Township of West Cocalico, PA DESIGN STANDARDS

Whenever Chapter 27, Zoning, provides that the use proposed by the applicant for subdivision and/or land development approval shall constitute a use by special exception, the applicant shall obtain such special exception from the Zoning Hearing Board prior to the submission of a formal subdivision and/or land development plan; however, a developer may submit an informal sketch plan for comment by the Township Planning Commission concurrently with an application for a special exception approval.

The submission of a formal subdivision and/or land development plan shall be designed and developed in accordance with any conditions which the Zoning Hearing Board has imposed upon such approval.

Variances.

Whenever the applicant proposes to develop a subdivision and/or land development in a manner that would require a variance from any requirements of Chapter 27, Zoning, the applicant shall obtain such variance from the Zoning Hearing Board prior to the submission of a formal subdivision and/or land development plan; however, a developer may submit an informal sketch plan for comment by the Township Planning Commission concurrently with an application for a variance approval.

The submission of a formal subdivision and/or land development plan shall be designed and developed in accordance with any conditions which the Zoning Hearing Board has imposed upon the grant of such variance or variances.

Compliance With Prior Plans Required. Whenever all or a portion of the land contained within an application for subdivision or land development approval constitutes all or a portion of land included in a prior subdivision or land development plan approved by the Township or the County Planning Commission and recorded in the Office of the Recorder of Deeds in and for Lancaster County, Pennsylvania, the plan shall comply with all conditions, restrictions and notes imposed on the prior approval and/or included upon the recorded subdivision or land development plan. The applicant shall identify all prior recorded subdivision and/or land development plans of which all or a portion of the land contained in the plan was a part and all conditions, restrictions and notes which affect the current application. Failure to identify all applicable conditions, restrictions and notes of record on prior plans constitutes a violation of this chapter. The applicant shall submit with the application for preliminary plan approval a statement identifying the prior plans reviewed; the conditions, restrictions and notes which would impact development in accordance with the plan for which approval has been requested; and an explanation of the manner in which the proposed plan has been designed to comply with such conditions, restrictions and notes. This information shall be signed by the applicant or the applicant's engineer or landscape architect.

§ 22-602 Streets.

[Ord. No. 146, 3/4/2021]

General Design Standards.

Proposed streets shall conform to the Official Map and such Township, county, and state street and highway plans as have been prepared, adopted and/or filed as prescribed by law.

New streets shall be connected with streets of similar function to form continuations thereof.

Wherever there exists a dedicated or platted area reserved for future street usage along the boundary of a tract being developed, the adjacent street shall be extended into the proposed project.

Local streets shall be laid out to discourage use by through traffic.

The rigid rectangular street pattern need not be adhered to; the use of curvilinear streets may be provided when their use will result in a more desirable layout.

Where a development abuts an existing or proposed major street, the developer shall provide marginal access streets, reverse-frontage lots or such other treatment that will provide protection for abutting properties, reduce the number of intersections with the major street and separate the local and through traffic.

If lots resulting from original subdivision are large enough to permit resubdivision or if a portion of the tract is not subdivided, adequate rights-of-way for streets and other required improvements shall be provided as necessary to permit further subdivision.

All streets shall be arranged to conform as closely as possible to the original topography.

Streets shall be laid out to provide convenient and safe access to the property.

Streets shall be logically related to the topography so as to produce reasonable grades, satisfactory drainage and suitable building sites.

As a minimum, all new streets shall be graded to the right-of-way line. All cut-and-fill slopes associated with the construction of the streets, within or beyond the limits of the street right-of-way, shall not exceed a maximum of a 3:1 slope.

The design speed and proposed speed limits for new streets shall be noted on the plan and shall be approved by the Township.

Snow removal stockpile easements shall be provided at all intersections, culs-de-sac, and dead-end streets (if approved by the Township). The snow removal stockpile easement shall be a minimum of 40 feet in length along the cartway. The depth shall be measured from the edge of the cartway and shall be equivalent to the minimum building setback line but in no case less than 30 feet. No on-street parking, driveway, structure, any aboveground part of any utility, landscaping, or any other use shall be permitted along and within the snow removal stockpile easement that would interfere with the intended purpose of the easement. All snow removal stockpile easements shall be delineated on all plans and the restrictions on their use shall be noted on the plans. All locations shall be approved by the Township.

Permanent concrete monuments shall be accurately placed to monument the right-of-way line along at least one side of each street at the beginning and end of all curves and at all angles. When the outside perimeter of a tract falls within or along an existing road right-of-way, then the right-of-way of that roadway shall be monumented at the above-referenced points.

Monuments shall be of concrete, with a flat top having a minimum width or diameter of four inches and a minimum length of 30 inches. Cast-in-place or precast concrete monuments shall be marked with center punch mark in a three-quarter-inch copper or brass dowel.

All existing and proposed monuments shall be delineated on the final plan.

All monuments shall be placed by a registered engineer or surveyor so that the scored or marked point shall coincide exactly with the point of intersection of the lines being marked.

All monuments shall be inscribed with a proper inscription indicating the name of the surveyor responsible for the survey.

All subdivision and land developments shall include provisions to accommodate sump pump discharges. Sump pump discharges shall not discharge directly or indirectly onto the surface of any public or private street but shall discharge into a storm sewer system or culvert under or along the road.

Any storm drainage pipe within the right-of-way shall be concrete or plastic.

Private Streets.

All proposed streets, except culs-de-sac, shall be offered for dedication. The Township shall not be obligated to accept dedication of any street.

All private streets shall conform to the following requirements:

Private streets shall meet all the design standards for public streets as required by this chapter.

Applications that propose a private street shall include an agreement, in a form acceptable to the Township, which shall be recorded with the Recorder of Deeds as part of the final plan. This agreement shall establish the conditions under which the street will be constructed and maintained, as well as conditions controlling an offer of dedication, and shall stipulate:

That the street shall be constructed and maintained to conform to the provisions of this chapter. The Township will not consider accepting dedication of any street which is not built and maintained to Township specifications.

The method of assessing maintenance and repair costs.

That an offer for dedication of the street shall be made only for the street as a whole.

That the owners of the abutting lots will include with any offer of dedication sufficient funds, as estimated by the Township, to restore the street to the prevailing standards.

(e)

That an agreement by the owners of 51% of the front footage thereon shall be binding on the owners of the remaining lots.

(f)

The Township shall have no obligation to accept the street at any time.

Street Names, Street Address, and Traffic Signs.

Streets that are extensions of or obviously in alignment with existing streets shall bear the names of the existing streets.

Street names shall not be repeated within the Township and all street names shall be subject to the approval of the Township and Lancaster County-Wide Communications.

