accordance with the provisions of § 27-1504 of the East Vincent Township Zoning Ordinance [Chapter 27].

C. Required Riparian Buffer. No structures shall be placed within any riparian buffer area as defined in § 22-202, and no land disturbance shall be permitted within any riparian buffer area, except for the following, subject to further limitation within Zone One: Inner Riparian Buffer, as set forth in Subsection 3D below:

(1) Timber harvesting in accordance with a woodland management plan prepared by a professional forester and approved by the Township.

(2) Vegetation management in accordance with an approved landscape plan or open space management plan approved by the Township.

(3) Customary agricultural practices in accordance with a soil conservation plan approved by the Chester County Conservation District.

(4) Regulated activities permitted by the Commonwealth (e.g., permitted stream or wetland crossing or other encroachment).

D. Limitation to Disturbance Within Zone One: Inner Riparian Buffer Area. No woodland disturbance or other land disturbance, shall be permitted within any Zone One: Inner Riparian Buffer, except for the following:

(1) Regulated activities permitted by the Commonwealth.

(2) Provision for unpaved trail access.

(3) Selective removal of hazardous or invasive alien vegetative species.

E. Riparian Management Planning. All applicants shall specify the long-term management provisions that will be established for any riparian buffer area, aiming to minimize land disturbance within the buffer area. Such management provisions shall be indicated in narrative and/or graphic form of sufficient detail to satisfy the Township that the following issues are adequately addressed:

(1) The manner in which any riparian buffer area will be owned and by whom it will be managed and maintained.

(2) The conservation and/or land management techniques and practices which will be used to conserve and protect such areas, as applicable.

(3) The professional and personnel resources that are expected to be necessary in order to maintain and manage the property.

(4) Where applicable, applicants are strongly encouraged to seek woodland management assistance through the Pennsylvania "Forest Stewardship Program" administered by the Pennsylvania Bureau of Forestry.

F. Conservation Restriction. In order to ensure implementation of specified management provisions for riparian buffer areas on an on-going basis, the Township may, as a condition of any applicable approval, require the establishment of a conservation casement(s) or deed restriction(s) in a form acceptable to the Township.

4. Historic Resources. Historic features and other points of interest shall be identified and preserved in accordance with the terms of the East Vincent Township Zoning Ordinance [Chapter 27] and may be credited toward open space requirements under the following conditions:

A. The feature being preserved shall be listed upon a Township, County, State, and/or National roster or inventory of features, monuments, or places of historic or general interest, or the applicant shall by some other means demonstrate to the satisfaction of the Board of Supervisors that the said feature is of sufficient public interest to warrant preservation. Features may include, but shall not necessarily be limited to, historically, culturally, or architecturally significant buildings, monuments, or sites; unique or historic landscape elements, such as historic gardens or Penn oaks; archaeologic sites; and any other feature which shall be deemed by the Board of Supervisors to be of historic or cultural value to the Township.

B. The feature shall be situated on a tract of land of sufficient size to preserve an impression, although not necessarily the exact condition, of the environs of the said feature prior to construction of the proposed development. The amount of credit toward open space requirements shall be equivalent to the size of this tract.

C. The feature shall not be moved.

D. The developer may be required to provide interpretive signage explaining the significance of the feature.

E. The feature and the tract upon which it is located shall be maintained by the owner of the tract, a community association, a public agency, or a private conservation group which shall be responsible for the maintenance of the feature and its grounds.

F. The developer shall be responsible for improvements to the site deemed necessary by the Board of Supervisors to protect public safety.

G. The Township shall maintain a permanent record of all historic features which have been credited to open space requirements, as well as the amount of land per feature so credited.

§ 22-430 Access and Interior Circulation.

[Ord. 138, 7/17/1996, § 429; as amended by Ord. 163, 6/12/2002, § 16; and by Ord. 178, 12/1/2004]

1. The following shall apply to private driveways, accessways and other means of interior circulation serving multi-family residential, institutional, commercial or industrial properties:

A. All driveways, aisles, maneuvering spaces, vehicular service areas, or spaces between or about buildings, shall be adequately illuminated according to § 22-418 of this chapter.

B. All parking, loading or service areas, used by motor vehicles shall be located entirely within the lot line of the property.

C. Except where clearly impractical, no parking, loading, or service area shall be located within front yard setback areas.

D. Vehicular access shall be designed to limit the number of new access points to public roads and to limit potential for turning movement conflict, as set forth in this section. For the purposes of this section, any land development subject to a unified land development plan (e.g., a planned commercial or planned industrial development) shall be considered as a single parcel.

(1) All accessways onto State roads shall be designed to conform to PennDOT specifications and shall otherwise conform to the requirements of this section.

(2) Direct access to any arterial or collector street or highway shall be limited to no more than one point of ingress and one point of egress, or a single point of ingress and egress for any lot, tract, or parcel with frontage on such road. Any parcel with frontage on more than one arterial or collector street or highway may provide for access to each of such streets or highways.

(3) Direct access to any public street or road other than an arterial or collector street or highway shall be limited to no more than one point of ingress and one point of egress, or a single point of ingress and egress for each 500 feet of frontage on any such road. For the purposes of this section, fractional increments of 500 feet may be rounded up (for example, if a parcel has 600 feet of frontage along a given road, it may be permitted to have access on the basis of the first 500 feet and then additional access based on the additional 100 feet as a fraction of the next 500-foot increment).

