Article VI Improvement Design and Construction Standards

The length, width and shape of blocks shall be determined with due regard to the provision of adequate sites for the type of buildings proposed, applicable zoning requirements, topography, and the requirements for safe and convenient vehicular and pedestrian circulation. In general, blocks shall not be less than 500 feet in length nor exceed 1,600 feet.

Where deemed appropriate by the Township, a walkway, with a right-of-way width of not less than 12 feet and a surfaced width of not less than five feet, may be required to afford pedestrian access to schools, playgrounds, shopping centers, or other places of public assembly. The surface of such walkway shall be determined on a case-by-case basis.

Residential blocks shall be of sufficient depth to accommodate two tiers of lots, except where reverse frontage lots are necessary; in the case of residential cluster development layouts; or where topographic conditions or other property limitations effectively prevent such design.

Lots.

All lots shall conform to the minimum area and width requirements contained in Chapter 490, Zoning, and to the related requirements of the Pennsylvania Sewage Facilities Act[1] and all other applicable state and local sewage and water regulations.

Editor's Note: See 35 P.S. § 750.1 et seq.

Lot size, dimension and the placement of lots within blocks shall be such that they provide the largest amounts of usable open space for the users thereof; the most economical provision of services; and the most advantageous relationship with the site's natural topography and vegetation.

All lots shall abut a public street or shall have access to a public street via a private street or right-of-way no less than 50 feet in width, except in the case of a lot being added to and becoming a part of an adjacent existing lot with road frontage.

In general, side lot lines should be at right angles or radial to street lines. Lots located on cul-de-sac turnarounds or curves in the road or lots of unusual shape may have lot widths of less than those required in Chapter 490, Zoning, provided that the average of the front and rear lot line is equal to or greater than the required lot width. In no case, however, shall the front lot line have a width less than 50 feet.

Double-frontage lots shall be avoided, except where essential to provide separation between residential developments and collector or arterial streets or to overcome topographic or orientation disadvantages. Where double-frontage lots are permitted, a buffer yard with suitable screen planting, at least 10 feet in width, shall be required along the side of the property adjacent to the thoroughfare or other inharmonious use, across which there shall be no right of access.

A parcel being subdivided for the purpose of being added to an existing, adjacent lot of record shall not be subject to the minimum lot size or soils testing requirements of this chapter, provided that a note indicating the parcel's addition status is placed on the plot plan and the existing lot and the addition are combined into a single deed of record. The plan note shall also include a reference to the Deed Book and Page Number of the existing parcel. If both parcels are described separately in the same deed, then notes shall be placed on the plan and in the deed indicating the total acreage of the combined parcels and that both lots are to be considered as one for subdivision purposes. In this manner, the purchaser is precluded from subsequent conveyance of the acquired addition without prior approval under the terms and conditions of this chapter.

Building setback lines.

All buildings shall be set back in accordance with the minimum standards contained in Chapter 490, Zoning.

The straight alignment of dwellings along established minimum front setback lines shall be discouraged and instead, varying structure setbacks shall be encouraged to promote variety and avoid monotony in development design.

§ 415-32 Streets and driveways.

Street system classifications.

The State Highway System includes all public streets and highways operated and maintained by the PA Department of Transportation (PennDOT).

The municipal street system includes all public streets and roads owned and maintained by Porter Township. Subdividers or developers proposing public dedication of streets within a subdivision shall submit road design and construction plans which meet the Township's minimum specifications as a part of the plan submission process. In instances where the Township agrees to accept a road constructed within a subdivision or development, a deed dedicating the street and its right-of-way to the municipality shall be recorded with the final plan or shall be recorded upon completion of the street construction and approval by the Township Engineer, as applicable. (See also § 415-29 of this chapter.)

Private streets include all streets not dedicated, accepted, and maintained as public streets. Private streets may be permitted where the following conditions are met:

Private streets shall be designed and constructed in accordance with the standards and specifications contained in Tables 1 and 2 of this chapter.[1]

Editor's Note: Tables 1 and 2 are included as attachments to this chapter.

A survey of the center line of the private street shall be shown on the plot plans along with a notation identifying the street and its right-of-way as being private.

The subdivider shall include a Use and Maintenance Agreement in each deed, lease, or conveyance prescribing the width of the street right-of-way, its location, and setting forth an arrangement between the subdivider and buyer or lessee for improvement and maintenance of the private roadway. A copy of any such agreement shall be submitted to the Township for review and approval along with the subdivision or land development plans.

Where an existing private street or right-of-way is proposed to provide access to a new subdivision, the subdivider shall prepare a Use and Maintenance Agreement and have it signed by all property owners using the existing roadway if such an agreement is not included in their existing deeds. Where such an agreement is secured, it shall be recorded with the final plan and shall describe the width of the street right-of-way, its location in accordance with the standards of this chapter, and shall set forth arrangements for maintenance of the private roadway. A copy of any such agreement shall be submitted to the Township for review and approval along with the subdivision or land development plans.

Where such an agreement can not be secured, despite a bona fide effort on the part of the subdivider, the Township may consider the proposed subdivision or land development plans with a Use and Maintenance Agreement signed by all users of the private street in the new subdivision or land development. A copy of any such Agreement shall be submitted to the Township for review and approval along with the subdivision or land development plans. The approved agreement shall then be incorporated into each deed, lease or conveyance for the development. (See also § 415-32G for applicable construction standards for private streets.)

Access permit requirements.

In order to protect public safety, the Township may limit access onto a public street or highway to specific locations and may require such locations to be shown on the plot plan.

A highway occupancy permit must be issued by the PA Department of Transportation (PennDOT) before construction of access onto any state highway can be initiated. Where any such access is proposed as part of a subdivision or land development proposal, the subdivider shall submit a copy of the PennDOT Highway Occupancy Permit to the Township along with his subdivision or land development plans. Where the location of such access is not known at the time of subdivision plan submission, a note shall be placed on the plans indicating the need to obtain this permit prior to the initiation of driveway construction. (See also § 415-32J.)

A driveway permit must be issued by the Township before construction of access onto a Township street can be initiated. In instances where new street intersections are proposed as part of a subdivision or land development proposal, the subdivider shall include a copy of the Township driveway permit as a part of his plan submission. Where the location of specific driveway accesses is not known at the time of subdivision plan submission, a note shall be placed on the plans indicating the need to obtain such permit prior to the initiation of driveway construction. (See also § 415-32J.)

General street system standards.

All subdivision or land development plans shall extend or continue existing public rights-of-way at a width no less than the minimum specified by this chapter.

Local streets within a new development or subdivision shall be laid out to discourage through traffic. However, provision for the extension and continuation of streets into and from adjoining areas may be required.

Where a subdivision or land development abuts or contains an existing or proposed arterial or collector street, the Township may require marginal access streets, reverse frontage lots, or such other treatment as will provide protection for abutting properties; reduction in the number of intersections with the arterial or collector street; and separation of local and through traffic.

Where the lots in a development are large enough for resubdivision, or if a portion of the tract is not subdivided, suitable access and street openings for such an eventuality shall be provided.

Street design standards. (See also Illustration I of Appendix A.)[2] Minimum design standards for streets serving residential, commercial, institutional, and industrial development are shown on Table 1 and are further detailed in the following subsections. (See also PennDOT's Publication 70, Guidelines for the Design of Local Roads and Streets, or most current standards.)

Provision for additional street right-of-way may be required by the Township for public safety and convenience, or for access to off-street parking in commercial and industrial areas and in areas of high-density residential development.

In addition to the minimum street grade and alignment standards shown in Table 1,[3] the following requirements shall also be applied:

Whenever street lines deflect from each other at any point, connection shall be made by horizontal curves with minimum center line radii no less than those shown on Table 1.

Vertical curves shall be used in changes of grade exceeding 1%. The minimum length of all vertical curves for local streets and minor collector streets shall be 200 feet, and 400 feet for major collectors and arterial highways.

