A.
General.
(1)
The subdivision/land development shall conform to the principles and standards which are generally exhibited in the Upper Mount Bethel Township Comprehensive Plan, April 2001, and the regulations of Chapter 350, Zoning, of the Code of the Township of Upper Mount Bethel. The principles and standards contained herein have general application to subdivisions within the Township.
(2)
The subdivision/land development shall comply with any and all federal, state, county, and Township laws, rules, regulations, and ordinances.
B.
Streets.
(1)
The arrangement, type, extent, width and location of all streets shall conform to the Comprehensive Plan.
(2)
The arrangement of streets not shown on the Comprehensive Plan shall be such as to provide for the appropriate extension of existing streets.
(3)
Minor streets shall be so designed as to discourage through traffic.
(4)
Subdivisions abutting arterial streets shall provide a marginal service road or reverse frontage with a buffer strip for planting or some other means of separation of through and local traffic as the Planning Commission may determine appropriate.
(5)
The ultimate right-of-way width shall be measured from lot line to lot line and shall not be less than the following:
(a)
Arterial streets: 80 feet.
(b)
Collector streets: 60 feet.
(c)
Minor streets: 50 feet.
(d)
Marginal access streets: 40 feet.
(e)
The right-of-way width for internal nondedicated roads and alleys in a private, multifamily, commercial or industrial development shall be determined on an individual basis, and shall in all cases be of sufficient width and design to safely accommodate the maximum traffic parking and loading needs and maximum access for firefighting equipment.
(6)
Pavement width.
(a)
The pavement and shoulder widths when curbs are not installed are as follows:
Street Type | Pavement Width (feet) | Shoulder Width (feet) |
|---|---|---|
Arterial | PennDOT standards | PennDOT standards |
Collector | 20 | 4 each side (PennDOT Type 3) |
Minor | 20 | 4 each side (PennDOT Type 3) |
Minor | 30 | None (curbing required, parking one side only) |
Minor | 36 | None (curbing required, parking both sides) |
(b)
The pavement width between curbs when installed shall be as follows:
Street Type | Pavement Width (feet) |
|---|---|
Arterial Street | PennDOT standards |
Collector Street | 40 |
Minor Street | 30 (Parking One Side Only) |
Minor Street | 36 (Parking Both Sides) |
(7)
No subdivision showing reserve strips controlling access to streets shall be approved except where the control and disposal of land composing such strips has been placed under the jurisdiction of the governing body under conditions approved by the Planning Commission.
(8)
Subdivisions/land developments that adjoin or include existing streets that do not conform to widths as shown on the Comprehensive Plan or the street width requirements of this chapter shall dedicate by an easement in favor of the Township additional width along either one or both sides of said road. If the subdivision/land development is along one side only, one-half of the required extra width shall be dedicated.
(9)
Grades of arterial and collector streets shall not exceed 7%. Grades on other streets shall not exceed 10%. No street shall have a minimum grade of less that 1% minimum. The grade within 75 feet of the center line intersection shall not exceed 5%.
(12)
The street intersections shall be as nearly at right angles as is possible and in no case shall be less than 65°. Block corners and intersections shall be rounded at the curbline or the edge of pavement with a curve having a radius of not less than 20 feet for intersections involving minor streets; 30 feet for all intersections involving one collector street and a minor street; and 40 feet for all intersections involving collector streets and/or arterial streets. Right-of-way lines shall be rounded with a curve having a radius of 25 feet.
(13)
Street jogs with center-line offsets of less than 125 feet shall be prohibited on minor streets and not less than then 300 feet for collector streets.
(14)
Intersections of more than two streets at one point shall not be allowed.
(15)
A tangent at least 100 feet long shall be introduced between reverse curves on arterial streets and collector streets.
(16)
Streets shall bear the names of existing streets of which they are a continuation or with which they are in alignment. There shall be no duplication of street names within the Township. The purchase and erection of street signs, in conformance with existing Township street signs, shall be the responsibility of the developer subject to the approval of the Board of Supervisors.
(17)
Curblines shall parallel right-of-way lines except at intersection rounding as noted in Subsection B(12) above.
(18)
Private streets (streets not offered for dedication) are prohibited unless they meet the design requirements in this chapter.
