A.
The standards and requirements contained in this article are intended
as the minimum for the promotion of the public health, safety, and
general welfare, and shall be applied as such by the Commission and
Board of Supervisors in reviewing all subdivision and land development
plans.
B.
Whenever other municipal ordinances and/or regulations impose more
restrictive standards or requirements than those contained herein,
such other ordinances and/or regulations shall be observed, otherwise,
the standards and requirements of this chapter shall apply.
C.
The standards and requirements of this chapter may be modified by the Board of Supervisors in accordance with the provisions of § 425-7 of this chapter and Section 512.1 of the Municipal Planning Code,[1] where such modifications achieve substantially the objectives
of this chapter.
[1]
Editor's Note: See 53 P.S. § 10512.1.
D.
Land subject to hazards to life, health, or property, such as may
arise from fire, floods, disease, closed depressions, sinkholes, ground
faults and fractures, fracture traces and lineaments or other causes,
shall not be subdivided or developed for building purposes unless
such hazards have been eliminated or unless the subdivision or land
development plan incorporates measures designed to mitigate or substantially
eliminate the hazard or the risks associated therewith to the satisfaction
of the Township Engineer.
E.
Land proposed for subdivision shall not be developed or changed by
grading, excavating or by the removal or destruction of the natural
topsoil, trees or other vegetative cover unless adequate provisions
for minimizing soil erosion and sedimentation are provided under Chapter
102 of Title 25 of the Pennsylvania Code, PADEP Rules and Regulations.
F.
Traffic movements in and out of commercial and industrial areas should
not interfere with external traffic, nor should it create hazards
for adjacent residential areas.
G.
The design of streets, service drives and pedestrianways should provide
for safe and hazard-free internal circulation.
A.
General standards.
(1)
The proposed street layout shall provide access to all lots and parcels
of land within the subdivision or land development.
(2)
Where possible, the street layout shall utilize the existing topography
in order to minimize excavation, produce usable lots and center line
grades conforming to this chapter.
(3)
Where recommended by the Commission, the proposed streets shall extend
to the boundary line of the tract being subdivided so as to eventually
provide for normal circulation of traffic within the vicinity. Wherever
there exists a dedicated portion of a street along a boundary of the
tract being subdivided or developed, the remainder of said street
to the prescribed width shall extend within the development where
this would not adversely affect the proposed subdivision or development.
(4)
Arterial street frontage where a subdivision abuts an existing or
proposed arterial traffic street, the Commission and the Board of
Supervisors may require marginal access streets, reverse frontage
lots or such other treatment as will provide protection for abutting
properties, reduction in the number of intersections with the major
street, and separation of local and through traffic.
(5)
New half or partial streets shall be prohibited; subdivider shall
provide the entirety of the required cartway width within his property.
B.
Street design standards.
(1)
(2)
Interstate
I-78 is a limited-access highway and shall meet all PennDOT criteria.
[Added 9-11-2023 by Ord.
No. 2023-6]
(3)
The following table shall be the minimum street design standards,
unless PennDOT establishes a more restrictive requirement. All dimensions
in feet unless specified.
|
Design Specification
|
Type of Street
| ||
|---|---|---|---|
|
Arterial
(feet)
|
Collector
(feet)
|
Local
(feet)
| |
|
Right-of-way width
|
80
|
60
|
50
|
|
Cartway width:
| |||
|
Commercial/industrial
|
32
|
28
|
26
|
|
Residential
|
28
|
24
|
20
|
|
Shoulder width (each side) paved
|
8
|
6
|
2
|
|
On street parking
|
No
|
No
|
No
|
D.
Sight distance. Stopping sight distance represents the minimum length
required for a vehicle traveling at a given speed to stop. Stopping
sight distance is measured along the center line of the through road
from the intersection of the center lines of the through road and
the approach road. The minimum stopping distances for the various
design speeds, including corrections for grade of the through road,
are based on wet pavement conditions and are indicated in the Appendix
B.[1] The design speed shall be used to calculate downgrade
conditions while the assumed speed governs correction upgrade calculations.
[1]
Editor's Note: Appendix B is included as an attachment to this chapter.
E.
Clear sight triangle.
(1)
At any intersection with a street or another street(s) or driveway
serving two or more nonresidential uses, or serving two or more residential
uses, a clear sight triangle shall be provided. Such triangle shall
be graded, cleared and kept clear of sight obstructions other than
official signposts or utility poles for a height between two and 10
feet above the ground level.
(2)
Such clear sight triangle shall be protected by a deed restriction,
covenant stated on the record plan, or other legally binding method
acceptable to the Township.
(3)
Such triangular area shall be determined by the intersecting street
center lines and a diagonal connecting two points, one point on each
street center line. The distance along the through street center line
shall be the stopping sight distance described in this chapter and
the distance along the center line of the approach street shall be
10 feet plus the lane width of the through street.
