The design standards and requirements set forth in this article
shall be observed as minimums by the subdivider or developer in the
design of each subdivision, land development or portion thereof within
Barrett Township and will be applied in evaluating plans for all proposed
subdivisions and land developments. The Supervisors recognize that
design standards and requirements set forth in each section of this
article may be modified and a request for a variance from the standards
or requirements of any section will be considered on an individual
basis. The applicant must justify the request for a variance and demonstrate
that the proposed design is equal or superior to that set forth in
the section and substantially in conformance with the intent thereof.
In granting a request for a variance the Supervisors may impose such
requirements and conditions as they deem fit and proper.
A.
Where either or both an Official Map or Development Plan has been
adopted, a subdivision or land development shall conform to the proposals
and conditions shown thereon. The streets, drainage rights-of-way,
school sites, public parks and playgrounds shown on an officially
adopted Development Plan or Official Map shall be considered in approval
of plans.
B.
The sequence of development shall permit the logical extension of
public improvements simultaneously with the lots they serve in order
to provide adequate traffic circulation, fire protection, utilities
and general Township services.
C.
All portions of a tract being subdivided shall be taken up in lots,
streets, public lands, easements, buffer strips, or proposed uses
so that remnants and landlocked areas shall not be created.
D.
Reserve strips controlling access to lots, public rights-of-way,
public lands or adjacent private lands are prohibited.
E.
Wherever possible, lot lines shall follow municipal and county boundary
lines rather than cross them.
F.
The subdivider or developer shall minimize or preserve, to the greatest
extend possible, natural groundwater recharge areas, springs, streams,
lakes, ponds, agriculturally suited soils, woodlands, prime wildlife
habitats and steep slopes with grades of 25% or greater.
(1)
Floodplains of the 100-year recurrence interval flood shall not be altered, regarded, filled or built upon except in conformance with Chapter 265, Floodplain Management, of this Code ,as amended from time to time, and approval of the Department of Environmental Protection, if applicable.
(2)
Streams, springs, watercourses, wetlands, lakes or ponds shall not
be altered, regarded, developed, filled, piped, diverted or build
upon without obtaining design approval and permits from agencies having
jurisdiction thereof.
(3)
All subdivisions and land developments shall control accelerated
erosion and sedimentation in accordance with 25 Pa. Code Chapter 102,
erosion control regulations of the Department of Environmental Protection.
A plan of control found adequate by the Monroe County Conservation
District shall be submitted when applicable.
(4)
Any proposed land use which may directly or indirectly be means of
effluent discharge into the ground or indirectly through leaching
of stored material result in the pollution of the groundwater shall
be prohibited.
(5)
The disturbance or removal of vegetation occupying environmentally
sensitive areas shall be only as necessary and shall minimize the
adverse environmental impact.
(6)
Any site disturbance on slopes with a grade between 15% and 25% shall
be minimized and site disturbance on slopes with a grade of 25% or
greater shall be avoided if possible.
(7)
All areas where rare, threatened or endangered species exist and
rare, threatened or endangered plant communities are present shall
be left as permanent open space if possible.
(8)
Any historic or archaeological resources located within a project
area shall be preserved by a plan acceptable to the Historical and
Museum Commission.
G.
Land suitability. Land shall be suited to the purpose for which it
is to be developed. Land subject to hazards against life, health,
or property shall not be developed unless adequate safeguards are
provided and approved by the Supervisors.
(1)
Residential subdivision or development. Each lot or area plotted
for residential use shall provide, inside of the required yards, an
area for each dwelling unit. Such area shall be accessible from the
existing or proposed street by means of a driveway or private access.
Any access on slopes exceeding 25% shall not have an average grade
exceeding 15%. Grades between 15% and 18% for a length not exceeding
100 feet will be permitted if connected at both ends by grades not
exceeding 12% for a minimum length of 100 feet. Vertical curves shall
connect all changes in grade. The access drives shall be designed
to manage stormwater runoff and all slopes of cut and fill areas shall
be stabilized to prevent soil erosion and sedimentation. In the case
of lots utilizing an on-site sewage disposal system, there shall be
sufficient area for a primary and a replacement sewage disposal field,
which meets current Department of Environmental Protection regulations.
(2)
Industrial/commercial subdivision or development. Each lot or area plotted for industrial and/or commercial use shall provide, inside of the required yards, an area at least equal to the projected horizontal area of the proposed buildings, plus such additional area as is required for parking in conformance with Chapter 525, Zoning. Such area shall be accessible from the existing or proposed street by means of adequately and properly designed service drives having a maximum grade of 12%. In the case of lots utilizing an on-site sewage disposal system, there shall be an area sufficient for the installation of a primary and a replacement sewage disposal field, which meets current Department of Environmental Protection regulations.
(3)
Flooding. Where any area within the proposed subdivision or land development is subject to flooding, such area shall be clearly marked SUBJECT TO PERIODIC FLOODING on the plan and shall not be plotted in streets or lots, except as provided for by § 450-49 of this chapter and/or Chapter 525, Zoning, of the Code of the Township of Barrett. Land which will be inundated once in 100 years shall be marked on the lot plan and shall be developed to comply with Chapter 265, Floodplain Management. In any event, easements must be reserved from the normal flow line to the annual high water flow line of any watercourse or lake.
H.
Required easements. (See Figures 7-1 through 7-4.)[1] Easements shall be provided for all stormwater
facilities, drainage ditches, sewer lines, water lines, utility lines,
watercourses, wetland areas and roadway slopes outside of the road
right-of-way. Minimum easements are as follows:
(1)
Slope and drainage easements having a minimum width of 10 feet shall
be provided adjacent to all street rights-of-way. Additional widths
may be required, based on the design, to encompass all proposed improvements.
(2)
Drainage easements having a minimum total width of 10 feet shall
be provided along all side and rear lot lines. Additional widths may
be required, based on the design, to encompass all proposed improvements.