Street name signs shall be provided and installed by the developer at all intersections and shall identify both intersecting streets and their design shall be approved by the Township.

Street address plans shall be prepared by the developer and submitted to the Township prior to the Township accepting dedication of any streets or prior to the final reduction in the project's financial security.

Regulatory signs shall be provided and installed by the developer at all locations identified by a traffic engineering study prepared by the developer and in accordance with PennDOT Publication 201, Engineering Traffic Studies.

Traffic signs shall be approved by the Township and shall be supplied and installed by the developer in accordance with Township regulations; PennDOT Publication 68, Official Traffic Devices; and the Manual on Uniform Traffic Control Devices, FHWA, as amended.

All traffic signs shall be installed by the developer prior to the occupancy of any units within the project.

The developer shall be responsible to reimburse the Township for all costs associated with the preparation and enactment of ordinances to establish traffic and parking regulations on streets dedicated to and accepted by the Township.

Guide Rail.

Streets shall be designed to preclude or minimize the need for guide rail. The Township may, however, require guide rail to be placed for protection on embankments when a barrier is indicated as warranted in Design Manual Part 2 Highway Design by PennDOT.

The design and selection of guide rail shall generally be in accordance with the standards in Design Manual Part 2, Highway Design; however, the Township shall approve all guide rail systems.

Improvements to Existing Streets.

Where a subdivision or land development abuts an existing Township and/or state street the developer shall make the following improvements:

In cases where a subdivision or land development abuts an existing Township or state street, the street shall be improved to the ultimate width in accordance with § 22-602, Subsection 7, or as indicated on the Township Official Map, whichever is greater, and additional right-of-way shall be provided, concrete curbing and sidewalk, and any other street improvements that are required by this chapter. All such improvements shall be constructed in accordance with this Part and Part 6 Appendix.[1]

Editor's Note: The Part 6 Appendix is included as an attachment to this chapter.

In cases where the development is situated only on one side of an existing street, the Township may require that only that side of the street be widened and improved.

Where the developer of the subdivision or land development is required to provide a traffic study and report and the traffic study and report indicates that additional improvements are required, the developer shall install the improvements, including but not limited to traffic signals, traffic control devices additional traffic lanes, traffic dividers and highway markings.

When the Township determines that the required improvements are not feasible at the time of development of the use, the developer and the record owner (if different) shall enter into a recorded agreement with the Township for the deferral of the installation of the improvements in a form acceptable to the Township Solicitor. The deferral agreement shall require the developer or future landowner to install or pay all costs for the Township to install the required improvements in the future.

If a subdivision or land development abuts an existing Township and/or state street which has a right-of-way width of less than the required right-of-way width set forth in § 22-602, Subsection 7, the applicant shall dedicate to the Township or Commonwealth, as applicable, that amount of land necessary so that the distance from the center line of the street to the edge of the right-of-way abutting the proposed development is one-half the ultimate right-of-way as set forth in § 22-602, Subsection 7.

The extension of existing streets which are presently constructed with a cartway different from current Township standards shall be provided with a transition area, the design of which is subject to Township approval.

Where a temporary cul-de-sac is being extended, the developer shall remove the bulb and reconstruct the street to Township street specifications, extend any existing sidewalk through the area, and regrade and see the remaining areas.

When the proposed development requires construction within an existing street right-of-way, such as sewer, water or stormwater lines, the developer shall install a new wearing course along the entire frontage and/or disturbed area. The extent of the new wearing course shall be approved by the Township.

Construction Standards.

All streets shall be constructed, and all existing streets shall be reconstructed in accordance with the applicable Township regulations, the Part 6 Appendix,[2] and the following standards:

Street Classification	Subbase	Base Course	Paved Surface
Arterial and collector streets	8" 2A or 3A stone base	Superpave base course, PG 64-22, 0.0/0.3 ESALs, 4" of 25.0 mm Mix	Superpave wearing course, PG 64-22, 0.0/0.3 ESALs, 1.5" of 9.5 mm mix
Local streets	8" 2A or 3A stone base	Superpave base course, PG 64-22, 0.0/0.3 ESALs, 4" of 25.0 mm mix	Superpave wearing course, PG 64-22, 0.0/0.3 ESALs, 1.5" of 9.5 mm mix
Alley	8" 2A or 3A stone base	Superpave base course, PG 64-22, 0.0/0.3 ESALs, 4" of 25.0 mm mix	Superpave wearing course, PG 64-22, 0.0/0.3 ESALs, 1.5" of 9.5 mm mix

[2]

Editor's Note: The Part 6 Appendix is included as an attachment to this chapter.

All crushed aggregate base material shall be put in place by a powered spreader.

All inlet and manhole top elevation adjustments shall be manufacturers' precast risers or poured in place concrete. The use of bricks, popcorn blocks, rocks, etc. in any structure is prohibited.

Right-of-Way and Cartway Widths and Construction Standards.

The minimum street rights-of-way and cartway widths for new streets shall be in accordance with the applicable Township regulations, the Part 6 Appendix,[3] and the following standards:

Street Classification	Minimum Cartway Width	Minimum Right-of-Way Width
Arterial street (highway)	As determined after discussion with the Township, PennDOT, and the Lancaster County Planning Commission; however, the minimums shall be as follows:
Arterial street (highway)	40 feet	60 feet
Collector street	38 feet	50 feet
Local street with curb	33 feet	50 feet
*Local street with stabilized shoulder	28 feet with 3-foot paved shoulders	50 feet
Cul-de-sac bulb	80-foot diameter	100-foot diameter
Alley, no parking	12 feet	20 feet (easement)

NOTES:
*	On-street parking is restricted to one side of the street. The restricted parking area(s) shall be identified on the plan.

[3]

Editor's Note: The Part 6 Appendix is included as an attachment to this chapter.

Horizontal Alignment.

Horizontal street alignments shall be measured along the center line. Horizontal curves shall be used at all angle changes.

The center line of the street cartway shall correspond with the center line of the street right-of-way.

Plans with street locations along the perimeter of a property shall be required to show building setback lines and clear sight triangles within the adjacent properties. Written permission from the effected adjacent landowner shall be provided prior to preliminary plan approval.

There shall be a tangent of at least 100 feet between reverse curves for all local and collector streets.

Horizontal curve center-line radii shall be designed in coordination with vertical geometry, subject to the approval of the Township Engineer. The minimum acceptable center-line radii shall be 300 feet for arterial and collector streets and 150 feet for local residential streets.

Vertical Alignment.

Vertical curves shall be used in all changes of grade.

The minimum vertical grade for all streets shall be 1%, the maximum vertical grade shall be 10%.

Pavement base drain shall be provided for any portion of any street where the vertical grade is equal to or less than 2% and all streets where storm sewer is not proposed. Outlets for pavement base drain shall be acceptable to the Township.

