Township of Pennsbury, PA Article V Design Standards

§ 138-500 Applications.

A. The following subdivision and land development principles, standards and requirements will be applied by the Township in evaluating plans for proposed subdivisions and land developments.

B. The standards and requirements outlined herein are minimum standards and requirements for the promotion of the public health, safety, and general welfare.

C. Whenever municipal or other applicable regulations contain more restrictive standards and requirements than those outlined herein, such other regulations shall control.

D. The Township reserves the right to waive or modify any of the minimum standards set forth herein if conditions so warrant, as may be necessary in the public interest or where requested by an applicant as set forth in § 138-702 hereof.

§ 138-501 General standards.

A. Land shall be developed in conformance with this chapter, Chapter 162, Zoning, Pennsbury Township Comprehensive Plan, and other ordinances, codes, and regulations in effect in Pennsbury Township.

B. All portions of a tract being subdivided or developed shall be taken up in lots, roads, open spaces, or other proposed uses so that remnants and landlocked areas shall not be created. Reserve strips controlling access to lots, public rights-of-way, public lands or adjacent private lands are not permitted, unless specifically approved by the Township Supervisors.

C. Land shall be developed in conformance with all pertinent statutes, regulations, rules and codes of federal, state and county agencies concerned with subdivision, land development, construction and improvements or any activity arising out of or related thereto in any way whatsoever.

D. Applicants shall make every effort to protect natural and cultural resources as provided in the four-step design process, if applicable.

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

F. The standards of design in this article shall be used to judge the adequacy of subdivision proposals. Wherever, in the opinion of the Planning Commission, the literal applications of these standards in certain cases would serve to create an undue hardship, the Planning Commission may recommend to the Board of Supervisors such modifications that will not be contrary to the public interest. The Supervisors may, at their discretion, modify or adjust the standards to permit utilization of property while securing substantial conformance with the objectives of these regulations, as provided for in Article VII of this chapter.

§ 138-502 Blocks.

A. The length, width, and shape of blocks shall be determined with due regard to:

(1) The provision of adequate sites for buildings of the type proposed;

(2) The least adverse impact to topography and natural features;

(3) The need for safe and convenient vehicular and pedestrian circulation; and

(4) Thoughtful and innovative design to create an attractive community.

B. Residential blocks shall be of sufficient depth to accommodate two tiers of lots, except where reverse-frontage lots are permitted.

§ 138-503 Lots and lot standards.

A. General lot design standards.

(1) Lot areas, lot widths, setbacks, dimensions and yard requirements shall not be less than specified by applicable provisions of Chapter 162, Zoning.

(2) The lot design and interior space allotted shall be appropriate for the type of development and use contemplated, be sufficient to provide satisfactory space for required on-site parking, accessory uses, and comply with other applicable standards of Township resolutions, regulations, codes, policies, and ordinances. For lots intended for single-family residential use, an area of at least 5,000 square feet outside of the required setbacks shall be indicated on such lots that is capable of residential development and exclusive of any area intended for the siting of on site sewage disposal, water supply well(s) or stormwater management facilities.

(3) Side lot lines shall be substantially at right angles or radial to road lines. The Township may accommodate flexibility in lot layout so that the siting of buildings takes maximum advantage of solar energy; e.g., the orientation of buildings with their long axis generally in an east-west direction.

(4) Side lot lines shall follow along existing streams or existing or proposed stormwater management swales.

(5) Lot lines shall follow municipal boundaries rather than cross them.

(6) Subdivisions shall not result in remnants of land that do not meet minimum frontage, area and bulk requirements for the applicable zoning district. All portions of a plan shall be incorporated into existing or proposed lots unless special usage for a specific piece of land is applied for, and approved by the Board of Supervisors, as part of a subdivision or land development proposal.

(7) The depth of lots shall not exceed the width by more than 2 1/2 times.

(8) Lot addresses and road names shall be assigned to each lot and shall be approved by the Township and forwarded to the postal authority for approval. Approved lot addresses and road names shall be included on the final plan.

B. Lot frontage standards.

(1) All lots shall have direct access to a public or private road, satisfactory to the Township. Each lot shall have, in addition to the minimum width at the required front yard line as specified by the zoning district, sufficient free and complete access to an existing or proposed road cartway to avoid the need to cross any portion of another lot to reach such road.

(2) Lots which abut two or more public roads shall have direct access only to the road of lesser functional classification.

(3) Where lots are created having frontage on an arterial or major or minor collector road, as designated by the Township, any proposed residential development road pattern shall provide frontage to local roads within the subdivision (providing for so-called reverse-frontage lots).

(a) All residential reverse frontage lots (and all corner lots with a lot line along a street where reverse frontage is required) shall, in addition to the rear yard required by Chapter 162, Zoning, and immediately adjacent to the right-of-way of the arterial, major collector road or minor collector road, have a buffer area of at least 25 feet in width, with a buffer planting screen at least 15 feet in width, across which there shall be no right of access to the lot. The plantings within the buffer planting screen area (buffer planting strip) shall provide a visual screen of sufficient height (but at least six feet upon planting) to visually obscure the balance of the lot from the adjacent right-of-way of the arterial, major collector road or minor collector road within three years of planting.

(b) The buffer planting strip shall be consistent with the provisions of § 138-522 and § 162-1908 of Chapter 162, Zoning, and may be a planting mixture of deciduous and conifer shrubs and trees and shall serve as a barrier to visibility, airborne particles, glare and noise. The screen shall run for the entire length of the lot.

(c) The screen plantings shall be so placed that at maturity, they will not be closer than three feet from any right-of-way or property line. Evergreen trees likely to grow substantially in diameter shall be planted in two or more rows or offsets if needed to allow space for future growth.

(d) The plantings shall be maintained permanently and plant material which dies shall be replaced within six months.

(e) A built-up earthen berm may be incorporated in the landscaping of the reverse frontage screening as long as the following conditions are met:

[1] It may not be located in the future street right-of-way.

[2] The maximum allowable slope shall be three to one (horizontal to vertical).

[3] The surface of the berm shall be stabilized with grass.

[4] Berms shall be designed and constructed so as not to interfere with drainage from the public roadway.

C. Flag (interior) lots. Lots for which the only road frontage is via an access easement across another lot, or via a "flagpole" narrow portion of the lot, the sole purpose of which is to provide access from the road to the principal part of the lot, shall be permitted only if all of the following requirements are satisfied:

(1) The Board of Supervisors grants permission based on topographical or other conditions unique to the site.

(2) An access easement acceptable to the Township (or "flagpole" portion of the subject lot owned in fee) linking the interior lot to the public or private road shall have a minimum width of 50 feet. Two adjacent interior lots may share the same fifty-foot access easement or one may be provided an easement over the other lot's "flagpole."

(3) The minimum lot area, lot width, lot depth, and setbacks of the applicable zoning district shall apply to that portion of the lot exclusive of the area of the access easement or "flagpole."

(4) All structures shall be located on the main body of a flag lot (outside of the access area) so as to provide required setbacks pursuant to applicable zoning regulation should the access area portion later become a public or private road.

(5) No more than two flag or interior lots shall be permitted in a subdivision which incorporates public or private streets.

(6) Flag or interior lots may share a common driveway access with an adjacent lot.

(7) The access area or common access drive, as applicable, for any flag lot shall be located so as to demonstrate ability to comply with all applicable driveway, sight distance, and any other applicable roadway access standards.

(8) Any approved subdivision including flag lots shall be approved on the condition that any future subdivision of any lot shall not create additional flag lots.

§ 138-504 Roads.

A. Proposed roads shall be properly related to such road plans or parts thereof as have been officially adopted by the Township, including recorded subdivision plans, and shall be classified according to their function.

B. Proposed roads shall further conform to such Township, county and state road and highway plans as have been prepared, adopted, and filed as prescribed by law.

C. Thoughtful and imaginative design of roads and their relationship to the arrangement and shape of lots is required. Proposed road patterns shall relate to existing roads, topography and existing and planned settlement patterns in order to accomplish a smooth flow of traffic, to avoid poor sight distance, to avoid traffic congestion and to promote public safety.

D. Local roads shall be designed to discourage excessive traffic speeds and provide for the continuation of existing or platted roads and for proper access to adjoining undeveloped tracts suitable for future subdivision or development. Further, adequate provisions for emergency vehicle access shall be made.

E. If lots resulting from a subdivision are large enough for further subdivision or if a portion of the tract is not subdivided, adequate road rights-of-way to permit further subdivision shall be provided, as necessary, unless the remaining property is restricted from further subdivision in a manner acceptable to the Township. Remnants, reserve strips and landlocked areas shall not be created.

F. Along the existing road on which a subdivision or land development abuts, additional right-of-way, paving or other improvements, including traffic calming measures shall be made and built to the specifications established by the Township's ordinances, resolutions, regulations, codes and policies.

G. Where a proposed subdivision or land development will generate such additional traffic on abutting and nearby state or Township roads of substandard specifications as to pose a hazard to public safety and the roads are located within 1,000 feet of such subdivision or land development, the Applicant shall provide improvements (including widening and improvement to horizontal or vertical alignment), including off-site improvements within existing public rights-of-way, such as will alleviate such hazards to public safety. To the extent such impacts extend farther than 1,000 feet from such subdivision or land development, the applicant shall offer means to mitigate the traffic generated and suggest a means to finance improvements necessary to mitigate the traffic impact.

H. Dead-end roads shall be prohibited, except as stubs to permit future road extension into adjoining tracts, or when designed as culs-de-sac. Where a stub road is not designed as a cul-de-sac, temporary paved turnarounds or "hammerheads" shall be provided to the satisfaction of the Township.

I. Emergency access routes shall be required. The maintenance responsibilities of the emergency access route shall be clearly defined on the plans. An easement for the route shall be provided at a sufficient width to accommodate traffic and maintenance.

J. New half or partial roads shall not be permitted. Only new roads meeting the requirements of this chapter shall be permitted. Wherever a tract to be subdivided borders an existing half or partial road, the other part of such road shall be plotted within such tract.

K. Roads that are extensions of or in alignment with existing roads shall bear the names of the existing roads. Road names shall not duplicate or closely resemble names of any existing road or areas. All houses shall receive address numbers. All road names and address numbers shall be subject to the approval of the Township, the applicable postmaster and the applicable emergency services personnel. Development names shall also be subject to approval of the Township.

L. Where roads continue into adjoining municipalities, evidence of compatibility of design, particularly with regard to road widths, shall be submitted. The applicant shall coordinate such design with both municipalities to avoid abrupt changes in cartway width or in improvements provided.

M. Private roads shall be designed and constructed to meet all requirements of public road standards; the recorded plan and other recorded documents, such as the deeds of conveyance of lots shown on a plan and/or independent easement and maintenance agreements, shall clearly state the parties responsible for the cleaning, maintaining, improving and repairing of private roads, and financial guarantee or security shall be provided as required for public roads to ensure construction and maintenance of the private roads as required by this chapter.

N. Where required by the Township, traffic calming measures shall be implemented on all roads, access drives, parking and loading areas. Traffic calming measures shall be selected in consultation with the Township and shall be chosen with consideration of PennDOT's "Publication 383 - Traffic Calming Handbook," as last revised.

O. When the results of the Traffic Impact Study required by § 138-409 of this chapter conclude that acceleration, deceleration or turning lanes are required along any existing or proposed road, the applicant shall install such lanes along existing and proposed roads consistent with the recommendations of the approved Traffic Impact Study.

P. Specifications. The minimum requirements for road improvements shall be those in the PennDOT's Specifications (Form 408) as last revised, or those of Pennsbury Township, as the Township may specify.

§ 138-505 Road standards.

A. The minimum right-of-way and cartway widths for all new roads or improved existing roads in the Township shall be as follows:

Road Classification	Right-of-Way Width (feet)	Cartway Width (feet)
Arterial	80	32
Major collector	60	30
Minor collector	60	24
Local, including culs-de-sac	50	20

B. Additional and/or reductions in right-of-way and cartway widths may be required for the following purposes:

(1) To promote public safety and convenience.

(2) To provide or prohibit sufficient area for on-road parking.

(3) To accommodate topographic circumstances which may result in cut/fill slopes extending beyond the standard right-of-way and in all circumstances to assure accessibility for maintenance operations.

(4) To promote Township circulation and mobility plans for vehicular, bicycle and/or pedestrian access.

(5) To minimize impervious coverage and minimize stormwater runoff.

(6) To promote traffic calming.

C. Where a subdivision or land development abuts or contains an existing road of noncompliant right-of-way width, additional right-of-way width shall be dedicated to conform to Township standards. Where a subdivision or land development abuts or contains an existing road of noncompliant cartway width, the applicant shall be required to widen and/or reconstruct the roadway to meet Township standards as set forth in this chapter.

D. Where a subdivision or land development abuts or contains an existing road, the physical condition of which is noncompliant with the specifications of this chapter due to deterioration, wear or otherwise, the applicant shall be required to reconstruct the roadway to meet Township standards as set forth in this chapter.

§ 138-506 Road alignment.

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

B. Proper sight distances, as defined in this chapter, shall be provided with respect to both horizontal and vertical alignments. Measured along the center line at a height of 3 1/2 feet, and viewing an object two feet or greater in height, the minimum sight distance shall be 250 feet for local roads and 500 feet for all other roads within which no obstruction may be located or exist.

C. To ensure adequate sight distance, minimum center line radii for horizontal curves shall be as follows:

(1) Arterial or major collector road: 500 feet.

(2) Minor collector road: 275 feet.

(3) Local roads: 150 feet.