F.
Intersections.
(1)
Streets shall intersect at right angles.
(2)
No more than two streets shall intersect at the same point.
(3)
A street intersection shall be designed to occur either directly
opposite an existing street or there shall be at least 150 feet between
center line intersections for local roads, 400 feet for collector
roads, and 1,000 feet for arterial roads measured along the center
line of the street being intersected.
(4)
Intersections shall be approached by a straight leveling area, the
grade of which shall not exceed 4% within 50 feet of the intersection
of the nearest right-of-way lines.
(5)
Street or edge of pavement intersections shall be rounded by a tangential
arc with a minimum radius of:
(6)
Street right-of-way lines shall be parallel to (concentric with)
curb arcs or edge of pavement at intersections.
H.
Horizontal curves.
(1)
For the design of a horizontal curve, the applicable stopping sight
distance is measured along the center line of the inside lane around
the curve. The sight stopping distance values are shown in the Appendix
B.[2] Use the height criteria for sight stopping distance of
3.50 feet for height of eye and six inches for the height of object.
The minimum center line radii for horizontal curves shall be as follows:
[2]
Editor's Note: Appendix B is included as an attachment to this chapter.
(2)
A straight section of road, at least 100 feet in length, shall be
introduced between horizontal curves on all collector and arterial
streets.
(3)
To the greatest extent possible, combinations of the minimum radius
and maximum grade shall be avoided.
I.
Vertical curves. At all changes of street grades where the algebraic
difference in grade exceeds 1%, vertical curves shall provide the
minimum sight stopping distances required for the design speed as
shown in the Appendix B.[3] Use the height criteria for sight stopping distance of
3.50 feet for height of eye and six inches for the height of object.
The minimum length for a vertical curve shall be as follows:
[3]
Editor's Note: Appendix B is included as an attachment to this chapter.
J.
Cul-de-sac streets.
(1)
Dead-end streets are prohibited unless designed as cul-de-sac streets
or designed for future access to adjoining properties.
(2)
A temporary cul-de-sac shall be defined as a street for which plans
exist for extension within a period of time satisfactory to the Board
of Supervisors. All other cul-de-sac streets shall be considered permanent.
(3)
A permanent cul-de-sac street shall not exceed 500 feet in length
from the center line of the intersected street (either proposed or
existing) to the center of the turnaround.
[Amended 5-9-2005 by Ord.
No. 05-3[4]]
[4]
Editor's Note: This ordinance also repealed Subsection J.4,
which immediately followed this subsection.
(4)
All cul-de-sac streets shall provide a paved turnaround with a minimum
paved radius of 40 feet and a minimum radius of 50 feet to the right-of-way.
[Amended 3-11-2002 by Ord. No. 02-02]
(5)
The circular right-of-way of the cul-de-sac shall maintain a minimum
10 feet width between the edge of the paving and the edge of the right-of-way.
The circular paving of the cul-de-sac shall be connected to the approach
paving by an arc having a radius of not less than 50 feet.
(6)
The center line grade on a cul-de-sac street shall not exceed 11%,
and the grade of the diameter of the turnaround shall not exceed 5%.
K.
Private streets.
(1)
A preexisting lawful lot of record that abuts an existing private
street that does not meet Township standards may have access for a
single principal use onto such private street, but no new lot shall
be created with access onto such streets.
(2)
An existing private street may be upgraded to allow the creation
of one or two new lots if approved by the Board of Supervisors and
if the following conditions are met:
(a)
The applicant shall grant a sufficient width of easement to
affected property owners to result in a total fifty-foot minimum width
along all street frontage that is owned by the applicant.
(b)
The applicant shall agree to ensure that the private street
will be upgraded prior to occupancy of the new lot(s) with appropriate
gravel or bituminous paving to result in a minimum cartway width of
20 feet, plus two feet shoulders on each side from the driveways of
the new lots to a public street.
(c)
The owners of the parent lot and any new lots shall be bound
to annually contribute towards the maintenance of the street.
(d)
The Board of Supervisors shall determine that the street will
be suitable for access by emergency vehicles after any improvements
that the applicant may agree to make.
(e)
The Board of Supervisors shall determine that the private street
is the only reasonable method of providing access to the property.
(3)
If individual units of an office park, townhouse, garden apartment
or mobile home park development have vehicular access onto a private
parking court, that parking court is not required to meet Township
construction standards for streets, provided that:
L.
Street construction standards.
(1)
Streets shall be graded, unproved and surfaced to the grades and dimensions identified in the "Weisenberg Township Standards for Improvements Construction" ("Township Standards"), as referenced in § 425-36.