The minimum length of vertical curve for all streets shall be 75 feet.

At street intersections, the through street shall be approached by side streets in accordance with the following standards: where the grade of the side street exceeds 4%, there shall be an area on the side street within which the grade shall not exceed 4% for a minimum distance of 100 feet (measured from the intersection of the center lines of the streets).

No side street shall intersect a through street when the through street exceeds 7% in grade.

Notwithstanding the above minimum length of vertical curve, the actual length of vertical curve shall be based on the formula L = KA; where "L" is the minimum length of curve in feet, "K" is the length of vertical curve per percent change in "A," and "A" is the algebraic difference in grade (in percent). Values for "K" shall be based on the following criteria:

Design Speed (miles per hour)	"K" Crest Vertical Curves (feet)	"K" Sag Vertical Curves (feet)
20	10	20
25	20	30
30	30	40
35	45	50
40	70	70
45	100	90
50	150	110
55	220	130

10.

Intersections.

Intersections involving the junction of more than two streets are prohibited.

Right-angle intersections shall be used.

All streets intersecting a state highway shall be subject to the approval of PennDOT.

A 100-foot clear sight triangle shall be provided and maintained at all intersections.

Clear sight triangles shall be indicated on all plans.

No building, structure, landscaping, or other obstruction that would obscure the vision of a motorist shall be permitted within the clear sight triangle.

The distance between the center line of streets intersecting with through streets shall be determined by the classification of the through street being intersected. The minimum separation distance shall be measured along the center line of the through street being intersected and shall conform to the following:

Through Street Classification	Minimum Intersection Separation Distance (feet)
Arterial	800
Collector	500
Local	200

The cartway edge at street intersections shall be rounded by a tangential arc with a minimum radius as follows:

Arterial streets: 55 feet.

Collector streets: 50 feet.

Local streets or alleys: 35 feet.

The right-of-way radii at intersections shall be substantially concentric with the edge of the cartway.

The developer shall provide information concerning the largest design vehicle using the intersection. If the largest design vehicle exceeds normal traffic of a residential development, the developer shall design the intersection to have a greater right-of-way radius than set forth above. The developer shall provide the Township with all necessary information to establish the optimum right-of-way radius for safety and to eliminate vehicles passing over curb and/or sidewalk to make a turn.

Proper safe stopping sight distance shall be provided with respect to both horizontal and vertical road alignments at all intersections.

The required and available safe stopping sight distance shall be included on the plans for all existing and proposed intersections.

Street intersections shall be located at a point that provides optimal sight distance in both directions.

Sight distance at street intersections shall provide the following minimum stopping distance for a vehicle traveling on an approaching street which has no stop or signal control:

Calculation of Safe Stopping Sight Distance.

For each intersection, the available sight distance in each direction shall equal or exceed the stopping sight distance computed from the following formula:

Where:
SSSD	=	Minimum safe stopping sight distance (feet)
V	=	Velocity of vehicle (miles per hour)
t	=	Perception time of driver (2.5 seconds)
f	=	Wet friction of pavement (0.30)
G	=	Percent grade of roadway divided by 100

If the 85th percentile speed varies by more than 10 miles per hour from the speed limit, the Township shall require the 85th percentile speed to be used to determine stopping distance.

A Minimum Safe Stopping Sight Distance table that specifies minimum safe stopping sight distance for selected speeds is provided in the Part 6 Appendix.[4] The sight distances in the table apply for roadway grades in whole numbers from +10% to –10% along with speeds from five miles per hour to 65 miles per hour in increments of five miles per hour. The designer may use this table in lieu of the above formula.

[4]

Editor's Note: The Part 6 Appendix is included as an attachment to this chapter.

Measurement of Sight Distance.

The correct measurement of available sight distance at each proposed street intersection shall be the responsibility of the applicant.

For the purpose of measuring available sight distance, the height of the driver's eyes shall be 3.5 feet above the road surface, and the height of the object shall be 3.5 feet above the road surface. The lateral placement of vehicles on the roadway and at the proposed access point shall be consistent with the operation of the access and roadway.

For each direction, the shortest of the following measurements shall be considered the available sight distance for that direction:

The maximum length of roadway along which a driver at the proposed street intersection can continuously see another vehicle approaching on the roadway. The driver's eyes at the proposed point of access shall be 10 feet back from the near edge of the closest travel lane in the center of the intersection land.

The maximum length of roadway along which a driver on the roadway can continuously see a vehicle which is located in his travel lane on the roadway in order to make a left turn into the proposed access or as a result of a left or right turn out of the proposed access.

The maximum length of roadway along which the driver of a vehicle intending to make a left turn into the proposed access can continuously see vehicles approaching from the other direction. This is measured from the point where the left-turning vehicle stops.

Inadequate Sight Distance Remedies. If it is impossible to achieve required safe stopping sight distance in both directions, the Township shall require that the applicant:

Prohibit left turns by entering or exiting vehicles;

Require alteration of the horizontal or vertical geometry of the roadway or access; all such work shall be at the expense of the applicant;

Require removal of physical obstruction from the line of sight, at the expense of the applicant; and/or

Require installation of a separate left-turn standby lane.

If the Township determines that the implementation of the above does not provide adequate sight distance, the Township shall deny access to the roadway.

11.

Curbing.

Curbs shall be required in the RR Rural Residential, SR Special Residential, VR Village Residential, VC Village Center and IC Industrial/Commercial Zoning Districts. Curbs shall be provided along all existing streets in subdivisions; along all proposed streets, access drives, and all interior landscaping and traffic control islands within parking compounds in land developments; and along all existing streets in and abutting both subdivisions and land developments. The developer shall submit the location and grade of all curbs to the Township for consideration.

Curbs shall be constructed and installed in accordance with the specifications in Part 6 Appendix[5] of this chapter or any other ordinance enacted by the Board of Supervisors setting requirements for the construction of roads, curbs and sidewalks or, in lieu of such standards, in accordance with the standards of PennDOT Publication 408.

[5]

Editor's Note: The Part 6 Appendix is included as an attachment to this chapter.

Standard vertical curb shall be provided along all state highways and along all Township streets that the Township has classified as an arterial or collector street, and where vertical curbs exist. Standard slant curb shall be provided along all other streets.

12.

Sidewalks.

Sidewalks shall be required in the RR Rural Residential, SR Special Residential, VR Village Residential, VC Village Center and IC Industrial/Commercial Zoning Districts as provided herein.

Sidewalks are required to provide access to and/or within a commercial, industrial or community facility.

Sidewalks that are provided as part of such nonresidential facilities shall be designed and constructed to service the projected pedestrian needs.

Sidewalks shall be designed barrier free in accordance with applicable federal and state standards, including but not limited to the Americans with Disabilities Act.