(3)
Drainage easements shall be provided along all watercourses. Such
easements shall substantially conform to the lines of the watercourses
and shall be of such widths as will adequately preserve the unimpeded
flow of natural drainage. In no case shall the easement be less than
50 feet on either side of the normal flow line, for a minimum width
of 100 feet.
(4)
Easements shall be provided along all wetland areas. Such easements
shall substantially conform to the lines of the wetland areas and
shall be of such widths as will help safeguard the wetlands. In no
case shall the easement be less than 50 feet in width adjacent to
the wetlands and no development shall be permitted within the easement.
[1]
Editor's Note: Figures 7-1 through 7-14 are included as an attachment to this chapter.
I.
The Township or its agents shall have the right to enforce the restrictive
covenants relative to water supply and sewage disposal in the event
the developer, the lot owners or lot owners' association fail or are
unable to enforce them. They shall further have free access to all
subdivisions and lots at all times for the purpose of inspection and
enforcement.
A.
General.
(1)
Proposed streets shall conform in all respects to the Official Map
and general Development Plan of the Township as such may apply.
(2)
Proposed streets shall further conform to such county and state street
and highway plans as have been prepared, adopted and/or filed as prescribed
by law and to the requirements of a general plan of the area as developed
by the Planning Commission.
(3)
Streets shall be logically related to topography so as to produce
reasonable grades, satisfactory drainage and suitable building sites.
(4)
Minor streets shall be so laid out as to discourage through traffic;
however, the arrangement of streets wherever possible shall provide
for the continuation of existing or proposed streets and for adequate
access to adjoining undeveloped tracts suitable for future subdivision.
(5)
If lots resulting from original subdivision are large enough to permit
resubdivision, or if a portion of a tract is not subdivided, adequate
street rights-of-way to permit future subdivision shall be provided
as necessary.
(6)
Dead-end streets, except private streets in a minor subdivision, greater than one lot depth in length shall be provided with a turnaround and shall conform to § 450-44B.
(7)
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 or adjacent areas and all
street names shall be subject to the approval of the Planning Commission
and the Board of Supervisors.
(8)
Driveways shall be located not less than 40 feet from the intersection
corner of corner lots and shall provide access to the street of lower
classification when a corner lot is bounded by streets of two different
classifications as herein defined.
(9)
All streets and driveways which enter unto a street under the jurisdiction
of PennDOT of the Township must secure a highway occupancy permit
from the appropriate authority prior to construction. All such access
must be constructed in strict accordance with the provisions of the
permit.
B.
Culs-de-sac. (See Figures 7-13 and 7-14.)[1]
(1)
Culs-de-sac shall not exceed 2,000 feet in length.
(2)
Culs-de-sac shall have at the closed end a turnaround with a right-of-way
having a minimum outside radius of not less than 50 feet and shall
be paved to a radius of not less than 40 feet.
(3)
The circular right-of-way of the cul-de-sac shall be connected to
the approach right-of-way a\by an arc having a radius of not less
than 30 feet.
(4)
The circular paving of the cul-de-sac shall be connected to the approach
paving by an easement arc having a radius of not less than 40 feet.
[1]
Editor's Note: Figures 7-1 through 7-14 are included as an attachment to this chapter.
C.
Street widths.
(1)
Minimum required street widths shall be as set forth in Table 7-1.
(2)
Additional right-of-way and cartway widths may be required in order
to lessen traffic congestion, to secure safety from fire, panic and
other dangers, to facilitate the adequate provision for transportation
and other public requirements and to promote the general welfare.
(3)
New half or partial streets will not be permitted except where essential
for reasonable subdivision of a tract in conformance with the other
requirements and standards of this chapter and where, in addition,
satisfactory assurance for dedication of the remaining part of the
street is secured and the construction of the street carried out simultaneously
as a whole.
(4)
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.
(5)
Street widths shall be measured from lot line to lot line.
(6)
Where a subdivision or land development abuts or contains an existing
public street of inadequate right-of-way width, additional setback
shall be provided to reflect such additional width as may be required
by this chapter. A strip of land with a width sufficient to provide
the required width from the center line shall be reserved for future
road purposes.
D.
Street alignment.
(1)
Wherever street lines are deflected a total of 7 1/2° or
more, within 500 feet, connection shall be made by horizontal curves.
(2)
To insure adequate sight distance, minimum center-line radii for
horizontal curve shall be as set forth in Table 7-1.
(3)
Except on minor streets, a minimum tangent of sufficient length to provide for the proper transition of superelevation as set forth in § 450-23J(3), shall be required between curves or deflection points.
(4)
A long radius curve shall be preferred in all cases to a series of
curves and tangents.
(5)
The approaches to an intersection shall follow a straight course
for a distance of 50 feet.
E.
Street grades.
(1)
The minimum grade of any street gutter shall be not less than 0.5%.
(2)
Center-line grades shall not exceed the grades set forth in Table
7-1.
(a)
Maximum grades shall be limited in length to 250 feet on connector
and collector streets and 400 feet on minor streets.
|
Table 7-1
Design Standards for Streets (a)
| ||||
|---|---|---|---|---|
|
Design Specification
|
Connector
|
Collector
|
Minor
|
Private Access
|
|
Design speed (MPH)
|
45
|
35
|
25
|
20
|
|
Right-of-way width
|
60(b)
|
60(b)
|
50(b)
|
50(b)
|
|
Cartway width
|
38
|
36
|
30
|
20
|
|
Travel way width
|
22
|
20
|
18
|
16
|
|
Shoulder width
|
4
|
4
|
4
|
4
|
|
Minimum center-line radii (c)
|
500
|
350
|
200
|
100
|
|
Minimum sight distance
|
325
|
225
|
150
|
100
|
|
Maximum grade (per cent)
|
10%
|
12%
|
14%
|
17%
|
|
Sustained grade (per cent)
|
6%
|
8%
|
12%
|
17%
|
|
ALL DIMENSIONS IN FEET EXCEPT AS SPECIFIED
| |
|---|---|
|
NOTES:
| |
|
(a)
|
See Table 5-2 for construction standards.
|
|
(b)
|
Plus slope, drainage and utility easements, as required.
|
|
(c)
|
Larger radii may be required as determined by alignment to provide
the required as determined by alignment to provide the required sight
distance. To be determined or confirmed by the Township Engineer and/or
PennDOT.
|
(b)
Maximum grades shall be separated from one another by a grade
not exceeding a sustained grade, which shall be not less than 500
feet in length.