Proper sight distance shall be provided with respect to both horizontal and vertical alignments as established in Table 1.

Street grades shall be as established in Table 1.

Street crown grades shall be 1/4 inch to 3/8 inch per foot for paved streets and 3/8 inch to 1/2 inch per foot for stabilized streets, except where super-elevated curves are used. Shoulder grades shall not exceed 3/4 inch per foot.

Editor's Note: Table 1 is included as an attachment to this chapter.

Editor's Note: Appendix A is included as an attachment to this chapter.

Intersections.

Streets shall be laid out to intersect as nearly as possible at right angles, and no street shall intersect any other at less than 60°. Multiple intersections involving the junction of more than two streets shall be avoided where at all possible.

Where the grade of any private or public street at the approach to an intersection exceeds 6%, a leveling area shall be provided having a grade no greater than 4% for a distance of 25 feet measured from the nearest right-of-way line of the intersecting street.

The maximum grade within any intersection shall not exceed 1% in any direction.

The edge of pavement radius for the intersection of two local streets shall be 35 feet, 50 feet for the intersection of a local and collector street, and 50 feet for the intersection of two collector streets or a collector street and an arterial highway. Curb radii for the intersection of two local streets shall be 15 feet, 25 feet for the intersection of a local and collector street, and 35 feet for the intersection of two collector streets or a collector street and an arterial highway. The curb radii for driveway intersections shall be no less than 10 feet.

Clear sight triangles shall be provided at all street intersections. At all street and/or driveway intersections, no significant obstructions or plantings (including streetlights or utility poles) measuring higher than 30 inches or hanging lower than eight feet above road grade shall be permitted within this area. The area required for such clear sight triangles shall be as provided below and shall be measured from the point of intersection of the street and/or driveway center lines. (Sight distance shall be measured at a height of four feet above road surface.)

Streets. For the intersection of two local streets, the minimum distance required shall be 75 feet; for the intersection of a local street and a collector street, the minimum distance shall be 100 feet; and for the intersection of two collector streets or a collector street and an arterial highway, the minimum distance required shall be 150 feet.

Driveways. For the intersection of a street and a driveway, the minimum distance between center lines shall be 50 feet where the street involved is a local street; 75 feet where a collector street is involved; and 100 feet where the street involved is classified as an arterial highway.

Streets intersecting on opposite sides of a street shall be laid out directly opposite each other, or where permitted by the Township, shall be separated by at least 200 feet between center lines.

(7)

Streets intersecting on the same side of a local street shall be separated by intervals of no less than 600 feet, measured from center line to center line, and no less than 800 feet when involving collector streets or arterial highways.

Cul-de-sac streets. Cul-de-sac streets may only be utilized in Porter Townships where "through" streets cannot be provided. When utilized, such streets must be designed to protect public safety and simplify maintenance. The standards set forth in Table 1[4] shall apply to the design of cul-de-sac streets in addition to the following requirements:

Cul-de-sac streets shall be a minimum of 250 feet in length and shall not exceed 1,600 feet in length nor serve more than 20 lots or dwelling units, whichever is less. Additional length may only be approved by the Township where such length is deemed to be in the best interest of the municipality, and where it is determined that such extension will cause no jeopardy to public safety.

All cul-de-sac streets shall be provided with a turnaround area which shall be graded and surfaced in the same manner as the street. Center islands shall be avoided in the design of turnaround areas, and parking shall also be prohibited in these areas.

Circular turnarounds shall be designed to include two, at-grade "storage" or "pull-off" areas intended to facilitate snow removal and road maintenance. Such areas shall be part of the right-of-way of the street and shall each be 50 feet in width and 100 feet in depth. They shall be situated at "12:00" and "3:00" at the head of the turnaround. No parking, driveways, trees or plantings, or utility poles or boxes shall be permitted in these areas. (See Illustration III of Appendix A for an illustration of this requirement.)[5]

Editor's Note: Appendix A is included as an attachment to this chapter.

Any street dead-ended for access to an adjoining property, or because of authorized staged development shall be provided with a temporary turnaround with a stabilized surface and an outside diameter of at least 100 feet. (The specific time period allotted for such temporary construction shall be set forth in an agreement between the Township and developer.)

Editor's Note: Table 1 is included as an attachment to this chapter.

Street construction standards. (See also Illustration I of Appendix A.) Minimum construction standards for public and private streets serving residential, commercial, institutional and industrial development are shown on Table 2,[6] and are further detailed in the following subsections.

All streets proposed for dedication to the Township shall meet the requirements set forth in Table 2 for local or collector streets at the time of dedication. (See also §§ 415-27 and 415-29 for additional dedication requirements.)

Streets shall be surfaced to the grades and dimensions shown on plans, profiles, and cross-sections submitted by the subdivider or developer and approved by the Township. Before finalizing street installation, the subdivider shall install any required utilities and provide adequate drainage facilities for the street in accordance with the requirements of §§ 415-32H, 415-37 and 415-38 of this chapter.

The pavement subbase, base, and wearing surface shall be constructed to the specifications contained in Table 2.[7] (See also PennDOT's Publication 70, Guidelines for the Design of Local Roads and Streets, or most current standards.) All components of the pavement structure shall meet the requirements specified in the most current version of PennDOT's Publication, Form 408.

[7]

Editor's Note: Table 2 is included as an attachment to this chapter.

Where low volumes of traffic are anticipated, the Township Supervisors may authorize the use of the alternate standards for construction of local streets as set forth in Table 2. At a minimum, all such streets shall meet the specifications of the State's Dirt and Gravel Roads Program and shall be reviewed and inspected by the Clinton County Conservation District prior to consideration of acceptance by the Township.

The subbase shall extend full depth through the shoulder width on each side of the proposed street. The subbase shall be composed of 2A coarse aggregate and shall be constructed to the depth set forth in Table 2.

[Amended 6-1-2009 by Ord. No. 61-6-2009]

Street shoulders shall be constructed to a compacted depth equal to the depth of the base and wearing surface of the street. The finished surface elevation of the shoulder shall meet the finished elevation of the edge of the cartway. (See Table 1[8] for minimum width requirements.)

[8]

Editor's Note: Table 1 is included as an attachment to this chapter.

(7)

In instances where access to a subdivision is proposed via a private street or right-of-way, the following construction standards shall apply:

Private streets serving one or two lots or dwelling units need not be constructed to meet specific standards, but shall provide a minimum right-of-way width of 50 feet.

Private streets serving three or four lots or dwelling units shall be constructed to the private street standards outlined in Table 2.[9]

[9]

Editor's Note: Table 2 is included as an attachment to this chapter.

Private streets serving five or more lots or dwelling units shall be constructed in accordance with the standards for local streets contained in Table 2.

All private streets being offered for dedication to the Township shall be constructed in accordance with the standards for local streets contained in Table 2.

Existing private streets proposed as access to a new subdivision or development must be constructed with a stabilized, all-weather driving surface in accordance with the standards of this chapter. An independent engineering analysis, paid for by the subdivider or developer, may be required by the Township to evaluate the capability of the existing road to accommodate the projected additional use generated by the proposed development.

Where additional development is proposed utilizing an existing private street or right-of-way, the total number of lots or dwelling units served by the private roadway shall determine the applicable construction standards. It shall be the responsibility of the subdivider or developer to improve the condition of the existing private street where such improvement is deemed appropriate by the Township. [See also § 415-32A(3)(d) regarding the use and maintenance of private streets.]

Editor's Note: Table 2 is included as an attachment to this chapter.

Curbs and drainage swales.

Curbs. Curbs shall be provided in those circumstances determined appropriate by the Township Supervisors. For local streets, curbs may be either the vertical or mountable type. No mountable curbs may, however, be used for collector or arterial streets. The transition from one type of curb to another shall be affected only at a street intersection. Where required, curbs shall be constructed of concrete, and may include pre-cast curb and gutter products as approved by the Supervisors, and shall include a minimum seven-inch reveal. Concrete curbs shall be provided with expansion joints every 20 feet. Curbs shall also conform to all applicable PennDOT and Township standards.