(19)
Where, in the opinion of the Township Planning Commission, it is desirable to provide for street access to adjoining property, street stubs shall be extended by dedication to the boundary of such property.
(20)
Cul-de-sac streets (see figure below). No street shall dead-end without an approved turnaround at the end of the street.
(a)
Cul-de-sac streets shall be permitted with a maximum length of 1,000 feet and a minimum length of 250 feet measured from the right-of-way of the near side of the intersecting street to the furthermost right-of-way of the cul-de-sac turnaround.
(b)
Cul-de-sac streets must be provided with a turnaround with a minimum paved radius of 50 feet to the edge of pavement and a minimum radius of 60 feet to the legal right-of-way.
(c)
The circular right-of-way of the cul-de-sac shall maintain minimum 10 feet of width between the edge of paving and the edge of the right-of-way with a four-foot-wide PennDOT Type III shoulder. The circular paving of the cul-de-sac shall be connected to the approach paving by an arc having a radius of not less than 40 feet.
(d)
The maximum cross slope on the circular part of a cul-de-sac shall be 7%.
(e)
A cul-de-sac street shall serve a maximum of 20 dwelling units.
(f)
A snow storage easement shall be established at the end of the cul-de-sac, which shall provide for proper drainage as the snow melts.
(g)
Culs-de-sac may be centered or offset to the left, however, offset to the right shall not be permitted.
(h)
A cul-de-sac street accessing or attached to a loop road shall not be permitted.
 |
(21)
Sight distance.
(a)
At any intersection with a street of another street(s) or an accessway or driveway serving two or more nonresidential principal uses, a clear sight triangle shall be provided. Such triangle shall be graded, cleared, and kept clear of sight obstruction (other than official street sign posts and individual canopy tree trunks) for a height between two feet and 10 feet above ground level.
(b)
Such clear sight triangle shall be protected by a permanent deed restriction, covenant stated on the recorded plan, municipal easement or other legally binding method acceptable by the Township.
(c)
Such clear sight triangle shall be determined by the distance stated below, which shall be measured along the center line of the right-of-way (or cartway where rights-of-way do not exist) of streets/accessways/driveways. Such distance shall be measured from the intersection of lines, with the third leg of the triangle connecting the opposite ends of each leg, as shown in the illustration below.
(d)
A 150 feet length shall be used along the center line of an arterial street. A 100 feet length shall be used along center line of a collector street. A 75 feet length shall be used along the center line of any minor street or any accessway or driveway required to provide a clear sight triangle, except as stated in § 298-20B(21)(e). Legs of clear sight triangles should be 100 feet along center line of collector or arterial streets, 75 feet along center line of minor streets, and 30 feet along the center line of a residential driveway.
(e)
Except where a minor street, driveway or accessway serving two or more nonresidential principal uses enters onto an arterial street, a clear sight triangle shall be used with a distance of 350 feet along the arterial street and only 20 feet back from existing right-of-way of the arterial street measured along the center line of the minor street, driveway, accessway, instead of the sight distance stated above.
(f)
A typical clear sight triangle (for intersections and driveways) is attached below.
 |
 |
(22)
Loop roads.
(a)
A loop road shall not serve more than 24 lots.
(b)
The approach road that connects the loop road to an existing Township street shall not be more than 1,000 feet in length.
(c)
Only one loop road shall be permitted per subdivision or land development plan regardless of the number of phases of the plan. A plan that combines both a subdivision and land development is likewise only permitted to have one loop road.
C.
Blocks.
(1)
Block length and width or acreage within bounding roads shall be such as to accommodate the size of lots required in the area by Chapter 350, Zoning, and to provide for convenient access, circulation, control and safety of street traffic.
(2)
As far as practicable, blocks should have a maximum length of 1,600 feet and a minimum length of 500 feet.
(3)
In blocks over 1,000 feet long pedestrian crosswalks may be required in locations deemed necessary by the Planning Commission, such walkways shall be 10 feet wide and be straight from street to street.
(4)
For group or multiple housing and block size shall be sufficient to meet all area and yard requirements for such use.
D.
Lots.
(1)
All lots shall abut on a street. Further flag pole lots shall be allowed only as defined herein.