D. For all road classifications, a minimum tangent of at least 100 feet measured at the center line radii shall be required between reverse curves.

E. Super-elevation shall be provided for major collector and arterial roads having a horizontal curve radius of less than 500 feet.

F. The approaches to an intersection shall follow a straight course for at least 50 feet as measured from the intersection of the right-of-way lines.

§ 138-507 Road grades.

A. Center-line grades shall not be less than 1% where curbs are provided nor less than 1.5% where roadside swales are provided. Center-line grades shall not be greater than 10% on local roads nor greater than 8% on any other road.

B. The slope of the crown on proposed roads shall be a minimum of 3% cross-slope.

C. Vertical curves shall be used at changes of grade exceeding 1%. The minimum length of vertical curves for local roads shall be 25 times the algebraic difference in grade for crests and sage curves. Any road classification higher than a local road shall be designed to PennDOT standards relative to vertical curves.

D. Where the grade of any road at the approach to an intersection exceeds 4%, a leveling area shall be provided having a grade of no more than 4% over a distance of at least 75 feet measured from the intersecting right-of-way line.

E. Grades within proposed intersections shall not exceed 3% measured between respective right-of-way lines.

§ 138-508 Road intersections.

A. Roads shall be laid out to intersect at right angles whenever possible, and intersections of less than 75° (measured at the center line) shall not be permitted.

B. Intersections involving the junction of more than two roads shall be prohibited. Roundabouts for multiple road intersections may be permitted after consultation with the Township. Roundabouts shall follow the standards of the Pennsylvania Department of Transportation Guide to Roundabouts (Pub. 414), as amended.

C. Roads shall not intersect on either the same or opposite side of another road at an interval between their center lines of less than the following:

(1) One hundred fifty feet where all intersecting roads are local roads;

(2) Four hundred feet where any intersecting road is a minor collector; and

(3) Eight hundred feet where any intersecting road is a major collector or arterial road.

D. Curb and edge of pavement radii at intersections shall be no less than the following:

(1) Thirty-five feet on local roads;

(2) Thirty-five feet on minor collectors;

(3) Thirty-five feet on major collectors;

(4) Fifty feet on arterials;

(5) Fifty-five feet, where the intersecting road is providing access to an industrial district or industrial use;

(6) A minimum of 10 feet shall be provided between the edge of pavement and the right-of-way line.

E. Intersections shall be designed to allow for pedestrian crossings in compliance with applicable ADA standards and otherwise in a safe manner by keeping crossing distance to a minimum and by providing crosswalks which are painted or constructed with contrasting paving materials to clearly identify crosswalk areas.

F. Clear sight triangles shall be provided at all road intersections and shall be shown on the final subdivision plan to be recorded.

(1) Within such triangles, no vision obstructing object shall be permitted above the height of 30 inches and below 10 feet measured from the center-line grade of intersecting public roads. Appropriate deed restrictions shall be recorded to enforce this provision.

(2) Clear sight triangles shall be measured along the center lines of the intersecting roads to a point 75 feet from the center of intersection where all legs of the intersection are controlled by stop signs, and to a point 200 feet from the center of intersection where any intersection permits through traffic on any intersecting road(s) without stop signs. An additional 55 feet shall be added to this requirement where an intersection is providing access to an industrial district or any industrial use.

(3) A clear sight triangle of 75 feet shall also be required at the intersection of potentially dangerous or hazardous intersections of private driveways with any public road or private road.

(4) Sight distance requirements for all intersections shall be in accordance with the Pennsylvania Code, Title 67, Transportation, Chapter 441, "Access To and Occupancy of Highways by Driveways and Local Roads," latest revision. Plans shall indicate the clear sight distances. Clear sight distances and clear sight triangles shall be verified in the field and be found acceptable by the Township prior to preliminary plan or preliminary/final plan approval.

(5) PennDOT highway occupancy permits.

(6) In the event that a road, street, driveway or access drive intersects with a PennDOT right-of-way or any stormwater improvement or other utility will cross a PennDOT right-of-way, the developer shall obtain the necessary highway occupancy permit.

(7) In the event that PennDOT requires the Township to sign a highway occupancy permit application or other documents relative to the required highway occupancy permit, the Township shall retain sole discretion whether to sign the application or other documents.

(8) Should the Township elect to sign a highway occupancy permit application and/or other documents required by PennDOT, unless the road is accepted by the Township for public dedication, the developer shall enter into an indemnification agreement in a form acceptable to the Township Solicitor which, among other things, will require that the developer, its successors and assigns, indemnify, defend, exonerate and hold the Township and its and its boards, committees and commissions (including the individual members thereof), their elected and appointed officers and officials and their employees, contractors, other professional consultants, engineers, solicitors, managers, representatives, advisors, predecessors, successors, agents, independent contractors, insurers and assigns harmless from any liability pertaining to, relating to, resulting from, caused by, arising out of or sustained in connection with the Township's signing the application and/or other documents required by PennDOT and any obligation assumed by the Township by virtue of signing the application and/or documents.

(9) The Township shall also retain sole discretion concerning acceptance of any road right-of-way, improvements, maintenance responsibilities, etc., which may be imposed by PennDOT relative to improvements contemplated with a PennDOT right-of-way and/or easement.

§ 138-509 Cul-de-sac and loop roads.

A. Dead-end or single access roads are prohibited unless designed as permanent cul-de-sac roads, or when designed as a temporary cul-de-sac for future access to adjoining properties.

B. Cul-de-sac or single access roads permanently designed as such shall be limited to one such road per subdivision and shall provide access to not more than 20 dwelling units or 20 lots, whichever is less, unless additional emergency access acceptable to the Township is provided.

C. Cul-de-sac roads shall be provided at the closed end with a circular turnaround with a minimum right-of-way radius of 50 feet and a minimum outer paving radius of 40 feet.

D. No cul-de-sac turnaround shall have a grade which exceeds 5% in any direction.

E. All culs-de-sac, whether permanently or temporarily designed as such, shall not be less than 250 feet nor shall exceed 1,200 feet in length unless additional emergency access acceptable to the Township is provided. The length of the cul-de-sac shall be measured from the edge of paving of the nearest through road to which the cul-de-sac road is connected, and to the center point of the cul-de-sac turnaround.

F. When required for future extension, the turnaround right-of-way shall be placed adjacent to the tract boundary with sufficient width along the boundary line to permit extension of the road at full width.

G. Except when designed pursuant to the alternative standards of Subsection I below, when a new cul-de-sac road is proposed on a subdivision or land development plan, not more than four driveways serving residential lots shall be permitted within the cul-de-sac bulb or turnaround area. Each lot which has road frontage on the cul-de-sac bulb right-of-way shall have a minimum lot width at the road line of at least 50 feet.

H. No parking shall be permitted in the turnaround.

I. Alternate cul-de-sac design standards. The applicant may propose, and the Township may it is sole discretion approve, an alternate design for cul-de-sac turn around area(s) on any given project in accordance with this subsection. If the applicant desires to propose an alternate cul-de-sac design, the applicant is encouraged to discuss this design standard with the Township during the sketch plan process. For those alternative designs which may include a landscaped center island, the following standards shall apply:

(1) Permanent cul-de-sac roads must be provided with a paved turnaround having a minimum outside diameter of 166 feet and a minimum inside diameter of 134 feet to each curbline and a minimum interior circular right-of-way diameter of 110 feet and having an outside minimum right-of-way diameter of 190 feet. The inside radius of the paved turnaround shall be provided with a mountable cul-de-sac island curb.

(2) The shape of the cul-de-sac turn-around may be oval or irregular in shape instead of circular with the following conditions:

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

(b) The minimum center-line radius of the cul-de-sac is not less than 75 feet.

(3) The maximum number of lots permitted to have frontage on a cul-de-sac turnaround that contains the minimum dimensions specified in Subsection I(1) above is six. The number of lots permitted on a cul-de-sac turnaround can be increased by one lot for every additional 92 feet of property road line circumference that is in addition to the circumference resulting from a 200-foot diameter right-of-way. Each lot referred to above shall have the required minimum lot width at the required minimum front yard setback line.

(4) A center open space area shall be provided that is concentric with the cul-de-sac turnaround and shall have a minimum fifty-five-foot radius and may be modified as indicated in Subsection I above.

(5) PennDOT "one-way" directional signs shall be placed at the entrance of the cul-de-sac circle located 18 inches behind the interior cul-de-sac circle curb.

(6) The cul-de-sac turnaround center island shall be owned and maintained by a homeowners' association. In the absence of a homeowners' association based upon a waiver granted by the Township, the cul-de-sac turnaround center island shall be owned and maintained by the individual lot owners located on the cul-de-sac turnaround.

(7) Cul-de-sac turnaround islands shall be graded to have a mound or a depression with appropriate drainage. The island area may be used for stormwater management and installation of "best management practice" facilities. The mound shall be graded such that its highest elevation will be a maximum of three feet above the average elevation of the cul-de-sac turnaround cartway elevation.

(8) Turn-around islands shall be graded and/or designed to minimize snow melt from stored snow piles on the island collecting and freezing on the paved portion of the cul-de-sac circle, creating hazardous driving conditions.

§ 138-510 Road construction standards.

All materials for the construction of roads and the methods of construction and drainage shall be in accordance with the applicable requirements of Pennsylvania Department of Transportation Publication #408, "Highway Specifications" (PennDOT #408), latest revision thereof, and shall be supplied by vendors approved by the Pennsylvania Department of Transportation for the supply of such materials. Cross-sections shall be as described in Subsection A(1) below. Inspection of materials and construction methods shall be as approved in § 138-602 of this chapter.

A. Road design.

(1) Thickness of base and paving for new local Township roads shall meet the following minimum requirements:

(a) One and five-tenths inches Superpave Asphalt Mixture Design, hot-mix asphalt (HMA) Wearing Course; PG 64-22, 0.3 to 3 million equivalent single-axle loads (ESALS), 9.5 mm mix, SRL-H, PG 64-22.

(b) Three inches Superpave Asphalt Mixture Design, HMA Base Course.

(c) Ten-inch 2A stone subbase course; slag stone is not permitted.

(d) A tack coat per PennDOT Form 408, as amended, shall be applied between the wearing and base courses.

(e) A prime coat per PennDOT Form 408, as amended, shall be applied between the subbase and base courses.

(f) Where required, plain concrete curb 18 inches in height shall be installed. See § 138-513.

(g) Where shoulders are required, use Type 3 per PennDOT 408, as amended.

(h) All materials and installation shall be in accordance with Pennsylvania Department of Transportation Publication 70 and Publication 408, both as amended.

(2) The applicant shall provide additional paving, base or subbase materials, or geotextiles, including but not limited to geogrid material, where soil types are inferior, wet or otherwise unsuitable.

(3) Road designs for Township collector and arterial roads shall be coordinated with the Township Engineer and shall be in conformance with PennDOT design and construction standards.

B. Subgrade.

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

(2) All unsuitable subgrade material shall be removed.

(3) All wet or swampy areas shall be permanently drained and stabilized, subject to the approval of the Township Engineer.

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

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

(6) In fill areas over three feet thick, compaction tests are required in each eight-inch layer at 150-foot intervals. A qualified geotechnical engineer licensed to practice in Pennsylvania shall test compaction of soils in place according to ASTM D 1556, ASTM D 2167, ASTM D 2922, and ASTM D 2937, as applicable. The tests must be performed by a certified testing laboratory and the results submitted to the Township Engineer for approval. All compaction must be 95% compaction at optimum moisture. Any layer not coming up to standard will be removed or re-rolled until suitable compaction is obtained.

C. Paving.

(1) Paving and base thickness and materials shall be as specified in Subsection A(1) above.

(2) The subbase course where required shall be installed and compacted in accordance with Pennsylvania Department of Transportation specifications and shall extend a distance of seven inches for base course and 12 inches for stone subbase course beyond the paving line when curbs have been waived by the Township. The area above the base course and subbase outside the paving line (wearing course) shall be permanently stabilized with topsoil and grass.

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

(4) Duplicate delivery slips for all material deliveries shall be furnished to the Township Engineer and shall become the property of the Township.

(5) Failure to adhere to the above specifications shall give the Township cause to refuse, among other things, to accept roads for dedication.

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

D. Grading and shoulders.

(1) Roadways shall be graded for the full width of the right-of-way on each side, unless modified by the Township to avoid disturbance of significant trees, historic structures, or other significant natural or cultural resources. Shoulders or berm areas, including planting strips behind curbs, shall be graded with a minimum slope of 1/2 inch per foot and a maximum slope of one inch per foot. Beyond the limits of this grading, banks shall be sloped to prevent erosion but this slope shall not be greater than 3:1.

(2) Where concrete curbing has been waived or deferred by the Board of Supervisors and is not to be constructed, shoulders are to be constructed adjacent to the paving of the proposed road. The width of shoulders shall be four feet along local roads, six feet along major or minor collector roads and eight feet along arterial roads.

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

E. Underdrains shall be required to mitigate wet road conditions.

F. Utility trench construction (storm sewer, wastewater lines, water main, gas main etc.) within existing local roads shall be backfilled with 2A stone placed and compacted in eight-inch lifts. The trench shall be paved with Superpave Asphalt Mixture Design, HMA Base Course, PG 64-22, 0.3 to 3 M ESALS, 25 mm mix (three inches compacted depth), and the entire roadway shall be paved with a full width overlayment (edge of road to edge of road) of Superpave Asphalt Mixture Design, HMA Wearing Course, PG 64-22, 0.3 to 3 M ESALS, 9.5 mm mix, SRL-L (1.5 inches compacted depth). Utility trenches within proposed roads shall be backfilled with clean, dry, select material and compacted in eight inch lifts to not less than 100% of the dry weight density of the backfill material. Trenches within easements shall be backfilled with clean, dry, select material and compacted in twelve-inch lifts to not less than 100% of the dry-weight density of the backfill material as set forth in ASTM D 698 and Pennsylvania Department of Transportation Specifications, Publication 408, and latest edition thereof.