Drainage swales. In areas where curbing is not required or a waiver is granted by the Township Supervisors, stabilized drainage swales shall be provided along all new streets to avoid erosion and control runoff. These drainage swales, along with other drainage facilities, shall be designed to handle the runoff from the proposed development and areas of the drainage basin already accommodated. At a minimum, all erosion and sedimentation control standards set forth in Title 25, Chapter 102 of the PA Code, the Rules and Regulations of the Department of Environmental Protection, and the following specifications shall be met:

The side slope shall be a maximum of 2:1 horizontal to vertical ratio, 3:1 or flatter slope being desirable.

There shall be a rounded area with a cross-sectional dimension of two feet at the point of intersection of the shoulder and side slope.

The minimum depth of the swale shall be one foot below the outer edge of the shoulder.

The bottom of the swale shall have a rounded area with a cross-section dimension of four feet.

The minimum and maximum gradient of the drainage swale shall be 0.75% and 12%, respectively.

The swale shall be sodded, seeded or otherwise stabilized to avoid erosion problems as follows. Any portion of a swale which exceeds a 5% gradient shall have its bottom rounding area lined with stone to a depth below the finished grade equal to 1 1/2 times the average size of the largest stone used. For swales of 5% gradient, at least 25% of the stone used shall be eight inches or larger, 75% may be less than eight inches in size. For swales of 12% gradient, at least 25% of the stone used shall be 19 inches or larger in size. Drainage swales having a gradient between 5% and 12% shall use stones which are proportionately larger than the eight-inch stone used for the 5% gradient swale.

Drainage pipes. Where a new driveway is proposed to cross a drainage swale adjacent to a public or private street, a drainage pipe of adequate size and length shall be installed by the property owner underneath the driveway to handle the runoff. Where such intersections are to be created along a municipally owned or private street, Township officials shall determine the appropriate pipe size and length as a part of the local driveway permit process. Where a state-owned street is involved, PennDOT shall make the necessary determinations.

Street verge.

Sidewalks. Sidewalks may be required by the Township Supervisors, where, in their opinion, the type of development proposed or the character of the neighborhood warrants. Sidewalks shall be at least four feet in width; shall be constructed of reinforced concrete at least four inches in depth; and shall be laid on at least four inches of compacted gravel or stone. Sidewalks shall be scored in five-foot blocks with expansion joints generally every 20 feet, or as otherwise appropriate. Where driveways cross over sidewalks, sidewalks shall be a minimum of six inches in depth with welded wire fabric reinforcement. Pre-cast concrete sidewalks may also be approved for use by the Township. Sidewalks to be located within a state right-of-way shall be designed and constructed in accordance with PennDOT standards and specifications.

Street signs. Street signs shall be placed at all intersections at the expense of the subdivider or developer. The type, design, height and installation arrangements for such signs shall be subject to approval by the Township Supervisors. Street signs shall be erected prior to municipal acceptance of the street.

Street names. Names proposed for new streets shall not duplicate or resemble closely the name of any other existing street in the Township in order to facilitate and simplify emergency dispatching and response. Proposed streets in obvious alignment with others already existing and named, shall be given the name of the street they continue. All proposed street names shall be subject to approval by the Township, county emergency personnel, and the local post office, where necessary.

Street trees. Street trees shall be permitted to be located between the sidewalk and the building line of all new lots. No trees shall, however, be planted within the right-of-way of any public or private street, nor shall they be located within the clear sight triangle of any street or driveway intersection. At maturity, no part of any street tree shall be closer to a street or property line than five feet.

Streetlights. Where deemed necessary by the Township for safety reasons, a streetlight shall be installed at one corner of every intersection in a proposed development. Additional streetlights may be required at intervals determined appropriate by the applicable utility provider. Design, height and installation arrangements shall be subject to approval be the Township Supervisors.

Driveways and/or access drives.

All proposed lots or land developments shall be situated in such a fashion so that safe access onto a public or private road can be provided. The Driveway and Access Drive Design Guidelines set forth in Table 3 below shall be utilized to the greatest extent possible for the design and construction of driveways and/or access drives.

In a situation where significant potential safety hazards exist, such as excessive slope or areas of extremely limited sight distance, the Township may require, prior to granting final subdivision approval, that:

The subdivider construct the driveway or access drive in accordance with the requirements contained in Table 3 of this chapter;

The specific driveway or access drive location be shown on the plot plans; (see also § 415-32B); or

A deed restriction be placed on the future use of the lot requiring the provisions of Table 3 of this chapter to be complied with when a driveway or access drive is proposed for construction.

Driveways or access drives serving five or more lots, uses or dwelling units shall be designed and constructed in accordance with the standards for local streets set forth in Tables 1 and 2 of this chapter.[10]

[10]

Editor's Note: Said tables are included as attachments to this chapter.

Clear sight triangle requirements for driveways are set forth in § 415-32E(5) of this chapter.

Curb radii requirements for driveways are set forth in § 415-32E(4) of this chapter.

Where a lot fronts on both a local street and a collector street or arterial highway, driveway access shall be from the local street.

(7)

Driveways or access drives shall not intersect a street right-of-way within:

Five feet of a catch basin or drainage inlet;

Five feet of a property line, unless adjoining property owners mutually agree to a common drive location; nor

Fifteen feet of a fire hydrant.

Table 3 Driveway and Access Drive Design Guidelines
Type of Development	Min. Width (feet)	Max. Grade¹	Min. Curb Radius² (feet)	Min. Intervals³ (feet)	Min. Sight Distance⁴ (feet)
Single-unit residential	10	15%	10	40	150
Multiunit residential⁵	20	12%	15	200/75	200
Nonresidential uses	15 per lane	8%	15	200/100	300

NOTES:
¹	All driveways shall provide a stopping or leveling area having a grade less than or equal to 5% which extends 25 feet from the edge of the shoulder of the intersecting street. This leveling area shall intersect the street at an angle no less than 60°, preferably 90°.
²	Where dropped curbs are used to provide driveway access, the minimum width of the dropped curb shall be 20 feet for single-family residential uses and 35 feet for multifamily and nonresidential uses. The transition from the normal driveway width to the width with the dropped curb shall begin 10 feet back from the edge of the curb for residential uses and 15 feet back for multifamily and nonresidential uses.
³	Minimum intervals for single-family residential uses shall apply between an intersection and the first driveway only. For multifamily and nonresidential uses, the minimum interval between a street intersection and a driveway or access drive shall be 200 feet. Minimum intervals between any other points of access shall be 75 feet and 100 feet, respectively.
⁴	Minimum sight distance shall be measured from the point of intersection of the driveway center line and the street right-of-way line to a point at the specified distance on the cartway center line. No significant obstructions or plantings measuring higher than 30 inches or hanging lower than eight feet above road grade shall be permitted within this area.
⁵	For the purposes of driveway or access drive design, the multiunit residential design criteria shall be used for driveways or access drives serving two to five lots or dwelling units. Driveways or access drives serving more than five lots or dwelling units shall be designed and constructed in accordance with the standards for local streets set forth in Tables 1 and 2 of this chapter.[11]

[11]

Editor's Note: Said tables are included as attachments to this chapter.

§ 415-33 Open space/recreation area.

All subdivision and land development proposals meeting the thresholds set forth in this section shall be required to provide open space and/or recreation area(s) for the use and enjoyment of the occupants of their development in accordance with the following standards:

Where a proposed subdivision or land development of a tract contains 25 or more lots or dwelling units, whether such total is proposed initially or occurs over time as part of a phased development, the Township may require the reservation and/or dedication of up to 10% of the total area of the proposed development (or as may be required otherwise in this chapter or in Chapter 490, Zoning) for the common use of all residents of the development. Such reservation may be waived by the Township where the average lot size in a subdivision or land development is greater than 1/2 acre.