(4) Where practicable, access to adjoining parcels shall be combined and inter-parcel access provided, so as to reduce the number of individual points of access that may otherwise be required.

E. The developer shall be responsible for the design, construction and installation, and the cost thereof, for any necessary traffic control devices and/or highway modifications required by the Township and/or PennDOT.

F. Interior drives shall be designed to prevent blockage of vehicles entering or leaving the site. Drives may be one-way or two-way. Areas designed for loading and unloading, refuse collection, fuel delivery, and other service vehicles shall be arranged as to prevent blocking or interfering with accessways, the use of automobile parking facilities or pedestrian ways, and shall have adequate turnaround surface so egress to the street is in a forward direction.

G. Fire Lanes.

(1) No multi-family residential, institutional, commercial, or industrial building shall be located more than 150 feet from a duly dedicated, improved, and accessible fire lane easement as defined herein nor more than 600 feet from a duly dedicated, accessible, and improved public street.

(2) Fire lane easements shall have a minimum unobstructed right-of-way width of 40 feet, and there shall be constructed within this right of way an all-weather and well-drained surfaced cartway with a minimum width of 20 feet. The extension of fire lane easements shall begin from one or more existing and improved public streets.

(3) Fire lane easements which curve, turn or change direction shall have a minimum radius of 55 feet of cartway. Fire lane easements containing reverse curves shall have a minimum centerline tangent length of 50 feet between curves.

(4) Dead-end fire lane easements shall be terminated with an unobstructed vehicular turnaround or cul-de-sac with a minimum right-of-way radius of 45 feet and shall have a minimum surfaced radius of 35 feet. Dead-end fire lane easements shall have a maximum length of 500 feet. The location of fire lane easements shall conform to plans for extension of streets, sanitary sewers, water mains, storm sewers, and other drainage facilities and public utilities as contained in this and other ordinances of the Township and shall provide adequate access to buildings by firemen or other emergency services.

H. Pedestrian and Non-Motorized Circulation.

(1) Pedestrian access shall be designed to provide convenient, safe, and direct access between individual uses within a development and/or neighboring and nearby concentrations of development, as applicable.

(2) An asphalt perimeter trail or trails shall be established within the required perimeter buffer area on any development in the GI or PO Zoning Districts as established by the East Vincent Township Zoning Ordinance [Chapter 27]. Such trail(s) shall serve the development and provide for interparcel connection to existing, planned or potential trails on adjoining properties. Such trail(s), which shall be established at the time of site development to run from one side of the lot or tract to the other, may replace requirements for sidewalk(s), subject to the approval of the Board of Supervisors at the time of subdivision or land development plan approval, but shall remain the maintenance responsibility of the property owner or its assigns or a business owners association approved by the Township or its assigns. The Board of Supervisors may approve an alternative trail alignment within a lot or tract where existing development on an adjoining property requires flexibility to achieve a continuous trail network.

(3) Trails shall be designed and constructed in accordance with design specifications provided by the Township Engineer. Trails intended for pedestrian and non-motorized bicycle use shall be 10 feet in width. Trails intended for pedestrian use only shall be at least five feet in width.

(4) The development of pedestrian or non-motorized trails, paths, or sidewalks shall also include accessory features such as benches, trash receptacles, and lighting, appropriately located to provide for safety and convenience.

§ 22-431 Parking.

[Ord. 138, 7/17/1996, § 430; as amended by Ord. 163, 6/12/2002, § 17; and by Ord. 178, 12/1/2004]

1. Parking shall be required as provided in § 27-1709 of the East Vincent Township Zoning Ordinance [Chapter 27]. All required parking shall conform to the provisions of this section:

A. Parking Spaces.

(1) Parking spaces for each vehicle shall be at least nine feet by 19 feet in size, except as provided for handicapped parking spaces in Paragraph C(5), below. Parking spaces shall have an approved all-weather surface and shall have convenient access in all seasons.

(2) The required parking area shall be measured exclusive of interior drives or maneuvering areas.

B. Access and Interior Drives.

(1) Access aisles which separate rows of parking spaces within parking lots shall have a minimum width of 24 feet.

(2) Interior drives shall be clearly marked by adequate painting, marking, curbing, and signs so that operators of vehicles shall not impede traffic as a result of any confusion as to location of entrances and exits and manner of reaching them.

(3) Parking lots for over 20 vehicles shall be designed so as to appear broken in mass, in proportion to the scale of structural development, and shall be so divided by permanent raised curbing and/or planting strips so that access lanes are clearly defined, and that moving traffic will be confined to designated access lanes.

(4) Driveways shall be so constructed as to permit vehicles to turn around on the lot, so as to eliminate the necessity of backing either on or off the lot.

C. Design.

(1) Outdoor parking or service areas for uses open to the public and the approaches thereto shall be paved according to Township specifications, and shall be graded, properly drained, and maintained in a good condition. Where appropriate, the use of porous pavement and/or specially designed brick or block should be considered to increase on-site water retention for plant material and groundwater supplies and to reduce problems associated with runoff.