(2)
Sidelines of lots shall be at approximately right angles to straight streets and on radial lines on curved streets. Some variation from this rule is permissible, but pointed or very irregular lots shall not be allowed. Easement width should be noted (e.g., minimum of 25 feet on each side of the top of waterway bank).
(3)
Double frontage lots should not be platted except that, where desired along arterial streets, lots may face on an interior street and back on such thoroughfares. In that event, a planting strip, or a planting screen, at least 20 feet in width, shall be provided along the back of the lot.
(4)
Lot areas, width and depths shall conform to the lot density and other requirements of Chapter 350, Zoning, of the Code of the Township of Upper Mount Bethel. Where evidence indicates that the minimum lot size requirements specified in any applicable zoning ordinance are not adequate to permit the installation of individual on-lot water supply and/or sewage disposal facilities and an alternate system pursuant to § 298-20D(5), the Commission shall require that the applicant make such tests as are necessary to determine the adequacy of the proposed facilities in relation to the proposed lot size, existing grade and soil conditions. In all such cases, a certificate by the Township's certified Sewage Enforcement Officer or an engineer indicating that the proposed facilities are adequate shall be prerequisite to the final approval in size to insure the public's health, safety and general welfare.
(5)
All newly proposed lots (except those in which a residual tract waiver is granted) shall be required to provide both a fully tested and approved primary and a fully tested and approved replacement absorption area for on-lot sewage disposal. This replacement area shall remain available for use in the event that the primary disposal area fails, and this replacement area shall not be subject to any natural features or any structural improvements (including, inter alia, a building, wall, fence, fixture or other structure) which would preclude or alter its use, operation or function. Further, the word "approval" means approved by all governmental agencies for which on-lot sewage system approval is required.
E.
Easements.
(1)
Exterior perimeter easements shall be 15 feet and interior perimeter easements shall be 10 feet both sides and 10 feet along a street right-of-way. The easements shall be provided as necessary for utilities.
(2)
Where a subdivision is traversed by a watercourse, there shall be provided a stormwater easement or drainage right-of-way conforming substantially with the lines of such watercourse, and such further width for maintenance or construction or both, as will be adequate for the purpose.
F.
Building setback lines, minimum yard and driveways.
(2)
Driveways.
(a)
The edge of a driveway shall be at least 10 feet from the street side lot line and at least 10 feet from the side lot line in order to allow for a minimum ten-foot utility easement strip along the edge of the roadway and the side boundaries of the property.
(b)
Driveways shall not impede roadside swale or gutter flow.
(c)
Maximum grade of driveway shall be 12%, with a maximum grade of 7% for the first 25 feet from the street right-of-way line.
(d)
Minimum driveway width shall be 10 feet; maximum driveway width at the intersection with the street right-of-way shall be 16 feet.
(e)
No more than two drive entrances having a minimum separation of 60 feet shall be approved for a single-family residential lot.
(f)
Plan shall show available sight distance for all proposed driveways.
G.
Natural features. Natural features such as trees, hilltops, surface water resources, wetlands, groundwater recharge areas, hydrogeologic features, habitats, views and other features listed in the Township Comprehensive Plan, April 2001, and the Lehigh/Northampton Counties Natural Areas Inventory shall be preserved whenever possible in designing a subdivision containing such features. To ensure the protection of natural features, the applicant shall submit a natural resource inventory and/or environmental impact assessment as required by this chapter along with adhering to the environmental protection requirements of Chapter 350, Zoning, of the Code of the Township of Upper Mount Bethel, and the policies contained in the Natural Features Component of the Township Comprehensive Plan, April 2001.
H.
Park, recreation and open spaces. This section shall only apply to plans that would result in the creation of new lots. (The original and remaining tract of a subdivision or land development plan shall not be considered a "new lot" unless that original remaining tract is further subdivided or developed.) It is the purpose of this section to implement the language contained in the Pennsylvania Municipalities Planning Code, 53 P.S. § 10503(11), and thereby provide needed park, recreation/open space to accommodate growth or the payment of fees in lieu thereof.
(1)
Mandatory dedication. The Township shall require that any plan that would result in the creation of one or more new lots shall dedicate a minimum of 0.05 acres of park and/or open space per every one acre or 250 square feet per each occupant of the proposed development, whichever is greater, to the Township prior to final plan approval.