G. During construction of roads, the contractor shall provide maintenance and protection of traffic meeting Pennsylvania Department of Transportation standards.

H. Street construction inspection. Testing and inspection of new streets shall be consistent with the procedures of the Pennsylvania Department of Transportation's Specifications, Publication 408. The following requirements shall apply to road construction inspections and testing:

(1) Construction and inspections shall proceed in accordance with the inspection schedule and all other applicable requirements of this chapter.

(2) If the supplier of the bituminous concrete is PennDOT approved, the supplier shall provide a copy of that certification and the theoretical density of the mix being supplied to the Township Engineer. In lieu of this procedure, the paving contractor shall provide the design criterion and the actual mix criterion to the Township Engineer for approval. All testing shall be based on this criterion.

(3) In place density testing shall be conducted by the contractor with the direction and approval of the Township Engineer.

(4) The field test data shall be obtained through the use of a properly calibrated nuclear gauge as described in PennDOT Publication 408.

(5) The test results shall indicate that the pavement construction meets at least 93% of the theoretical density for wearing courses and binder courses.

§ 138-511 Private roads.

A. As a condition of subdivision approval involving private roads, any private road shall be privately owned by a single responsible party, and the Township shall have no present or future maintenance obligation with respect thereto. Maintenance of any approved private road shall be the responsibility of a single person or entity such as the owner or landlord, or a homeowners' association or a similar approved association. If an association is proposed to maintain private road(s), the formation documentation shall be submitted to the solicitor for review prior to the grant of preliminary plan approval as required by § 138-402B(5)(o) of this chapter. Among other things, the association documents shall provide that the association shall not dissolve without the prior written approval of the Township. The responsibility for maintenance and ownership of a private road shall not be fragmented among co-owners or easement right owners. A private road may be a part of a single lot with easements granted to individual lot owners. However, the area of the private road right-of-way shall not be counted as a part of the lot to which it is attached. Said lot shall otherwise meet the minimum lot area requirements for the district in which it is located.

B. A valid and acceptable maintenance agreement for any approved private road shall be submitted in writing for review and approval by the Township Solicitor. Such approval by the Township Solicitor shall occur prior to final plan approval. A private road shall be built to the same right-of-way widths with the same pavement widths and pavement thicknesses or cross sections as required for public roads.

C. All private roads shall meet all specifications for local public roads, including but not limited to sight distance standards. The pavement width and construction specifications for private residential roads may be reduced by waiver approved by the Board of Supervisors. However, in no case shall a private residential road be paved to a cartway width of less than 18 feet with a subbase and base course of 22 feet and 19 feet, respectively. Further, the Board of Supervisors may modify the required construction thickness for a private road so that the following minimum specifications are met:

(1) A minimum subgrade as required in § 138-510B, herein; and a minimum of 10 inches of compacted 2A stone subbase constructed in two six-inch lifts; and

(2) A minimum 3 1/2 inches of bituminous paving coarse comprised of two inches of base coarse and a 1 1/2 inches of wearing course as per § 138-510A.

D. Lots fronting on private roads shall meet the requirements of Chapter 162, Zoning, with regard to lot width and setbacks.

E. All private roads shall have a minimum right-of-way of 50 feet.

§ 138-512 Driveways and access drives.

A. All driveways and access drive-related improvements shall be located and constructed in such manner as to provide safe access to Township and state roads and not to impair the drainage or normal maintenance within road rights-of-way, to alter the stability of any roadway, subgrade, or roadway embankment, to change the drainage of adjacent areas, nor to interfere with the traveling public. Sufficient area for and access to off-road parking shall be provided for.

B. Sight distance requirements for all driveways and access drives intersecting a state, Township or private road shall be in accordance with the Pennsylvania Code, Title 57, Transportation, Chapter 441, "Access To and Occupancy of Highways by Driveways and Local Roads," latest edition. All sight distance obstructions, including, but not limited to, embankments and vegetation, shall be removed by the applicant to provide the required sight distance.

C. Clear sight distances shall be verified in the field and be found acceptable by the Township prior to preliminary plan or preliminary/final plan approval.

D. No more than three interior lots shall be served by a private residential driveway in cases of common ownership or shared use of a private residential driveway. An access drive serving more than three interior lots shall be regulated as a private road. As a condition to final plan approval, an agreement providing for the maintenance, repair, construction and reconstruction, including drainage facility maintenance and snowplowing of the shared driveway, shall be submitted for review by the Township and, following approval, shall be recorded against the lots in question.

E. Private residential driveways, whether individual or shared, on corner lots shall be located at least 50 feet for local roads and 75 feet for collector and 100 feet for arterial roads from the center line of driveway to the point of intersection of the nearest road right-of-way line. Access drives shall be located at least 125, 150, and 250 feet, respectively, for local, collector and arterial roads from the center line of the access drive to the point of intersection of the nearest road right-of-way.

F. Except for the return radius at the intersection with the road, no driveway shall be situated within five feet of a side or rear property line, except where shared driveways are utilized.

G. Where on-road parking is permitted, the layout of the curb cuts of the driveways shall be designed to maximize the number of on-road parking spaces.

H. Adequate provisions shall be made to maintain uninterrupted parallel drainage along a public street at the point of driveway or access drive entry.

I. Driveways and access drives shall intersect roads as nearly as possible at 90°, but in no case less than 75° or greater than 105°.

J. Where access is to a state road, a valid state highway occupancy permit shall be obtained prior to plan recording. Where PennDOT standards differ from those of the Township, PennDOT regulations shall apply.

K. Residential driveways:

(1) Driveways to corner lots or lots having access to more than one road shall gain access from the road of lower classification when a corner lot is bounded by roads of two different classifications.

(2) Except for connections to local or private roads, driveways accesses from any given lot shall be limited to no more than one access point to a public road.

(3) The driveway within the legal right-of-way of the public road, or for a distance of at least 20 feet from the edge of the cartway, whichever is greater, shall not have a grade in excess of 4%. At no point shall the maximum grade of any driveway exceed 12%.

(4) For driveways exceeding 250 feet in length and where the grade of a driveway, at any point, exceeds 8%, the Township may require a minimum of one off-road parking space.

(5) For driveways serving single residential units, the minimum width shall be 10 feet, except shall be a minimum of 12 feet at locations crossing a bridge or culvert.

(6) A driveway shared by two lots at or near a common side property line shall be a minimum width of 16 feet for a distance of 75 feet measured from the edge of pavement of the intersecting public street. The remainder of the shared driveway shall be a minimum of 12 feet wide. Pullover areas shall be required where necessary at the discretion of the Township to provide safe passage of two vehicles. An adequate turnaround area shall be provided at the terminus of the shared portion of the driveway for emergency vehicle use, the configuration of which shall be subject to the approval of the Township.

(7) New driveways shall provide for a safe turnaround area outside of the road right-of-way so that vehicles will not be required to back into the adjoining road. Safe turnaround areas shall in all cases be required where driveways access arterial or major collector roads.

(8) The driveway shall be constructed with a base of stone compacted to six inches and a surface of a minimum of 1 1/2 inch Superpave bituminous wearing course or approved equal for a minimum of 25 feet from the edge of the cartway or curb for individual driveways and 50 feet from the edge of the cartway or curb for shared driveways. The remainder of the driveway, if not paved, shall be surfaced with an erosion resistant material. The use of pervious pavement is encouraged to minimize stormwater runoff.

(9) A driveway providing public street access to two or three interior lots shall have a cartway width of 16 feet and be constructed with a base of stone compacted to six inches and a surface of a minimum of 1 1/2 inch Superpave bituminous wearing course or approved equal. An adequate turnaround area must be provided near the terminus of the private driveway for emergency vehicle use. The turnaround area configuration shall be approved by the Board of Supervisors.

L. Access drives.

(1) The access drive within the legal right-of-way of the public road, or for a distance of at least 50 feet from the edge of the cartway, whichever is greater, shall not have a grade in excess of 4%. The grade of any access drive shall not exceed 10%.

(2) Access drive entrances into all nonresidential and nonagricultural use properties shall be no less than 24 feet in width, shall not exceed 36 feet in width at the road line, unless provided with a median divider, and shall be clearly defined by curbing. The curbs of these driveway entrances shall be rounded with a minimum radius of 35 feet from where they intersect a road.

(3) Access drives shall be paved in their entirety. The specifications for such paving shall be approved by the Township as applicable for the specific use proposed in accordance with § 138-523D. Alternate dust-free, all-weather surfaces for access may be permitted by the Township where appropriate.

(4) To the greatest extent practicable, access to new individual uses shall be by way of internal access drives. Where two access drives are permitted, their center lines shall be spaced a minimum of 250 feet apart. Where only a single access drive is provided, the Township may require provision for additional emergency access.

M. Concrete aprons shall be provided for all access drives with concrete sidewalks. Concrete aprons shall be a minimum of six inches of Class AA concrete (a twenty-eight-day minimum compressive strength of 3,500 psi and 6% air entrainment by volume) and shall be structurally reinforced with six-inch-by-six-inch, nine-gauge welded wire fabric on four inches of 2A aggregate.

§ 138-513 Curbs.

A. The Township may require provision of concrete curbs on private and public roads, notably where heavily traveled or at intersections or where road grades require them for proper drainage. Where required, curbs shall be plain concrete curb (18 inches height) in accordance with "Pennsylvania Department of Transportation Publication 72 - Standards for Roadway Construction," as last revised.

B. Curbs shall be provided on all parking areas within a land development.

C. All curbs shall conform to the specifications for Class A concrete, as specified by the Pennsylvania Department of Transportation Publication 408, last revised, with a minimum compressive strength of 3,500 psi after 28 days.

D. Final curb height, above the wearing course, shall be eight inches.

E. Curb-constructing methods shall be in accordance with Pennsylvania Department of Transportation Publication 408, last revised.

F. Depressed curbs at driveways shall be no higher than 1 1/2 inches above the finished road surface. The length of this depressed curb shall not exceed 16 feet. Pipes, grates or other constructions shall not be placed in the gutter to form a driveway ramp. The depressed curb at handicapped ramps shall be flush with the paving surface.

G. New curb cuts for driveways and parking areas shall be limited along collector and arterial roads.

H. Excavations shall be made to the required depth and the material upon which the curb is to be constructed shall be compacted to a firm even surface to 95% of the maximum dry-weight density of the soil.

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

J. Curbing shall be constructed in 10 feet lengths. A premolded bituminous impregnated expansion joint having a minimum thickness of 1/4 inch shall be placed between sections of curved curb and at intervals of not more than 50 feet. Intermediate joints between ten foot sections shall be saw cut. However, wherever a driveway enters a road, the driveway shall not have a curb joint nor be constructed in lengths longer than 10 feet.

K. All curb depressions for purposes of handicapped access must comply with the requirements of the Americans with Disabilities Act and the Pennsylvania Universal Accessibility Act, as applicable.

§ 138-514 Guide rails.

A. The applicability and use of guide rails shall be determined in consultation with the Township Engineer and in reference to PennDOT's Design Manual, Part 2, Publication 13 M, as amended.

B. Construction standards for guide rails shall be pursuant to PennDOT's Publications 72 M - RC standards, and 408 - Specifications, as amended.

§ 138-515 Road signs.

A. Road nameplates shall be put at all intersections, naming all roads at each intersection, and shall be visible from both directions when approaching an intersection. The sign shall be parallel to the road that it is identifying.

B. Road nameplates shall match existing road nameplates as currently used by the Township.

(1) Road nameplates shall be mounted on a heavy-gauge steel post painted green of sufficient length to allow the bottom of the sign to be eight feet from the curb or ground final grade and long enough to allow at least three feet being embedded in a hole at least 12 inches in diameter, three feet deep, and shall rest on a steel plate or flat stone at the bottom of the taking care that the post is plumb.

(2) The post shall be equipped with such standard rust-proofed hardware as to hold the nameplates rigidly in a proper and permanent position and to prevent their swaying in the wind.

(3) The signs shall be of rustproof materials, such as aluminum, and the proper thickness and properly reinforced at the edge to have rigidity and stiffness. If they are of a material other than aluminum, such as steel or cast iron, they shall be adequately rust-proofed by bonderizing or other acceptable methods, prior to final painting. The backgrounds shall be white and the letters green or other acceptable contrasting colors. The finish shall be equivalent to a baked enamel and the letters shall be of the spacing and proportions as recommended in one of the alphabets used by the Federal Highway Administration (FHWA) Manual on Uniform Traffic Control Devices (MUTCD) U.S. Bureau of Public Roads. Lettering on ground-mounted road name signs should be at least six inches high in capital letters, or six-inch uppercase letters with 4.5-inch lowercase letters. For local roads with speed limits of 25 mph or less, the lettering height may be a minimum of four inches. The letters shall have a minimum height of 3 1/2 inches. All signs shall be of a reflecting type per the standards of the FHWA.

(4) The signs shall be located with a view to making them seen at all times with a minimum of effort by both pedestrian and vehicular traffic, and as close to the side of the cartway or curb as practical, but no part of the name plate shall be permitted to overhang any part of the cartway or curb.

(5) Types and samples of road nameplates, standards and installation and location shall be submitted for the inspection and approval of the Township prior to installation.