(2) Any parking for five or more vehicles on a lot which abuts a residential district or a lot for residential purposes, whether single-family or multifamily, shall be screened from the adjacent property by an effective screen the entire length of the parking lot, and shall meet the requirements of § 22-422.

(3) All parking areas shall be landscaped in accordance with the provisions of § 22-422.

(4) Parking spaces shall be clearly delineated by suitable markings. Short-term visitors parking spaces shall be differentiated from long-term employee spaces by suitable markings.

(5) Handicapped Parking. The following provisions shall apply to handicapped parking, subject to the Americans with Disabilities Act, Title III Regulations promulgated by the U.S. Department of Justice (28 CFR, Part 36, revised July 1, 1994).

(a) A minimum of one handicapped accessible parking space shall be provided for each 20 parking spaces or fraction of 20 spaces. Such spaces shall be a minimum of 12.5 feet wide by 19.0 feet long, and shall be located so as to provide the safest and most efficient access to the principal building served by the parking lot. For every eight handicapped accessible parking spaces or fraction of eight handicapped accessible spaces, there shall be at least one such space that is van accessible per East Vincent Township Building Code [Chapter 5, Part 1].

(b) Each handicapped space or group of spaces shall be identified with a clearly visible sign or signs and surface-painted handicapped logo(s) displaying acceptable international symbols of handicapped access.

(c) Where possible, handicapped spaces shall be located so that persons in wheelchairs or using braces or crutches are not compelled to wheel or walk behind parked cars.

(d) Where applicable, curb ramps shall be provided to permit handicapped people access from the parking lot to the sidewalk or building entrance.

§ 22-432 Special Building Design Standards for Commercial Development.

[Ord. 138, 7/17/1996, 5/7/2003, § 431; as amended by Ord. 163, 6/12/2002, § 18; and by Ord. 178, 12/1/2004]

1. In addition to all applicable area and bulk criteria set forth in the East Vincent Township Zoning Ordinance [Chapter 27], the design standards of this section shall apply to any land development containing or intended to contain commercial uses. For purposes of this section, an individual building shall be considered as a space or contiguous spaces under one roof fully separated from any abutting building by permanent walls and with no direct access to any abutting building:

A. Where any individual building larger than 20,000 square feet of total floor area directly abuts any other building, there shall be a clear dimensional differentiation of roofline (i.e., an obvious difference in height) and/or an offset in facade of at least 10 feet.

B. Where any individual building facade (or adjoining facades which abut flush to the same building line) is visible from any public right-of-way or public space (including internal public spaces within a development) and exceeds 80 feet in length, there shall be a clear dimensional differentiation of roofline (i.e., an obvious difference in height) and/or an offset in facade of at least 10 feet, effectively breaking the single facade into two or more facades each no more than 80 feet in length. The Board of Supervisors may approve single facades greater than 80 feet in length, where applicant demonstrates to the satisfaction of the Board that the design of the building and its relationship(s) to surrounding buildings and landscaped areas mitigates any negative impacts of long continuous building facade(s). Mitigating factors may include design which emulates characteristic historical building forms which typically included relatively long individual facade lengths such as barns, stables, churches, meeting houses, or other public buildings. Building arrangements shall not rely on repeated use of the same long facade element.

§ 22-433 Unified Development Plan Requirements for Planned Industrial Development.

[Ord. 138, 7/17/1996, § 432; as amended by Ord. 163, 6/12/2002, § 19; and by Ord. 178, 12/1/2004]

1. All proposed planned industrial development, as permitted in accordance with the provisions of the East Vincent Township Zoning Ordinance [Chapter 27], shall be depicted on a unified development plan at a minimum scale of one inch equals 50 feet. The unified development plan shall serve as a master site development plan for the subdivision and/or land development of any property for purposes of planned industrial development. This plan shall express a unified design for phasing of lots, streets, and other improvements throughout the tract proposed for planned industrial development. The unified development plan may satisfy preliminary and/or final plan submission requirements where all other applicable standards of this chapter and the East Vincent Township Zoning Ordinance [Chapter 27] are complied with.

2. The unified development plan shall include all information required in accordance with § 22-307, "Existing Features Plan," shall indicate the location(s) of all proposed development relative to identified existing features, and shall incorporate means to protect or minimize disturbance to existing features.

3. The unified development plan also shall depict and incorporate the following:

A. A unified design of streets, service drives, and other accessways, and the overall integration of internal access with external access, traffic control, and traffic safety.

B. A unified design of sidewalks, pathways, crosswalks, perimeter and internal trails, and other pedestrian and non-motorized accessways as may be proposed.

C. A unified design for perimeter screening and buffering, screening and buffering at the 300-foot elevation and above, and other landscaping, berms, fences, and/or walls whenever such features are proposed.

D. A unified design for street lights and other lighting.

E. A unified design for grading, drainage, stormwater management, and soil erosion and sedimentation control.

F. A unified design for the proposed sewer and water service.

G. A declaration of covenants, easements and restrictions to govern the development and construction of buildings and structures within the district.

§ 22-434 Trails.