(2)
Fee in lieu. As an alternative to dedication, the Township shall require the applicant to pay a fee in lieu of such dedication. The payment of the fee in lieu of mandatory dedication shall be at the discretion of the Township (and not the applicant) so that the applicant shall be required to pay same if so directed by the Township. The fee shall be $2,000 and the payment of this fee is due and payable, in full, at the time of final plan approval (conditional or otherwise) of an application for subdivision and/or land development, and the fee shall be charged per each new equivalent dwelling unit (EDU) of residential construction (whether that construction be a single-family dwelling, duplex dwelling, multifamily dwelling, townhouse, row home, apartment building or similar residential dwelling structure) and not solely on the number of newly created lots.
[Amended 6-11-2007 by Ord. No. 2007-03]
(3)
These provisions shall apply to all plans filed or building permits applied for after the effective date of this chapter.
(4)
Park recreation and open space design requirements. In general, parklands and open spaces provided for by this section shall involve areas for active recreational pursuits accessible to the subdivision or development in question. However, passive recreational areas (e.g., natural areas, greenway trails, nature trails) may be substituted if an existing, accessible and active parkland is already serving the proposed developments. Active parkland shall not include land with resource limitation such as floodways, waterways, wetlands or slopes greater than 15%. Accordingly, the following design requirements shall apply:
(a)
The site shall be located and designed so that safe and convenient access shall be provided to all existing and proposed residents of the subdivision or development. Additionally, each site shall have at least one area available for vehicular access that is no less than 24 feet in width.
(b)
The site shall be sized and configured so as to accommodate its intended uses. Sufficient lot length/width/depth dimensions shall be provided so as to accommodate, where practicable, ball fields, courts, and other open play areas. Furthermore, should a subdivision or development be proposed at a location contiguous to an existing park, dedicated parklands should be provided, where practicable, as an expansion of the existing facility.
(c)
The site shall have suitable topography and soil conditions for use and developments as active or passive play areas. Any unimproved site shall be provided with a healthy and vibrant and native grass ground cover.
(d)
The site shall be located and designed to conveniently access proximate public utilities (e.g., sewer, electric, so forth). However, no part of any overhead utility easement, nor any aboveground protrusion of an underground utility, should be permitted in active play areas of the site.
(e)
No part of the site shall be calculated as part of any required setback, yard, and/or open space for adjoining lots or uses as regulated by this chapter or Chapter 350, Zoning.
(f)
In special instances, the Township Board of Supervisors may waive any or all of the preceding design standards. In such instances, the applicant must demonstrate that the public will be better served by some alternate design that would accomplish at least one of the following objectives:
[1]
Protection of important natural resources (e.g., streams, ponds, wetlands, steep slopes, woodlands, unique geologic features, wildlife habitats, aquifer recharge areas so forth).
[2]
Protection of important historical and/or archaeological sites.
[3]
Integration of greenbelts throughout the development that link residences with on-site or adjoining parks, schools, or other similar features.
(g)
Park, recreation and open space capital reserve fund. Any funds collected as fees in lieu of dedication of parks, recreation and/or open space shall be deposited in an interest-bearing account. This account shall be separate from other municipal accounts and shall be clearly identified for the purpose of funding the acquisition and development of recreation facilities. Interest earned on all monies deposited in such accounts shall become funds of that account. Funds from such accounts shall be expended at the discretion of the Board of Supervisors in properly allocable portions of the cost incurred to design, construct or acquire the specific park and/or recreation facilities that will benefit the subdivision or development from which they were collected. Upon request of any person who paid any fee under this section, the Township shall refund such fee (plus interest accumulated thereon from the date of payment) if the Township has failed to utilize the fee for the purposes set forth herein within three years from the date the fee was paid.
J.
School bus loading and unloading zones. In order to assure the safe and orderly loading and unloading of school age children who live in a residential subdivision or development, the plan must provide for an area (adjacent to but off of the roadway) that allows parent vehicle parking and enables children to get off and on a school bus safely and efficiently.
(1)
The area shall be a base surface of sufficient strength and durability to accommodate parking of motor vehicles and pedestrian travel. The space provided shall be equivalent to one parking space (9.5 inches wide and 19.0 feet long) for every four lots that are depicted on the plan.