Sidewalks shall be installed on both sides of all streets in subdivisions and land developments as herein specified and in accordance with Part 6 Appendix.[6]

[6]

Editor's Note: The Part 6 Appendix is included as an attachment to this chapter.

Sidewalks shall be located within the street right-of-way line, and shall be a minimum of five feet in width.

A minimum six-foot-wide pedestrian easement shall be provided when the sidewalk is not located entirely within the street right-of-way.

A minimum two-foot-wide grass planting strip shall be provided between the back of curb and sidewalk.

All utility services and mains shall be extended to the building side of the sidewalk.

Sidewalks shall be constructed of Class A cement concrete four inches thick, containing steel mesh of six- by six- by fourteen-inch gauge, upon a properly prepared subgrade as follows:

Four inches of AASHTO #57 crushed stone shall be properly compacted using a mechanical tamper.

Upon the crushed stone, the sidewalks shall be constructed by pouring concrete in separate slabs a maximum of 30 feet in length.

The slabs shall be completely separated by one-fourth-inch expansion joint and scored every five feet.

Appropriate details shall be provided on the plans.

13.

Street Lighting.

Any subdivision or land development plan that proposes new streets within a Residential District or a Commercial District shall provide street lighting along all existing and proposed streets in accordance with the following:

Lighting shall be provided at a minimum average of 1/2 footcandle at an elevation of three feet above the surface.

All lighting shall be so arranged as to reflect the light downward and away from adjoining premises.

Poles for mounting lights shall not exceed 25 feet in height.

All lighting plans shall be delineated on the plan and shall include photometrics.

Appropriate footer and mounting details shall be included on the plans.

(6)

Light fixture and pole styles shall be approved by the Township.

14.

Cul-de-Sac and Dead-End Streets.

A permanent cul-de-sac shall only be permitted as a private street unless the cul-de-sac street meets all of the requirements of § 22-602, Subsection 14F. A private street agreement, prepared in the accordance with this Part and in a recordable form acceptable to the Township, shall be provided to the Township for all culs-de-sac.

A cul-de-sac shall not be permitted when a through street is feasible.

The feasibility of a through street will be based on the following:

Physical features of the tract proposed for development;

The potential for extension of the street to adjoining lands;

Restrictions imposed by other government regulations; and

The ability of the design to meet all other requirements of this chapter.

When cul-de-sac streets are proposed, the application shall be accompanied by a written analysis of the merits of the design and the reasons that a through street would not be feasible.

Increasing the number of lots which may be created is not a ground for the granting of a waiver to allow creation of a cul-de-sac street.

Where any adjacent stub street is not proposed for extension as a through street, the developer shall construct a cul-de-sac in compliance with Township standards.

Permanent cul-de-sac streets shall be designed as follows:

Minimum length: 250 feet;

Maximum length: 600 feet;

The length of the cul-de-sac street shall be measured from the center-line intersection of the intersecting street to the center of the cul-de-sac turnaround;

Permanent cul-de-sac streets shall be provided with a paved turnaround with a minimum diameter of 80 feet to the face of curb or edge of paving and of 100 feet to the street right-of-way;

Unless future extension is clearly impractical or undesirable, the turnaround right-of-way shall be placed adjacent to the tract boundary with sufficient additional width provided along the boundary line to permit extension of the street at full width; and

(6)

Drainage of cul-de-sac streets shall preferably be toward the open end. If drainage is toward the closed end, water shall be conveyed away in an underground storm sewer or by other means approved by the Township. The minimum grade on culs-de-sac shall be designed to ensure a minimum of 1% along the curb line to the designed low points. The maximum grade on culs-de-sac shall not exceed 4%.

Temporary cul-de-sac streets shall be designed as follows:

Minimum length: 250 feet;

Maximum length: 800 feet in length;

Temporary culs-de-sac shall be designed to the same cartway width and drainage criteria as required for permanent culs-de-sac; and

Temporary easements shall be provided for the affected adjoining properties until such time that the street is extended.

The Board of Supervisors, in its sole discretion, may accept dedication of a cul-de-sac street. If an applicant desires to request that the Board of Supervisors accept dedication of a cul-de-sac street, the cul-de-sac street shall meet all of the following requirements:

The applicant shall demonstrate that a cul-de-sac street is necessary and meets the criteria in § 22-602, Subsection 14B.

The cul-de-sac street shall meet all design requirements of § 22-602, Subsection 14D.

The applicant shall present a traffic study meeting PennDOT requirements to support the imposition of a parking prohibition on the cul-de-sac bulb; shall post signs for the parking prohibition in accordance with PennDOT regulations before the first dwelling unit on a lot abutting the cul-de-sac bulb is granted a certificate of occupancy; and shall reimburse the Township for all costs associated in enacting an ordinance.

The applicant shall provide a winter weather maintenance easement for the depositing of snow and ice at a location acceptable to the Township.

The applicant shall install at least three off-street parking spaces on each lot abutting the cul-de-sac bulb meeting all requirements for off-street parking spaces.

Dead-End Streets Are Prohibited.

The Township may waive the requirements of providing a turnaround for streets which are planned for future extension into adjoining tracts subject to the following requirements:

The street will be no longer than the depth of one lot.

The street will not be the primary means of access to any lot or dwelling unit.

Any street temporarily dead-ended in order to provide for future continuation of the street into adjoining property or for authorized stage development shall be fully constructed and all utilities installed.

A barricade to prevent vehicular access to adjoining property shall be constructed at the termination point of the street. The barricade shall be designed and constructed in accordance with PennDOT Publication 72, Standards for Roadway Construction, RC-63.

The applicant requesting such a waiver shall have the responsibility to present evidence that the future extension of the street will occur within a reasonable time period and that the temporary dead-end street will not result in trespassing onto adjoining properties to turn around.

15.

Alleys.

Alleys shall have the following characteristics:

A property that utilizes an alley shall maintain frontage along a public or private street.

No part of any structure shall be located within eight feet of the edge of the cartway of an alley.

The cartway of all alleys shall be constructed in accordance with the specifications of this chapter.

The vertical and horizontal alignments of alleys shall be in accordance with the local street specifications of this chapter.

Alleys and their intersections shall in accordance with the local street specifications of this chapter.

(6)

Alleys which form a cul-de-sac shall be designed as follows:

The alley shall not exceed 400 feet in length, measured from the center-line intersection of a street that is not a cul-de-sac; and

Alley culs-de-sac which do not terminate in a parking compound shall be provided at the terminus with a fully paved turnaround designed in accordance with one of the following methods:

The turnaround for residential purposes shall be an eighty-foot paved diameter.

The turnaround for commercial and industrial uses shall be a cul-de-sac designed to accommodate a WB-50 truck-turning movements.