[Ord. 138, 7/17/1996, § 433; as amended by Ord. 178, 12/1/2004]

1. Purpose. The purpose of this section is to implement the Trail Corridor and Passive Recreation Recommendations of the East Vincent Township Open Space, Recreation and Environmental Resources Plan of 1992, including:

A. Establishing a community trail network for East Vincent Township, as reflected on a Comprehensive Trail System Map.

B. Linking the Township's residential neighborhoods, developments, and rural residences with passive and active recreation facilities and public and private school facilities and grounds through alternative methods of travel.

C. Encouraging convenient non-motorized access within and between village commercial areas of the Township and nearby residential areas and uses, and that may also lead to a reduction in vehicle trips within and between those areas.

D. Promoting reasonable opportunities for the public to access the Township's natural and historic features including, but not limited to, scenic areas, water recreation areas, and passive nature study areas, as identified in the Township's adopted Open Space, Recreation, and Environmental Resources Plan.

E. Creating a trail hierarchy and providing minimum, uniform design standards and maintenance requirements for the construction and long-term integrity of constructed trails and supporting infrastructure.

2. Existing Trails.

A. On any tract containing an existing trail, as shown on the Comprehensive Trail System Map or as otherwise identified by the applicant or the Township, the plan for development of the tract shall incorporate and protect the continuing viability of the trail.

B. The applicant may request the relocation of the existing trail corridor elsewhere within the tract, where the applicant alleges the existing location impedes the appropriate development of the tract in accordance with other applicable standards of this chapter. Any such proposed relocation must be reviewed by the Parks and Recreation Board, approved by the Board of Supervisors, and accomplished in a manner consistent with the terms of this section and other applicable standards of this chapter.

C. By means of the existing and/or relocated trail, the plan for the tract shall provide and maintain connections to the Township's Comprehensive Trail System and to any other existing trails on contiguous properties.

D. Where a proposed subdivision or land development abuts or contains an existing trail that is designated as an arterial trail by the Comprehensive Trail System Map, the Board of Supervisors may require creation and, as it deems necessary, dedication of additional trail cartpaths and/or shoulders to provide the minimum cartpaths and shoulders specified for an arterial trail by this section, or such other treatment as will provide protection for abutting properties, reduce the length and/or width of trail essentially serving the same purpose, and assure compatibility with other segments of the comprehensive trail system.

E. Where a proposed subdivision or land development contains an existing trail that is proposed to function as a local/collector trail but does not fully comply with the standards in this section for such a trail, the Board of Supervisors may require that the trail be improved to meet such minimum standards.

3. Creation of New Trails and Trail Links.

A. Where the tract proposed for subdivision or land development does not contain an existing trail, new local/collector and, as applicable, multi-use arterial trails shall be created that enable pedestrian, bicycle, and/or equestrian connections to existing or potential trail corridors off the site and provide internal circulation and/or recreation opportunities. Trail routes and functions shall be established in consultation with the Township Parks and Recreation Board shall be consistent with trail locations designated in the Township's Comprehensive Trail System Map, and shall be coordinated with trails, or recorded plans for trails, on adjacent tracts. The applicant shall propose at the earliest possible stage in the Township's subdivision and land development review process (i.e., sketch plan where applicable, or preliminary plan, if not applicable), the location of the new trail and point(s) at which linkages will be made off site. Linkages off-site shall correspond to major planned site entrances, contiguous open space areas, or to other identified linkages indicated on the Comprehensive Trail System Map, unless waived by the Board of Supervisors in consultation with the Parks and Recreation Board.

B. Where no trail has been indicated on the Comprehensive Trail System Map, the applicant shall provide for local/collector trails as a means of access to the trails indicated on said map. Provisions for trail connections into and from adjacent areas shall be required unless waived by the Board of Supervisors in consultation with the Parks and Recreation Board.

C. Any newly-created trail shall be available for public use, and generally shall be unrelated to and separate from streets within the tract. A trail route may utilize a sidewalk only where site design or open space alternatives do not exist, or where such location best facilitates an off site connection with an existing trail. Approval of any such trail routing on sidewalks shall be at the sole discretion of the Board of Supervisors. At the option of the applicant, and consistent with Township plans, the trail may be located adjacent to existing or proposed lot lines and/or within common open space.

D. Trail Design Criteria.

(1) Thoughtful and imaginative design of trails and their relationship to the arrangement and shape of lots and open space areas is required.

(2) Trails shall be logically related to environmental features so as to minimize disturbance to such features while permitting observation of such features.

(3) Trails shall be curvilinear in design, constructed on reasonable grades, and have proper drainage.

(4) Trails shall provide for adequate vision and sight distances, and shall include design features, as determined appropriate by the Township, to notify trail users of road crossings or other potentially hazardous locations. Such required features may include signage, bollards, fencing, gates, striping or other trail surface treatment, or other measures deemed necessary by the Township.

(5) Adequate separation shall be provided for proposed trail rights-of-way where generally paralleling the rear or side lot lines of proposed residential lots. Use of existing or new landscaping, berming, and fencing to provide future lot owners adjoining proposed trails with privacy, or to prevent trespass, may also be required by the Board of Supervisors.