(3)
Summit vertical curves shall be used at changes of grade exceeding
1% and shall be designed in relation to the extend of grade change
and to provide the minimum sight distance, as set forth in Table 7-1,
measured along the center line from the driver's eye, 3.50 feet above
road surface to the top of an object six inches high and on the road
surface.
(4)
Sag vertical curves shall be used at changes of grade exceeding 1%
and shall be designed as follows:
(a)
On minor streets and private streets, curves shall have a minimum
length of 15 feet for each 1% algebraic difference in tangent grade
with an absolute minimum length of 75 feet. (i.e., 1% to 5% - 75 feet
v.c.; 5.1% to 6% - 90 feet v.c.; etc.)
(b)
On all other streets, curves shall have a minimum length of
25 feet for each 1% algebraic difference in tangent grade with an
absolute minimum length of 100 feet. (i.e., 1% to 4% - 100 feet v.c.;
4.1% to 5% - 125 feet v.c.; etc.)
(5)
A leveling area for all street intersections shall be provided as
follows:
(a)
The tangent grade of the through street at the point of intersection of the center lines of the two streets shall not exceed 8%. Crest and sag vertical curves shall be provided in accordance with § 450-44E(3) and (4).
(b)
The tangent grade of the connecting street shall not exceed
4% within the right-of-way lines of the through street. Crest and
sag vertical curves shall be provided.
(6)
The maximum grade across the turnaround in a cul-de-sac shall not
exceed 8%.
F.
Street intersections. (See Figures 7-5 through 7-8).[2]
(1)
Streets shall be laid out to intersect at right angles. In individual
cases where this is not physically possible, streets will be permitted
to intersect one another at an angle of not less than 80°, provided
written justification is supplied by the developer.
(2)
Multiple intersections involving the junction of more than two streets
shall be prohibited.
(3)
Street right-of-way intersection shall be rounded by a tangential
arc having a minimum radius of 40 feet. The street pavement shall
be rounded by a tangential arc having a minimum radius of 20 feet.
(4)
Intersections with major traffic streets preferably shall be located
not less than 800 feet apart, measured from center line to center
line, except in commercial areas where the distance preferable shall
be not less than 500 feet.
(5)
Streets entering opposite sides of another street shall be laid out
either directly opposite one another or with a minimum offset of 160
feet between their center lines.
(6)
Intersection sight distance. At intersections, all obstructions of
any type, including vegetation and earth, shall be removed (by excavation,
if necessary) and deed or lease restrictions established to maintain
such improvements, such that clear and unobstructed sight is provided
from a point on the center line of the intersecting road distant 15
feet from the nearest edge of the travel way of the through road to
appoint on the center line of the through road for a distance of:
[2]
Editor's Note: Figures 7-1 through 7-14 are included as an attachment to this chapter.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Refer to regulations in Chapter 425, Stormwater Management.
A.
All subdivision and developments shall be served by an adequate sewage
disposal system, either a public or private central system or an on-lot
system, acceptable to DEP and to the Board of Supervisors.
C.
Private central sewage system.
(1)
If a public central sewage system is not available and sewage disposal is on a project basis, the developer shall comply with the requirements of § 450-46E.
(2)
All suppliers of non-municipality-owned sewer services shall be organized
in such fashion as to fall within the jurisdiction of the Pennsylvania
Public Utility Commission or the developer shall provide for operation
and continuity of services in a manner which is acceptable to the
Board of Supervisors.
(3)
Central sewers are required for all residential lots and nonresidential
developments where the Board of Supervisors determines that on-site
soil conditions are unsuitable for on-lot subsurface disposal systems.
D.
On-lot sewage system.
(1)
If a public central sewage system is not available and a private
central sewage system is not to be provided, the developer shall:
(a)
Submit a plan of recommended locations for subsurface disposal
areas.
(b)
Submit four copies of a completed DEP planning module. An adequate
number of test pits and soil percolation tests shall be undertaken
to determine the general suitability of soils throughout the subdivision
or development for on-lot subsurface sewage disposal.
(c)
Either install on-lot sewage disposal facilities or require
by restrictive covenant that such facilities be installed by the purchaser
of a lot at the time the principle building is constructed.
(2)
The standards of Title 25 Pa. Code Chapter 73, "Standards for Onlot
Sewage Treatment Facilities," DEP, shall be strictly adhered to.
E.
Central sewage system design.
(1)
All centralized sewage system designs, plans and/or construction
shall:
(2)
All plans and specifications for proposed central sewage systems
shall be prepared by a registered professional engineer well versed
and knowledgeable in the field.
(3)
All sewage collection shall be designed and constructed in accordance
with regulations and requirements of DEP (as set forth in the sewerage
manual prepared by the Bureau of Water Quality Management) and/or
the Township or Township Authority. In the case of relatively small
community sewage systems (as defined in Chapter 73 of the Department
regulations),[1] the developer may submit a written request for a variance
from such requirements together with justification thereof.
[1]
Editor's Note: See 25 Pa. Code Chapter 73.
(4)
All sanitary sewers shall be designed and constructed to provide
adequate capacity for the ultimate flow of the subject development.
The Township may also require that any sanitary sewer be designed
and constructed to provide for service to adjacent or nearby properties.
In such instances, developers shall be financially responsible solely
for those costs associated with their individual development.
(5)
All systems utilizing subsurface disposal of sewage effluent shall
be designed and constructed in accordance with applicable DEP regulations.
The registered professional engineer employed by the developer shall
certify that the existing or proposed facility has been designed in
accordance with such requirements.
(6)
The developer shall demonstrate compliance with or cause to be prepared
such revisions as may be required for the Official Township Sewage
Plan and/or Township Sewage Feasibility Study.