C. Road signs, including stop and speed limit signs, shall be erected prior to occupancy of the first dwelling on the road.

D. Road signs shall be consistent in design and construction standards with those in general use by Pennsbury Township.

E. All signs shall be high-grade reflectivity signage in accordance with current PennDOT and FHWA standards.

§ 138-516 Sidewalks and trails.

A. Sidewalks. The Township may require, at its discretion, sidewalks on one or both sides of any existing or proposed roads, within parking areas, and to establish pedestrian connections to parking areas and green spaces or through blocks.

B. Trails. The Township may require at its discretion that in any subdivision or land development, a system of bicycle, equestrian, and/or pedestrian trails or other access for public use be established and secured by dedication or easement in accordance with the standards set forth in Appendix E.

(1) Provisions for the continued use, and any necessary improvement, of existing trail(s) may be required.

(2) Existing trails may be relocated where the points at which such trails enter and exit the subject tract remain largely unchanged and/or where a connection with a trail on an adjoining property is thereby established.

(3) New trail(s) may be required to provide for internal circulation within the subject tract or to facilitate provision of an interconnected trail network within and beyond the Township.

C. Maintenance of sidewalks and trails.

(1) All sidewalks and trails shall be maintained so as to preserve the applicable design parameters set forth herein.

(2) Maintenance of sidewalks and trails, whether located within a public right-of-way or not, shall be the responsibility of the owner of the property encompassing or directly adjacent to the sidewalk or trail or by homeowners' association if applicable. Note(s) shall be added to the record plan indicating the maintenance responsibilities for all sidewalks and trails. If a homeowners' association is responsible for trail maintenance, such obligation shall be included in the formation documents.

(3) Sidewalks or trails which are damaged or deteriorating and present a hazard to public safety shall be repaired at the expense of the party responsible for maintenance.

(4) The maintenance obligation for sidewalks and trails shall include an obligation to regularly clean up and collect trash, rubbish and refuse which accumulates along the sidewalk and/or trail.

D. Design standards for sidewalks.

(1) The minimum width of all sidewalks shall be four feet and a minimum three-foot-wide planting strip between the curb and sidewalk shall be provided. If no curb is present or required, a minimum five-foot-wide planting strip between the edge of shoulder and sidewalk shall be provided. Where a sidewalk exists on an adjoining property, the dimensions may be modified to transition to the existing conditions provided the sidewalk is located within the road right-of-way.

(2) Where required, the grades and paving of sidewalks shall be continuous across driveways, such that the pedestrian access is clear and continuous.

(3) Sidewalks shall be laterally pitched at a slope of not less than 3/8 inch per foot to provide for adequate surface drainage.

(4) Handicap ramps shall be provided at all intersections. All sidewalks and sidewalk ramps must meet the requirements of the Americans with Disabilities Act and the Pennsylvania Universal Accessibility Act. Where the grade of any handicap ramp exceeds 5%, a nonslip surface texture shall be used.

(5) All sidewalks shall conform to the specifications for Class AA concrete, as specified by Pennsylvania Department of Transportation, with a minimum compression strength of 3,500 psi after 28 days.

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

(7) Sidewalks shall have a minimum thickness of four inches when used solely for pedestrian traffic; a minimum thickness of six inches at all residential driveways; and eight inches for all nonresidential driveways. Welded wire fabric (6/6-10/10) shall be provided in all sidewalks constructed at driveways. Upon approval of the Township Engineer, fiber-reinforced concrete may be used as an alternative.

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

§ 138-517 Easements.

A. Easements with a minimum width of 20 feet shall be provided for all utilities. Additional width may be required for access and maintenance to ensure that at least 10 feet of easement area is provided on either side of the utility facility, line, etc. Where necessary for construction, permanent or temporary construction easements shall be required.

B. Easements shall be centered on or adjacent to rear or side lot lines.

C. Nothing shall be permitted to be placed, planted, set or put within the area of an easement unless necessary for the purpose(s) of the easement and expressly provided for in the easement documentation. By way of example but not limitation, fences, trees, decorative landscaping beds, sheds and other structures are not permitted within easements.

D. Easements shall be required along existing trails which are to remain in the width required by § 138-516D. Such easements may be offered for dedicated to the Township for public use. The Township may accept the offer of dedication in its sole and absolute discretion, with no obligation to do so.

E. The Township may accept dedication of easements prior to the final dedication of improvements to enforce such easements during construction or prior to the completion of all improvements, all at the sole and absolute discretion of the Township. Offering easements by deeds of dedication to the Township shall in no way affect the applicant's obligations under this chapter.

F. Metes and bounds legal descriptions and plot plans shall be provided for all easements intended for dedication to the Township or other governmental entity.

G. The applicant shall provide a method of physically delineating easements for emergency access, pedestrian access or other utilization across private lots. Such method may include shrubbery, trees, fence, markers, or other method acceptable to the Township.

H. Any easement or right-of-way required herein shall be made part of the deeds to all affected properties. Any error found in a deed shall be immediately corrected and rerecorded in the Chester County Recorder of Deeds office at the sole expense of the applicant. The applicant shall be solely responsible to the buyer and the Township for any failure to record an easement or right-of-way shown on the approved plan. Failure to record an easement or right-of-way shown on the approved plan shall not prevent its intended use from being utilized nor shall such failure affect the validity of the easement shown on a recorded plan. All easements and rights-of-way shown on the final plan of record shall be deemed to be incorporated in the appropriate deed.

§ 138-518 Water supply and fire protection.

A. Each dwelling unit, commercial or industrial building in all subdivisions and land developments hereafter granted approval shall have an adequate supply of potable water for domestic use and, if required by applicable building code to be equipped with sprinklers, shall be supplied with adequate supply of water for such fire protection.

B. Where the applicant proposes that individual on-site water supply systems shall be utilized, the applicant shall be responsible either to install such facilities or to guarantee (by deed restriction or otherwise), as a condition of the sale of each lot or parcel within the subdivision, that all necessary facilities shall be installed by the purchaser of such lot or parcel. The proposed locations of wells shall be shown on the preliminary plan for each lot; existing wells on the property or on adjoining properties must also be shown. Isolation distances (a circular area whose radius conforms to PADEP regulations) from on-site sewage systems, where proposed, must also be indicated on the plan. Individual water supply systems shall be designed and installed in accordance with all applicable standards of the PADEP and the Township's regulations concerning installation of such systems, including but not limited to the Township's Well Construction Standards Ordinance.

C. Where 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 land development, the applicant shall present evidence to the Township that the subdivision or land development is to be supplied by a certificated public utility, a bona fide cooperative association of lot owners, or by a municipal corporation, authority, or utility. A copy of a certificate of public convenience from the Pennsylvania Public Utility Commission or an application for such certificate, a cooperative agreement or a commitment or agreement to serve the area in question, whichever is appropriate, shall be acceptable evidence. Such evidence shall be provided prior to recording of the final plan.

D. The design and installation of any central (public or community) water supply system shall be in accordance with the standards provided by the supplying entity (e.g., CWA or Aqua PA) and subject to the approval of the Township, the PADEP and other regulatory bodies having jurisdiction. Any such system shall be further subject to satisfactory provisions for the maintenance thereof. Standards and materials for the construction of any central water supply system shall meet or exceed those requirements described in the "Public Water Supply Manual of the Pennsylvania Department of Environmental Protection" and shall be subject to the approval of the Township.

E. In all subdivisions and land developments served by a central water system, the following water pressure and gallonage requirements shall apply:

(1) Residential use. Minimum working pressure of 30 pounds per square inch shall be provided at each house to be connected to the water supply main with sufficient capacity to supply a minimum of 300 gallons of water per residential unit per day.

(2) Commercial or industrial use. A minimum working pressure of 30 pounds per square inch shall be provided at each commercial or industrial building connected to the water supply main. When a building wishes to connect to a central water system, a study shall be made to determine if there is adequate water supply in the system to supply the building and use.

F. In all subdivisions and land developments served by a central water system, the following fire protection standards shall apply to the design and construction of the water system:

(1) Fire hydrants suitable for the coupling of equipment serving the Township shall be installed as specified by the Insurance Services Office of Pennsylvania and shall comply with applicable fire company standards. Location of hydrants shall be approved by the Township.

(2) All fire hydrants will be located on an eight-inch line or a looped six-inch line. Where a dead-end line contains a fire hydrant, the portion of the line between the main loop and the hydrant shall be an eight-inch minimum diameter.

(3) Fire hydrants shall be spaced so that all proposed building(s) will be no more than 600 feet from a hydrant measured along travel ways (driveways, roads, etc.).

(4) Residential use.

(a) For purposes of fire protection of residential uses, the system shall be capable of providing fire flow water for a minimum of two hours of not less than 1,000 gallons per minute for one- and two-family dwellings having a fire-flow calculation area not in excess of 3,600 square feet. Fire flow and flow duration for dwellings having a fire-flow calculation area in excess of 3,600 square feet shall not be less than that specified in the then-current edition of the Pennsylvania Uniform Construction Code.[1]

[1] Editor's Note: See Ch. 78, Building Construction, Art. I, Uniform Construction Code.

(b) A reduction in the required fire flow of 50% may be permitted when all buildings within a development are required to be provided with approved automatic sprinkler systems in accordance with the International Fire Code as adopted by the Pennsylvania Uniform Construction Code, as amended from time to time.

(5) Commercial or industrial use.

(a) For purposes of fire protection in commercial and industrial uses, the system shall be capable of providing fire flow and flow duration based on the type of use, hazard, and construction as specified in the Pennsylvania Uniform Construction Code, as amended from time to time; however, the fire flow shall not be less than 1,500 gallons per minute.

(b) A reduction in the required fire flow by 50% may be permitted when all buildings within a development are provided with an approved automatic sprinkler system in accordance with the International Fire Code as adopted by the Pennsylvania Uniform Construction Code, as amended.

G. Any applicant proposing a central water supply system shall submit a "Proposed Water Supply Study" evidencing sufficient water supply quality and quantity. This study shall include those specific items described in the Public Water Supply Manual of the Pennsylvania Department of Environmental Protection. Where the water supply system occurs under the jurisdiction of the Pennsylvania Public Utility Commission, the water supply study also shall include those items of information required by the PUC. Where a water supply system occurs within the jurisdiction of the Delaware River Basin Commission the design and permitting of the system shall comply with the rules and regulations of DRBC.

(1) The applicant, landowner, or developer shall submit with the preliminary subdivision plan, five copies of documentation, which shall be designated as "Proposed Water Supply Study."

(2) The water supply study shall contain the name, address and telephone number of the proposed water supplier (the company, water company, public utility or association) proposed by the applicant to supply water to the subdivision or land development. In addition, there shall be provided a complete description of the source of the water supply, the quantity of water available from the source or sources, the capacity of existing or proposed reservoirs and their locations, and other pertinent data.

(3) If wells are to be utilized as a part of the proposed water supply system, the number of wells, the pumping capacity of each well, the number of hours per day that each well pump operates, the depth of each well, depth of water table in each well, diameter of well casing, drawdown-rated capacity of each well, the maximum sustained yield from the well test together with a copy of the well test data all shall be supplied with the proposed study.

(4) The study shall outline the size of proposed water mains to be utilized for the subdivision or land development, and the number and location of proposed fire hydrants within or near the development. Further, the study shall contain the number of residential customers on the existing system (if any), the number of proposed new residential, commercial or industrial customers, and the estimated number of gallons required to service both and existing (if any) and proposed system when the subdivision or land development plan is completed.

(5) Within the study a description shall be provided outlining the service area of customers to be provided and if the utility is regulated by the Public Utilities Commission of the Commonwealth of Pennsylvania, notations shall be made as to whether the proposed subdivision or land development falls within the supplier's approved franchised area. If it is necessary to obtain PUC approval to extend a franchise area to the site to be covered, such approval shall become a condition precedent to the recording of a final subdivision or land development plan.

(6) The proposed public water supply study submitted by the applicant shall be reviewed by the Township Engineer in conjunction with the subdivision or land development plan. The Township Engineer shall provide commentary to the Township with respect to the applicant's compliance with this section of this chapter. The Township reserves the right in its sole discretion to require a further independent engineering study as to the adequacy of the proposed water supply system in the event the Township Engineer does not approve the study submitted. The applicant, landowner, or developer must bear the cost of such confirming independent engineering study. A final plan will not be approved unless all of the above requirements and the following requirements listed below are fully met.

(7) With regard to minimum water supply requirements, each new residential dwelling shall be provided with a minimum domestic pressure of 30 pounds per square inch at the house connection and each such dwelling shall be provided with a minimum of 300 gallons of water per residential unit per day. For any new commercial or industrial use, a minimum pressure of 30 pounds per square inch shall be provided which shall meet all potable water supply requirements for the intended use in addition to providing fire flow water requirements for a minimum duration of two hours of not less than 500 gallons per minute at residual pressures of 30 pounds per square inch. Fire hydrants for either residential, commercial, or industrial development shall be spaced every 600 feet within the proposed development.

(8) The water supply study shall demonstrate that all potable water required for the subject subdivisions and/or land developments shall meet the water quality standards as established by the U.S. Environmental Protection Agency, originally listed as the National Interim Primary Drinking Water Regulations, EPA Document No. 570/9-76-003, and as further amended in the Federal Register, Wednesday, December 24, 1975, through Wednesday, August 27, 1980, and including the National Secondary Drinking Water Regulations as listed in the Federal Register, Thursday, July 19, 1979. In addition, any known carcinogens which have been identified as of the date of this chapter and which might be identified after the date of this chapter, shall be identified in any and all testing procedures of the proposed public water supply and water supplies exceeding the established carcinogenic levels shall not be utilized for domestic purposes.