E. Ownership and Trail Easement Terms.

(1) Trail corridors traversing areas of common open space shall be owned and maintained by a homeowners association or similar entity, or by means of dedication to an organization capable of carrying out ownership and maintenance responsibilities that is specifically approved by the Board of Supervisors. Where a trail corridor traverses an individual lot, the lot owner shall be responsible for ownership and maintenance of the trail.

(2) Regardless of trail ownership, the applicant or developer shall, as a condition of final plan approval, prepare and submit a continuing offer of dedication of a trail easement to the Township. Such easement shall, at minimum, cover the full width of the trail corridor right-of-way, as required by this section. Terms of the easement shall, at minimum:

(a) Assure that the trail is accessible to the public.

(b) Stipulate that there is no cost to the Township of easement acquisition (other than any costs incidental to the transfer).

(c) Establish a maintenance agreement acceptable to the Township.

(d) Guarantee to the Township the right of entry for inspection, emergency, and maintenance purposes.

F. Trail design and construction shall be consistent with the standards contained herein and with other segments of the Township trail network.

G. The applicant or developer shall obtain any applicable permits, approvals, of waivers from other regulatory agencies with jurisdiction over proposed trail location, materials, construction, or road crossing, or where the identified trail corridor will impact natural resources for which disturbance permits are required, including but not limited to stream crossing or wetland disturbance. Compliance with the concurrent submission requirements of § 27-1506 of the Zoning Ordinance [Chapter 27] is required.

H. Dead-end trails shall be avoided, except as logical termini or as stubs to permit future trail extension into or from adjoining tracts.

I. Continuations of existing trails shall be known by the same name, but names for other trails shall not duplicate or closely resemble names for existing trails in the Township or adjacent municipalities. Where trails continue into adjacent municipalities, evidence of compatibility of design, particularly with regard to trail surfacing, width, and right-of-way, shall be submitted. The applicant shall coordinate such designs with both municipalities to avoid abrupt changes in width or improvements.

J. With the exception of motorized wheel chairs and maintenance vehicles, motor vehicles may not be used on trails.

K. Hierarchy of trail components. Within the Township's comprehensive trail system, each trail shall be designated as one of the following components, as defined in Part 2 of this chapter:

(1) Multi-Use Arterial.

(2) Bikeway.

(3) Local/Collector.

L. Trail Widths.

(1) The minimum right-of-way, cartpath, and shoulder widths for all new trails in the Township shall be as follows:

Type of Trail	Right-of-way (feet)	Cartpath (feet)	Shoulders (feet)
Multi-Use Arterial	12	8 (5 min. for one way)	2 (per shoulder)
Bikeway	12	8 (5 min. for one way)	2 (per shoulder)
Local/Collector	12	6 (4 min. for one way)	1-2 (per shoulder)

(2) Any trail within a public park shall have a minimum cartpath of eight feet and minimum shoulders of two feet.

(3) Additional right-of-way and/or cartpath widths may be required by the Board of Supervisors for the following purposes:

(a) To promote public safety and convenience.

(b) To assure proper management of stormwater runoff.

(c) To accommodate special topographical circumstances which may result in cut/fill slopes extending beyond the standard trail width. These should in all circumstances be included within the trail width to assure accessibility for maintenance operations.

(4) Trail widths less than prescribed in this section shall not be permitted.

M. Trail Alignment.

(1) To ensure adequate sight distance, minimum center-line radii for horizontal curves shall be as follows:

(a) Multi-use arterial trails: 35 feet.

(b) Bikeways: 65 feet.

(c) Local/collector trails: 15 feet.

(2) Curves shall not produce excessive flatness in grade. There shall be no dips, cross-gutter bumps, or humps in the surfacing.

(3) Sight lines and stopping sight lines for all new trails in the Township shall be as follows:

Type of Trail	Sign Lines (feet)	Stopping Sight Line (feet)
Multi-Use Arterial	60	50
Bikeway	130	150-175
Local/Collector	30	25

N. Trail Grades.

(1) Grades for any trail shall not exceed 5%, except that steeper grades may be permitted for short lengths, in no event exceeding 200 feet, where natural contours provide conditions for minimal grading at the steeper grade.

(2) Under no conditions will maximum grades be permitted with minimum curve radii.

(3) Applicants shall only propose locating a trail on a slope steeper than permitted above if it can be demonstrated that all other options for trail location have been exhausted. Under such circumstances, the Board of Supervisors may require the use of switchbacks as an effective technique for traversing steep slopes. Under certain circumstances, the Board of Supervisors may require the construction of stairs for safe climbing. When stairs are used, documentation of their design and construction shall be required. In particular, methods used to prevent erosion, safeguard the public, and provide long-term maintenance shall be documented.

O. Trail Construction.

(1) All materials entering into the construction of trails and the methods of construction and drainage shall be in accordance with the terms of this section and the applicable standards of the American Association of State Highway and Transportation Officials (AASHTO). Multi-use arterial trails shall not be designed and constructed for speeds in excess of 15 mph. Bikeways shall not be designed and constructed for speeds in excess of 30 mph. Local/collector trails shall not be designed and constructed for speeds in excess of 10 mph.

(2) Surfacing.

(a) Multi-use/arterial trails and bikeways shall consist of a six-inch base surface of crushed stone with a two-inch asphalt top coat. The asphalt top coat shall consist of a wearing course containing no more than 1/2-inch crushed stone.