Any open space required by the Township shall be suitable for varied outdoor uses, including recreational activities. Such open space shall be located so as to be easily and safely accessible from all areas of the subdivision and shall be free of safety and health hazards. Open space may also be designed and situated to provide connection to other existing or proposed open space or recreation areas, and may include segments of the site containing unique characteristics or physical features, such as rock outcroppings, virgin or important tree stands, or other environmentally sensitive natural attributes. Portions of the area to be used for recreational purposes shall have suitable physical characteristics for varied recreational use, including well-drained soils, gentle topography, and suitable shape and size.

Where open space/recreation area is required by the Township, the subdivider or developer shall submit, with his subdivision or land development plan, a proposal indicating the type of recreation or related facilities to be installed or constructed in such area. Or, upon agreement of the developer, the Township may accept the payment of fees in lieu of said construction or installation from the developer. Such fees shall bear a reasonable relationship to the use of the open space and facilities by future inhabitants of the development and shall be used only for the purpose of providing park or recreation facilities accessible to the development. All fees collected by the Township shall be set aside for construction of specific recreation facilities identified as part of the approved subdivision. The Township shall utilize any such fees within three years from the date they were paid or the developer may request a refund. The Township may also require the developer to complete installation of such recreation facilities during the initial phases of his development to ensure their availability to residents as soon as possible.

Where open space/recreation area is provided, the subdivider shall submit, with his subdivision or development plans, a proposal which provides for the maintenance and ultimate ownership of such space. Where such open space is not dedicated to the Township or where such dedication is not accepted by the Township, an Agreement which assigns maintenance responsibilities for the open space and/or recreational facilities shall be approved by the Township, recorded with the final plan, and referenced in the deeds of each parcel within the development.

§ 415-34 Sewage facilities.

All subdivisions and land developments shall be provided with adequate sewage facilities. It shall be the responsibility of the developer to make the necessary arrangements and/or conduct the appropriate tests to determine that such facilities can or will be provided to handle the sewage generated by his development in accordance with the following standards:

General requirements.

In general, the type of sewage facilities to be provided shall be determined by the Township, giving consideration to the following order of preference:

Connection to a public sanitary sewer or other community sewerage system designed and constructed in accordance with the requirements of the PA Department of Environmental Protection (PA DEP), particularly where public sanitary sewers are available within 1,000 feet of the proposed property line of the development;

Provision by the developer of a complete private sanitary sewer or community sewerage system using a treatment plant, designed and constructed in accordance with the requirements of the PA DEP;

Individual on-lot sewage systems designed and constructed in accordance with the requirements of the PA DEP.

The judgment of the Township as to the method of sewage disposal to be used will be made after study and review of a sewage feasibility report submitted by the developer. The submission of such a report may be waived by the Township where it is deemed unnecessary. When required, however, such report shall be prepared by a registered professional engineer or other individual of demonstrated qualifications. In such cases, the Township may also require a written review and/or recommendation from the East Nittany Valley Joint Municipal Authority or other applicable Sewer Authority.

Planning requirements. Documentation which demonstrates that the subdivider/developer has adequately planned for sewage disposal within the proposed subdivision or land development shall be submitted with the initial plan (the preliminary or final submission, as applicable) or the subdivider/developer shall provide the Township with written documentation from the PA DEP or a designated local agency that the proposed subdivision/land development has received an exemption from the sewage planning process. Unless such an exemption is granted, the subdivider/developer shall submit the appropriate DEP Planning Module Component(s) to the Township along with plans for the proposed subdivision or land development. No final subdivision or land development plan shall be considered complete or filed with the Township until the applicant has provided the appropriate sewage facilities planning documentation.

Individual on-lot sewage systems.

All proposed subdivisions and land developments shall have appropriate soils testing performed by the municipal Sewage Enforcement Officer or a qualified soils scientist in accordance with PA DEP standards, unless connection to or provision of a sanitary sewer or community sewerage system is proposed by the developer. The location of all pit and percolation test sites shall be marked on the subdivision or land development plan, where individual on-lot sewage systems are to be utilized.

For single-lot subdivisions or for residual parcels created by the subdivision of other land, where the subdivider provides written documentation to the Township which demonstrates that the proposed subdivision or residue is not intended for development, the Township may waive the requirement for soils testing. (All appropriate PA DEP sewage planning requirements shall, however, still be met, including approval of Non-Building Waiver Request Forms, where applicable.) In such cases, plot plans shall be stamped or marked by the Township indicating that approved lots are "Not For Development." Prior to development, all such plans shall be resubmitted to the Township for approval and the requirements of this section shall be met in full at that time.

Where soils testing indicates that the soils of a site, lot or parcel will not accommodate an individual on-lot sewage system, the Township may approve a proposed subdivision, provided that the plot plans indicate which lot(s) has failed the soils testing. Further, these plans shall be stamped or marked by the Township indicating that such approved lots are "Not For Development" and that prior to development, plans for these lots shall be resubmitted to the Township for approval.

Sanitary sewer or community sewerage systems.

Where extension of an existing sanitary sewer or community sewerage system or construction of a new sanitary sewer or community sewerage system, either public or private, is proposed or required, the subdivider or developer shall provide the Commission with plans prepared by a registered professional engineer and a letter of certification indicating that the proposed facility has been designed in accordance with the standards of the PA Department of Environmental Protection (PA DEP) or a copy of the DEP-approved water quality permit for the facility. Where an existing sanitary sewer or community sewerage system is to be extended, the developer shall also submit a letter from the East Nittany Valley Joint Municipal Authority or other applicable Sewer Authority approving the plans for the proposed extension and indicating their intent to serve the subdivision or development, as part of the plan submission process.

Following construction where an existing sanitary sewer or community sewerage system is extended, the developer shall provide the Township with an approved inspection report from the East Nittany Valley Joint Municipal Authority or other applicable Sewer Authority indicating that such construction was completed satisfactorily. Where a privately owned community sewerage system is constructed, the developer shall provide the Township with documentation from the PA DEP or other qualified engineer/inspector, approved by the Township, which indicates that the facility was installed in accordance with the terms of the water quality permit. (The Township reserves the right to retain an independent registered professional engineer to certify that the sewerage facility has been properly constructed or installed. In this case, the subdivider or developer shall reimburse the Township for all reasonable expenses charged by the engineer for such inspection in accordance with the procedure established in § 415-61 of this chapter.)

A plan addressing the maintenance of all private sanitary sewer or community sewerage systems shall be made by the developer and furnished to the Township and the PA DEP for review and approval as a part of the subdivision or development plan submission process.

Where a public sanitary sewer system is not available to a subdivision or land development at the time of plan submission but is planned for construction at or near the development site within five years and will have the capacity to serve the development, the subdivider or developer shall install sewer lines, including lateral connections, to provide adequate service to each lot when connection to the public system is made. The sewer lines shall be capped at the limits of the subdivision and the laterals shall be capped at the street right-of-way. When capped sewers are provided, individual on-lot sewage systems shall also be permitted. The installation of such sewer lines and laterals shall also be subject to the inspection process set forth in Subsection D(2) above.

§ 415-35 Water supply.

All subdivisions and land developments shall be provided with a safe, adequate and potable water supply. It shall be the responsibility of the subdivider or developer to provide such service or assure that each lot to be developed or each dwelling unit proposed in his development can be provided with water utilizing one of the following methods:

Public water systems.

Subdivisions and land developments shall be connected to an existing public water system where connection to such system is feasible. Where the number of lots or dwelling units in a subdivision or land development exceeds 25, the Township may require installation of a community water system if it is not feasible to connect to an existing public system. In such instances, the Township may require the developer to submit a feasibility study prepared by a registered professional engineer or other qualified individual to show that the use of a public or community water system is not feasible.

If 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, the developer shall present evidence to the Township that water is to be supplied to the subdivision 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 PA Public Utility Commission or an application for such certificate, a cooperative agreement, or a commitment or agreement to serve the area in question, whichever is appropriate, shall be acceptable evidence.