(2)
The above zone is required since it has been the policy of the Bangor Area School District not to allow school buses to travel on undedicated roadways or private roadways within the Township. If the applicant can show, in writing and certified by the School District, that the School District will allow its buses to travel and load/unload children within the roadways proposed by the development (whether before or after dedication of the roadways is accepted by the Township), the applicant may request a waiver or modification of this requirement.
L.
Four-step design process. All residential subdivisions containing greenway land shall follow the four-step design process described below. Applicants are required to document the design process as on an optional sketch plan or mandatory preliminary plan.
[Added 3-30-2009 by Ord. No. 2009-03]
(1)
Step 1: delineation of greenway land, including stormwater and wastewater management areas. General locations for greenway land, including stormwater and wastewater management areas, shall be delineated according to the following procedure:
(a)
Using the ERSA plan as a base map, primary and secondary conservation areas shall be delineated consistent with the Map of Potential Conservation Areas.
(b)
Greenway land shall include all primary conservation areas plus enough acreage within the secondary conservation areas to meet at least the minimum total acreage requirement for greenway land set forth in § 350-24I of Chapter 350, Zoning.
[1]
The applicant shall prioritize natural and cultural resources in terms of their highest to least suitability for inclusion in the proposed greenway land in accordance with § 298-20M(1), Prioritized list of resources to be conserved, and § 298-20M(2), Other design considerations.
[2]
The locations and boundaries of primary conservation areas shall follow the actual boundaries of floodplains, wetlands and steep slopes over 25%.
[3]
The locations and boundaries of secondary conservation areas shall be based on the priorities established above and practical considerations given to the tract's configuration, its context in relation to resources areas on adjoining properties, and the applicant's subdivision objectives. Those parts of the secondary conservation areas with the highest resource significance shall be included in the greenway land. The applicant shall also be guided by any written recommendations provided by the municipality regarding the delineation of secondary conservation areas lands, following the site inspection or the presketch conference.
[4]
Greenway land shall be delineated in a manner clearly indicating greenway land boundaries as well as the types of resources included within them.
(c)
Preferred locations for stormwater and wastewater management facilities shall be identified using the ERSA plan as a base map.
[1]
The design of these facilities should strive to use the natural capacity and features of the site to facilitate the management of stormwater and wastewater generated by the proposal.
[2]
Opportunities to use these facilities as a buffer between the proposed greenway land and development areas are encouraged.
[3]
Stormwater management facilities should be located in areas identified as groundwater recharge areas.
[4]
Wastewater facilities shall comply with the requirements of the Upper Mount Bethel Township Sewage Facilities Plan Update.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
[5]
These facilities located within the greenway land may be counted toward the minimum greenway land requirement only if they meet the requirements of § 350-24K(1)(h) in Chapter 350, Zoning.
(d)
Development areas constitute the remaining lands of the tract outside the greenway land, where dwellings, streets, and lots are to be delineated in accordance with Steps 2, 3, and 4 below.
(2)
Step 2: locations for dwelling units. Dwelling units shall be tentatively located, using the proposed greenway land from Step 1 as reference and orientation as well as other relevant data on the ERSA plan. Dwelling units shall be sited to:
(a)
Fit the tract's natural topography;
(b)
Be served by adequate water and sewerage facilities;
(c)
Provide views of and access to adjoining greenway land;
(d)
Avoid encroaching upon greenway land in a manner visually intrusive to users of such areas; and
(e)
Be located at least 100 feet from primary conservation areas and 50 feet from secondary conservation areas.
(3)
Step 3: alignment of streets and trails.
(a)
Once dwelling units have been located, applicants shall delineate a street system that provides a safe pattern of vehicular and pedestrian access to each dwelling unit. Streets and trails shall conform to the tract's natural topography and provide for a safe pattern of circulation and ingress and egress to and from the tract.
(b)
Streets and driveways crossing wetlands and traversing slopes over 15% shall be avoided, to the greatest extent practicable.
(c)
Street connections are encouraged in order to minimize the number of new culs-de-sac to be maintained by the municipality and to facilitate easy access to and from homes in different parts of the tract and on adjoining parcels.
(d)
Lots, except conservancy lots, shall be accessed from the internal road network.