(7)

The Township shall not accept any alleys.

(8)

Applicants proposing alleys within a development may request that the Township reduce the width requirements of the local streets proposed within the development. The request shall be in the form of a modification request and shall be accompanied by adequate justification.

Applications that propose an alley shall include an agreement, in a form acceptable to the Township, which shall be recorded with the Recorder of Deeds as part of the final plan. This agreement shall establish the conditions under which the alley will be constructed and maintained and shall stipulate:

That the alley shall be constructed and maintained to conform to the provisions of this chapter; and

The method of assessing maintenance and repair costs.

The applicant shall provide for private maintenance through the formation of a homeowners' association or through the setting forth of the maintenance responsibilities in easements and in the deeds to the lots which have the right to use the alley. If a homeowners' association is formed, a document setting forth the maintenance responsibilities of such association and the right of such association to assess lots within the development shall be recorded at the same time as the final plan is recorded. All such documents shall be in a form acceptable to the Township Solicitor; and

All persons who shall purchase a lot abutting or having the right to use an alley shall be given a copy of the final plan, and, if a homeowners' association has been formed, shall be given a copy of all such documents relating to the maintenance responsibilities of such homeowners' association.

The final plan, for recordation with the Recorder of Deeds, shall include a plan note which identifies the following:

The specific alleys;

The recorded maintenance agreement; and

Notification that the alleys do not qualify for dedication to the Township and that the Township will not assume any responsibility for their maintenance.

§ 22-603 Access Drives.

[Ord. No. 146, 3/4/2021]

General Standards.

The cartway of all access drives shall be constructed in accordance with the collector street specifications of this chapter.

Access drives do not require a specific right-of-way; however, the following standards for cartway width shall apply:

Number of Lanes	Cartway Width (feet)
3	36
2	24
1	12

Parallel parking may be permitted along one side of access drives, provided the required width is increased by eight feet.

The same vertical and horizontal alignment standards shall be required for access drives that are required for local streets in this chapter.

The same intersection standards shall be required for access drives that are required for local streets in this chapter.

Access drives shall be located a minimum of 15 feet from side or rear property lines.

Access drives shall be provided with an unobstructed green area (setback) that is parallel to and along the entire length of the access drive.

The width of the green area shall be measured from the face of curb and be a minimum of 15 feet in width.

The green area may be utilized for stormwater management facilities, utilities, lighting, landscaping and other compatible uses. In no case shall any building or any structure other than those permitted by this subsection be located within the required green area.

Access drives which terminate in a cul-de-sac shall not exceed 1,600 feet in length, measured from the center-line intersection of a street or access drive which is not a cul-de-sac to the center of the turnaround area. All culs-de-sac and dead ends shall be constructed in accordance with § 22-602, Subsection 14.

Access Drive Lighting. Any subdivision or land development plan that proposes an access drive within a Residential District or a Commercial District shall provide access drive (street) lighting in accordance with § 22-602, Subsection 13.

Emergency Access Requirements.

All subdivisions or land developments containing 50 or more dwelling units, or nonresidential buildings or buildings containing 25,000 or greater square feet of gross floor area, shall be provided with at least two separate and distinct means of access to the subdivision or land development.

Access may be provided through the location of two or more public or private streets, each of which intersects with an existing public street. Such public or private streets shall meet all the requirements of this chapter concerning design and construction.

Access for a land development may be provided through two or more driveways into the land development. Such driveways shall be separated by a distance of at least 150 feet and shall comply with all requirements of this chapter.

If the applicant is unable to provide access to the subdivision or land development through two or more public or private streets, each of which intersect with an existing public street or two or more access drives which intersect with one or more existing public streets, an emergency access shall be provided.

The emergency access shall be improved so that emergency vehicles may safely transverse it and shall be indicated on the plans.

The emergency access shall be acceptable to the providers of emergency services within the Township. Applicants proposing to provide emergency access shall submit evidence of such approval.

The emergency access may be located so that access to the subdivision or land development is gained from a public street at a location unsuitable for regular access with an existing public street.

The emergency access may be located so that access is gained from an adjacent tract. For example, a subdivision or land development adjoining a parking lot of another use may provide emergency access through a point with a break chain. Applicants with plans indicating emergency access through an adjoining private tract shall provide evidence that the adjoining property owner has consented to such emergency access location.

§ 22-604 Driveways.

[Ord. No. 146, 3/4/2021]

Driveways shall be provided in accordance with Chapter 21, Streets and Sidewalks, Part 2, Private Driveways, and Chapter 27, Zoning.

Along all arterial or collector streets, all driveways shall include an off-street turnaround area. Vehicles shall not exit driveways by backing onto any arterial or collector street. All driveways along local streets shall be provided with a turnaround area unless the applicant can demonstrate to the satisfaction of the Township that vehicles can safely back on to the street.

Driveway locations shall be delineated on all plans.

§ 22-605 Vehicular Parking Facilities.

[Ord. No. 146, 3/4/2021]

Parking Areas. Off-street vehicular parking facilities shall be provided in accordance with Chapter 27, Zoning.

Parking compound dimensions shall be no less than those listed in Part 6 Appendix.[1]

Editor's Note: The Part 6 Appendix is included as an attachment to this chapter.

Landscaping and screening shall be provided in accordance with Chapter 27, Zoning.

No portion of a parking compound will be permitted within 10 feet of side or rear property lines or street rights-of-way.

Not less than five-foot radius of curvature shall be permitted for horizontal curves in parking areas.

All dead-end parking lots shall be designed to provide sufficient backup area for all end stalls.

Painted lines, arrows and dividers shall be provided and maintained to control parking when necessary to direct vehicular circulation.

Parking areas, main entrances and exits, pedestrian areas and service areas which are open to the public shall be lighted to the following standards:

Lighting shall be provided at a minimum average of two footcandles and a maximum average of four footcandles at an elevation of three feet above the surface.

All lighting shall be so arranged as to reflect the light downward and away from adjoining premises and public rights-of-way.

Poles for mounting lights shall not exceed 25 feet in height.

All lighting plans shall be delineated on the plan and shall include photometrics.

Appropriate footer and mounting details shall be included on the plans.

All parking compounds and access drives shall be paved to meet the following minimum standards:

Superpave Base Course, PG 64-22, 0.0/0.3 ESALs, four inches of 25.0 mm mix or 19.0 mm mix.

The bituminous surface shall consist of a Superpave Wearing Course, PG 64-22, 0.0/0.3 ESALs, 1.5 inches of 9.5 mm Mix. Material shall be equal or superior to PennDOT Specifications, Publication 408, and shall be applied in accordance with those same specifications.