(7)
The following information shall be submitted for review of a central
sewage system:
(a)
Four complete sets of preliminary plans for such systems shall
be submitted for review with the preliminary plan. Four complete sets
of approved plans and specifications shall be submitted with the final
plan.
(b)
In the case of a public central sewage system, a letter from
the company or authority which states that the company or authority
can adequately serve the subdivision shall be submitted with the preliminary
plan.
(c)
Four copies of a completed DEP planning module shall be submitted
with the preliminary plan.
(d)
One copy of all correspondence, supporting documentation, applications
for permits and certificates of operation submitted to applicable
state agencies for the right to provide such service.
(e)
One copy of the permit and/or certificate of convenience issued
by applicable state agencies authorizing such services.
(8)
The Planning Commission and Board of Supervisors shall have the right
to review any such plans to determine compliance and compatibility
of the same with any Township plans or studies and the overall adequacy
of the proposed system.
A.
All subdivisions shall be served with an adequate water supply system,
either public or private central system or on-lot system, acceptable
to DEP and to the Board of Supervisors or an agency that may have
jurisdiction.
B.
Public central water system.
(1)
When the subdivision is to be served by a public water company or authority, the developer shall comply with the requirements of § 450-47E(5).
C.
Central water system.
(1)
If the water is to be provided by means other than by private wells
owned and maintained by the individual owners of lots within the subdivision
or development, applicants shall present evidence to the governing
body and planning commission that the subdivision or development is
to be supplied by a certified public utility, a bona fide cooperative
association of lot owners or by a municipal corporation, authority
or utility. A copy of a certificate of public convenience from the
Pennsylvania Public Utility Commission or an application for such
certificate, a cooperative agreement or a commitment of agreement
to serve the area in question, whichever is appropriate, shall be
acceptable evidence.
(2)
If a public central water system is not available and water supply is on a project basis, the developer shall comply with the requirements of § 450-47E(5).
D.
On-lot water system.
E.
Central water system design.
(1)
All plans and specifications for proposed central water systems shall
be prepared by a registered professional engineer well versed and
knowledgeable in the field.
(2)
Deep well source requirements.
(a)
Wells shall be sited, drilled, and tested under the direct supervision
of a qualified registered professional engineer or a professional
groundwater geologist.
(b)
The projected capacity of the well or wells shall be sufficient
to produce at least 100 gallons per capita per day and/or 400 gallons
per day for each residential dwelling unit to be served. Service to
industrial or commercial establishments shall show adequacy of supply
to meet such needs as established by the American Water Works Association.
(c)
The wells shall be pump tested utilizing a controlled step-drawdown
test to establish the specific capacity of each well and to establish
a long term pumping rate. The well shall be pumped at the above determined
long-term pumping rate for a sufficient period of time for stabilization
to occur and the recovery noted. In no case will a pumping rate greater
than the recharge rate be allowed.
(d)
Well construction and testing shall be consistent with good
practice and the guidelines of DEP.
(e)
Wells shall be located away from potential sources of pollution.
The well shall be located on a reserved one acre parcel.
(f)
The effect of the a real drawdown shall be carefully evaluated
and reported.
(3)
Water distribution system requirements.
(a)
The system design shall follow good engineering practice and
the guidelines of DEP and the Public Utilities Commission. The distribution
system shall be designed and sized to provide the design flows at
a minimum pressure of 25 psi at curb stops.
(b)
Pipe classes shall be consistent with design pressures.
(c)
Before being placed into service, the system must be tested
and disinfected by procedures established by DEP.
(d)
The proposed utility shall provide for adequate flow of water
for the subdivision supplied, by interconnecting two or more wells
or by providing storage for a minimum of one day's demand.
(e)
Flow rates.
[1]
Distribution systems serving residential developments shall
provide for a minimum flow rate of at least five gallons per minute
for each lot or proposed dwelling unit for domestic purposes only.
[2]
Distribution systems serving commercial or industrial developments
shall provide for a minimum flow rate of at least 25 times the projected
average daily flow rate.
[3]
Distribution systems intended to provide for fire flow shall
provide for minimum flow rates in accordance with the standards of
the National Fire Underwriters.
(4)
Fire Department connections.
(a)
Fire Department connections shall be installed on all central
water systems and shall consist of hydrants with threads approved
by the Barrett Township Volunteer Fire Company.
(b)
Hydrants shall be of standard approved type and shall be utilized
where water systems are specifically required or designed to provide
for fire flow.
(c)
All Fire Department connections shall be located on the street
right-of-way lines.
(d)
All Fire Department connections shall be painted with a reflective
paint; the color and shade of which shall be approved by the Barrett
Township Volunteer Fire Company.
(e)
Hydrants shall be located in accordance with the requirements
of the National Board of Fire Underwriters. The locations of all Fire
Department connections shall be subject to review by the Barrett Township
Volunteer Fire Company and the approval of the Board of Supervisors.
(5)
The following information shall be submitted for review of a central
water system:
(a)
Four complete sets of preliminary plans for such systems shall
be submitted for review with the preliminary plan. Four complete sets
of approved plans and specifications shall be submitted with the final
plan. In the case of a public central water system, final plans shall
include the approval of the company or authority operating the system.
(b)
In the case of a public central water system, a letter from
the company or authority which states that the company or authority
can adequately serve the subdivision shall be submitted with the preliminary
plan.
(c)
One copy of all correspondence, supporting documentation, applications
for permits and certificates of operation submitted to applicable
state agencies for the right to provide such services.
(d)
One copy of the permit and/or certificate of convenience issued
by applicable state agencies authorizing such services.
(6)
The Planning Commission and Board of Supervisors shall review any
such plans to determine the overall adequacy of the proposed system.
A.
Residential blocks ordinarily shall have a maximum length of 1,200
feet, and commercial blocks ordinarily shall have a maximum length
of 600 feet.
B.
Pedestrian interior walks may be required where necessary to assist
circulation or provide access to community facilities. Such crosswalks
shall have a minimum width of 10 feet and shall be covered by an all
weather surface of not less than four feet in width.