[Amended 9-11-2023 by Ord. No. 2023-6]
(2)
Right-of-way grading.
(a)
The entire right-of-way shall be graded to the approved cross
section. All trees, stumps and other material deemed unsuitable by
the Township Engineer shall be removed. The excavation shall be backfilled
and suitably compacted per the Township Standards.
[Amended 9-11-2023 by Ord. No. 2023-6]
(b)
The finished street surface shall be crowned in conformance
with the Township Standards.
[Amended 9-11-2023 by Ord. No. 2023-6]
(c)
A proper super-elevation (banked curves) shall be approved on
arterial and collector streets when required by the Township Engineer.
(3)
Grading beyond right-of-way.
(a)
The subdivider or developer may be required to grade beyond
the right-of-way line in order to provide continuous slope from the
right-of-way line to the proposed elevation of the abutting property.
(b)
Such grading beyond the right-of-way shall generally maintain
the original directions of slope, except where stormwater runoff designs
dictate changes.
(c)
Approved plans, either preliminary or final, showing proposed
grading shall be a covenant running with the land, unless altered
by written permission from the Board of Supervisors.
(d)
In areas of earth excavation or earth fill, such grading shall
be done to a maximum slope of three feet horizontal to one foot vertical.
In areas of rock excavation, such grading shall be done to a maximum
slope of one foot horizontal to two feet vertical.
[Amended 9-11-2023 by Ord. No. 2023-6]
(e)
In no case shall the required street grading extend onto an
adjoining property with a different landowner, unless the other adjoining
property owner gives a written agreement to the developer to accomplish
such work.
(4)
All trenches excavated within the cartway of an existing or proposed
public street or right-of-way shall be mechanically compacted with
backfill per the Township Standards and acceptable to the Township
Engineer or be stone backfilled if the cartway is to be paved in the
same construction season.
[Amended 9-11-2023 by Ord. No. 2023-6]
(5)
All street pavements, including shoulder, shall consist of the appropriate
paving cross section shown in the Township Standards.
[Amended 9-11-2023 by Ord. No. 2023-6]
(6)
All streets shall be constructed upon a properly rolled and crowned
subgrade.
(7)
An applicant may, if recommended by the Township Engineer and approved
by the Board of Supervisors, use an alternative roadbed design that
is specifically recommended for that type of street by a current official
publication of PennDOT. The alternate design must provide load capabilities
equivalent to or higher than the capabilities of the designs set forth
above.
[Amended 9-11-2023 by Ord. No. 2023-6]
M.
Required traffic improvements.
(1)
In recognition of the provisions of the state traffic impact fee
and the PA Municipalities Planning Code,[5] this subsection is primarily intended to ensure that streets
bordering a subdivision or land development are coordinated and of
such widths and grades and in such locations as deemed necessary to
accommodate prospective traffic and to facilitate fire protection
and to ensure that the access into and out of subdivisions and land
developments is sufficiently safe.
[5]
Editor's Note: See 53 P.S. § 10101 et seq.
(2)
This subsection shall be carried out through determinations of the
Board of Supervisors, after considering any recommendations of the
Planning Commission, the Township Engineer, the applicant, the applicant's
professional representatives, any comments from PennDOT that may be
provided regarding a state road and any professional traffic studies
that have been submitted.
(3)
If, in the determination of the Board of Supervisors, there is a
reasonable relationship between the need for an on-site improvement
of a street and the traffic created by a proposed subdivision or land
development, the applicant for such subdivision or land development
shall be required to complete the needed improvement or fund his/her
fair share of the cost of such traffic improvement and to dedicate
sufficient street right-of-way for needed improvements.
(a)
An applicant for any land development or major subdivision shall
be required to pave any existing unpaved street and widen the cartway
and any shoulders of abutting streets to Township standards to result
in a minimum paved cartway width of 20 feet, plus two feet wide minimum
shoulders on each side for total paved width of 24 feet, that are
improved to specifications as provided elsewhere herein.
[1]
Where the Board of Supervisors determine that land owned by
another entity on the other side of the street is likely to be developed
in the near future, the Board of Supervisors may permit an applicant
to only improve the street from the center line of the street right-of-way
inward towards the project's lot lines, provided that sufficient improvements
would still be completed for public safety.
[2]
A lesser width may be permitted where the Supervisors determine
that such would be appropriate and/or would save mature trees.
[3]
A wider width may be required by the Board of Supervisors where
needed along a collector or arterial street.
(b)
Such improvements and right-of-way shall be required unless
the Board of Supervisors determine:
[1]
That there is not a reasonable relationship between the improvements
and the traffic created by the proposed development; or
[2]
That widening or right-of-way or other improvements are not
needed or that a lesser improvement is sufficient; or
[3]
That PennDOT specifically refuses in writing to allow such improvement
to a state road in the foreseeable future, in which case the Township
may still require that abutting right-of-way be dedicated to the Township
or reserved for future dedication if needed in the future.