H. Any applicant proposing a central water supply system shall further submit a "business plan" pursuant to applicable regulations or guidelines of the Pennsylvania Department of Environmental Protection. The business plan shall demonstrate that the fees assessed to the end users shall cover the operational, maintenance and capital replacement costs affiliated with the operation of the entire system. Further, the fees assessed shall be reasonable compared to other central water supply systems. Further, the estimated monthly or quarterly fees shall be disclosed to all potential buyers within the area served by the central water supply system. In addition, the applicant shall, prior to recording of a final plan for subdivision or land development, post security in a form acceptable to the Township, in an amount sufficient to pay for a period of five years the cost of operation, maintenance, repair and personnel necessary to operate the system in the event that the system owner fails to properly staff, maintain and operate the system within permit standards. The security shall be renewed and remain in effect for the length of time the system remains in operation.

I. Construction standards.

(1) The construction standards shall comply with the public utility or public water supplier that has water supply jurisdiction for the given area.

(2) To avoid settlement under paved roadways, PennDOT 2A stone shall be used to backfill waterline trenches when they pass under paved roadways.

J. Approvals/reviews. No construction of any water distribution system shall commence prior to written approvals and/or comments from the Department of Environmental Protection, the Fire Marshal, DRBC, and the Township.

K. If the proposed subdivision or land development will utilize groundwater as the source of potable water, a hydrogeology study prepared pursuant to § 138-408 of this chapter shall accompany the preliminary plan.

L. Testing and inspections.

(1) All newly installed water mains shall be inspected by Township personnel and be pressure tested and disinfected in accordance with AWWA Standards AWWA C600 and AWWA C651, respectively. Testing shall include programs for adequate flushing, disinfection and microbiological testing of all water mains. At least one satisfactory bacteriological sample must be obtained from the water main and analyzed by a certified laboratory, with acceptable test results, before the main is placed into service.

(2) All testing, disinfection, and laboratory analysis required shall be arranged for and paid by the applicant/developer.

(3) Any deficiencies encountered shall be corrected by the applicant/developer and any required follow up testing shall be conducted and found acceptable before the system is placed into service.

M. As-built drawings prior to acceptance of the completed work. As-built drawings shall be submitted by the contractor. The plans shall be prepared by a licensed surveyor. The as-built plan shall reflect the install location, sizes and depths, as applicable, of the waterline, laterals, valves, blowoffs, and fire hydrants. All easements shall be shown and shall be fully described by metes and bounds and accompanied with plot plan(s).

§ 138-519 Sewage disposal.

Each lot in a subdivision or land development shall have a permitted sewage disposal facility in accordance with the rules and regulations of the PADEP and the Township's Act 537 Sewage Facilities Plan.

A. Documented approval of the Sewage Facilities Planning Module for Land Development by the PADEP shall be required prior to recording of the final plan.

B. Sewage facilities shall be designed and constructed in strict accordance with the applicable requirements and specifications of the Township, the Chester County Health Department, and the PADEP, as applicable.

C. A copy of the approval from all applicable agencies and all required permits shall be submitted prior to recording of the final plan.

D. Sanitary sewers shall not be used to convey stormwater nor shall floor drains or sump pumps be connected to the sanitary sewer.

E. Prior to the issuance of any permit for construction in any subdivision or land development, temporary toilet facilities shall be installed for the builders, contractors and subcontractors, unless the applicant or applicant's agent shows, to the satisfaction of the Township, that other suitable toilet facilities will be available during construction. The cost of the temporary facilitates shall be the responsibility of the applicant.

F. Wherever a public sewer system is available and when consistent with the Township's Act 537 Sewage Facilities Plan, sanitary sewers and lateral connections to each building in a subdivision or land development shall be installed at the expense of the applicant. If public sewer service is not available but is planned for the area in question, a system of sewers, together with all necessary laterals extending from the sewer to the road right-of-way line, shall be installed and capped.

G. Individual on-site sewage systems.

(1) All lots shall be provided with a tested primary and secondary on-site sanitary sewage disposal system compliant with the standards of Title 25, Chapter 73, Rules and Regulations of the PADEP, or such successor provisions as may be adopted from time to time, and Township standards.

(2) Prior to any action on the preliminary plan by the Planning Commission, the applicant shall document that all lots in subdivisions proposing on-site sewage disposal contain a suitable area as tested by the Township SEO in accord with PADEP requirements and this chapter; or, that all lots are already served by an adequate existing sewage disposal system.

(3) Should the applicant propose the use of individual systems which do not require soil testing, documentation shall be provided that the affected lots or uses are suitable for the proposed system. Cisterns or cesspools shall not be utilized for sewage disposal. In addition, a note shall be placed on the preliminary plan and final plan detailing the type of system(s) proposed and stating that the affected lots have not been tested for a soil-based system.

H. Community sanitary sewage disposal systems.

(1) The design, installation, and operation of any community sanitary sewage disposal systems shall be subject to the approval of the Township Engineer, the Chester County Health Department, and PADEP, as applicable, and may be subject to review and approval by the Delaware River Basin Commission if required by applicable law. All planning modules, agreements, construction permits, and security must be approved and/or in place prior to the construction of the system.

(2) Any applicant proposing a community sanitary sewage disposal system shall submit a "Business Plan" pursuant to applicable regulations or guidelines of the Pennsylvania Department of Environmental Protection. The business plan shall demonstrate that the fees assessed to the end users shall fully cover the operational, maintenance, and capital replacement costs affiliated with the entire system. Further, the estimated monthly or quarterly fees shall be disclosed to all potential buyers within the area served by the community sanitary sewage disposal system.

(3) Approval of a community sanitary sewage disposal system shall require satisfactory provisions for the maintenance thereof and for inspection by the Township at any time. In addition, the applicant shall, prior to recording of a final plan for subdivision or land development, post security in a form acceptable to the Township, in an amount sufficient to pay for a period of three years of the cost of operation, maintenance, repair and personnel necessary to operate the system in the event that the system owner fails to properly staff, maintain and operate the system within permit standards. The security shall be renewed as necessary and remain in effect for the length of time the system remains in operation.

(4) Operation of the system shall at all times be under the supervision of an operator duly licensed by the Commonwealth of Pennsylvania.

(5) Copies of all annual reports required by the permitting agencies shall be submitted to the Township at the same time as they are submitted to the regulating agencies. Any correspondence from the regulating agencies indicating a deficiency or violation shall be immediately forwarded to the Township. Responses by the managing entity to the violation or deficiency notice(s) shall be forwarded to the Township in a timely fashion.

I. Sanitary sewerage system design standards.

(1) Plans and specifications. Construction drawings, prepared by a licensed professional engineer, must be prepared for all facilities and shall include:

(a) An overall plan view of the collection and conveyance system showing the location of all sewers and manholes together with manhole numbers, the identification of all pumping stations and related appurtenances, all existing and proposed buildings with elevations of finished floor and basement floor (if applicable) and all existing and proposed sewer laterals. All other utilities that may pose a potential conflict shall also be delineated on the overall plan.

(b) Profile view of all existing and proposed sewer mains, including ground, rim and invert elevations, grade of all existing and proposed sewer mains and force mains, complete with pipe lengths, size, and type of material. All other utilities that may pose a potential conflict shall also be delineated on the profile plan(s).

(c) All lots without basement service shall be clearly noted on the plan(s).

(d) Drawings shall contain notes indicating that all construction of sanitary sewers shall be in accordance with the standards and specifications as amended and adopted by the Township.

(e) All elevations shall be based on USGS datum with benchmarks noted and described and shall be tied into any benchmarks established by the Township.

(f) Shop drawings of all material shall be submitted to the Township for review and approval prior to the start of construction.

(g) Erosion and sedimentation control plans shall be submitted wherever sewers are being constructed through land not covered by the overall erosion and sedimentation plan.

(2) Sewer main design criteria.

(a) Minimum sewer diameter shall be eight inches and the minimum slope shall be 1/2%.

(b) Minimum cover over the top of the sewer shall be 4 1/2 feet unless special construction precautions such as cast-iron pipe or concrete encasement are specified and approved.

(c) Maximum depth of sewer shall be:

[1] Fourteen feet for SDR-35.

[2] Eighteen feet for SDR-26.

[3] Twenty feet for SDR-21.

(d) Sewer mains shall be placed on six inches of AASHTO #8 stone bedding and where located within all existing roads, and backfilled completely with AASHTO #8 stone. Where located within new roads or lawn areas, sewer mains shall be backfilled with a minimum of 12 inches of AASHTO #8 stone with the remaining fill material made up of clean fill with stones no greater than four inches in diameter.

(e) When sewers are designed with a grade in excess of 20%, steep slope anchors shall be installed.

(f) Sewer easements outside of public rights-of-way shall be a minimum of 20 feet with an additional temporary construction easement of 10 feet.

(g) When a sewer crosses a stream or ditch, the design shall be in accordance with PADEP rules and regulations.

(h) Sewers shall be located a minimum of 10 feet horizontally from any obstruction such as a building. Sewers must be a minimum of 10 feet from a water main or 18 inches (measured from top of sewer to bottom of water main) under the same. When a sanitary sewer line crosses above or under any other pipeline with separation of less than 18 inches, the sanitary line will be provided with concrete encasement that extends 10 feet on either side of the pipe being crossed.

(i) Material. All gravity sewer mains shall be:

[1] Ductile iron pipe and shall conform to ASTM A764.

[2] Polyvinyl chloride (PVC) SDR 35 pipe for up to 14 feet depth; SDR 26 for up to 18 feet depth; SDR 21 for up to 20 feet depth, and shall conform to ASTM D3034.

J. Sewer manhole design criteria.

(1) Manholes between gravity sewers shall be placed at all changes in grade, pipe size or alignment, and at intervals of not greater than 350 feet.

(2) Manholes shall not be located in or near the gutter line of the road where they will be exposed to surface flooding.

(3) Manholes shall have a drop of 0.2 foot between the inlet and outlet.

(4) Manhole cones shall be a minimum of three feet in height.

(5) Watertight lids shall be used and noted on the plans when the manhole is within a 100-year floodplain or has the potential to become submerged. Top of manholes shall be set 1 1/2 feet above the base flood elevation where identified.

(6) In all manholes, the pipes entering and leaving the structure shall be oriented so that the flow angle is no more than 90°.

(7) When connecting to an existing manhole which contains an existing pipe of larger diameter, the contractor shall match elevations of the tops of both pipes.

(8) Material.

(a) Manholes shall consist of precast sections conforming to ASTM C-478, latest edition, and shall be of watertight construction. All internal and external surfaces shall be coated or lined.

(b) Precast base and barrel sections shall have tongue and groove joints with round rubber gaskets set in specially provided indentations conforming to ASTM C-443 or butyl base joint sealant that permits installation in temperatures from -20° F. to 120° F., and complies with Federal Specification SS-S-00210.

(c) Pipe to manhole joints shall be Lock-Joint flexible manhole sleeve, Kor-N-Seal® joint sleeve, or equivalent.

(d) Damp proofing for concrete shall be semi-mastic type Horn "Dehydratine #4," "RIW Marine Emulsified Liquid" by Toch Bros., Inc.," "Hydrocide 600" by Sonneborn, or equivalent.

(e) Manhole rungs, when required, shall be of 5/8-inch diameter, aluminum safety type steps. Rungs shall be placed 12 inches on center in concrete and shall not be subjected to any loads for a minimum of seven days. Copolymer polypropylene steps reinforced with 3/8-inch Grade 60 steel rebar throughout may be used in place of aluminum.

(f) Concrete manholes shall have a channel passing through the bottom which corresponds in shape with the lower 2/3 of the pipe. Side inverts shall be curved and main inverts (where direction changes) shall be laid out in smooth curves of the longest possible radius. The top of the shelf shall slope to drain towards the main channel.

(g) All manhole surfaces shall be damp-proofed and shall be clean, smooth, dry, and free from loose material. Damp-proofing shall be brushed onto the outside concrete surface and shall fill all voids. Damp-proofing shall be applied by the manufacturer in two coats and conform to the covering capacity of the material used in strict accordance with the manufacturer's recommendations and directions. Where necessary to repair any damaged surfaces, an additional coat shall be applied by the contractor in the field. Damp-proofing shall not be applied in freezing or wet weather.

(h) Iron castings for manhole frames and covers shall conform to ASTM A 48 and shall be Class 30. The quality shall be such that a blow from a hammer will produce an indentation on an edge of the casting without flaking the metal. Frames and covers shall be machine seated so as to provide a tight, even fit.

(i) Manhole frames shall be six inches to eight inches high and shall be approximately 35 inches in diameter with a minimum opening of 22 inches and a maximum opening of 44 inches. Manhole covers shall be solid and shall have the words "SANITARY SEWER" (three inches high) cast on the top. Covers shall have two concealed pickholes.

(j) Casting shall be given one coat of cold-tar pitch varnish at the factory before shipment and said coating shall be smooth and tough and not brittle.

(k) Frames shall be set concentric with the top of the masonry and in a full bed of mortar so that the space between the top of the manhole masonry and the bottom flange of the frame shall be completely filled and made watertight. A thick ring of mortar extending to the outer edge of the masonry shall be placed all around and on top of the bottom flange. Mortar shall be smoothly finished and have a slight slope to shed water away from the frame.