Truck areas shall require a heavier pavement section. The applicant shall present information concerning the size and weight of trucks which shall use the area and the increased paving standard proposed together with information demonstrating that the paving meets industry standards for the size and weight of the trucks.

§ 22-606 Blocks.

[Ord. No. 146, 3/4/2021]

The configuration of blocks and lots shall be based upon the lot area requirements, the salient natural features, the existing man-made features, and the proposed type of structure.

Lot configurations should provide for flexibility in building locations while providing safe vehicular and pedestrian circulation.

Lots with areas that are two or more times the minimum requirements shall, wherever feasible, be designed with configurations that allow for additional subdivision.

Block length in a residential subdivision shall not exceed 1,500 feet.

Blocks in nonresidential areas may vary from the above requirement for residential blocks when required by the nature of the use. Adequate provisions shall be made for off-street parking, loading areas and traffic circulation.

§ 22-607 Lot and Parcel Configuration.

[Ord. No. 146, 3/4/2021]

General Design Standards.

Lot and parcel size configuration, and/or intensity shall conform to the requirements of Chapter 27, Zoning.

Whenever practical, side lot lines shall be radial to street lines.

In order to avoid jurisdictional problems, lot lines shall, wherever feasible, follow municipal boundaries rather than cross them. Where a lot is divided by a municipal boundary, the minimum standards of both municipalities shall apply.

All lots shall front on an approved public or private street and maintain a minimum lot width as required by Chapter 27, Zoning, at the building setback line and street right-of-way.

Double-Frontage Lots Are Prohibited. An applicant seeking a waiver of this prohibition shall at demonstrate to the satisfaction of the Township that there is no reasonable alternative to a double-frontage lot. Maximizing the number of lots which may be created does not constitute grounds for the granting of a waiver from the prohibition of double-frontage lots. If the Board of Supervisors grants a waiver from the prohibition of double-frontage lots, the lots shall be reverse-frontage lots, which shall meet all of the following criteria:

Reverse-frontage lots are only permitted when a reduction of driveway intersections along a street with a high volume of vehicular movements is desired.

All reverse-frontage lots shall include an identification of the frontage for use as a road access.

All reverse-frontage lots shall have a rear yard in accordance with Chapter 27, Zoning, measured at the shortest distance from the proposed dwelling unit to the street right-of-way.

Reverse-frontage lots shall, within each rear yard and immediately adjacent to the street right-of-way, have a planted buffer at least 10 feet in width, across which there shall be no vehicular access.

Buffer areas shall include a suitable and uninterrupted evergreen planting of a minimum height of 36 inches designed to reach sufficient height and density to give maximum screening.

Such screening shall be permanently maintained and replaced where necessary to present an attractive appearance.

All remnants of land (areas remaining after subdivision) shall conform to the lot area and configuration requirements.

Metallic markers shall be set at all points where existing or proposed lot lines intersect with any street right-of-way line, curves, other property lines and any other right-of-way or easement.

Metallic markers shall consist of solid steel bars at least 30 inches along and not less than 1/2 inch in diameter. Alternative monumentation methods will be at the discretion of the Township Engineer.

All existing and proposed markers shall be delineated on the final plan.

All markers shall be placed by a registered engineer or surveyor so that the scored or marked point shall coincide exactly with the point of intersection of the lines being marked.

Flag Lots.

Flag lots shall be permitted within the ES Ecologically Sensitive District, A-1 Agricultural District, A-2 Agricultural District, and the OS Woodland District, subject to the following:

Within the ES Ecologically Sensitive District, flag lots may be used in an effort to locate development in an area that promotes the purpose of the ES Ecologically Sensitive District to protect the wooded hillsides of northern West Cocalico Township within the headwaters of the Cocalico Creek watershed. Existing soil and topographic characteristics severely limit development potential in this area, and the district has been established to prevent unnecessary destruction of the Township's woodland concentrations and related environmental degradation. More than 80% of approximately 5,000 acres of this district contain soils which are classified by the Soil Survey of Lancaster County Pennsylvania as having severe limitations for building site development, sanitary sewage facilities, and shallow excavations due to wetness, slope, or flooding. This soil survey categorizes severe limitations as conditions which are unfavorable and difficult to overcome without special design considerations, significant increases in construction costs, increased maintenance, and/or special feasibility studies. The soil survey also classifies these same soils as having moderately high, high, or very high capabilities for the productivity of important trees.

Within the A-1 Agricultural District and the A-2 Agricultural District, flag lots may be used in an effort to locate development in an area that promotes the purpose of the A-1 Agricultural District and the A-2 Agricultural District to promote the continuation and preservation of agricultural activities within the area of West Cocalico Township having the most productive agricultural soils. These districts intend to protect and stabilize the Township's viable agricultural economy by eliminating land uses not compatible with agriculture and allowing for on-farm occupations to provide supplemental income to the Township's farmers in residence. Residential uses are limited and any future inhabitants in these districts may be subject to some common characteristics of agriculture which are sometimes regarded as objectionable, including but not limited to odor, dust, night, holiday, early morning and weekend operations, noise, heavy vehicle use of roads, the storage and disposal of manure, the application of fertilizers, herbicides, etc. Residents, owners, and users of property in these districts should accept these factors as normal and unavoidable characteristics of an agricultural area and are hereby put on official notice that Section 4 of the Pennsylvania Act 133 of 1982,[1] referred to as "The Right to Farm Law," may bar them from obtaining a legal judgment against such normal agricultural operations.

Editor's Note: See 3 P.S. § 954.

Within the OS Woodland District, flag lots may be used in an effort to locate development in an area that promotes the purpose of the OS Woodland District to preserve and protect open areas, essential watersheds, and woodlands from intensive development and limits land uses to those which do not degrade the environmental quality of lands within the District. This District is characterized by sparse residential land uses and contains provisions which seek to provide additional protection of rural residences from the impacts of other nonresidential uses.

Flag lot shall conform to the requirements of Chapter 27, Zoning.

For the purposes of this section, a flag lot shall be described as containing two parts:

The "flag" shall include that portion of the lot that is the location of the principal and accessory buildings.

The "pole" shall be considered that portion of the site that is used for vehicular access between the site and its adjoining road.

There shall be a maximum of two adjoining flag lots.

Requirements for the flag:

The minimum lot area and lot width requirements of Chapter 27, Zoning, shall be measured exclusively upon the flag.

For purposes of determining required yards and setbacks, the following shall apply:

FRONT YARD — The area between the principal structure and that lot line of the flag which is most parallel to the street providing vehicular access to the site. Additionally, all areas of the pole shall be considered to the within the front yard.

REAR YARD — The area between the principal structure and that lot line of the flag that is directly opposite the front yard, as described above.