(c)
Any improvement to a state street shall meet all PennDOT standards.
(4)
Types of required traffic improvements.
(a)
The following shall be definition of "on-site improvement,"
unless this definition is amended by state law: all street improvements
constructed on the applicant's property or the improvements constructed
on the property abutting the applicant's property necessary for the
ingress or egress to the applicant's property.
(b)
On-site improvements may include, but are not limited to, a
new or upgraded traffic signal or land dedication to improvement that
is an off-site improvement, unless the Board of Supervisors determine
that such improvement is clearly essential for the physical safety
of the occupants/residents of the proposed development (such as for
emergency vehicle access).
(5)
Funding. In place of completing a required street improvement as
a condition of final approval, an applicant may enter into a legally
binding development agreement with the Township for the applicant
to fund the improvement or his/her fair share of such improvement,
as determined by the Board of Supervisors.
(6)
Accounting. Any such funds may be placed in escrow until such time
as sufficient funds are available for a more comprehensive improvements,
with interest being used towards the cost of the improvement. Any
such funds received under this subsection shall be accounted for separately.
(7)
Staging. Any completion or funding of a required road improvement
may occur in stages in relationship to the stages of the development,
if so stated in a legally binding development agreement and/or as
a condition of final plan approval.
N.
Street names.
(1)
Proposed streets which are obviously in alignment with others already
existing and named shall bear the names of the existing streets.
(2)
In no case shall the name of a proposed street be the same as or
similar to an existing street name in either the municipality, the
same postal district or the same fire district.
(3)
All street names shall be subject to the approval of the Board of
Supervisors.
O.
Regulatory signs. The developer shall reimburse the Township for
the costs of supplying and installing needed traffic regulatory signs
and street name identification signs on public streets. The developer
shall be responsible to provide and install signs on private streets.
All traffic regulatory signs shall meet current standards of PennDOT.
P.
Off-street parking.
(1)
Off-street parking spaces shall be provided behind the street right-of-way line and shall not be located within 10 feet of a septic system absorption area or property line but may be provided in an attached or detached garage, carport, or driveway. In the case of multifamily buildings, such off-street parking spaces shall be provided in parking facilities located adjacent to, within, or near the multifamily buildings. Each off-street parking space and parking area shall meet the off-street parking requirement of Chapter 500, Zoning. The grade of such parking areas shall not exceed 5%.
[Amended 9-11-2023 by Ord. No. 2023-6]
A.
Blocks.
(1)
Residential blocks shall not exceed 2,000 feet in length in subdivisions
using an average lot size of one acre or larger and shall not exceed
1,500 feet in length in subdivisions having an average lot size less
than one acre, unless permitted by the Board of Supervisors.
(a)
Future street. Blocks shall be considered to be separated by
the reservation as part of an approved subdivision plan of a fifty-foot
minimum right-of-way reserved for a future cross street, such as a
street is intended to serve future interior lots. Such future street
is not required to be constructed until such time as the lots fronting
on it are subdivided. Such right-of-way shall be retained in the same
ownership as the abutting interior lot(s) until a street may be developed.
(2)
Residential blocks shall have a minimum length of 500 feet, unless
otherwise approved by the Board of Supervisors.
(3)
Blocks shall be of sufficient width to permit two tiers of lots,
except where access is limited by virtue of an adjoining arterial
street or by virtue of topographic limitations, unless permitted by
the Board of Supervisors.
B.
Lots.
(1)
The natural terrain shall be retained wherever possible with cut
and fill operations being kept to a minimum. Areas with natural slopes
greater than 25% shall not be planned for developed uses.
(2)
The depth-to-width ratio of the lot shall not be greater than three
to one.
[Amended 3-11-2002 by Ord. No. 02-02]
(3)
All lots shall abut on a street in conformance with the standards
of this chapter. Lots for sale shall abut on a dedicated public street
or a proposed public street, the dedication of which has not yet been
accepted.
[Amended 3-11-2002 by Ord. No. 02-02]
(4)
Side lines of lots shall be at approximately right angles to straight
streets and on radial lines on curved streets.
(5)
Double frontage lots shall ordinarily not be plotted, except as specifically
provided herein. In that event, a planting strip for a screen, at
least 20 feet in width, shall be provided along the back of the lot.
C.
Flag lots. All lots must front upon existing roadways. No new flag
lots shall be permitted.
[Amended 9-11-2023 by Ord. No. 2023-6]
D.
Emergency access. Driveways shall be designed to be accessible to
emergency vehicles. Driveways shall have a ten-foot minimum horizontal
clearance, a twelve-foot minimum vertical clearance and be designed
to support the weight of a loaded fire engine pumper truck. The property
address shall be displayed at the driveway entrance.