(b) Local/collector trails shall consist of:

1) A minimum of five inches of 3/8-inch crusher stone, compacted with fine particles.

2) A four-foot wide concrete sidewalk when proposed as part of a larger trail system serving a new residential or non-residential development.

3) A mowed path when proposed for a sensitive environmental area limited to pedestrian and equestrian use of a low-frequency nature.

(3) All crushed stone trails shall be underlined with Class 4 geotextile fabric.

(4) Overhead clearance for all trails shall be no less than 10 feet.

(5) Crushed stone or concrete trail shoulders shall be free of woody vegetation, graded to provide adequate drainage and smooth transition from the trail cartpath surface, planted and maintained with appropriate ground cover, and underlined with geotextile fabric.

P. Trail Lighting.

(1) Trail lighting is generally not required unless the Board of Supervisors determines that parking areas, trailheads, or major road crossings warrant such.

(2) In the event lights are used, the style, type and manufacturer of trail lights shall be subject to the approval of the Township.

Q. Trail Signage.

(1) All aspects of trail signage, including design, number, and location, shall be reviewed by the Parks and Recreation Board and subject to the discretion and approval of the Board of Supervisors.

(2) Trail signage shall conform to the standards of the Federal Highway Administration's (FHWA) Manual on Uniform Traffic Control Devices regarding sign shape and color (i.e., white lettering on brown background). FHWA standards regarding sign size shall not apply to trails, except as specifically required for bicycle facilities. Signs shall be clearly readable, easily understood, and sized according to the scale of the trail. Signs shall be constructed of Carsonite unless a similar plastic and/or fiberglass material is specifically approved by the Board of Supervisors, and shall not detract from the scenic quality of the trail.

(3) Where applicable, signs shall conform to the requirements of the Pennsylvania Department of Transportation (PennDOT) Handbook of Approved Signs or as otherwise approved by PennDOT.

(4) Unless specifically waived by the Board of Supervisors, the following types of signs shall be required at applicable points along trails and shall be provided by the applicant:

(a) Regulatory/Guidance Signs. Such signs shall serve two purposes:

1) For traffic control or to give operational requirements (examples include stop and yield signs, speed-limit signs, and right-of-way signs).

2) For trail information or directions (examples include signs which point out local points of interest or nearby service facilities).

These types of signs should be accompanied by a trail map indicating the local trail segment, "you are here" location, and regional trail interconnections. Guidance signs, in the form of kiosks, shall be provided at any intersection of an arterial trail with another arterial trail, with a collector trail, or with a bikeway.

(b) Warning Signs. Such signs shall be used to point out existing or potentially dangerous conditions; examples include signs which warn of grade changes or changes in surface conditions and signs which warn of upcoming bridges, intersections or tunnels. Traffic signs intended to be placed at road crossings or traffic signals must be designed to provide for proper safety, site distances, and warning to trail users. Designs, including sketches, must be submitted for review and approved by the agency having jurisdiction over the road being crossed. Provisions for adequate long-term maintenance must accompany such submissions.

(5) Excessive signage shall be prohibited. For example, signage shall not be permitted to detract from the natural or scenic qualities of trails.

R. Trail Maintenance.

(1) Where maintenance of trails is to be the responsibility of individual lot owners, a homeowners association or similar entity, or an organization capable of carrying out maintenance responsibilities, maintenance responsibilities shall be established in accordance with the terms of § 22-603.2 of this chapter. Clearing of snow and similar winter maintenance shall not be required except where otherwise specifically mandated, e.g., as part of a sidewalk system.

(2) While it is anticipated that trail usage will contribute significantly to trail maintenance, responsible parties shall inspect trails on a periodic basis and provide needed maintenance. The Township shall have the right, but not the obligation, to keep trails passable. Maintenance undertaken by responsible individuals or entities shall not infringe upon passage by trail users.

S. Timing of Trail Installation. The trail system approved as part of the final plan for a tract shall be fully constructed and installed in accordance with the following:

(1) As required in § 22-312.2 of this chapter, all portions of multi-use arterial trails and bikeways located on the tract shall be installed prior to the issuance of any building permit.

(2) Building permits shall be issued for not more than 25% of the dwelling units approved for a site, or any phase thereof, until installation of any local/collector trail is completed for the site or phase, respectively.

§ 22-435 Special Development Standards for Neighborhood Mixed Use Development.

[Ord. 138, 7/17/1996; as added by Ord. 206, 5/19/2010, § 1]

1. The following definitions shall apply for any neighborhood mixed use development:

GREEN

A public open space for passive or unstructured recreation, landscaped mostly with grassy areas and trees.

PLAZA

A public open space for passive recreation that is surrounded by buildings and/or streets. Plazas may be 100% hardscaped, but must also include amenities for use by pedestrians, such as seating, drinking and ornamental fountains, art, trees, and landscaped areas or planters.

POCKET PARK

A public open space for passive or active recreation that is less than 1/2 acre in size. Pocket parks may include paved walks, seating, play structures, and landscaped areas consisting of trees, lawn, and other plant material.

SQUARE

A public open space for passive recreation that is bounded by streets on at least three sides, with residential and nonresidential uses fronting on such streets for at least 60% of their length. Squares shall include paved walks, seating, and landscaped areas consisting of trees, lawn, and other plant material.