New public water systems which are proposed to service new subdivisions or land developments shall be designed and constructed in accordance with the regulations of the PA Department of Environmental Protection (PA DEP). The developer shall submit to the Township a copy of the appropriate PA DEP approval letter or permit for construction and operation of the new public water system as a part of the subdivision or development plan submission.

Extensions to existing water systems which are proposed to service new subdivisions or land developments shall be designed and constructed in accordance with the regulations of the PA DEP. The developer shall submit to the Township a letter from the Porter Township Municipal Authority, the Nittany Water Company, or other applicable Water Authority approving the plans for the proposed extension to the existing system and indicating their intent to serve the development as a part of the subdivision or development plan submission.

Fire hydrants with sufficient pressure shall be provided as an integral part of any public water supply system and shall be placed at such locations as are deemed appropriate, based on the type of development proposed, but shall be no more than 600 feet apart. In addition, the Township may request that plans involving the provision of fire hydrants be reviewed by the local Fire Department to determine the suitability and adequacy of the proposed units and their placements.

Nonpublic water systems.

Where a proposed subdivision or land development involves the conveyance of lots served by a nonpublic water supply system or the development of a tract upon which an on-site well is to be provided to serve all or parts of the development, the subdivider or developer shall provide the Township with a letter or permit from the PA DEP which approves the construction and operation of the proposed system. This documentation shall be supplied to the Township as a part of the subdivision or land development plan submission.

A plan addressing the maintenance of the proposed nonpublic water supply system shall be made by the developer and furnished to the Township and the PA DEP as a part of the subdivision or development plan submission.

Individual on-lot wells.

Where neither a public or nonpublic water supply system is proposed by a developer to serve his development, individual on-lot wells shall be installed by each property owner. Where groundwater problems are known to exist, or where anticipated levels of development may result in water supply problems, the Township may require the developer to demonstrate that a reliable, safe and adequate groundwater supply exists to support the water usage demands of the proposed subdivision without detrimental effects upon existing adjacent water wells. (Supporting documentation must be provided by a qualified engineer or other professional of demonstrated capability; i.e., a hydrogeologist or hydrologist.) The standards set forth in the Safe Drinking Water Act[1] and other appropriate PA DEP regulations shall apply in such instances.

Editor's Note: See 35 P.S. § 721.1 et seq.

Individual on-lot wells shall be located at least 100 feet from the drain field of any individual on-lot sewage system.

§ 415-36 Utilities.

Plans for the location and installation of other utilities, including but not limited to, electric, gas, streetlight supply, cable television, and telephone, shall be approved by the Township and the applicable utility company. The location, width, and purpose of all utility easements shall be indicated on the subdivision or development plans. Utility easements shall have a minimum width of 10 feet, and where feasible, shall be located within the street right-of-way. Otherwise, such easements shall be located along rear or side lot lines to the extent possible. (Local utility companies shall be consulted by the developer when designing or locating easements.)

Letters from all appropriate utility companies indicating their ability to supply service for the proposed subdivision or land development shall be provided to the Township by the developer as a part of the subdivision or land development plan submission.

All utilities shall be installed underground in accordance with the PA Underground Utilities Act (Act 287 of 1974, as amended by Act 187 of 1996).[1] Utilities need not be installed underground however where a variance to the requirements of Act 287 has been granted by the PA Public Utilities Commission.

§ 415-37 Site preparation requirements.

Editor's Note: See 73 P.S. § 176 et seq.

Underground installation of the utility distribution and service lines shall be completed prior to street paving and storm drainage or curbing installation. All street rights-of-way and other easements where utility lines are to be installed shall be graded to within six inches of final grade before trenches are excavated.

All natural gas lines shall be installed in accordance with the ASA Code B31, 80 of 1958, as amended. The minimum separation distance from a natural gas line to a dwelling unit or structure shall be as required by the applicable transmission or distributing company.

All proposed dwelling units or structures shall be located at least 100 feet from the center line of any petroleum or petroleum products transmission line which traverses the proposed subdivision or land development, measured at the point of closest proximity.

The Township may require the installation of utilities prior to final plan approval where the cost of installation, including the cost of excavation for underground utilities, will not be completely paid by the utility company. In each case, the Township shall consider the procedures of the applicable utility company involved for the extension of utility service to lots within a new subdivision or land development. The Township may only permit the developer to delay the installation of utilities where the full cost of such installation is included as part of the developer's approved improvement agreement.

Erosion and sedimentation control. Effective soil conservation measures shall be planned and implemented for all subdivisions and land developments in accordance with the Rules and Regulations of the PA Department of Environmental Protection (PA DEP) (Pa. Code, Title 25, Chapter 102. Erosion Control/Earthmoving, or as may hereafter be amended) and the following criteria.

No changes shall be made in the contour of the land; no grading, excavating, removal or destruction of the topsoil, trees or other vegetative cover of the land shall be commenced unless adequate provisions are made by the landowner for minimizing soil erosion and sedimentation.

For the purposes of this chapter, a complete erosion and sedimentation control plan as outlined in the most current edition of the Erosion and Sediment Pollution Control Program Manual, developed by the Bureau of Soil Conservation of the PA DEP, shall be prepared by an individual of demonstrated capability for subdivisions or land development proposals where:

More than one acre will be disturbed to develop the site (including construction of the dwelling, driveway and sewage system, etc.);

Site improvements are involved;

Major earthmoving activities are proposed;

Disturbances are proposed for areas of steep or severe slope or for areas adjacent to streams or water bodies;

The proposal involves any commercial, institutional or industrial use;

The site is located within Fishing Creek Watershed; or

Where such is deemed appropriate by the Township.

When required, Erosion and Sedimentation Control Plans shall be submitted by the developer to the Township along with preliminary or final subdivision or land development plans, as appropriate. A copy of the plan shall then be forwarded by the Township to their Engineer, the Clinton County Conservation District, and as necessary, to the PA DEP, for review and acceptance prior to approval of the proposed subdivision or land development. [See also § 415-20B(2)(b) for review procedures.]

Where appropriate, a notice may be required to be placed on all final subdivision and land development plans indicating that future property owners or developers must meet the Erosion and Sedimentation Control requirements of the PA DEP before lot development is initiated.

Whenever sedimentation results from stripping vegetation, grading, regrading or other activity, it shall be the responsibility of the person, corporation or other entity causing such sedimentation to remove it from all adjoining surfaces, drainage systems and watercourses and to repair any damage at his expense according to the time frame specified by the Township. (All state-mandated permits shall be obtained by the contractor before initiating work in a stream or watercourse.)

Where construction activities associated with a subdivision or land development propose to disturb one more acres of land (or as may hereafter be amended by state or federal statutes), the developer shall apply for and obtain an National Pollutant Discharge Elimination System (NPDES) Permit for his site runoff and discharge from the PA DEP prior to initiating such activities. A copy of this permit shall be submitted to the Township as a part of the subdivision or land development plan submission.

Grading. In order to provide suitable building sites, the following standards shall be met:

All lots, tracts or parcels shall be graded to provide proper drainage away from buildings without creating ponding problems, and all land within a development shall be graded to drain stormwater water as provided in § 415-38 of this chapter.

Grading shall not divert water onto adjacent properties without the express permission of the landowner and the Township.

Grading equipment shall not enter or cross any wetland, stream or watercourse without first obtaining the necessary approval or permit from the PA DEP, U.S. Army Corps of Engineers, or other agencies, as appropriate.

All excavation and fill activities shall adhere to the following standards:

Cut-and-fill slopes shall not be steeper than 3:1 unless stabilized by a retaining wall or cribbing.

Adequate provisions shall be made to prevent surface water from damaging the cut face of excavations or the sloping surface of fills.

Cut-and-fill slopes shall not endanger adjoining properties and shall be graded or tapered so that the bottom edge of the slope is no closer than 10 feet to any property line.

Fills shall be placed, compacted, and stabilized to minimize sliding or erosion.