A.
Amount of common open space.
(1)
Within proposed subdivisions and/or land developments which are intended
to provide housing for more than five families, the developer shall
be required to dedicate land for common open space and/or recreation
in accordance with the following guidelines:
[Amended 3-11-2002 by Ord. No. 02-02]
|
EDUs to be Served
|
Minimum Common Open Space and/or Recreation
(acres)
|
|---|---|
|
6 to 10
|
0.5
|
|
11 to 25
|
1.0
|
|
26 to 50
|
3.0
|
|
51 to 100
|
6.0
|
|
101 to 150
|
9.0
|
|
For each additional 50 EDUs
|
2.0
|
(2)
In circumstances where the developer establishes to the satisfaction
of the Commission and the Board of Supervisors that the recreation
needs of a development could better be met through the use of off-site
facilities, cash to be used for these facilities may be accepted by
the Board of Supervisors in lieu of common open space being provided
within the subdivision and/or land development. The contribution shall
be made according to the schedule adopted from time to time by the
Board of Supervisors based upon land values in the Township as established
by a qualified real estate appraiser.
B.
Common open space suitability. Common open space shall be suitable
for its intended purpose, in the determination of the Board of Supervisors.
The applicant shall state in plan notes what improvements, if any,
he/she intends to make to the land to make it suitable for its intended
purpose, such as grading, landscaping, or development of trails, backstops,
goals, lighting, etc.
C.
Ownership. Areas for common open space shall be clearly identified
on subdivision and/or land development plans and may be dedicated
to the Township if the dedication is acceptable to the Township. The
Township shall have the final option to accept or reject dedication.
If the areas for common open space are not dedicated to the Township,
assurance of adequate provision for perpetual maintenance of said
common open space by inclusion of covenants running with the land
in the deeds or other instrument of conveyance, delineating such common
open space.
A.
General. All commercial and industrial subdivisions shall conform with the provisions of this section and the provisions of Chapter 500, Zoning.
B.
Block layout. Block layout shall conform with due consideration of
site conditions, the best possible service to customers, traffic and
parking circulation and pickup and delivery services.
C.
Off-street parking.
(1)
Commercial subdivisions shall provide not less than three square
feet of paved parking area, inclusive of access lanes, for every one
square foot of interior floor area, exclusive of storage areas. In
addition, paved truck loading areas shall be provided such that all
truck loading, unloading, and maneuvering can be accommodated within
the property lines.
(2)
Industrial subdivisions shall provide not less than two parking spaces
for each three employees (on any one shift) to be normally employed.
In addition, paved truck loading area shall be provided such that
all truck loading, unloading and maneuvering can be accommodated within
the property lines.
[Amended 9-11-2023 by Ord. No. 2023-6]
A.
General. All subdivisions and land developments shall be served with
an adequate water supply and sewage system, either on-lot, public
or private central systems, acceptable to the Pennsylvania Department
of Environmental Protection and in conformity with the Weisenberg
Township Official Sewage Facilities Plan (Act 537 Plan).
B.
On-lot water system (wells).
[Amended 9-11-2023 by Ord. No. 2023-6]
(1)
When
an on-lot water system or well is proposed the locations of the well(s)
must be shown on the plan. Wells shall be located no closer than 25
feet from any future street right of way line. All construction shall
be in accordance with DEP standards.
(2)
Standards
for quantity of test wells and water quality.
(a)
Where individual on-lot water supply systems (private wells) are proposed to service a residential, commercial, industrial or institutional subdivision and/or land development project requiring water usage equivalent to four EDUs or less, the owner/subdivider/developer shall provide for a minimum of one test well for the project. If the subdivision or land development project is proposed to be greater than four lots or require more than four EDUs, or if the subdivision or land development project is proposed to be expanded at some point after final plan approval, the number of test wells required shall equal the total number of lots or EDUs (whichever is greater) for the entire subdivision and/or land development project (including all previously approved and all newly proposed lots) divided by five. Any fractional number shall be rounded upward to the next higher number. For any tract previously subdivided after the effective date of this Subsection B, the number of previously drilled test wells shall be deducted as a credit toward the aforementioned requirement.
(b)
Such wells shall be drilled, cased and grout-sealed at least ten
feet into bedrock and shall have a production capacity in excess of
five gallons per minute for a period of not less than 24 hours. In
addition, the quality of the water produced by the test well shall
be tested by a water quality laboratory certified by the Department
of Environmental Protection of the Commonwealth of Pennsylvania to
determine compliance with the current standards set forth by said
Department for maximum containment limits.
(c)
In general, test wells should be located up slope from containment
sources and shall be a reasonably safe distance from said sources.