K. Sewer lateral design criteria.

(1) Lateral connections to each lot shown on the approved final plan shall be installed to the right-of-way line of the road prior to road paving. All laterals and cleanouts shall be capped and sealed to prevent the infiltration of any liquid. No underground water from springs or basements shall be permitted to enter any sanitary sewer line. Capped sewers shall be so installed as to avoid placing connections under any paved areas or driveways.

(2) Each building shall have a separate connection (lateral) to the sewer main.

(3) Existing lateral lines may be utilized for new connections provided that they pass necessary tests, as required by the Township.

(4) Minimum lateral diameter shall be four inches and minimum slope shall be 2%.

(5) The minimum cover shall be four feet to prevent crushing and freezing.

(6) A straight horizontal alignment shall be maintained where feasible.

(7) Clean-outs shall be provided at:

(a) Intervals of not greater than 50 feet for four inches diameter laterals and 100 feet for six-inch-diameter laterals.

(b) All horizontal bends of 22.5° or greater.

(c) Within 10 feet of building foundations.

(8) Material. All laterals shall be cast iron, ductile iron or SDR 35 (ASTM D3034) PVC pipe. Under driveways, parking lots or where otherwise directed by the Township, cast iron or ductile iron pipe may be required.

L. Testing and inspections.

(1) All sewers, including mains, laterals and manholes, shall be subjected to inspections by the Township and tested for leakage in accordance with the requirements of the Township. The applicant shall be responsible for furnishing all necessary material and equipment for testing as well as permanent access for inspection by the Township.

(2) Air Testing of all sewers shall be in accordance with ASTM C828.

(3) If determined necessary by the Township, a closed-circuit television (CCTV) inspection shall be performed on the sections or portions of the sewer, as directed. Videotapes in DVD format and a written report of all television inspections shall be provided to the Township. The form of the report and type and format of the videotape shall be approved by the Township. Fees and costs connected with television inspections shall be paid for by the developer or owner.

(a) All dips, cracks, leaks, improperly sealed joints, and departures from approved grades and alignment shall be repaired by removing and replacing the involved sections of pipe.

(b) All defects and corrective work required as the result of CCTV inspections shall be performed by the developer without delay. Upon completion thereof, the sewer shall be retested and such further inspection made as warranted.

M. Pump station design criteria.

(1) Pump station designs shall follow the "Ten State Standards," published by Health Research, Inc., Health Education Services Division (Most Current Edition) or as recommended by Domestic Wastewater Facilities Manual, published by PA DEP.

(2) All public pump stations (to be dedicated to the Township) shall be reviewed and permitted by the Department of Environmental Protection.

(3) Private pump stations shall be reviewed and approved by the Township using the references cited in Subsection M(1) above.

(4) Force main pipe criteria shall meet the standards established in Subsection M(1) above.

N. Low-pressure sewer system design criteria.

(1) Low pressure sewer systems shall be designed in accordance with "Environmental One Low Pressure Sewer System's Design Manual."

(2) All low-pressure sewer systems shall incorporate a prevention preparedness and contingency plan, PPC.

O. As-built drawings. Prior to acceptance of the completed work, copies of as-built drawings shall be submitted by the developer (contractor). The plans shall be prepared by a licensed surveyor or engineer and show as-built locations of all lateral stubs.

§ 138-520 Other utilities.

A. All other utility lines, including but not limited to electric, gas and telephone, shall be placed underground. Installation of all utilities shall be in strict accordance with the engineering standards and specifications of the Township and of the public utility concerned.

B. Crossings for underground utilities shall be installed before the roads are constructed where any crossings are planned or anticipated.

C. Easements shall be required pursuant to § 138-517 to facilitate the maintenance and repair of utility lines. Facilities shall be located within a right-of-way or in the center of an easement not less than 20 feet wide.

D. All proposed utility locations shall be coordinated so as not to conflict with landscaping requirements.

E. In accordance with the provisions of the Pennsylvania Utility Line Protection Act, Act 287 of 1974, as amended (Act 199 of 2004),[1] an applicant shall contact all applicable utilities and accurately determine the locations and depths of all underground utilities within the boundaries of the tract proposed for development prior to excavation. A list of the applicant's utilities and each utility's phone numbers shall appear on the plans submitted for review, and proof of contact shall be presented in the form of the Pennsylvania One-Call System serial number.

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

F. All private utility line locations requiring an easement shall be made by deed of dedication and shall include a metes and bounds description and plot plan(s). All instruments describing the utility, its location and maintenance obligation shall be recorded.

§ 138-521 Monuments and markers.

A. Monuments shall be placed at sufficient locations to define the exact location of all roads and to enable the reestablishment of all road lines. Monuments shall be set on the road line on one side of the road at the beginning and ending of all curves and at those points on the curve at road intersections necessary to establish the actual intersection. Monuments shall be placed at the tract perimeter where no monuments already exist.

B. Markers shall be placed at all points where lot lines, including open space lots or parcels, intersect road lines or other lot lines and at all angle points in lot lines, except where concrete monuments are required.

C. Monuments shall be concrete with a minimum top width of four inches by four inches and a bottom width of six inches by six inches. The minimum height shall be 24 inches. The concrete monument shall be composed of ferrous or other material detectable by an electromagnetic locator.

D. Markers shall be steel bars at least 24 inches long and not less than 5/8 inch in diameter.

E. All monuments and markers shall be certified for accuracy by the developer's surveyor or engineer. Accuracy of monuments and markers shall be within 3/100 of a foot.

F. In cases where it is impossible to set a monument or where the permanency of a monument may be better ensured by offsetting the monument with a reference monument(s), the Township may authorize such procedure, provided that proper instrument sights may be obtained and complete offset data is designated on the record plan. In such instances, two reference monuments shall be set on the boundary line(s) that intersect the corner.

§ 138-522 Landscaping, screening, and street trees.

A. General landscaping requirement. Any part or portion of any lot or tract which is not occupied by buildings or structures or used for loading, parking spaces and aisles, pedestrian circulation, designated storage areas, or other permitted impervious or semipervious surfaces, including all soils disturbed in the course of land development, shall be landscaped and continuously maintained according to a landscape plan approved by the Township or shall be left in its preexisting condition or natural state (e.g., forest, meadow or hedgerow). Existing native vegetation, natural features and historic resources shall be preserved wherever practicable and incorporated into the landscape plan. The landscape plan shall be submitted as part of both preliminary and final plan submissions and shall clearly identify all landscaped areas, all areas subject to vegetation disturbance and replacement pursuant to § 138-530, Natural resources conservation, and any areas to be left in a natural state. The landscape plan shall comply with this chapter, the applicable section(s) of Chapter 162, Zoning, relative to landscaping, and as set forth below.

B. Buffering and screening. Wherever applicable, landscape screening or buffering shall be included within the landscape plan consistent with the applicable section(s) of this chapter and § 162-1908 of Chapter 162, Zoning.

C. Parking lot landscaping. Parking lot landscaping and screening shall, at a minimum, conform to the provisions of §§ 162-1903 and 162-1908 of Chapter 162, Zoning, and with the following:

(1) Except where entrance and exit drives cross street lines, all parking areas for any purpose other than single-family detached and single-family semidetached residences shall be physically separated from any public or private street or any building by a raised curb or landscaped berm. This buffer area shall not be less than 10 feet in width, measured from the future right-of-way lines or any buildings, as applicable. This buffer shall be permanently landscaped as shown on the approved plan and maintained by the property owner.

(2) Unless there is an internal road system delineated from the parking area by a planting strip, any lot that contains more than 30 parking spaces shall provide landscaped areas within the paved parking area. No more than 20 parking spaces shall be permitted in a continuous row without being interrupted by a landscaped island with a width equal to one parking space.

(3) No more than two parking bays, each served by a separate aisle, shall adjoin each other without a landscaped island between bays with a width of 10 feet.

(4) One deciduous tree shall be required for every 10 required off-street spaces and shall be planted in the internal and peripheral landscaped islands required by this chapter. Such tree plantings shall meet the requirements for street trees set forth in Subsection D(3) and all parking lot landscaping shall conform to the plant material standards set forth in Subsection E.

D. Street trees.

(1) All subdivisions or land developments shall provide street trees of varying species along the entire length of any existing or proposed public or private road that forms a property boundary and on both sides of any newly proposed road within the subdivision or land development, except where the frontage abuts an agricultural use that is intended to remain or land which is permanent dedicated to open space whether by preservation easement, declaration of covenant or other means.

(2) One of the following road tree planting concepts shall be used:

(a) Formal allee of street trees.

[1] Use uniform road tree variety.

[2] Coordinate new plantings with existing road tree plantings, where applicable, to obtain a uniform canopy from both sides of the road.

[3] Street trees may be located within the right-of-way not less than 10 feet from the curbline or cartway edge.

[4] Street trees shall be planted at regular forty-five-foot intervals on each side of the road along road frontage.

(b) Naturalized street tree planting.

[1] Varying tree varieties.

[2] An average of one road tree shall be planted on each side of the road for every 45 feet of road frontage.

[3] Planting design shall accentuate views and integrate important landscape elements.

(3) Street trees shall meet the following standards:

(a) Minimum size: two- to 2 1/2-inch caliper.

(b) Branching height. The height of branching shall depend upon the size and species of tree; those trees selected for street tree usage shall have a minimum clearance height of seven feet above grade before branching begins.

(c) All trees shall be balled and burlapped in accordance with the standards of the following publications: "American or U.S.A. Standard for Nursery Stock," ANSI or U.S.A.S. Z60.1 of the American Association of Nurserymen, as amended. The ball depth shall be not less than 60% of the ball diameter and in all cases contain the maximum of the fibrous roots of the tree. Bare root material is not acceptable. The following standards shall apply:

Caliper (inches)	Minimum Ball Diameter (inches)
2 to 2 1/2	26
2 1/2 to 3 1/2	34
3 1/2 to 5	44
5 to 6	54

(d) Excavated plant pits shall be two feet wider than the ball size.

(e) Backfill mix for the excavated plant pit shall be composed of topsoil, compost, or other Township approved material.

(f) Tree guying.

[1] Three No. 12 galvanized steel wires shall be spaced equally around the tree and be so connected to the tree with rubber hoses that the wire does not come in contact with the tree.

[2] For trees up to and including 3 1/2-inch caliper, three oak rough-sawed stakes, two inches by two inches by eight feet, shall be used.

[3] For trees over 3 1/2-inch caliper, three ground anchor stakes, two inches by two inches by 2 1/2 feet, driven flush with grade, shall be used.

(g) Tree-wrapping paper the entire length of the tree trunk from the top of ball to the start of lateral branching shall be provided tied on with natural twine.

(h) All tree-guying material shall be removed one year after planting.

(i) All plantings shall be mulched to a depth of three inches in a six-foot diameter ring around the base of each tree or continuous beds, if trees or shrubs are less than six feet apart.

(j) Pruning. Each plant shall be pruned to preserve the natural character of the plant in a manner appropriate to the particular plant. Branches shall be thinned by approximately 25% by the removal of crossing, damaged or competing limbs back to the major crotch. The leader shall be left intact.

E. Plant material.

(1) Existing native vegetation shall be preserved wherever practicable and incorporated into the landscape plan.

(2) Landscape plantings shall use native plants selected to minimize maintenance requirements. Recommended plantings appear in "Landscaping with Native Plants" as published by PA Department of Conservation and Natural Resources. If a planting is not listed within this publication, it is not permitted by this chapter.

(3) Selected street trees, at maturity, shall provide adequate summer shade. Selected street tree species shall be of the non-grafted type. Tap-rooted species shall be required in locations proximate to roads or sidewalks.

(4) Plantings and their measurement shall conform to the standards of the following publications: "American or U.S.A. Standard for Nursery Stock," ANSI or U.S.A.S. Z60.1 of the American Association of Nurserymen, as amended. All plant material shall have been grown within the same USDA hardiness zone as the site, shall be free of disease, and shall be nursery grown, unless the Township approves of transplanting of trees to partially fulfill the requirements of this section.

F. Maintenance and inspection.

(1) All proposed landscaping shall be part of any subdivision or land development agreement(s) required in accordance with § 138-601 of this chapter. The performance guaranty required by § 138-601 shall include funds escrowed for the proposed landscaping.

(2) All landscaping work shall be performed in accordance with an inspection schedule approved by the Township Engineer or his designee as stipulated in § 138-602. No work shall proceed to a subsequent phase until inspected and approved by the Township Engineer or his designee.

(3) When the developer has completed all or any approved phase of the landscape improvements, the developer shall notify the Board of Supervisors in writing in accordance with § 138-604. To authorize the release of funds escrowed for landscape improvements, the Township Engineer or his designee must inspect and approve the improvements in accordance with the procedure set forth in § 138-602.

(4) A maintenance guaranty in accordance with § 138-601 is required for all landscape improvements. In addition, the following maintenance schedule shall apply:

(a) The owner or, at his option, a landscape contractor shall provide all maintenance work throughout the period of the landscape guaranty.

(b) The site shall be visited once every two weeks throughout the designated period with a maintenance crew and trained foreman. Reports to the owner shall be made at each visit. A quarterly work sheet shall be submitted to the owner and professional landscaper stating the date and the work performed during each visit, or if none has been required, a notation to that effect. Such reports shall be furnished to the Township upon request.

(c) Maintenance of planting beds shall include such items as: watering, cultivating, edging, trimming, diseases, pruning, and other horticultural operations for proper growth and appearance of plant materials and beds, including fertilizing as required. Maintenance also includes tightening of guy wires, maintaining mulch areas level and even, weeding, and general cleanup within all ground cover, shrub and tree planting areas. It also includes the resetting of trees and shrubs as required should settlement occur.