Fills shall not encroach on natural wetlands, watercourses, nor constructed channels.

Fills placed adjacent to natural watercourses or constructed channels shall have suitable protection against erosion during periods of flooding and shall be subject to all applicable municipal floodplain management regulations and all floodplain requirements of the PA DEP, Federal Emergency Management Agency (FEMA), and U.S. Army Corps of Engineers. No fill shall be placed in any designated floodway.

Grading shall not accelerate stormwater runoff rates without provision for adequate erosion protection.

§ 415-38 Stormwater management.

The management of stormwater from a site, both during and after any subdivision or land development, shall be accomplished in accordance with the standards and provisions of this chapter and any PA Storm Water Management Act (Act 167-1978, or as may hereafter be amended)[1] Watershed Plan or Ordinance that may be adopted and implemented hereafter. The provisions of this section are intended to provide protection against uncontrolled stormwater runoff, and to assure that downstream property owners and watercourses are not adversely affected by increases in stormwater runoff resulting from a subdivision or land development. [In addition, all permitting requirements established in the Federal Clean Water Act relating to stormwater discharges shall be met. See Subsection A(4) below.]

General requirements.

A Stormwater Management Plan meeting the criteria outlined in this section shall be prepared by a registered professional engineer, hydrologist, or other professional of demonstrated capability for all subdivision or land development proposals where:

Disturbance activities that could affect earth resources (such as the creation of impervious surfaces, earth disturbances, or timber harvesting) are proposed that may affect stormwater runoff; or streets or other related improvements are proposed which will increase the total impervious area of the tract;

Slopes of the site or adjacent areas could affect stormwater runoff as the lot(s) within the proposed subdivision are developed; or

Areas of poor drainage or stormwater runoff problems are known to exist within or directly adjacent to, or immediately down gradient from the proposed subdivision.

All subdivision and land development proposals shall meet the requirements of any Watershed Stormwater Management Plan or Stormwater Management Ordinance in effect in the Township (including the Fishing Creek Watershed Management Plan) or as may hereafter be enacted.

Stormwater Management Plans shall be submitted by the developer to the Township along with preliminary and final subdivision or development proposals, as appropriate. A copy of the plan will then be forwarded by the Township to their engineer, the Clinton County Conservation District, and as necessary, to the PA DEP, for review and acceptance prior to approval of the proposed development. All such plans shall meet the minimum standards suggested by the Conservation District. [See also § 415-20B(2)(b) for review procedures.]

Where construction activities associated with a subdivision or land development propose to disturb one or more acres of land (or as may hereafter be amended by state or federal statutes), the developer shall apply for and obtain an National Pollutant Discharge Elimination System (NPDES) Permit for his proposed stormwater discharge from the PA DEP prior to initiating such activities. A copy of this permit shall be submitted to the Township as a part of the subdivision or land development plan submission process.

Performance standards. In order to improve the quality and general utility of stormwater management plans, subdivisions and land developments shall be planned, designed, and constructed in accordance with the following principles:

Stormwater management control facilities shall be incorporated into the overall design of any subdivision or land development or improvement in such a way that they may serve multiple purposes such as wildlife areas, recreation areas, fire protection ponds, etc.

The natural infiltration and water resource potential of the proposed development site shall guide design, construction, and vegetation decisions. Runoff in excess of natural conditions from roofs and other surfaces which are unlikely to contain pollutants shall be recharged to the groundwater table or stored for nonpotable water uses to the maximum extent possible.

Improvements to manage drainage and stormwater runoff within a subdivision or land development shall be designed to increase the amount of water which infiltrates into the soil where possible, and to control the rate of runoff released off-site through temporary storage of stormwater on-site. Such improvements may include, but are not limited to, deed covenants which restrict the allowable amount of impervious surface for each lot, the provision of drainage easements, seepage pits, swales, infiltration swales/trenches, and detention or retention basins.

Existing trees and shrubs shall be preserved and protected to the maximum extent possible.

All natural streams, channels, drainage swales and areas of surface water concentration shall be maintained in their existing condition except where changes can be justified on the basis of other design standards.

Stormwater management facilities shall be designed so that the peak rate of runoff from any subdivision or development after development shall be no greater than the peak rate of runoff from the site prior to development, unless this general performance standard is specifically modified by a Watershed Stormwater Management Plan.

Design standards. It shall be the developer's responsibility to provide sufficient plans, documentation and other technical data to demonstrate that the capacity of his proposed stormwater management facilities will adequately control runoff from his development. The following general and technical standards shall be applied when designing such facilities:

General design criteria.

In calculating the predevelopment runoff rate, the following assumptions shall apply:

Woodland shall be used as the existing condition for those portions of the site having trees greater than six inches in diameter measured breast high (DBH), or where trees existed for at least 18 months prior to the development application.

Meadow shall be used for all other areas, including areas which are presently covered by impervious surfaces, unless modified by the Township upon recommendation of its Engineer.

Calculations for the design of stormwater management facilities shall also assume that all driveways, traffic areas and driving surfaces within the development or subdivision will be paved or covered with an impervious surface.

The design for all proposed stormwater management improvements shall be reviewed and approved by the Township and its Engineer prior to construction of any such proposed improvements. The applicant and/or owner shall reimburse the Township for any and all engineering review charges by the Township Engineer in accordance with the procedure set forth in § 415-61A of this chapter.

Stormwater runoff shall not be concentrated onto adjacent properties unless written approval is given by the property owner and the applicable municipality. When stormwater drainage is to be directed into an adjacent municipality, all provisions for accommodating such drainage shall be submitted to the governing body of that municipality for review prior to approval of the subdivision or land development proposal.

Storm sewers and related installations shall be required by the Township when stormwater runoff cannot be satisfactorily handled within the street right-of-way, as determined appropriate by PennDOT or the Township Engineer, as applicable.

Where existing storm sewers are reasonably accessible and of adequate capacity, subdivisions and land developments may connect to the existing system, subject to approval of the authority or municipality having jurisdiction over the existing system.

Where a subdivision or land development is traversed by a watercourse, drainageway, channel or stream, or such plans propose stormwater management facilities, a drainage easement conforming substantially with the line of such watercourse shall be provided. The drainage easement shall be of such width (minimum 20 feet) as will be adequate to preserve the unimpeded flow of natural drainage; or for the purpose of widening, deepening, relocating, maintaining, improving or protecting such drainageway; or for the purpose of protecting such watercourse for the purpose of stormwater management or installation of a storm sewer. Any change proposed in the existing drainageway shall be subject to the approval of the PA DEP and the U.S. Army Corps of Engineers.

(h)

All storm drainage facilities constructed along or crossing public streets or rights-of-way shall conform to all applicable requirements of the PennDOT related to such drainage facilities.

Technical design criteria - stormwater detention/retention.

Proposed stormwater detention facilities shall be designed to reduce post-development peak runoff rates to predevelopment condition rates for the one-, ten-, twenty-five- and 100-year design storms. These design storms shall be routed through stormwater detention systems using the modified Puls procedure.

The Modified Rational Method may be used to complete hydrologic computations required for the design of stormwater detention basins involving drainage areas that are less than 30 acres. Runoff coefficients for the Modified Rational Method shall be selected using the attached table (Figure 1 in Appendix B of this chapter)[2] (Rawls, et al, 1981). Hydrologic times of concentration should be computed using the procedures described in Technical Release 55 (TR-55, USDA, SCS, 1986, or as may hereafter be amended). Rainfall intensities used in the Modified Rational Method shall be selected from the PennDOT Storm Intensity-Duration-Frequency chart for Region 3 (Figure 2 in Appendix B of this chapter).

Editor's Note: Appendix B is included as an attachment to this chapter.

The Natural Resources Conservation Service Unit Hydrograph Method or Technical Release 55 should be used to complete hydrologic computations that are required for the design of stormwater detention basins involving drainage areas that exceed 30 acres. Rainfall data for the TR-55 and the SCS Unit Hydrograph Method shall be obtained from the PennDOT Storm Intensity-Duration-Frequency chart for Region 3 (Figure 2 in Appendix B of this chapter).