SIDE YARD — The area between the principal structure and that one outermost lot line which forms the flag and pole, plus the area on the opposite side of the principal structure. (See the Flag Lot Diagram for a graphic depiction of the yard locations.)

The flag lot shall contain adequate driveway dimension for vehicular backup so that ingress to, and egress from the lot is in the forward direction.

Requirements for the pole:

The pole shall maintain a minimum width of 25 feet.

The pole shall not exceed 600 feet in length, unless additional length is needed to:

Avoid the disturbance of productive farmlands or some other significant natural or cultural feature; or

Avoid disruption of efficient agricultural operations.

No part of the pole shall be used for any portion of an on-lot sewage disposal system, nor any other improvement except a driveway and other permitted improvements, such as landscaping, fencing, utility connections to off-site facilities, mailboxes, and signs.

The cartway contained on the pole shall be located at least six feet from any adjoining property line, and 20 feet from any existing structures on the site or any adjoining property.

(e)

No pole shall be located within 500 feet of another on the same side of the street, unless an adjoining pole utilizes a joint-use driveway, regulated as follows.

Joint-Use Driveways.

When one or more flag lots are proposed, such lots may rely upon a joint-use driveway for vehicular access.

A joint-use driveway must serve at least one flag lot, but may also serve conventional lots, up to a maximum of four total lots.

All joint-use driveways shall have a minimum cartway width of 16 feet.

A cross-access agreement, in a recordable form acceptable to the Township, that ensures common use of, access to, and maintenance of, the joint-use driveway, is recorded.

Specific Building Setback Requirements.

On any lot abutting a railroad or railroad right-of-way, no dwelling shall be placed within 25 feet of any portion of the railroad right-of-way.

On any lot abutting or traversed by a high voltage transmission line, no dwelling shall be placed within 25 feet of any portion of the right-of-way.

§ 22-608 Easements.

[Ord. No. 146, 3/4/2021]

General Standards: Sewer, Water, Electric, Cable, Telephone, Gas and Others. Easements for sanitary sewer facilities, stormwater drainage facilities, public utilities, or pedestrian access shall meet the following standards:

To the fullest extent possible, easements shall be adjacent to property lines.

Nothing shall be placed, planted, set, or put within the area of an easement that would adversely affect the function of the easement or conflict with the easement agreement.

This requirement shall be noted on the final plan.

This requirement shall be included in all deeds for lots that contain an easement.

Pedestrian easements shall have a minimum width of six feet.

Utility easements shall have a minimum width of 30 feet, and all utility companies are encouraged to use common easements.

Stormwater Easements.

Stormwater easements shall be provided in accordance with Chapter 23, Stormwater Management.

Where a subdivision or land development is adjacent to or traversed by a water course, drainageway, channel, or stream, there shall be provided a drainage easement conforming substantially with the line of such water course, drainageway, channel, or stream of such width as will be adequate to preserve the unimpeded flow from a 100-year design rainfall.

Petroleum, Electrical, and Communication Transmission Lines.

Where any petroleum product, electrical, or communication transmission line traverses a subdivision or land development, the applicant shall confer with the applicable transmission or distribution company to determine the minimum distance which shall be required between each structure and the center line of such petroleum or petroleum product transmission line.

The Township will require, with the final plan application, a letter from the owner of the transmission line stating any conditions on the use of the tract which shall contain the above.

Multifamily Units.

When a subdivision or land development proposes multifamily attached dwellings, such as townhouses, the plans shall include access easements to allow all lots owners access to front and rear yards as for maintenance and nonlicensed vehicles as follows:

Along the front and rear property lines of all units;

The side property lines of the end units;

The access easement shall have a minimum width of six feet; and

This requirement shall be noted on the final plan and shall be included in all deeds for lots that contain the easement.

§ 22-609 Landscaping and Miscellaneous Site Requirements.

[Ord. No. 146, 3/4/2021]

Commercial and Industrial Landscaping.

A completely planted visual barrier or vegetative screen, designed to reach a density sufficient to visually screen the use from ground level to a point at least six feet high within five years, shall be provided between any commercial or industrial use and any contiguous properties which are residentially zoned or which are used for residential purposes.

The width of the area containing the vegetative screen shall be a minimum of 20 feet.

This vegetative screen shall be comprised of plants and trees arranged to form both a low-level and a high-level screen in accordance with the landscaping requirements of Chapter 27, Zoning.

The Board may waive the screening requirements where, in the sole opinion of the Township, the applicant has demonstrated that an adequate natural or man-made physical barrier exists that would provide similar or better results.

Any portion of the commercial or industrial tract which is not used for buildings, structures, parking, etc. shall be planted or landscaped in accordance with an overall plan prepared in accordance with the requirements of this chapter and Chapter 27, Zoning.

Residential Landscaping.

A landscape barrier designed in accordance with the requirements of § 22-609, Subsection 1A, shall be provided between residential projects that propose a net density that is 25% or more than the net density of existing adjoining residential uses.

Any portion of any residential tract which is not used for buildings, structures, parking, etc. shall be planted or landscaped in accordance with an overall plan prepared in accordance with the requirements of this chapter and Chapter 27, Zoning.

Fencing. The Township may permit the use of fencing, in lieu of screen plantings under the following conditions:

The fencing material shall be approved by the Township.

The fencing shall be installed along the tract boundary within a ten-foot easement located on the developed property and shall be permanently maintained by the property owner.

Notation indicating maintenance responsibilities shall be placed on the final plan and included in all deeds for lots that contain the easement.

Existing Wooded Areas. Existing wooded areas shall be protected as follows:

At least 50% of the number of trees within any wooded area that exist at the time of plan submission shall be maintained or replaced immediately following construction.

Replacement trees shall be:

A species that is native to the area.

A minimum trunk caliper of two inches at a height of six inches above finished grade.

Located within unbuildable sections of the site (i.e., steeper-sloped and setback areas).

Street Trees. Street trees shall be required by the Township with the following standards:

The trees shall be nursery grown in a climate similar to that of the locality of the project. Varieties of trees shall be subject to the approval of the Township.

All trees shall have a normal habit of growth and shall be sound, healthy and vigorous; they shall be free from disease, insects, insect eggs, and larvae.

The caliper of the trunk, measured at a height of six inches above finished grade, shall be a minimum of two inches.

Trees shall be planted between the street right-of-way line and the building setback line except where the Township has authorized placement of trees within the street right-of-way. The tree growth shall not interfere with the street cartway, sidewalk or utility line.

All planting shall be performed in conformance with good nursery and landscape practice including proper guying and staking.

Requirements for the measurements, branching, grading, quality, balling, and burlapping of trees shall follow the code of standards recommended by the American Association of Nurserymen, Inc., in the American Standard for Nursery Stock, ANSI Z60.1-1973, as amended.