2. Neighborhood Mixed Use Development Design Standards. In order to achieve the compact development patterns characteristic of traditional neighborhood developments, special standards are needed for the design of lots, streets, alleys, private driveways, sidewalks, stormwater management, natural features preservation, and other design requirements. The following provisions apply to all NMU communities. In the event of a conflict with other Sections of the East Vincent Zoning Ordinance [Chapter 27] or this chapter, the provisions of this section shall apply.

A. Dwelling units and lots in an NMU community may front on public rights-of-way, private streets, and public greens and plazas Where access is provided to the rear of units via alleys, lots and dwelling units are not required to have direct vehicular access to a public or private street.

B. The NMU development shall provide a system of interconnected public rights-of-way and private streets and alleys that accommodate future connections on adjacent parcels. Where public and private streets and alleys are intended to connect to future streets and alleys on adjacent parcels, a right-of-way strip shall be reserved. Alleys may dead-end when adequate turnaround space is provided.

C. In an NMU community, where single access public or private streets are longer than 1,000 feet and/or serve more than 20 lots or dwelling units, an emergency access drive shall be provided.

D. Proposed two-way public streets shall have a minimum right-of-way width of 50 feet. Proposed one-way public streets shall have a minimum right-of-way width of 40 feet. Minimum right-of-way shall not be required for private streets and alleys.

E. Minimum centerline radius for public and private streets in an NMU community may be 100 feet, provided the posted speed limit is 25 miles per hour. Minimum centerline radius requirements do not apply to alleys and private driveways.

F. The radii of tangential arcs at intersecting curb lines of public and private streets and public and the curb lines of intersecting streets and alleys shall be a minimum of 15 feet; the radii of intersecting right-of-way lines may be zero feet. Other street intersection requirements do not apply to alleys and private driveways.

G. Intersections with existing streets shall have a paved cartway radius of 20 feet.

H. In an NMU community, dwelling units and lots proposed along existing arterial, collector, and minor streets may front on the existing streets, but vehicular access shall be provided from interior public and private streets, alleys, and parking areas.

I. The minimum paved cartway width public or private streets in an NMU community shall be provided as follows. The paved cartway for alleys shall be at least 18 feet wide.

(1) Two-way public or private street: 22 feet.

(2) Two-way public or private streets with parking one side: 30 feet.

(3) Two-way public or private streets with parking both sides: 38 feet.

(4) One-way public or private street: 18 feet.

(5) Parking on both sides of one-way public or private streets shall not be permitted.

J. For an NMU community, private driveways may be located three feet from interior lot lines and eight feet from the edge of paving of intersecting public and private streets and alleys interior to the development. Private driveways shall be 95 feet from the edge of paving of intersections with existing streets.

K. Driveway ramps for underground parking that exceed 8% grade may be permitted by the Board of Supervisors with the recommendation of the Township Engineer.

L. Intersections of public and private streets in an NMU community shall have a clear sight distance dimension of 50 feet. Intersections involving alleys and private driveways shall have a sight distance of 45 feet.

3. Special Landscape Requirements for NMU Development. The following landscape standards are required in order to accommodate the special characteristics of NMU development. The screening and minimum planting standards of § 22-422 of this chapter shall not apply. Where there is a conflict with the landscape design standards of § 22-422 and the provisions below, the requirements of this section shall apply. The requirements of this section may be waived or reduced at the discretion of the Board of Supervisors.

A. Street Trees. Street trees shall be required along all public and private streets and may be located within public rights-of-way. Street trees shall be spaced an average of 45 feet on center; however, spacing may vary to accommodate utilities and access drives. Trees that cannot be located along the street shall be located elsewhere on site. Street trees are not required along alleys.

B. Buffers. Two types of buffers shall be provided: property softening buffers for the development perimeter and property screening buffers for internal land use separation and site elements, such as parking lots, retention basins, on-grade mechanical equipment, trash dumpsters, service yards, and similar uses. Buffer areas shall be used for no purpose other than the planting of trees, shrubs, and lawn to meet planting requirements and may include a wall or fence, providing such structures do not conflict with required sight lines and distances and are designed to be compatible with the character of the surrounding neighborhood. The applicant shall not be required to provide buffers if existing planting, topography, or man-made structures are acceptable to the Board of Supervisors.

(1) Softening Buffers.

(a) Definition. A "softening buffer" is a mixed perimeter landscape planting intended to provide an informal separation between neighboring developments. It is not intended to form a complete visual barrier.

(b) Location. A softening buffer shall be required as follows:

1) Along all property lines forming the overall development perimeter.

2) To screen and naturalize surface stormwater management facilities.

(c) Design. Softening buffers, when required, shall be generally aligned with property lines and adjacent rights-of-way, but planting material may be positioned and grouped informally to create a naturalized appearance. The softening buffer shall not be less than three feet nor more than 15 feet in width and shall be designed to accommodate future maintenance.

(d) Planting Options. The following planting options per 100 feet of property line and/or right-of-way may be used to create a softening buffer. The use of a mix of these options is encouraged.

1) Option A (10-15 feet wide).