A.
Lot dimensions, area and setback lines shall not be less than set forth in Chapter 525, Zoning, of this Code.
B.
All lots shall front upon a minor or collector street except as provided
for private access for minor subdivisions.
C.
Side lines of lots shall be perpendicular or radial to the street
line at their point of intersection. At the discretion of the Commission,
some variation from this requirement may be permitted if physical
and/or topographical features so warrant.
D.
Double frontage lots shall ordinarily not be plotted.
E.
The net lot area shall be determined by computing the gross area
contained within the lot lines and subtracting therefrom the following
nonqualifying areas:
(1)
Any area or portion of the lot lying within or subject to any road,
road right-of-way, access easement or access right-of-way.
F.
The applicant must demonstrate that the net lot area of each lot is adequate and sufficient to provide for all requirements of Chapter 525, Zoning, of this Code, and to provide for buildings and required facilities, such as water supply and primary and replacement sewage disposal areas, if appropriate.
[Added 5-4-2005 by Ord.
No. 137]
A.
General standards to minimize adverse impacts. All subdivisions and
land development shall avoid or minimize adverse impacts on the Township's
natural and cultural resources, as defined below. The standards for
resource conservation, as set forth in this article, shall apply to
all subdivision and land developments in the Township.
B.
Groundwater resources. Disturbance to natural infiltration and percolation
of precipitation to the groundwater table shall be minimized in accordance
with any applicable Township, county, state and federal regulations.
C.
Woodlands. Woodlands occur extensively throughout the Township, often
in association with stream valleys and wet areas, poor and erodible
agricultural soils, and steep slopes.
(1)
When designing subdivision and land development plans for any tract,
applicants shall be guided by the following standards:
(a)
Proposed site improvements shall be located, designed and constructed
to minimize the loss or degradation of woodland areas.
(b)
Subdivisions shall be designed to preserve woodlands along roadways,
property lines and lines occurring within a site, such as streams,
swales, stone fences and hedgerows. Such lines and the native vegetation
associated with them shall be preserved as buffers between adjacent
properties and between areas being subdivided within a property. Preservation
shall include ground, shrub, understory, and canopy vegetation.
(c)
Disturbance or removal of woodlands occupying environmentally
sensitive areas (such as woodlands on steep slopes, those providing
a visual buffer between adjacent land uses, or those providing significant
wildlife habitat) shall be undertaken only when approved by the Board
and on a limited, selective basis to minimize the adverse impacts
of such actions. This shall include but not necessarily be limited
to vegetation performing important soil stabilizing functions on wet
soils, stream banks, and sloping lands.
(d)
No clearing or earth disturbance (except for soil analysis for
proposed sewage disposal systems) shall be permitted on a site before
the completion of subdivision and land development agreements. The
determination of clear sight distances along roadways shall be made
graphically and not be clearing on-site prior to final plan approval.
D.
Slopes. Moderately sloping lands (15% to 25%) and steeply sloping
lands (over 25%) are prone to severe erosion if disturbed. Erosion
and the resulting overland flow of soil sediments into streams, ponds,
and public roads are detrimental to water quality and aquatic life,
and a potential hazard to public safety.
E.
Scenic road corridors. The Barrett-Mt. Pocono-Paradise Open Space
and Recreation Plan identifies scenic roads in the Township, including
buy may not be limited to Pennsylvania State Routes 447, 390, and
191. All applications for subdivision and land development shall maximize
preservation of scenic visual corridors along such roads. The Township
may require naturalistic landscape buffers to minimize any adverse
visual impacts. Such buffers shall include tree and shrub species
found in existing hedgerows and along wooded roadside edges in the
vicinity of the site.
[Added 5-4-2005 by Ord.
No. 137]
The standards for greenway lands shall apply to all subdivision
and land developments within the Conservation Design Residential Overlay
District.
A.
Prioritized list of resources to be conserved. The design of greenway
lands in any subdivision or land development plan shall reflect the
standards set forth in this chapter and the resources identified on
the Map of Potential Conservation Lands. Greenway lands shall, to
the fullest extent possible, incorporate any of the following resources
if they occur on the tract (listed in order of significance):
(1)
Stream channels, floodplains, hydric soils, swales, springs and other
lowland areas, including adjacent buffer areas which may be required
to insure their protection.
(2)
Moderate and steep slopes, particularly those adjoining watercourses
and ponds, where disturbance and resulting soil erosion and sedimentation
could be detrimental to water quality.
(3)
Healthy woodlands, particularly those performing important ecological
functions such as soil stabilization and protection of streams, wetlands
and wildlife habitats.
(4)
Areas where precipitation is most likely to recharge local groundwater
resources because of topographic and soil conditions affording high
rates of infiltration and percolation.
(5)
Hedgerows, groups of trees, large individual trees of botanic significance,
and other vegetative features.
(6)
Historic resources, including structures and sites.
(7)
Visually prominent topographic features, such as knolls, hilltops
and ridges, and scenic viewsheds, as seen from public roads (particularly
those with historic features).
(8)
Existing trails connecting the tract to other locations in the Township.
B.
Other design standards.
(1)
Greenway lands shall be free of all structures except historic buildings,
stone walls, and structures related to greenway uses. The Board of
Supervisors may grant approval of structures and improvements required
for storm drainage, sewage treatment, and water supply within the
greenway, provided that such facilities would not be detrimental to
the greenway and that the acreage of lands required for such uses
is not credited towards minimum greenway acreage requirements for
the tract, unless the land they occupy is appropriate for passive
recreational use.
(2)
Greenway lands shall include parcels at least three acres in size,
shall have a length-to-width ratio of not less than 4:1, and shall
have a minimum width of 75 feet. The only exceptions to these provisions
are for such lands specifically designed as neighborhood greens, playing
fields or trail links.
(3)
Greenway lands shall be directly accessible to the largest practicable
number of lots within the subdivision. Nonadjoining lots shall be
provided with safe and convenient pedestrian access to greenway land.