(d) Maintenance includes the removal of any and all trash that may accumulate in the planting beds from time to time during the maintenance period.

(e) Upon completion of the designated maintenance period, the owner will assume all maintenance responsibilities, or at his option, renew the maintenance agreement with the contractor.

(5) Any tree or shrub which dies within the term of a maintenance agreement or otherwise in less than 24 months from the date of installation shall be replaced by the landowner or developer. Any tree or shrub which is deemed, in the opinion of the Township, not to have survived or grown in a manner characteristic of its type, shall be replaced. Substitutions for certain species of plants may be made only when recommended by the Planning Commission and approved by the Board of Supervisors, by means of the approval of a revision to the approved landscape plan.

(6) Following the period designated in Subsection F(5) above, it shall be the responsibility of the landowners, tenants and/or other occupants of the premises to adequately and properly maintain the landscaped areas, whose responsibility shall include watering, cleaning of weeds and debris, pruning and trimming, replacement of dead, diseased, stolen or otherwise removed plantings, and fertilizing to maintain healthy growth.

(7) All trees above the right-of-way of any property shall be kept trimmed at least nine feet above any sidewalk and at least 11 feet above all streets.

(8) All shrubs abutting any sidewalks shall be maintained at least six inches from the edge of the sidewalks.

(9) To prevent the obstruction of vision at the corner of an intersection of streets and/or driveways, existing and proposed trees and shrubs or other landscape treatment shall be maintained at a height of no more than 30 inches and trimmed below 10 feet within the required clear sight triangle in accordance with § 138-508F of this chapter. To facilitate this standard, shrubs or ground covers to be planted shall be of the dwarf variety and shall not exceed 30 inches in height at maturity.

§ 138-523 Off-street parking and loading.

A. General requirements. The standards herein shall apply to any parking or loading or unloading area and associated access drives except where otherwise specifically provided.

(1) The number, location and design of required parking spaces, aisles and lots shall be as set forth in § 162-1903 of Chapter 162, Zoning.

(2) The location and design of required loading and unloading areas shall be as set forth in § 162-1904 of Chapter 162, Zoning.

(3) In no case shall parking areas for four or more vehicles or any loading area be designed to require or encourage cars to back into a public or private street in order to leave a lot.

(4) Every parking area shall be designed so that each motor vehicle may proceed to and from the parking space provided for it without requiring the moving of any other motor vehicle, except on-site parking associated with a single-family dwelling.

(5) Common parking lots serving multifamily dwellings, commercial and business uses, and other recreational uses shall provide parking for the physically disabled in accordance with the requirements of the Americans with Disabilities Act (Public Law 101-336), and local, state, and federal codes which implement the Act.

B. Access drives. Access drives shall comply with the provisions of § 138-512 of this chapter.

C. Grading, surface drainage.

(1) Except for areas that are landscaped and so maintained, all portions of required parking and loading or unloading facilities shall be graded, paved, and drained to the extent necessary to prevent dust, erosion, or excessive water flow across streets or adjoining properties to the satisfaction of the Township.

(2) Where the Township Engineer agrees appropriate, and where appropriate maintenance is guaranteed to the satisfaction of the Township, use of pervious paving or alternative paving materials, including grass paver blocks, may be permitted.

D. Parking and loading area paving standards. Off-street parking areas, loading and unloading areas, and interior and perimeter travel lanes shall be designed with pavement sections as specified below, as a function of anticipated traffic loads defined as follows:

(1) Light load lots. Parking lots subject to 500 or less ESALs (equivalent 18-kip single-axle loads) during a twenty-five-year design period. Small step delivery vehicles having two axles with single-axle loads up to 6,000 pounds may have regular access to these lots. However, these lots are not approved for access by tri-axle delivery or other large service vehicles, including moving vans. Construction vehicles shall not access finished surfaces on lots intended for light loads.

(2) Moderate load lots. Parking lots subject to 1,500 or less ESALs during a twenty-five-year design period. Step delivery vehicles and service vehicles having two axles with single-axle loads up to 8,000 pounds may have regular access to these lots. However, these lots are not approved for larger single-unit service vehicles and semi-tractor trailer trucks, including moving vans. Construction vehicles may be permitted to access the base course pavement on these lots, where permitted upon the recommendation of the Township Engineer.

(3) Moderately heavy load lots. Parking lots subject to 6,000 or less ESALs during a twenty-five-year design period. Step delivery vehicles and service vehicles having single-axle loads up to 16,000 pounds may have regular access to these lots. However, these lots are not approved for regular access by semi-tractor trailer trucks, including moving vans. Construction vehicles may be permitted to access the base course pavement on these lots, where permitted upon the recommendation of the Township Engineer.

(4) Heavy load lots and access drives. Parking lots subject to more than 6,000 ESALs during a twenty-five-year design period and access drives expected to handle regular access by semi-tractor trailer trucks. Construction vehicles may access the base course pavement on these lots.

(5) The applicant shall provide computations documenting expected axle loads for parking areas to support the pavement section selected.

(6) Wearing course, base course, and structural base shall be of the following depth, in inches:

Layer Designation	Layer Description	Anticipated Load	Light	Moderate	Moderately Heavy	Heavy
A - Wearing course	Bituminous	1.5	1.5	1.5	1.5
B - Base course	Bituminous or concrete	2.5	2.5	3.0	4.5
C - Structural base	Granular (stone)	6.0	6.0	8.0	8.0

E. Parking and loading setbacks. All parking spaces, loading and unloading areas, and public or private drives shall comply with the setback requirements of Chapter 162, Zoning.

F. Parking and loading landscaping. Parking lot and loading area landscaping shall conform to the provisions of § 138-522 and applicable provisions of Chapter 162, Zoning.

G. Lighting of parking and loading areas. Parking and loading areas shall conform to the outdoor lighting provisions of § 162-1910 of Chapter 162, Zoning.

§ 138-524 Outdoor lighting.

All subdivisions and land developments shall provide for outdoor lighting consistent with the provisions of § 162-1910 of Chapter 162, Zoning. A plan demonstrating compliance with the requirements of Chapter 162, Zoning, shall be submitted to the Township for review.

§ 138-525 Dedication of land, or payment in lieu of fees thereof, for parks, recreation, or open space uses.

A. Purpose. The purpose of this section is to facilitate provision for a variety of active and passive open space lands and facilities to serve the varied recreational needs of the Township's residents, businesses and industry, consistent with the Township's applicable open space or recreation plan as may be amended from time to time.

B. General requirement. All subdivisions or land developments shall make provision for reservation, dedication, and/or development of suitable areas and facilities for parks, playgrounds, trails or other active and passive recreation areas or uses, or dedication of a fee-in-lieu-of pursuant to this section.

C. Amount of recreational land and facilities required. The minimum set-aside of land and the provision of recreation facilities within the tract proposed for subdivision or land development shall be as follows:

(1) For residential subdivisions, 2,200 square feet of land for each residential dwelling unit in the proposed development, pursuant to Subsection E below.

(2) For all nonresidential developments, 5% of the gross area of the lot or tract subject to development, pursuant to Subsection E below.

(3) The type and extent of recreation facilities required shall be as determined consistent with the Township's then-current open space, parks, or recreation plan, as may be amended.

(4) If public dedication of the land is rejected by the Township, the lands to be dedicated may alternatively be conveyed to a legally constituted homeowners' association or retained by and managed by such private ownership as the Board of Supervisors may approve, so long as its use remains open to residents of the proposed development and the Township. In the event that the recreational land is to be privately owned, adequate provision shall be made for its maintenance and the posting of adequate financial security in accordance with § 138-601.

(5) Land to be publicly dedicated to the Township shall be by fee-simple deed, free and clear of all encumbrances. The executed deed shall be delivered to the Township for recording at the time of final plan approval and prior to signing of the approved plan by the Township Supervisors.

(6) The requirements of this section shall be in addition to any requirements for designation of public, common or private open space pursuant to use of the open space design option as set forth in Chapter 162, Zoning.

D. Fee-in-lieu of recreational land or facilities.

(1) If the Board of Supervisors determines in its discretion that any of the following situations is relevant, the Board may agree to accept a fee-in-lieu of recreational lands or facilities, pursuant to this section:

(a) No or insufficient land within the subject subdivision or land development proposal is suitable for active and passive recreational use by reason of size, shape, and/or location, or otherwise in conformance with Subsection E below;

(b) Park or recreational lands are already available and accessible to the proposed development;

(c) The applicant demonstrates to the satisfaction of the Board of Supervisors that the reservation of recreational lands or development of recreational facilities is not practical or not in the best interest of the proposed land development or of the Township in general; or

(d) The applicant fails to provide a recreational study that satisfactorily conforms to the requirements of Subsection F below.

(2) The amount of any fee-in-lieu of recreational land and facilities shall be as determined by resolution of the Board of Supervisors.

(3) Payment of any fee-in-lieu of recreational land and facilities shall be due and payable at the time of final plan approval of the application for subdivision and or land development or, if as a condition of final plan approval, shall be included in the required development agreement, together with posting of financial security in accordance with § 138-601. However, all such payments shall be made by the time of application for the first building permit.

(4) The Board of Supervisors, at its sole discretion, may accept a combination of land, facilities, and fee where that arrangement best meets the purposes of this section and the needs of the residents of the Township.

(5) All moneys paid to the Township pursuant to the provisions of this section shall be placed in a neighborhood park, recreation and open space fund established by the Board of Supervisors. Said fund, including interest earned, shall be used at the sole discretion of the Township for the acquisition, maintenance and improvement of park or recreational sites and land in accordance with the then current Pennsbury Township Open Space and Recreational Plan or as further amended or adopted.

E. Land characteristics and design standards. The recreational land and/or development of recreational facilities shall comply with the following standards:

(1) The recreational land and facilities shall be generally consistent with the Township's then-current Recreation, Park or Open Space Plan and Comprehensive Plan or any other open space, park or recreational facilities plan existing or subsequently adopted by the Township, or by Chester County;

(2) The intended recreational land shall be contiguous, shall be at least one acre in size and not less than 50 feet in width, and shall be located so that it equally serves all residents or expected users of the subdivision and/or land development, as follows:

(a) The land must be readily accessible to all residents or expected users of the development by virtue of at least one side of each site abutting a public street for a minimum distance of 50 feet.

(b) The shape of the land shall be suitable to accommodate those park or recreational activities appropriate to the location and needs of the residents or expected users of the development, without interfering with adjacent dwelling units, parking, driveways, and roads.

(3) The recreational land shall be interconnected with recreational lands or common open space areas on adjoining parcels where ever possible, including provision for trails for general public use where required by the Township;

(4) The recreational land and facilities shall be provided with sufficient perimeter parking when necessary, and with safe and convenient access by adjoining public street frontage or other right-of-way easements capable of accommodating pedestrian, bicycle, maintenance and vehicle traffic and providing for appropriate access movements;

(5) The recreational land shall comprise soil and drainage conditions suitable for the intended recreational uses. Such lands shall have an average slope of less than 7% and not more than 30% of the land shall be contained within the boundaries of a floodplain, or steep slope area greater than 15%, or a combination of floodplain and steep slope.

(6) The linkage of erosion and sediment control or stormwater control facilities with recreation facilities may be permitted if the presence of such facilities does not conflict with proposed activities or detract from the aesthetic values associated with the recreational facility.

F. Recreational study. In the event that the applicant or developer of land proposes to dedicate land and/or construct recreational facilities, the applicant or developer shall submit a recreational study prepared by a recreational planner or a certified planner to verify that:

(1) All criteria set forth in this § 138-525 shall be met.

(2) The proposed recreational land and facilities will be properly owned, managed and maintained by a responsible entity such as a homeowners' association, the governing documents for which shall be approved by the Township.

(3) The proposed recreational land and facilities shall be subjected to a declaration of covenants, easements and restrictions which shall be approved by the Township.

(4) The proposed recreational land shall be suitably landscaped as depicted on a landscape plan in accordance with the provisions of § 138-522 and which is approved by the Township.

§ 138-526 Green design.

Applicants are encouraged to incorporate "green" design standards, LEED standards, ENERGY STAR^® and other energy efficiency standards into proposed development, pursuant to the green design assessment required by § 138-410.

§ 138-527 Carbonate geology.

All subdivision or land developments, or portions thereof, located within, or within 200 feet of areas identified as having carbonate geologic features shall be subject to the following requirements in addition to all other requirements set forth in this chapter and in § 162-1505 of Chapter 162, Zoning.

A. Stormwater management. In addition to other applicable requirements, the following requirements shall apply:

(1) No stormwater management facility other than piping shall be located closer than 100 feet from any feature identified pursuant to § 138-404C(1) of this chapter.

(2) For the location of any stormwater management basins, the applicant shall determine the strike of the rock and undertake the following:

(a) The applicant shall establish two trenches perpendicular to the strike of the bedrock. The trenches shall be 10 feet from the top of the berm elevation of the facing sides of the proposed basin, and both ends of each trench shall extend five feet beyond the top of berm elevation of the proposed detention basin. The dimension of the proposed basin between the parallel trenches shall not exceed 100 feet measured from the top of berm elevation of one side to the top of berm elevation of the other side. Trenching shall be dug to a depth of two feet below the intended floor of the basin.

(b) The applicant shall notify the Township Engineer at least 48 hours before the trenching activity and the applicant shall not begin trenching until the Township Engineer is present to observe the trenching.

(3) Stormwater management basins shall not be located in an area where subsurface pinnacles are encountered during trenching tests.

(4) Outflow from a stormwater management basin shall not empty into or be directed to any of the carbonate features identified pursuant to § 138-404C(1) of this chapter and shall be directed away from such features.