Further, all well casings shall be extended at least eight inches
above ground and wellheads should be designed to prevent flooding
from surface water runoff.
(d)
Should any of the test wells be abandoned, said well shall be sealed
in accordance with accepted standards so as to prevent future contamination
of the groundwater source. Each test well should be located in such
an area as to be usable by one of the lots proposed for said subdivision.
C.
Private central water system. When a private central water system
is proposed the location of the wells, water mains and fire hydrants
shall be shown on the plan, including a profile view. All construction
and testing of the water mains shall be in accordance with DEP standards.
Documentation shall be required that there is sufficient water capacity
within the water table. A dynamic water recovery rate and drawdown
test, as described in Appendix D,[1] shall be performed and a report submitted to the Township
for review. Fire hydrants shall be provided by the developer so that
no structure is more than 500 feet from a hydrant.
[1]
Editor's Note: Appendix D is included as an attachment to this chapter.
D.
Public central water system. Subdividers and land developers shall
provide connection to a public water system where that area to be
served is identified by the Act 537 Plan for public central sewer.
Whenever public water systems are used, fire hydrants shall be provided
by the developer so that no structure is more than 500 feet from a
hydrant.
E.
Central sewers. Subdividers or land developers shall provide sewer
connections to a public sewer system if that area to be served is
identified by Act 537 Plan for public sewer. If the Township's Act
537 Plan, a county or regional plan, or subdivision requirement indicates
that construction of sanitary sewer may serve the site within five
years, then capped sewers shall be required. When public sanitary
sewer systems are not available, but the area to be served is identified
by the Act 537 Plan for central sewer, then a central sewage, treatment
and disposal system (commonly called a "package treatment plant")
may be installed by the developer as required by and in accordance
with Pennsylvania Department of Environment Protection regulations
and the following Township regulations:
(1)
All package treatment plans shall be constructed so as to comply
with those design and equipment specifications adopted by the Township
or recommended by the Township Engineer.
(2)
The developer shall agree to contract with the Township or its designated
agent for operating and maintaining the package treatment plant system
until 90% of the proposed units have been completed and occupied or
on such earlier date as the Township, at its option, may choose. At
that time, the system shall be offered for dedication to the Township
at no cost. The Township may accept or reject the offer of dedication
at that time.
(3)
Prior to the occupancy of 90% of the units or the assumption of ownership
by the Township, the user fees shall be limited to a per unit charge
to be determined by the Township. The Township reserves the right
to establish within the rate base a portion to be allocated to system
maintenance to be incurred by the Township upon accepting ownership
of the system and the expiration of the developer's maintenance. Any
and all expenses of the system in excess of sums received from the
users shall be paid by the developer. A performance bond or similar
security shall be posted by the developer in an amount necessary to
insure that all excess invoices are paid by the developer within 30
days of billing by the Township. Said security amount shall be set
by the Township upon recommendation of the Township Engineer.
(4)
Prior to such time as the Township accepts ownership of the package
treatment plant system, the developer shall provide a maintenance
security for a period of 18 months following acceptance of dedication.
A.
Utilities. All electric power, telephone, cable television (where
available) and natural gas service lines within a new subdivision
or land development shall:
B.
Dumpsters. All apartment developments shall include conveniently
located refuse collection facilities for the residents. All uses within
nonresidential land developments and subdivisions shall include appropriate
refuse collection facilities. All bulk refuse collection dumpsters
shall be screened on three of four sides by walls or evergreen landscaping
from view of existing dwellings, adjacent undeveloped residentially
zoned lots and public streets.
C.
Easements. Easements shall be provided as follows:
(1)
Drainage, sanitary sewage, central water, emergency access and other
types of easements shall be provided as determined to be needed by
the Township and as indicated on the plans.
(2)
Locations. Unless waived or modified by the Township Engineer or
the Board of Supervisors, all lots shall include a drainage and utility
easement around the perimeter of each lot, including adjacent to the
street right-of-way. However, such easements shall not be required
where buildings (such as townhouses) are to be attached at a lot line.
(3)
Width. The standard minimum width of an easement shall be 20 feet,
which may be reduced to 10 feet for each lot if a ten-foot minimum
easement exists on the abutting side of the abutting lot. A ten-foot
minimum easement shall be provided adjacent to the street right-of-way.
(4)
Additional width of easement shall be provided for additional utilities
if required by the water or sanitary sewage supplier or the Board
of Supervisors, based upon advice of the Township Engineer.
(5)
Minimum separation distances between utility lines shall be as required
by the applicable utility or as deemed necessary by the Board of Supervisors
based upon advice of the Township Engineer.