Except in those cases where part of the greenway is located within
private house lots, greenway lands shall provide for pedestrian pathways
for use by the residents of the subdivision. Consideration shall be
given to providing for public access on such trails if they are linked
to other publicly accessible pathway systems within the Township,
and if the greenways through which the trails run are publicly owned.
Provisions should be made for access to the greenway lands for land
management and emergency purposes.
(4)
Greenway lands shall be suitable for active recreational uses to
the extent deemed necessary by the Board of Supervisors upon recommendation
of the Planning Commission, without interfering with adjacent dwelling
units, parking, driveways, and roads.
(5)
Greenway lands shall be interconnected wherever possible to provide
a continuous network within and adjoining the subdivision.
(6)
Greenway lands shall provide buffers to adjoining parks, preserves
or other protected lands.
(7)
Greenway lands shall be made subject to such agreement with the Township
and such conservation easements duly recorded in the office of the
Monroe County Recorder of Deeds as may be required by he Board of
Supervisors for the purpose of preserving the common open space for
such uses.
(8)
Greenway lands shall be consistent with the Township's Comprehensive
Plan and the Barrett-Mt. Pocono-Paradise Open Space and Recreation
Plan.
[Added 5-4-2005 by Ord.
No. 137]
In subdivisions with fewer than 10 dwelling units, where there
would be no particular benefit from a public dedication, any greenway
land shall be designated for private usage among all subdivision lot
owners.
[Added 5-4-2005 by Ord.
No. 137]
A.
Protection of vegetation from mechanical injury. Where earthwork,
grading or construction activities will take place in or adjacent
to woodlands, old fields or other significant vegetation or site features,
the Board of Supervisors may require that the limit of disturbance
be delineated and vegetation protected through installation of temporary
fencing or other approved measures. Such fencing shall be installed
prior to commencing of construction and shall be maintained throughout
the construction period.
B.
Protection of vegetation from excavations. If trenches must be excavated
in the root zone, all disturbed roots shall be cut as cleanly as possible,
and the trench shall be backfilled as quickly as possible.
C.
Protection of topsoil.
(1)
No topsoil shall be removed from the site.
(2)
Prior to grading operations or excavation, topsoil in the area to
be disturbed shall be removed and stored on site.
(3)
Topsoil removed shall be redistributed and stabilized as quickly
as possible following the final grading for a project or project phase.
All exposed earth surfaces shall be stabilized by hydroseeding or
any other best management practice approved by the DEP.
[Added 3-30-2006 by Ord.
No. 142]
A.
Purpose. To provide adequate open spaces, recreational lands and
recreational facilities to serve new inhabitants/occupants of new
developments, for both active and passive recreation, as is specifically
authorized by Section 503(11) of the Pennsylvania Municipalities Planning
Code (MPC);[1] to recognize and implement the Barrett-Mount Pocono-Paradise
Open Space and Recreation Plan adopted by Barrett Township in 2002,
or any successor plan, as part of a regional effort.
[1]
Editor's Note: See 53 P.S. § 10503(11).
B.
Applicability. This section shall apply to any subdivision for which
a preliminary plan or a combined preliminary/final plan is submitted
after the enactment date of this amendment.
(1)
This section shall not apply to plans that the Board of Supervisors
determines only involve adjustments or corrections to an approved
preliminary plan or a preliminary plan that was actively before the
Township for consideration as of the date of the adoption of this
section, provided the adjustments do not increase the number of proposed
dwelling units or lots or involve a new principal nonresidential building.
(2)
This section shall not apply to plans submitted under the Township's
Conservation Subdivision Ordinance, which has separate open space/greenway
lands requirements.
C.
Submission information.
(1)
The applicant shall submit with the subdivision plan a description
of the method by which the applicant proposes to comply with the requirements
of this chapter, such as payment of recreation fees, dedication of
public recreation land, dedication of land to a homeowners' association,
construction of recreational facilities or another method.
(2)
The preliminary and final plans shall contain a sheet depicting the
land proposed for use in meeting common open space and recreational
facilities requirements, or a note stating that the applicant proposes
to pay fees in lieu of land. The plan shall also describe any improvements
or facilities that the applicant proposes to make to the land.
(3)
The proposal for common open space, installation of recreation facilities
and/or fees shall be offered for review by the Barrett Township Planning
Commission. The Board of Supervisors may require changes to the proposal
for common open space, recreational facilities and/or fees in compliance
with this chapter. If an applicant does not prove compliance with
this chapter or refuses to dedicate common open space where the Board
of Supervisors does not agree to fees in lieu of land dedication,
the Board of Supervisors shall have grounds to deny approval of the
submission.
D.
Limitations on use of fees.
(1)
Any fees collected under this chapter shall be placed within an interest-bearing
account and shall be accounted for separately from other Township
funds. Such account shall be controlled by Barrett Township, and any
interest shall become funds in that account.
(2)
To ensure that the lands and facilities are accessible to the inhabitants
of the subdivision(s) that paid fees towards their cost, such fees
shall only be used within a five-mile radius of the boundaries of
the subdivision that paid the fees, unless the Board of Supervisors
determines that a proposed improvement is regional in nature and would
clearly serve the entire population of the Township.
(3)
The fees shall be used for the following: acquisition of public open
space and related debt payments, development of public recreational
facilities, landscaping of public open space, and related engineering
and design work. In addition, the Supervisors may commit fees to a
recreation area open to the public in an adjacent municipality that
would serve the inhabitants of the development that paid the fees.
E.
Land dedication. Any subdivision regulated under this chapter shall
be required to dedicate the specified amount of common open space,
unless the Board of Supervisors requires the payment of recreation
fees in lieu of land, the construction of recreational facilities,
the reservation/donation of common open space through an allowed alternative
ownership method, or a combination of any of the foregoing.
(1)
Generally, it is the intent of this chapter that subdivisions of
five or fewer dwelling units or under five acres of nonresidential
land, that do not include land that is adjacent to existing publicly
owned land, shall be required to pay a recreation and open space fee
in lieu of dedicating land and/or constructing recreation improvements.