All stormwater detention basins shall be designed to safely discharge the 100-year peak discharge through an emergency spillway, and all other outlets, in a manner that will not damage the integrity of the basin. The invert elevation of the emergency spillway device shall be placed a minimum of one foot above the 100-year design water surface elevation in the stormwater detention basin. The emergency spillway shall be designed to convey the entire 100-year peak discharge. A modified Puls routing of the 100-year design storm through the basin shall be completed assuming that the emergency spillway is the only operable basin outlet device.

All stormwater basins, except those designed to retain water or special vegetation as part of best management practices, shall be designed to completely drain within 24 hours. Allowances for best management practices shall be made if they are designed in accordance with the publication, "Controlling Urban Runoff; A Practical Manual for Planning and Designing Urban BMPs" (Metropolitan Washington Council of Governments, 1987, or as may hereafter be amended). Otherwise, low-flow channels shall be provided that would extend between points of concentrated inflow to the basin and the basin outlet structure.

Earth fill embankments shall be designed using the following minimum standards:

The height of the embankment should not exceed 10 feet.

The minimum top width of embankments shall be 10 feet.

The side slopes of the embankment fill should not be steeper than three horizontal to one vertical.

The side slopes of areas in a cut should not be steeper than three horizontal to one vertical.

A cutoff trench of impervious materials shall be provided under all earth fill embankments exceeding four feet in height.

All pipes through embankments shall be constructed with anti-seep collars. The design of such collars shall be in accordance with the attached design procedure and detail specifications (Figure 3 in Appendix B of this chapter).

Trash racks may be required at basin outlet structures. These trash racks shall be designed in accordance with recommendations provided in Chapter 11 of "Design and Construction of Urban Stormwater Management Systems" (Water Environment Federation, American Society of Civil Engineers, 1992, or as may hereafter be amended).

(h)

Riser outlet structures (where required) shall be constructed on a foundation to prevent floating and movement of the outlet structure due to water and frost action.

(i)

Trees and shrubs shall not be planted along the embankment(s) of stormwater basins.

(j)

The Township reserves the right to require fencing around stormwater basins where, in their opinion, such protection is warranted.

Technical design criteria - conveyance systems.

Stormwater conveyance systems (such as storm sewers) may be designed for storm events other than the 100-year design storm. However, an overland flow path shall be provided to convey 100-year storm runoff to a stormwater detention/retention/infiltration facility without incidental flooding of a building, parking areas, traffic lanes, or pedestrian areas.

The Rational Method may be used to compute peak runoff for drainage areas involving less than 100 acres. Runoff coefficients and rainfall intensities used in the Modified Rational Method should be selected as described above for the Modified Rational Method. The SCS Unit Hydrograph Method or TR-55 should be used to compute runoff rates for drainage areas involving more than 100 acres. Rainfall data for TR-55 and the SCS Unit Hydrograph Method shall be obtained from the PennDOT Storm Intensity-Duration-Frequency chart for Region 3 (Figure 2 in Appendix B of this chapter).[3]

Editor's Note: Appendix B is included as an attachment to this chapter.

Detailed hydraulic design computations shall be provided for all storm pipes. Recommended hydraulic computational procedures are described in detail in "Design of Urban Highway Drainage - The State of the Art" (US DOT, FHA, 1979, or as may hereafter be amended) and "Hydraulic Charts for the Selection of Highway Culverts" (Hydraulic Engineering Circular Number 5, US DOT, FHA, 1965, or as may hereafter be amended).

Manufactured end sections shall be provided at terminus ends of all storm pipes.

Energy dissipators shall be placed at the outlets of all storm pipes. Design computations shall be submitted for all proposed energy dissipators. Recommended design procedures are described in "Erosion and Sediment Pollution Control Program Manual" (PA DEP, 2002, or as may hereafter be amended).

Drainage swales shall be designed in accordance with procedures described in "Design of Roadside Channels with Flexible Linings" (Hydraulic Engineering Circular Number 15, US DOT, FHA, 1988, or as may hereafter be amended).

Detailed hydraulic computations shall be provided for stormwater inlet grates. Recommended hydraulic computational procedures are described in detail in "Inlet Grate Capacities for Gutter Flow and Ponded Water" (Neenah Foundry Company, 1987, or as may hereafter be amended) and "Drainage for Highway Pavements" (Hydraulic Engineering Circular Number 12, US DOT, FHA, 1984, or as may hereafter be amended).

(h)

Design water surface elevations in stormwater inlets should be at least six inches below the grate elevation; otherwise, the inlet grate may not accept any stormwater runoff.

(i)

Profile drawings shall be required for all stormwater conveyance systems.

(j)

An engineering evaluation of existing stormwater facilities may be required by the Township or the County Conservation District.

Technical design criteria - infiltration systems to encourage recharge (infiltration pits/swales/trenches).

Stormwater infiltration devices shall be designed in accordance with recommendations provided in "Controlling Urban Runoff: A Practical Manual for Planning and Designing Urban BMPs" (Metropolitan Washington Council of Governments, 1987, or as may hereafter be amended).

Specific criteria.

Infiltration devices shall store the entire volume of a 100-year/one-hour (Region 3 equals 2.4 inches of rainfall) and the two-year/twenty-four0hour (Region 3 equals 2.6 inches of rainfall). This corresponds to a required storage volume (voids) of 0.22 cubic feet/square feet or a required storage volume (Stone - ASSHTO No. 57) equal to 0.73 cubic feet/square feet for each square foot of proposed impervious surface area. All designs must show complete drainage of infiltration device within 48 hours.

Soils on which infiltration devices are located shall have a minimum infiltration rate of 0.27 inches per hour, based upon soils data obtained by direct testing methods in accordance with procedures outlined in the Technical Manual for Sewage Enforcement Officers (PA DEP), or other approved DEP methods.

Infiltration devices shall not be on slopes greater than 20%. The longer dimensions of the devices shall be parallel to ground contours where slopes exceed 5%.

Infiltration devices or the drains to them shall have a sediment trap that can be maintained regularly. All downspouts shall have leaf strainers to prevent leaves from clogging the infiltration device.

Infiltration devices connected to roof downspouts shall be located at least 10 feet from basement walls and downslope of the building.

The bottom of the infiltration device shall be at least two feet above the seasonally high water table and bedrock or otherwise be shown to be capable of handling the required design volumes.

[7]

Stormwater runoff capacity may be distributed among several infiltration devices, as long as the total required volume is achieved, and that corresponding volumes of stormwater are routed to these devices.

[8]

The use of perforated pipe, concrete vault, or other storage devices may be used to obtain additional storage.

[9]

In all cases, an overflow system should be provided to accommodate storm frequencies in excess of the design requirements.

Plan requirements.

The Stormwater Management Plan for a proposed subdivision or land development shall include a brief description of the following:

Existing drainage patterns and stormwater runoff characteristics of the site, including any existing drainage or stormwater runoff problems and facilities;

The anticipated impact that future development of the property will have on existing stormwater runoff and drainage patterns; and

The type of structural and nonstructural improvements planned to manage post-development stormwater runoff.

The proposed location of both structural and nonstructural improvements shall be shown on the subdivision or development plot plans. The Township shall require the subdivider to provide topographic contour information at such intervals as deemed appropriate on the plot plans in order to better evaluate the proposed stormwater management techniques and/or facilities.

Separate, detailed specifications, including complete design calculations, cross-sections, profiles, manufacturer's details, etc. shall be submitted by the developer for all proposed structural stormwater management improvements.

The subdivider shall also submit a proposal for ownership and maintenance of all proposed stormwater management improvements within his development, in accordance with the following provisions:

Where the subdivider proposes to dedicate such improvements to the Township and the Township has agreed to accept the ownership and maintenance responsibilities thereof, a deed which dedicates the land to be used for the stormwater management improvement to the Township shall be submitted as a part of the Stormwater Management Plan. If approved by the Township, the deed of dedication shall be recorded with the final subdivision or development plan.