(6)
If any activity is proposed within the right-of-way of an underground
fuel or gas pipeline, the applicant shall provide written evidence
from the operator of such pipeline that such activity is acceptable
under their safety standards and the terms of that right-of-way.
(7)
Easements shall be placed along lot lines or street rights-of-ways,
to the maximum extent possible, as opposed to the center of a lot.
(8)
The owner of the lot shall properly maintain an easement or right-of-way
in such a condition that does not inhibit its intended purpose(s).
Fill or structures shall not be placed in an easement or right-of-way
in a way that inhibits its intended purpose(s). Specifically, structures
or grading that could alter or obstruct stormwater flows in violation
of the approved final plan shall be prohibited within stormwater easements.
(9)
The Township, at its option, shall have the right to enter a stormwater
easement or any municipal easement or right-of-way to maintain it
or improve it for its intended purpose(s), although the Township does
not accept the responsibility to complete such work.
A.
Street trees. New trees shall be planted outside the right-of-way
of a public street, but a minimum of two feet from the right-of-way
line.
[Amended 3-11-2002 by Ord. No. 02-02]
B.
Type of trees. Trees shall be of nursery stock quality of a species
approved by the Township and grown under the same climatic conditions
as the location of the development. Site locations, land use, topography,
natural and historical features shall be considered by the subdivider
and the Township in selecting and approving species. Trees shall be
a deciduous hardwood type nonsusceptible to vehicular and other air
pollutants.
C.
Quality of trees. Trees permitted shall be of symmetrical growth,
free of insect pests and disease, and durable under the maintenance
contemplated. Trees which have died, or have become diseased or pest
ridden within 18 months from the time of planting, shall be replaced
by the subdivider.
D.
Size of trees. The trunk diameter measured at a height of four feet
above the finished grade level shall be a minimum of two inches. Depending
on good planting practice with reference to the particular species
to be planted, the Township, if applicable, may modify the size requirements
of trees.
E.
Quantity of trees. In all subdivisions, trees shall be planted at
intervals between 50 feet and 100 feet. The location of shade trees
will be subject to the approval of the Township.
F.
Planting. Besides conforming to all parts of this section, all planting
shall be done in conformance with good nursery and landscape practice,
and to the standards established by the Township.
G.
Protection of trees during construction.
(1)
Reasonable efforts shall be taken during any construction to ensure
the protection of trees protected by this section to ensure that the
trees are not accidentally injured or killed. These efforts shall
ensure that equipment does not damage tree trunks, that roots are
not compacted by vehicles and that the grade level around trees is
not changed by more than one foot. Temporary wooden barricades should
be placed around the root systems of trees.
(2)
If an approved subdivision or land development plan states that certain
trees are to be preserved, and if those trees are killed, then the
developer shall be required to replace those trees with new mature
trees, in addition to any other penalties provided in this chapter.
H.
Natural and historic feature preservation. Substantial and sensitive
natural features and historic structures and important archaeological
sites worthy of protection, as determined by the Board of Supervisors
upon the advice of the Planning Commission, shall be respected, incorporated
into the design of the reasonably protected in any subdivision or
land development.
J.
Preservation of existing trees.
(1)
The purposes are to protect wildlife and bird habitats, encourage
groundwater recharge, reduce air pollution, avoid pollution of creeks
by high temperature runoff, maintain the attractive character of residential
areas and conserve energy.
(2)
Tree cutting:
(a)
The number of trees with a trunk diameter of six inches or more
measured at a height of 4.5 feet above the average surrounding ground
height that are cut down or effectively killed as part of a subdivision
or land development (or in preparation to or as a result of such activity)
shall be held to an absolute minimum.
(b)
This section shall not prevent the cutting down or killing of
trees meeting any of the following criteria, based upon approved development
plans or zoning permits:
[1]
Will be within 10 feet of an approved or existing street cartway,
shoulder, driveway or sidewalk or will obstruct required sight distance;
[2]
Will be within 25 feet of the walls of an approved or existing
building or an approved on-lot septic system;
[3]
Is within an area that needs to be graded for an approved stormwater
basin;
[4]
Is clearly of old age and unhealthy and cannot be expected to
live for more than an additional five years;
[5]
Needs to be removed for an approved utility corridor;
[6]
Is diseased, dead or poses a clear danger to a structure, utility,
sidewalk or other public improvement;
[7]
Clearly needs to be removed to allow the construction of a Township-approved
principal or accessory use;
[8]
Is part of Christmas tree farm;
[9]
Is to be removed solely to allow longer rows for crop farming
or replacement by a plant nursery; or
[10]
Has a trunk diameter of less than six inches measured
at a height of 4.5 feet.
A.
Monuments.
(1)
Permanent concrete monuments shall be accurately placed at the intersections,
change in directions of all lines forming the boundary of the property
subdivided, along all interior street lines at the change in direction,
at beginning and ends of curves and at intermediate points where topographical
consideration make it impossible to sight between two adjacent monuments.