(e)
A tentative network of trails shall be shown, connecting streets with various natural and cultural features in the greenway land. Potential trail connections to adjacent parcels shall also be shown.
M.
Design process for open space or greenway lands.
[Added 3-30-2009 by Ord. No. 2009-03]
(1)
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 § 298-28B herein, the resources identified on the Map of Potential Conservation Lands and, to the fullest extent possible, incorporate any of the following resources if they occur on the tract (listed in order of significance):
(a)
Stream channels, floodplains, wet soils, swales, springs and other lowland areas, including adjacent buffer areas which may be required to insure their protection.
(b)
Significant natural areas of species listed as endangered, threatened, or of special concern, such as those listed in the Statewide Natural Diversity Inventory.
(c)
Moderate to steep slopes, particularly those adjoining watercourses and ponds, where disturbance and resulting soil erosion and sedimentation could be detrimental to water quality.
(d)
Healthy woodlands, particularly those performing important ecological functions such as soil stabilization and protection of streams, wetlands and wildlife habitats.
(e)
Areas where precipitation is most likely to recharge local groundwater resources because of topographic and soil conditions affording high rates of infiltration and percolation.
(f)
Hedgerows, groups of trees, large individual trees of botanic significance, and other vegetational features representing the site's rural past.
(g)
Class I, II and III agricultural soils as defined by the USDA Natural Resource Conservation Service.
(h)
Historic structures and sites.
(i)
Visually prominent topographic features such as knolls, hilltops and ridges, and scenic viewsheds as seen from public roads (particularly those with historic features).
(j)
Existing trails connecting the tract to other locations in the municipality.
(2)
Other design considerations. The configuration of proposed greenway lands set aside for common use in residential subdivisions shall comply with the following standards:
(a)
They shall be free of all structures except historic buildings, stone walls, and structures related to open space or greenway uses. The Township 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).
(b)
They shall generally not include parcels smaller than three acres, have a length-to-width ratio of less than 4:1, or be less than 75 feet in width, except for such lands specifically designed as neighborhood greens, playing fields or trail links.
(c)
They 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.
(d)
They shall be suitable for active recreational uses to the extent deemed necessary by the Board of Supervisors, without interfering with adjacent dwelling units, parking, driveways, and roads.
(e)
They shall be interconnected wherever possible to provide a continuous network of greenway lands within and adjoining the subdivision.
(f)
They shall provide buffers to adjoining parks, preserves or other protected lands.
(g)
Except in those cases where part of the greenway is located within private house lots, they 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 municipality. Provisions should be made for access to the greenway lands, as required for land management and emergency purposes.
(h)
They shall be undivided by public or private streets, except where necessary for proper traffic circulation.
(i)
They shall be suitably landscaped either by retaining existing natural cover and wooded areas and/or according to a landscaping plan to protect greenway resources.
(j)
They shall be made subject to such agreement with the Township and such conservation easements duly recorded in the office of the County Recorder of Deeds as may be required by the governing body for the purpose of preserving the common open space for such uses.
(k)
They shall be consistent with the Township's Comprehensive Plan and its Comprehensive Recreation, Parks and Open Space Plan.
(l)
At least 2% to 3% of the required greenway lands shall be in the form of neighborhood or interior greens. A green is typically 5,000 square feet to 20,000 square feet in area, with a maximum area of 32,000 square feet. The minimum percentage of greenway land in the form of greens shall be determined as follows: a) 2% of the required greenway land when the average lot size is 15,000 square feet or more; or b) 3% of the required open space when the average lot size is less than 15,000 square feet. A neighborhood green shall be created and maintained as the open space around which dwellings are arranged. Dwellings shall face the green with the front facade of the dwelling.
(m)
At least 50% of the dwelling units shall face the required greenway lands, with the front facade of the dwelling either directly, or across a street.
(3)
Ownership and maintenance.
(b)
Noncommon private ownership of designated open space or greenway lands.
[1]
Designated open space or greenway lands may be retained in ownership by the applicant or may be transferred to other private parties subject to compliance with all standards and criteria for designated greenway lands herein. Such greenway lands shall be permanently restricted from future development through a conservation easement and the Township shall have the ability to enforce the easement restrictions.
[2]
All or portions of the designated greenway lands may be included within an individual lot where deemed appropriate by the Board (for example in the case of a working farm). The Board may require that responsibility for maintenance of the privately owned designated greenway lands be placed upon the owners of said greenway lands.