(2)
The land requirements of this chapter shall be based upon the number
of new dwelling units that are proposed on the lots of a subdivision
after approval. No land requirement shall be required for agricultural,
livestock or poultry buildings.
(3)
Common open space. For the purposes of this chapter, the term "common
open space" shall mean that portion of a particular development tract
that meets all of the following standards:
(a)
Is designed, intended and suitable for active or passive recreation
by residents of a development or the general public;
(b)
Is covered by a system that ensures perpetual maintenance, if
not intended to be publicly owned;
(c)
Will be deeded to the Township and/or deed restricted to permanently
prevent uses of land other than as open space and noncommercial recreation;
and
(d)
Does not include any of the following:
[1]
Existing street rights-of-way;
[2]
Streets or driveways providing access to other lots;
[3]
Land beneath buildings or land within 20 feet of a building
(other than accessory buildings and pools clearly intended for noncommercial
recreation and other than agricultural buildings and a farmstead which
are permitted within land approved by the Township for agricultural
preservation);
[4]
Off-street parking (other than that clearly intended for noncommercial
recreation);
[5]
Area(s) needed to meet a requirement for an individual lot;
[6]
Land that does not have provisions for entry with a twenty-foot-minimum
width by pedestrians from a street open to the public or from an adjacent
common open space area that has access to such a street;
[7]
Land that includes a stormwater detention basin, except for
a basin that the applicant proves to the satisfaction of the Board
of Supervisors would be reasonably safe and useful for active or passive
recreation during the vast majority of weather conditions;
[8]
Portions of land that have a width of less than 40 feet.
(4)
Prime open space. For the purposes of this chapter, the term "prime
open space" shall mean land proposed to be established as common open
space that would meet all of the following standards:
(a)
Less than 6% average slope;
(b)
Not a "wetland" under federal and/or state regulations;
(c)
Be part of a contiguous tract of at least two acres (which may
include existing adjacent common open space); and
(d)
Not be within the 100-year floodplain, as defined by official
floodplain maps of the Township, as prepared by FEMA.
(5)
Amount of residential common open space. If a residential subdivision
is required to dedicate common open space, the following amounts for
each permitted new dwelling unit shall apply, unless revised by resolution
of the Board of Supervisors:
|
Percentage of the Total Common Open Space that Would Meet the
Definition of "Prime Open Space"
|
Minimum Amount of Common Open Space Required to be Dedicated
Per Permitted Dwelling Unit
|
|---|---|
|
0% to 25.0%
|
5,200 square feet
|
|
25.1% to 75.0%
|
2,600 square feet
|
|
75.1% to 100%
|
1,300 square feet
|
(6)
Amount of nonresidential common open space. If a nonresidential subdivision
is required to dedicate common open space, the following amounts of
common open space shall be required, unless revised by resolution
of the Board of Supervisors:
|
Percentage of the Total Common Open Space that Would Meet the
Definition of "Prime Open Space"
|
Minimum Percentage Required of Development Tract Required to
be Dedicated as "Common Open Space"
|
|---|---|
|
0% to 25.0%
|
6%
|
|
25.1% to 75.0%
|
4%
|
|
75.1% to 100%
|
3%
|
(7)
Other ordinances. Any required land dedication or fees under this
chapter shall be in addition to any land dedication or improvement
requirements of any other Township ordinances; except, however, this
chapter shall not apply to plans submitted under the Township's Conservation
Subdivision Ordinance, which has separate open space/greenway lands
requirements.
F.
Recreation fees. The developer of any subdivision governed by this
chapter shall pay a recreation fee in accord with the following:
(1)
Fee amount. The fee amount shall be established and updated from
time to time by resolution of the Board of Supervisors based upon
the value of comparable land.
G.
Decision of land vs. fees. The Township reserves the right to determine,
on a case-by-case basis, whether dedication of land is preferable
to the payment of an in-lieu fee. If the applicant does not propose
dedicating common open space that meets Township requirements (as
determined in the sole discretion of the Board of Supervisors), then
the payment of recreation fees may be required instead of land dedication
based upon the following guidelines:
(1)
Whether the land in that location would serve a valid public purpose.
(2)
Whether there is potential to make a desirable addition to an existing
public or school district recreation area or to create a greenway
along a creek.
(3)
Whether the proposed land would meet the objectives and requirements
of this section and any relevant policies of the Township Comprehensive
Plan, Interim Recreation Plan or Regional Recreation and Open Space
Plan.
(4)
Whether the area surrounding the proposed development has sufficient
existing recreation and open space land and whether it is possible
for pedestrians and bicyclists to reach those lands.
(5)
Any recommendations that may be received from the Planning Commission,
the Township Engineer, and the Township Parks and Recreation Board.
H.
Common open space and recreation land to be dedicated.
(1)
Suitability. Land required to be dedicated shall be suitable for
its intended purpose, in the determination of the Board of Supervisors.
The applicant shall state, in writing, what improvements, if any,
he/she intends to make to the land to make it suitable for its intended
purpose, such as grading, landscaping, or development of trails. Portions
intended for active recreation shall be well-drained, of less than
4% average finished slope and not require filling in of a wetland
for use. Such land shall be free of construction debris at the time
of dedication.
(2)
Ownership. Required common open space shall be dedicated to the Township,
unless the Board of Supervisors agree to accept a dedication to any
of the following: Pocono Mountain School District, Monroe County,
the PA Bureau of State Parks, the PA Fish and Boat Commission, the
PA Game Commission, a homeowners' association, a single property owner
in the case of agricultural land or an environmental organization
acceptable to the Board of Supervisors. In the case of a rental development,
the Township may permit the common open space to be retained by the
owner of the adjacent buildings.
(a)
If required common open space is to be owned by a homeowners'
association, the developer shall be required to establish such association
in a form that requires all property owners within the development
to annually contribute to the maintenance of the common open space.
(b)
Any homeowners' association agreement regarding required common
open space shall be subject to acceptance by the Board of Supervisors,
based upon review by the Township Solicitor. The provisions of Section
705(f) of the Pennsylvania Municipalities Planning Code[2] should serve as a model for such agreement.