2 shade trees

1 flowering tree

1 evergreen tree

8 deciduous, evergreen, or semi-evergreen shrubs

2) Option B (10-15 feet wide).

2 shade trees

3 evergreen trees

5 deciduous, evergreen, or semi-evergreen shrubs

3) Option C (3-5 feet wide).

Fence with climbing vines every 12 inches on center

(e) Plant Material Requirements.

1) A mix of evergreen and deciduous plants is encouraged to provide color and an interesting natural effect.

2) Not more than 20% of plants shall be evergreen.

3) All plant material used shall meet minimum caliper and height requirements as stated in § 22-422 of this chapter.

(f) Installation and guarantee of landscape improvements shall meet the requirements of § 22-422.

(g) Where there is a dimensional nonconformity, the applicant shall attempt to comply with these standards. However, alternate compliance may be accepted by the Board of Supervisors provided it meets the spirit and intent of this section.

(2) Screening Buffers.

(a) Definition. A "screening buffer" is a predominantly evergreen landscape planting or opaque structure intended to provide a formal visual separation between incompatible land uses and neighboring developments. A screening buffer is intended to form a complete visual barrier; however, it is not intended to be a mono-culture planting, but one that utilizes numerous evergreen species.

(b) Location. A screening buffer shall be required to provide a visual barrier between changes in land use, such as between single-family dwelling units and freestanding retail uses, for example, and to screen parking areas, truck loading facilities, outside storage areas, mechanical equipment, trash receptacles, and similar site elements from view. A screening buffer may also be required along front yard lines and streets if the incompatible land use is residential. Within the NMU community, screening between dwelling types is not required.

(c) Design. Screening buffers, when required, shall be generally aligned with internal land use boundaries, site elements, property lines, and adjacent rights-of-way, but planting material me be positioned and grouped informally to create a more naturalized appearance. The screening buffer shall not be less than three feet nor more than 10 feet in width. Screening buffers shall be continuous and shall be broken only at points of vehicular or pedestrian access.

(d) Planting Options. The following planting options per 100 feet of land use boundary, site element, property line, and/or right-of-way may be used to create a screening buffer. The use of a mix of these options is encouraged.

1) Option A — Evergreen Hedge (5-10 feet wide).

a) Evergreen shrubs shall be placed three feet on center in a minimum five-foot wide bed along the land use, site element, property line, or right-of-way. Shrubs shall be arranged to provide a continuous hedge-like screen up to a maximum height of six feet at maturity. Shrubs may be clipped to create a more formal hedge or left in their natural habit.

2) Option B-Opaque Fence or Wall (three feet to five feet wide).

a) A six-foot opaque fence or wall shall be provided along the land use, site element, property line, or right-of-way with vines planted eight inches on center.

b) Screen fences and walls shall be located within five feet of the land use boundary or site element, and as close as possible, but not on a property line or right-of-way.

c) Where needed in front yards to screen residential uses, screen fences and walls shall be a maximum of four feet.

d) Screen fences and walls shall be constructed in accordance with approved standards.

3) Option C-Berm with Evergreen Shrubs (five to 10 feet wide).

a) A three- to four-foot continuous curvilinear berm with evergreen shrubs shall be planted three feet on center in a formal or informal arrangement at a rate of one shrub for every five linear feet of berm.

b) No plantings shall be located on top of the berm.

(e) Plant Material Requirements. All plant material used shall meet minimum caliper and height requirements as stated in § 22-422 of this chapter.

(f) Installation and guarantee of landscape improvements shall meet the requirements of § 22-422.

(g) Where there is a dimensional nonconformity, the applicant shall attempt to comply with these standards. However, alternate compliance may be accepted by the Board of Supervisors provided it meets the spirit and intent of the ordinance.

C. Open Space. Open space in a NMU community shall include squares, plazas, greens, informal parks, and preserved natural areas, providing space for passive and unstructured active recreation. Other than preserved natural areas, open spaces shall be appropriately landscaped to provide shade, grassy areas, and visual interest. Improvements may consist of paths, benches, picnic tables, gazebos, public art and other amenities.

D. Recreation Land. Recreation improvements that count toward allowable fees-in-lieu of land for parks, recreation, and open space may be provided by applicants of an NMU community when approved by the Board of Supervisors.

E. Parking Areas. Common parking lots shall meet the following standards:

(1) Surface parking lots shall be located to the rear of principal buildings or to the side. Surface parking shall not be located between a building's primary facade and a public or private street.

(2) Parking lots that have frontage on a public or private street shall have a five-foot wide landscaped area with a screening buffer in compliance with Subsection 3B above. Parking lots adjacent to a residential use shall have a six-foot wide landscaped area with a screening buffer in compliance with Subsection 2B above. The landscaped areas shall include any required street trees and a mix of groundcovers and shrubs.

(3) At least 10% of the interior of any surface parking area shall be landscaped, measured to the inside curb line. The landscaped areas shall include a mix of groundcover, shrubs, and shade trees, so that at least 20% of the paved surface area shall be shaded by trees within five years.

(4) Surface parking areas shall be landscaped and screened according to an overall landscape plan prepared for the development by a registered landscape architect.

(5) Stormwater run-off from surface parking should be managed locally in landscape islands and perimeter planting areas.