(2)
Monuments shall be constructed of reinforced concrete with a rebar
located vertically in the center having a minimum size of four inch
by four inch at the ground level and 30 inches long. The top of the
monument shall be flush with adjacent grade and marked with a indented
cross on a metal plate one-half inch round. All monuments shall be
set by or under the direct supervision of a registered professional
surveyor in the Commonwealth of Pennsylvania.
[Amended 3-11-2002 by Ord. No. 02-02]
B.
Lot pins.
(1)
Lot pins shall be accurately placed at the beginning and ending of
all curves, intersections, changes in direction of all lot lines and
at all lot corners. Where concrete monuments are required at such
location, no lot pins shall be set.
(2)
Lot pins shall be 3/4 inch diameter pipe or reinforcing rod at least
30 inches long. The top of the pin shall be flush with the adjacent
grade. All lot pins shall be set by or under the direct supervision
of a registered professional surveyor in the Commonwealth of Pennsylvania.
A.
Ground cover and topsoil. After completion of construction on a lot,
all exposed ground surfaces that are not paved and that are not covered
by approved gravel areas or decorative stones or similar material
shall be covered by a minimum of four inches of topsoil and an attractive
nonpoisonous vegetative ground cover that will prevent soil erosion
and the raising of dust.
B.
Erosion control.
(1)
Any earth disturbance should be controlled by proper measures to
prevent soil erosion and sedimentation, following DEP regulations
and standards of the County Conservation District.
[Amended 3-11-2002 by Ord. No. 02-02; at time of adoption of Code (see
Ch. 1, General Provisions, Art. I)]
(a)
If a soil erosion and sedimentation control plan is required
it shall be submitted to the County Conservation District office for
review.
(b)
Compliance with such plan shall be an automatic condition of
any approval or permit under this chapter.
(c)
Township permits may be suspended if earth disturbance does
not comply with such approved plan.
(2)
Both the owner of the property at the time of any earth disturbance
and the person(s)/company accomplishing the work shall be responsible
for preparing an erosion control plan and submitting same to the County
Conservation District and to ensure that adequate erosion control
measures are used. This should be noted on the plan.
C.
Grading plans for individual lots.
(1)
The ground adjacent to building shall be graded so that surface water
will be drained away from such building. No grading shall be completed
in such a way that soils, rocks or other debris are left in an unsightly
fashion nor in a fashion that interferes with drainage, streets or
utilities.
(2)
Materials used for fill as a future base for construction shall be
nonbiodegradable, well compacted and provide a suitable and secure
base. The Township may require that an applicant fund appropriate
underground testing of a proposed building site if there is reasonable
doubt in the opinion of the Township Engineer that the subsurface
is suitable and secure for the proposed use.
(3)
Grading plan; earth disturbance permit.
[Amended 7-11-2005 by Ord. No. 05-05]
(a)
A grading plan shall be submitted to the Township for all earthmoving
activities for building sites which include grading, filling and/or
excavation that involve any of the following:
(b)
An applicant may reference any grading plans previously approved
by the Township under this chapter. All grading plans submitted shall
be reviewed by the Township or the Township's representative in accordance
with grading plan procedures and/or checklists that the Board of Supervisors
may adopt from time to time by resolution. The Board of Supervisors
is also authorized to establish and impose fees in connection with
the submission and review of grading plans by resolution.
(4)
These plans may be subject to reviews by the Township Engineer and
the County Conservation District.
(5)
An earth disturbance permit or grading plan is not required for routine
crop farming practices, routine minor finish grading, and the installation
or repair of an on-lot system.
D.
Steep slope. If an area of a lot including slopes of 15% or greater
is proposed for construction of buildings, streets or driveways or
nonagricultural grading, then the applicant shall submit a steep slope
site plan to the Township. These submittal requirements may be met
by including the required information on subdivision/land development
plans or grading/plot plans.
(1)
A steep slope site plan shall meet the following requirements:
(a)
Show detailed slope contours for all areas that potentially
may be disturbed and/or constructed upon;
(b)
Identify all areas of 15% to 25% and greater than 25% slope;
(c)
Be to scale (such as one inch equals 50 feet);
(d)
Show substantial areas of trees and dense vegetation proposed
to be removed or preserved prior to or during the development of the
use;
(e)
Be stamped by a professional surveyor, professional engineer,
registered landscape architect or registered architect;
(f)
Show proposed locations of principal buildings, streets, driveways,
on-lot septic fields, required alternate septic field locations and
other areas of proposed soil disturbance;
(g)
State the maximum slope of proposed;
(h)
Show an area of 25 feet around the proposed principal building
locations.