(5) Stormwater management basins shall be designed consistent with the Township's applicable stormwater management ordinance.

B. Grading. Grading on a site underlain by carbonate geology must be kept to a minimum.

(1) Existing drainage patterns shall be maintained to the greatest extent practicable.

(2) French drains shall be prohibited near existing surface drainage channels.

(3) Surface drainage channels shall not be materially affected by grading for and construction of roadways, driveways, structures, stormwater management basins or other development improvements.

C. Location of structures, roads, driveways and parking areas.

(1) No structures of any kind shall be constructed within 100 feet of any feature identified pursuant to § 138-40C(1) of this chapter.

(2) Roads, driveways and parking areas shall be located so as to minimize the extent to which they are within 100 feet of any feature identified pursuant to § 138-404C(1) of this chapter and, where so located, shall be subject to the approval of the Township Engineer.

D. Location of underground transmission lines and pipelines.

(1) Auger borings (four-inch minimum) must be made along proposed underground conduit utility lines, wastewater lines, pipelines and stormwater and sanitary sewer lines at an interval of 50 feet. These borings must be drilled to a minimum of two feet below the proposed pipe or conduit invert. Pipelines and conduit shall be laid out so that they do not intersect rock surface pinnacles, sinkholes, fissures, lineaments, faults, facture traces or caverns.

(2) A dike of clay or other suitable material shall be constructed across the width of the trench at intervals of 20 feet or less along all underground conduits, utility lines, wastewater lines, pipelines and stormwater and sanitary sewer lines.

E. Ghost lakes (closed depressions). Ghost lakes (closed depressions) shall not be disturbed. They shall not be regraded, nor shall new construction or excavation be permitted within 100 feet of them.

F. Disclaimer. The following disclaimer shall be added to the plan. "Whereas the exact occurrence of sinkholes is not predictable, the administration of these regulations shall create no liability on behalf of the Township, the Township Engineer, Township employees or consultants, or Township agencies as to damages which may be associated with sinkhole formation. That is, compliance with these regulations represents no warranty, finding, guarantee, or assurance that a sinkhole will not occur on an approved property. The Township, its agencies, consultants and employees assume no liability for any financial or other damages which may result from sinkhole activity."

G. Qualifications. A licensed professional geologist or licensed professional civil engineer with expertise in geotechnical engineering shall review aerial photographs, soils, geologic and other related data available to him or her, as the data relates to the subject property in preparation of the carbonate (karst geology) study required by § 138-404 of this chapter. The professional shall also conduct a site inspection of the property.

§ 138-528 Stormwater management.

All subdivisions and land developments shall provide for stormwater management consistent with the provisions of the Pennsbury Township Stormwater Management Ordinance, as the same may be amended and/or readopted from time to time.

§ 138-529 Grading and erosion and sedimentation control.

A. Earth disturbance activities shall conform to all applicable requirements set forth in the Pennsbury Township Stormwater Management Ordinance and Chapter 162, Zoning, as may be amended from time to time.

B. All best management practices (BMPs) shall conform to the state water quality requirements or any more stringent requirements which are applicable.

C. Post-construction water quality protection and the operation and maintenance of permanent stormwater BMPs shall be addressed as required by Article VI hereof.

D. Erosion and sediment control during earth disturbance activities.

(1) No earth disturbance activity shall commence until approval by the Township of an erosion and sediment control plan and final subdivision or land development plan with security provided as required by Article VI of this chapter. The erosion and sediment control plan shall comply with the following reference publications, as amended.

(a) 25 Pa. Code, Chapter 102, Erosion and Sediment Control, § 102.4(b)(5).

(b) PADEP Erosion and Sediment Pollution Control Program Manual, March 2000, as amended from time to time.

(2) The erosion and sediment control plan shall be prepared by a qualified professional, trained and experienced in erosion and sediment control methods and techniques.

(3) A copy of the erosion and sediment control plan and any required permit shall be available at the project site at all times.

(4) Evidence of any necessary permit(s) for regulated earth disturbance activity from the regional PADEP office or Chester County Conservation District must be provided to the Township prior to the commencement of any earth disturbance activity for which any such permit may be required, where not provided prior to or at the time of final plan approval.

(5) All graded or earth disturbance shall be stabilized, whether temporary or permanent, within 10 days of the initial ground breaking and, weather permitting, shall be watered, tended and maintained until growth is well established.

(6) Erosion and sediment controls must be constructed, stabilized, and functional before site disturbance begins within the affected tributary.

E. Until the site is 70% stabilized, all erosion and sediment BMPs must remain in place and be maintained properly as determined by the Township. Maintenance must include inspections of all erosion and sediment BMPs after each runoff event and otherwise on a weekly basis. All preventive and remedial work, including cleanout, repair, replacement, regrading, reseeding, remulching, and renetting must be performed immediately. If erosion and sediment control BMPs fail to perform as expected, then immediate replacement BMPs or modifications of those controls previously installed is required.

F. All proposed earth disturbances shall comply with the following standards related to grading and earthwork:

(1) Natural and/or existing slopes exceeding one vertical unit to four horizontal units shall be benched or continuously stepped into competent materials prior to placing all classes of fill. Cut slopes shall not exceed one vertical unit to three horizontal units.

(2) Fills toeing out on natural slopes steeper than one vertical unit to three horizontal units shall not be made unless approved by the Township after receipt of a report by a soils engineer certifying that he/she has investigated the property and made soil tests and that in his/her opinion such steeper slopes will safely support the proposed fill.

(3) Fill areas shall be properly prepared prior to the placement of any new material. If excessive wetness, springs, or other seepage of water can be observed, drainage must be provided before placement of fill is undertaken. Under no circumstances shall fill be placed upon frozen ground or ground underlain by tree stumps, branches, or other vegetative material subject to rot or decomposition.

(4) Fill shall begin at the lowest section of the area and spread in six-inch layers prior to compaction.

(5) Each layer of fill shall be inspected prior to compaction. All roots, vegetation or debris must be removed and stones larger than six inches in diameter must be removed or broken.

(6) Where required by the Township upon the recommendation of the Township Engineer, each layer of compacted fill shall be tested to determine its dry density as per ASTM D1556, including its latest revisions. The density of each layer shall be not less than 92% of maximum dry density for non-load-bearing fill and 95% of maximum dry density for load-bearing fill, as determined by ASTM D1557. The moisture content of the compacted layer shall be not more than 4% less or 2% greater than the optimum moisture content as determined by ASTM D1557.

(7) Where required by the Township, a qualified geotechnical engineer or certified testing agency shall be required to inspect and certify all fill operations. A written report by the geotechnical engineer or certified agency shall be prepared and submitted to the Township detailing his, her or its findings respecting the fill operations and compliance with the terms of this chapter.

(8) The top or bottom edge of filled or cut slopes shall be at least five feet from property or right-of-way lines of roads in order to permit the normal rounding of the edge without encroaching on the abutting property or right-of-way line.

(9) Adequate provisions shall be made for dust control.

(10) All graded surfaces shall be seeded, sodded and/or planted or otherwise protected from erosion as soon as practicable and shall be watered, tended and maintained until growth is well established at the time of completion and final inspection.

(11) Fills shall not encroach onto drainage and utility easements unless approval is obtained from all impacted parties, including but not limited to the Township and utilities which occupy the easement.

§ 138-530 Natural resources conservation.

A. The requirements of Article XV, Natural Resource Protection Standards, of Chapter 162, Zoning, shall apply to all subdivisions or land developments.

B. Conservation of woodlands and other vegetation.

(1) Except in conjunction with routine property maintenance, the following regulation shall apply:

(a) No wooded lot shall be disturbed except as follows:

[1] For the purpose of logging or timber harvesting, in accordance with § 162-1503 of Chapter 162, Zoning, and all other regulations applicable to land disturbance.

[2] For the purpose of subdivision and land development in accordance with this subsection, prior to construction of each dwelling unit or other building, the developer will stake in the field the location of the building foundation, driveway, and any utility easements to be constructed and cleared in the course of the said construction (the "prescribed area"). Following the placement of stakes, the developer will notify the Township and the Township will, following notification to the developer of the time for the same, conduct an inventory of trees greater than or equal to eight inches in caliper at breast height located on the lot and no less than 10 feet from the staked construction. In order to facilitate this procedure, developer shall apply for building permits in groups of 10 neighboring dwelling units or buildings. Following construction, an inventory will again be conducted and, for each such tree materially damaged or removed or to be removed beyond the area prescribed as above (within 10 feet of area staked for construction), one or more trees of the caliper size prescribed in the following table shall be planted in the place(s) designated by the Township and coordinate with landscape plans.

Minimum Number and Caliper of Tree to Be Removed	Minimum Caliper of Tree To Be Planted as a Replacement
1, 8" to 12"	1, 4" to 4 1/2"	or 2, 3 1/2"
1, 12" to 18"	1, 5" to 5 1/2"	or 3, 3 1/2"
1, 18" to 24"	1, 6" to 6 1/2"	or 4, 3 1/2"
1, greater than 24"	2, 6" to 6 1/2"	or 5, 3 1/2"

Refer to Appendix A for information on approved tree species and prohibited invasive species.[1]

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

(b) Evidence of tree replacement shall be provided in the form of a reforestation plan, prepared by a professional landscaper, which is part of the required landscape plan.

(c) A professional landscaper selected by the Township shall have discretion to:

[1] Require replacement of trees having a diameter at breadth height (dbh) of six inches or greater which are unhealthy or pose a safety hazard;

[2] Substitute vegetation other than trees for required tree planting;

[3] Substitute a larger caliper tree than indicated in Subsection B(1)(a)[2] above, in accordance with Subsection B(1)(e) below; and

[4] Substitute a greater number of smaller caliper trees in accordance with Subsection B(1)(a)[2] above.

(d) Design maintenance, and guaranty of such plantings shall be in conformance with § 138-522 and Article VI of this chapter. Every effort shall be made to retain as much woodland as possible of a size and configuration which will promote its growth and natural regeneration.

(e) In the event the required trees cannot be situated upon the property due to existing vegetation or some other circumstance, a larger size tree shall be planted as per Subsection B(1)(c)[3] above. However, if larger trees cannot be planted due to some site condition, then those required trees not located on the lot shall be planted at a site as directed by the Township.

(f) Disturbance to vegetation other than woodlands which provides wildlife food and cover or visual amenity shall be minimized. This may include, but not necessarily be limited to, single or groups of specimen trees, hedgerows, formal gardens, and other vegetation not considered as woodland.

(g) In the event grading will be performed on a site which shall result in the removal of the vegetation, as set forth in Subsection B(1)(f) above, on the site at any time, a permit shall be required in accordance with the provisions of the Pennsbury Township Stormwater Management Ordinance, regardless of whether such a permit is otherwise required.

(2) Disturbance or removal of vegetation occupying environmentally sensitive areas shall be undertaken only as permitted in an approved reforestation plan to minimize the adverse impacts of such actions. This shall include but not necessarily be limited to vegetation performing important soil stabilizing functions on floodplains, stream and pond banks, and areas of steep slope.

C. Protection of vegetation from mechanical injury and grading change.

(1) All woody vegetation to be retained within 25 feet of a building site, parking area, or other proposed improvement shall be protected from equipment damage by snow fencing or other effective barriers approved by the Township; fencing or barriers around trees shall be placed at the dripline, unless determined to be appropriate at another location by the Township landscape architect.

(2) Heavy equipment operators shall not damage existing tree trunks and root systems by driving heavy equipment within or otherwise disturbing the areas circumscribed by the dripline of any tree. In addition, roots shall not be cut or disturbed within the area circumscribed by the dripline of any tree. If there is no alternative to locating a utility line within the tree dripline, it is strongly encouraged that tunneling, rather than trenching, be used to minimize potential damage to tree root systems. In such cases, the professional landscaper selected by the Township shall determine the most desirable location for the survival of the tree(s). Where trenching is unavoidable, trenched holes shall be filled as soon as possible and tamped lightly to avoid the creation of air spaces.

(3) Tree trunks or exposed roots damaged during construction shall be protected from further damage by fencing or other structural barrier. Treatment of damaged areas shall be dictated by the nature of the injury, e.g., damaged bark shall be cut back to a point where the bark is intact and tight to the tree; exposed roots shall be pruned back and covered with topsoil; tree limbs shall be cut back in proportion to root areas loss. Damage shall be pruned with a sharp instrument. All pruning implements shall be cleaned with isopropyl alcohol between work on each individual tree to eliminate the spread of pathogens. In such cases, the professional landscaper selected by the Township shall have the authority to determine the treatment technique(s) most suitable to the damaged area. In addition, where stipulated by the Township landscape architect, liquid or dry fertilizer shall be applied to trees with disturbed root zones to compensate for loss of roots.

(4) Trees shall not be used for roping, cables, signs, fencing, or lighting. Nails and spikes shall not be driven into trees.

(5) The area around the base of existing woody vegetation shall be left open. No impervious cover, storage of equipment, materials, debris, or fill shall be allowed within the dripline of any existing tree.

(6) Grade changes to occur at any location on 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.

(7) The professional landscaper selected by the Township may, at his discretion, required that specimen vegetation with significant historic, visual, or environmental qualities which would otherwise be removed during site preparation under the provisions of Subsection B(1)(a)[2] above be transplanted elsewhere on the site.

(8) Should any existing vegetation on the site not scheduled or permitted to be removed be irreparably damaged during site preparation and die within 24 months of the conclusion of site disturbance activities, such vegetation shall be removed and replaced with similar vegetation in accordance with the requirements of § 138-522E of this chapter.