Alternately, where no municipal participation is anticipated, an Ownership and Maintenance Agreement, specifying ownership and assigning maintenance responsibilities for the proposed improvements to either the developer or property owners within the subdivision, shall be recorded with the final subdivision or development plan and shall be referenced in the deeds for each property within the subdivision. The following criteria shall apply to all stormwater management ownership and maintenance agreements:

The party (or parties) responsible for the maintenance of all stormwater management facilities shall be identified in the ownership and maintenance agreement. The Township may require the developer to organize a homeowner's association to own and maintain such facilities, in lieu of an acceptable alternative suggested by the developer. Regardless of the type of agreement selected, the developer shall be responsible for the stormwater management facilities and/or participation in the homeowner's association until all lots in the development are sold or until all units are leased, as applicable.

A stormwater management maintenance plan shall be submitted by the developer to the Township for review and approval by the municipality and its engineer. This maintenance plan shall include specific stormwater management maintenance requirements.

A copy of the applicable stormwater management plan (including the maintenance plan), erosion and sediment pollution control plan, and design plan(s) for each subdivision and/or stormwater management facility shall be maintained by the party (or parties) identified above for reference purposes.

An inspection of all stormwater management facilities shall be conducted at least every six months, and after severe rainfall events by the responsible party (parties). This inspection shall be followed up with a letter report. Copies of this letter report shall be submitted to the Township and to the County Conservation District. Items to be reviewed during this inspection shall include, but need not be limited to, rodent damage, erosion problems, embankment failures, sediment and/or debris accumulation, and vandalism.

Any damaged facilities shall be repaired and/or replaced by the responsible party (parties) in accordance with the time frame established by the Township.

The Township Supervisors and the County Conservation District shall be contacted immediately in the event of severe damage to any stormwater management facility. In such instances, the Township shall reserve the right to review and approve plans to repair and/or replace severely damaged facilities.

[7]

When, for any reason, the responsible party (parties) fails to properly maintain any stormwater management facilities identified in their maintenance plan, the Township Supervisors shall have the right to enter upon such property as may be necessary to access the facilities and perform the appropriate maintenance. Upon completion of such maintenance, the Township shall assess all property owners of the development for costs associated with the necessary maintenance.

A record drawing ("as-builts") of all stormwater management improvements certified by a registered professional engineer or land surveyor shall be provided to the Township Supervisors by the developer upon completion of all such construction activities. (See also § 415-29 for improvement dedication requirements.)

Editor's Note: See 32 P.S. § 680.1 et seq.

§ 415-39 Wetlands.

No subdivision or land development plan shall be approved by the Commission where wetlands are known or are expected to exist until sufficient determination has been made regarding the actual existence and location of such areas. Wetland delineations shall be made utilizing the National Wetland Inventory Maps for Porter Township and the hydric soils listing contained in the Clinton County Soil Survey. Where such wetlands are situated within the proposed development area of a site, specific evaluations shall be conducted by a qualified wetlands specialist (with technical training and expertise in botany, hydrology, soil science, or a related field) to determine the actual location and dimension of the wetland areas. Following delineation by the wetlands specialist, a Jurisdictional Determination or verification of the designated wetlands shall be made by the U.S. Army Corps of Engineers.

A statement shall be placed on all plot plans involving wetlands indicating that the landowner and/or his surveyor were responsible for locating such wetland areas and indemnifying the Township against any and all liability arising therefrom. In addition, the statement shall include the source(s) used to make the wetland determination.

Where determined appropriate by the findings of Subsection A above, specific wetland delineations shall be shown on the subdivision or land development plot plans and any additional information or determinations shall be submitted to the Township along with the preliminary or final subdivision or land development plans, as applicable. Subdivision approval may be granted for developments including wetlands, but such approval shall prohibit building construction within 50 feet of these areas unless the requirements of Subsection D below can be met.

Construction within wetland areas of the Township shall not be permitted unless such development can comply with Section 404 of the Federal Clean Streams Act and Chapter 105 of the State Regulations for Bodies of Water within the Commonwealth.[1] (Permits to meet both sets of requirements, administered by the U.S. Army Corps of Engineers and the PA DEP, respectively, can be applied for using a joint application.) Zoning permits shall not be issued by the Porter Township Zoning Officer until both the federal and state regulations have been met.

Editor's Note: See 25 Pa. Code. § 105.1 et seq.

§ 415-40 Floodplain management.

The management and regulation of subdivision or development in identified floodplain areas of Porter Township shall be accomplished in accordance with the standards and requirements of the National Flood Insurance Program and the PA Flood Plain Management Act (Act 166-1978).[1] The provisions of this section are intended to protect property owners from increased flood hazards resulting from inappropriate development of the floodplain and to protect potential buyers from purchasing land which may not be suitable for development.

General requirements.

Subdivision and land development proposals for properties located in an identified floodplain area must comply with the Floodplain Management Regulations contained in Chapter 490, Zoning (enacted September 17, 1998, or as may hereafter be amended).

Land areas susceptible to flooding shall be identified using the most current National Flood Insurance Program mapping, prepared by the Federal Emergency Management Agency (FEMA), for the Township. In areas of the Township where detailed flood mapping is not provided by FEMA, the best available elevation and floodway information from federal, state, and other acceptable sources shall be used to determine the flood hazard area.

Subdivision and land development proposals for property located within the floodplain may be approved by the Township, with the stipulation that any planned or future development of the property shall comply with the floodplain management regulations contained in Chapter 490, Zoning.

The Township may require the subdivider, as a stipulation of subdivision or land development approval, to include a notice on the plot plans and in every deed stating that the subdivision is located in a floodplain and that development of lots within the subdivision must occur in accordance with all federal, state and municipal floodplain management regulations.

Design standards. All subdivisions or land developments proposed to be located within any identified floodplain area shall be designed in accordance with the standards contained in Chapter 490, Zoning (enacted September 17, 1998, or as may hereafter be amended).

Plan requirements.

All plans for subdivision or development of property located within an identified floodplain must show the location of the 100-year floodplain boundary and the location of the floodway, if available, according to the most current National Flood Insurance Program flood mapping for the Township.

Where applicable, and as may be required by the PA Department of Community and Economic Development,[2] a copy of a special permit application shall be submitted to the Township for evaluation along with the subdivision or land development plans.

Editor's Note: Now the Pennsylvania Emergency Management Agency.

Editor's Note: See 32 P.S. § 679.101 et seq.

§ 415-41 Monuments and markers.

Monuments and markers shall be constructed and located as provided below and shall be set by a registered professional land surveyor prior to final plan approval.

Material and size. Monuments and markers shall be constructed of the following materials and shall be of the following sizes:

	Construction	Minimum Size
Monument	Concrete or stone	6" x 6" x 30" or 4" diam. x 30"
Monument	Concrete-filled, cast-iron pipe	4" diameter x 30"
Marker	Iron rods or iron or steel bars	5/8" x 15"

Placement and markings. Monuments and markers must be placed by a registered professional land surveyor so that the scored or marked point coincides exactly with the point of intersection of the lines being monumented. The top of the monument or marker must be level with the surface of the surrounding ground. Concrete monuments shall be marked on top with a copper or brass dowel. Cut stone monuments shall have a point marking. All monuments and/or markers shall be set prior to the granting of final plan approval.

Location of monuments.

Monuments must be set at:

The intersections of major street right-of-way lines;

The intersections of lines forming angles in the boundaries of the subdivision; and

Such intermediate points as may be required by the Township.

In subdivisions or land developments involving five or fewer lots or dwelling units, the Township may approve the substitution of iron pins set in concrete for monuments.

Location of markers. Lot markers must be set at:

All points where lot lines intersect curves, either front or rear;

All angles in property lines of lots; and