[1]
If common open space is to be owned by a property owners' association,
the developer shall be required to establish such association in a
form that requires all property owners within the development to annually
contribute to the maintenance of the common open space.
[2]
Prior to the sale of any dwelling unit or lot, all deeds shall
require each property owner to pay fees on a regular basis for the
maintenance and other expenses of owning such land. The property owners
shall be incorporated with covenants and bylaws providing for the
filing of assessments. After providing notice to affected owners,
the Township shall have the authority to establish municipal liens
upon all properties in the association to fund maintenance of the
land and Township legal costs if the property owners' association
does not fulfill its responsibilities.
[3]
Where another form of ownership is not practical, the Board
of Supervisors may permit the required open space to be added onto
a privately owned lot, provided a permanent conservation easement
protects the open space from development.
[2]
Editor's Note: See 53 P.S. § 10705(f).
(c)
Transfer to another entity. If the approved plan states that
ownership of and/or responsibilities to maintain the common open space
are limited to a particular entity, then any transfer of ownership
of responsibilities to another entity shall require preapproval by
the Board of Supervisors. Where land is to be owned by a conservation
organization, a process shall be established for the land to transfer
to a different organization if the first organization is not able
to fulfill its obligations.
(d)
The Board of Supervisors may require that the required common
open space be dedicated to the Township, as opposed to a private entity.
The Board of Supervisors shall not be required to accept dedication
of any open space.
(3)
Deed restrictions/conservation easements. Common open space shall
be protected from future development and subdivision by a permanent
conservation easement or deed restriction acceptable to and enforceable
by the Board of Supervisors. Such restriction may also be enforceable
by other parties. Such restrictions shall prohibit the construction
of any buildings, except buildings for noncommercial recreation or
that are necessary to support maintenance of the open space.
(4)
Priority. Priority shall be given to dedication of land that would
be suitable for:
(a)
Additions to existing public schools and public parks;
(b)
Would preserve woods, steep slopes or other important natural
features of land along a creek or river;
(c)
That would be suitable for centralized active recreation;
(d)
That would connect to open space areas through greenways; or
(e)
Serve as passive recreation for hiking and related activities.
(5)
Access and contiguousness. Common open space within a subdivision
shall be contiguous, except as may be specifically exempted by the
Board of Supervisors, and shall have adequate access for maintenance
and by pedestrians.
(6)
Lands close to buildings. For the purpose of this chapter, no land
shall be used to meet the minimum common open space requirements of
this section if such land is within:
(7)
Sewage facilities in common open space. Sewage facilities of adjoining
property owners may be located as a reserve location on the common
open space when lots size does not allow a reserve sewage disposal
site. Adequate easements shall be established to clarify rights and
responsibilities. Community sewage facilities may be located in the
common open space subject to review by the Township Planning Commission
and approval by the Township Board of Supervisors to determine if
the proposed facilities are compatible to the proposed use of the
open space. If buildings are associated with the sewage disposal,
additional open space shall be provided in the equal amount to the
space occupied by the building.
(8)
Wells. Wells of adjoining property owners or community water supplies
may be located in common open space. Adequate easements shall be established
to clarify rights and responsibilities. If buildings are associated
with the water supply, additional open space shall be provided in
the equal amount to the space occupied by the building.
(9)
Residual lands. If only a portion of a larger tract of land is currently
proposed to be subdivided, or the applicant owns one or more adjacent
tracts that are not currently proposed to be subdivided, the applicant
shall provide a sketch of a possible future land dedication on these
adjacent lands in case they would be developed in the future. The
intent is to coordinate current plans with any future development,
even in the long term.
(10)
Coordination with future adjacent dedication. The Board of Supervisors
may require that a required land dedication within a property currently
being subdivided be placed along an edge of the property so that it
may, in the future, be combined with an open space dedication on the
edge of an adjoining property when that adjoining property is subdivided
or developed.
I.
Combination of land and fees. Upon mutual agreement of the Board
of Supervisors and the applicant, the Township may accept a combination
of common open space and fees-in lieu of land to meet the requirements
of this chapter for a subdivision. For a residential development,
this combination shall be based upon the common open space requirement
applying for the remaining number of dwelling units.
J.
Timing of residential fees. Fees required by this chapter for all
of the dwelling units shall be paid prior to the recording of the
final plan, except as follows:
(1)
If the required fee would be greater than $2,000, the applicant and
the Board of Supervisors mutually agree, in a binding development
agreement, to the payment of all such fees prior to the issuance of
any building permits within each clearly defined phase or subphase
of the development, then such fees are not required to be paid prior
to recording of the final plan, but may instead be paid within the
requirements of that development agreement.
(2)
If the applicant and the Board of Supervisors mutually agree to the
payment of such fees in installments, then all such fees shall not
be considered to be "paid" for the purposes of any applicable time
limitations for utilization under the Municipalities Planning Code[3] until all such fees are paid in full, including all installments
and phases.
[3]
Editor's Note: See 53 P.S. § 10101 et seq.
K.
Timing of nonresidential fees. Fees required by this chapter for
any nonresidential subdivision shall be paid prior to the recording
of the final plan of a subdivision.
L.
Facilities in place of land or fees. An applicant may submit a written
request for a modification of the requirements of this chapter by
offering to construct substantial permanent recreation facilities
open to the general public within the proposed subdivision or on public
parkland. Such modification may only be approved if the applicant
clearly proves to the satisfaction of the Board of Supervisors that
the facilities will serve a valid public purpose, will be designed
following modern standards in a durable manner and will have an equal
or higher value than fees that would otherwise be required.
M.
Modification. A modification of these requirements may also be approved
by the Board of Supervisors if the applicant donates or sells appropriate
public recreation land to the Township, school district or other governmental
entity. In such case, the applicant shall provide a written appraisal
from a qualified professional that the market value of the donation
or sale price reduction is greater than the value of the fee or land
requirement that is waived. In such case, the land shall be determined
to be suitable for public recreation.