For residential land developments, one street tree shall be provided for each building containing two or less dwelling units and two trees for buildings containing three of more dwelling units.

A minimum of one street tree shall be provided for each residential lot, and spaced not less than 40 feet nor more than 60 feet apart along the entire length of each existing or proposed street. In commercial and industrial zoning districts, street trees shall be provided with each land development plan and spaced not less than 40 feet nor more than 60 feet apart along each street frontage.

Street trees shall be selected from the following species:

Acer rubrum cultivars	Red maple
Aesculus x carnea	Red horsechestnut
Cladrastis lutea	American yellowwood
Ginkgo biloba (males only)	Ginkgo
Gleditsia triacanthos inermis cultivars	Thornless honey locust
Liquidambar styraciflua	Sweetgum
Nyssa sylvatica	Black tupelo
Quercus acutissima	Sawtooth oak
Quercus phellos	Willow oak
Quercus rubra	Red oak
Sophora japonica	Japanese pagoda tree
Tilia cordata	Littleleaf linden
Tilia x euchlora	Crimean linden
Tilia tomentosa	Silver linden
Zelkova serrata cultivar	Japanese zelkova

Refuse Collection Stations (Dumpsters).

Refuse collection stations shall be located within a side or rear yard and screened in accordance with the requirements of Chapter 27, Zoning.

Outdoor refuse collection stations shall be provided for garbage and trash removal when individual collection is not made and indoor storage is not provided.

Refuse collection stations shall be located so as to be separated adequately from habitable buildings to avoid being offensive, but at the same time be convenient for both collectors and residents and shall be screened and landscaped adequately.

Refuse collection stations shall be so constructed as to prevent the escape of refuse by wind, water or other natural elements and prevent animals, rodents, etc. from entering.

§ 22-610 Stormwater Management and Floodplain Controls.

[Ord. No. 146, 3/4/2021]

All stormwater management, collection, conveyance, erosion control, and floodplain considerations shall be accomplished in accordance with Chapter 23, Stormwater Management, and Chapter 27, Zoning.

§ 22-611 Public Dedication of Park and Recreation Land.

[Ord. No. 146, 3/4/2021]

In accordance with the recommendations of the parks and recreation provisions of the 1993 Cocalico Recreation, Parks, and Open Space Plan, the 1995 West Cocalico Township Strategic Comprehensive Plan, the 2003 Cocalico Region Strategic Comprehensive Plan and the January 26, 2004 Standards for the Mandatory Dedication of Park Lands report, all residential subdivisions and residential land developments shall be provided with park and recreation land that shall be dedicated to the Township.

The developer may request that the Township not require the dedication of land, and any such request shall be accompanied by:

An offer to pay a fee in lieu of dedication of the land, computed in accordance with the regulations provided herein;

An offer to construct recreational facilities; and/or

An offer to privately reserve land for park or recreation purposes.

The land reserved for park, recreation and open space usage shall be a lot or lots, the location of which shall be mutually agreeable to the Township and the developer, shall comply with the requirements of this chapter and Chapter 27, Zoning, and shall be accessible to the public.

No more than 15% of the lot shall consist of floodplain, wetlands, slopes in excess of 7% or other features that shall render the lot undevelopable.

In the event that the tract contains natural features which are worthy of preservation, the developer may request that the Board permit the provision of recreational land configured in such a manner as to best preserve natural features.

No stormwater management facilities designed to retain or detain water from other portions of the development shall be permitted on such land reserved for park, recreation and open space usage.

The land proposed for dedication shall not contain any underground storage tanks, areas from which underground storage tanks were removed, hazardous waste (as defined by state or federal regulations), or sinkholes.

All lands proposed for reservation or dedication as park, recreation or open space use shall be reviewed by the West Cocalico Parks and Recreation Board, which shall provide recommendations to the Board of Supervisors on the suitability of the proposed park, recreation or open space lands.

The park, recreation and open space land shall be accessible to utilities such as sewer, water and power that are provided within the subdivision. The developer shall extend such utilities to the park, recreation and open space land.

If the adjoining property has previously been developed and recreational land has been provided at the boundary of that previously developed property, the Board shall require that the recreational land required of the development shall be located adjoining the previously provided recreational land.

For any residential subdivision that proposes to create five or more residential lots or any residential land development plan that proposes to create five or more dwelling units, either initially or cumulatively from the effective date of this chapter, a minimum of 0.060 acre of land shall be reserved as park or recreational land for each residential lot created in a subdivision or each dwelling unit created in a residential land development. Notwithstanding the foregoing, in all cases, the minimum area of land reserved as park and recreation land shall be equal to the minimum lot size in the district in which the subdivision or land development is located.

For the purposes of this subsection, the total number of residential lots or residential dwelling units created and the requirement to reserve park or recreational land shall be based upon the parent tract, regardless of ownership, as it existed on the effective date of this chapter.

The developer may request that the Board of Supervisors permit the provision of park and recreation land other than through public dedication of land as set forth above. The developer shall set forth, in writing, the means by which he will fulfill this requirement, which may include the payment of a fee in lieu of dedication of all or a portion of the amount of land required to be dedicated, construction of recreational facilities, the private reservation of land, or any combination of dedication, fees, construction of recreational facilities, or private reservation.

If a fee in lieu of dedication is proposed by the developer, said fee shall be the fair market value of the land required to be dedicated under Subsection 4 above. The developer shall provide the Board of supervisors with all information necessary to determine that fair market value of the land, including but not limited to an unredacted copy of the agreement of sale if the developer is an equitable owner and has purchased the land within the past two years, or an appraisal of the property conducted by a licensed appraiser acceptable to the Township. Fair market value shall be computed by dividing the total price for the tract by the number of acres within the tract and then multiplying that number by the amount of land required to be dedicated.

Payment of all such fees shall be a condition of final plan approval, and no plans shall be signed by the Board until such fees are paid.

All fees shall be held and used by the Township in accordance with the requirements of MPC Article V.[1]

Editor's Note: See 53 P.S. § 10501 et seq.

If the developer proposes to construct recreational facilities, the developer shall present a sketch plan of such facilities and an estimate of the cost of construction.

If the developer proposes the private reservation of land, the developer shall provide for the maintenance of such land through either the inclusion of such land as common elements of a condominium or the creation of a homeowners' association which shall meet the requirements for a unit owners' association contained in the Pennsylvania Uniform Condominium Act, 68 Pa.C.S.A. § 3101 et seq.

Such documentation shall be recorded, shall provide that the land cannot be further developed and shall give the Township the rights to maintain the land as set forth in MPC Article VII[2] dealing with the maintenance of common open space in planned residential developments.

[2]

Editor's Note: See 53 P.S. § 10701 et seq.