N.
Dedication of land set aside for public use.
[Added 3-30-2009 by Ord. No. 2009-03]
(1)
Land set aside for public recreational use and the fee in lieu alternative. The following standards shall apply to new subdivisions. All actions by the Board of Supervisors under this section must also be consistent with the provisions of the state enabling legislation.
(a)
Applicants for new residential developments involving 10 or more dwelling units shall be required to set aside 5% of their gross tract acreage as undivided recreational land designated for public usage. Such land shall be suitable, at a minimum, for passive recreation. If active recreation uses are proposed by the applicant, at least half of the land set aside shall be suitable for active sports.
(2)
In lieu of a set aside for public usage, two alternatives exist for the applicant proposing subdivision involving 10 or more dwellings:
(a)
The applicant may offer a set aside limited to recreational usage by the residents of the proposed subdivision. If land is set aside in this manner for private recreational use, it shall also be permanently protected through a conservation easement enforceable by the municipality and/or a land trust, prohibiting future nonrecreational (or commercial recreational) uses.
(b)
The applicant may offer to pay a fee to the municipality in lieu ("fee in lieu") of any recreational land set aside. Situations in which it would be appropriate for the municipality to accept such offers include cases where the land would not provide a particular public benefit because of its small size or location. Exceptions to this rule, where public use of relatively small land areas would still be appropriate, include situations in which the land could be used to buffer or extend public parks or public school grounds, or could provide potential linkage in a future Township trail network.
(c)
The decision whether to accept a fee in lieu offer by the applicant shall lie with the Board, which shall also establish the amount of the fee in lieu, based upon the municipality's estimated cost of acquiring land that is similar in area and attributes, which would better serve public recreational needs. In appraising alternative sites, the Township shall be guided by the site selection criteria contained in its Combined Recreation, Public Parks and Open Space Plan. Such estimates shall be based on discussions with realtors or appraisers familiar with land values in the locality. All such fees collected shall be deposited in an interest-bearing account earmarked for recreational land or facility provision by the municipality, and the applicant shall be informed of the use to which the fee will be put. Alternatively, the Board may establish a flat fee (based on discussions with realtors or appraisers familiar with land values in the area) for general use with subdivision applicants.
(d)
In Option 3 and 4 subdivisions involving fewer than five dwelling units where, in the judgment of the Board, there would be no particular public benefit accruing from a public dedication (as described above), or from a set aside for shared private recreational usage among the subdivision lot owners, the applicant may offer to place a conservation easement on certain areas of land within individual house lots where certain environmentally sensitive features are present, without conferring common access rights or privileges for the subdivision residents or the broader public. The percentage of land that is thus protected shall generally be not less than 20% of the gross land area of the subdivision. This land may be access-restricted not only from the public but also from other residents in the subdivision.
(e)
In Option 1 and 2 subdivisions with fewer than 10 dwelling units, where there would be no particular benefit accruing from a public dedication (as described above), the recreational land that is part of the requirement for undivided open space shall be designated for private shared recreational usage among the subdivision lot owners.
O.
Resource conservation standards for site preparation and cleanup.
[Added 3-30-2009 by Ord. No. 2009-03]
(1)
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 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 and shall be maintained throughout the period of construction activity.
(2)
Protection of vegetation from grading change. Grade changes to occur at any location of the property shall not result in an alteration to soil or drainage conditions which would adversely affect existing vegetation to be retained following site disturbance, unless adequate provisions are made to protect such vegetation and its root systems.
(3)
Protection of vegetation from excavations.
(4)
Protection of topsoil.
(a)
No topsoil shall be removed from the site.
(b)
Prior to grading operations or excavation, topsoil in the area to be disturbed shall be removed and stored on-site.
(c)
Topsoil removed shall be redistributed and stabilized as quickly as possible following the establishment of required grades for a project or project phase. All exposed earth surfaces shall be stabilized by hydroseeding on slopes of less than 10%, and by sodding, hydroseeding, or riprap on slopes exceeding 10%.
(d)
Grading and earthmoving operations shall be scheduled to minimize site disturbance during the period from November 1 to April 1, when revegetation of exposed ground is difficult.