A. 
Evaluating plans. The design standards and improvements required in this chapter are the minimum requirements that the Planning Commission and the Board of Supervisors shall apply in evaluating plans for any proposed subdivision or land development.
B. 
Additional improvements. Additional or higher type improvements may be required in specific cases when the Board of Supervisors determines the improvements are clearly necessary to protect the public health and safety.
C. 
Modifications and exceptions. See § 400-107 of this chapter.
The remainder of this article sets forth the design and construction standards for required improvements. These minimum standards shall apply to any improvement, regardless of whether this chapter requires the improvement.
A. 
Land shall be suited to the purpose for which it is to be subdivided or developed.
B. 
Hazardous conditions. Land subject to hazardous conditions (such as open quarries, limestone solution channels, unconsolidated fill, floods, excessive erosion or unsafe water supply) shall not be subdivided until the developer has provided adequate safeguards to overcome or eliminate the hazards and until the Board Supervisors has approved the correction of the hazardous condition. See the floodplain requirements of Chapter 450, Zoning.
C. 
Comprehensive Plan. The subdivision or land development shall be designed in consideration of any applicable provisions of the Township Comprehensive Plan.
D. 
Zoning. All aspects of a proposed subdivision or land development shall conform to Chapter 450, Zoning, and all other Township ordinances and specifications.
E. 
Nearby development. A subdivision or land development and its street pattern shall be coordinated with existing or approved nearby developments or neighborhoods to help develop the area harmoniously and to help prevent conflicts between neighboring development.
F. 
Safety. No subdivision or land development shall occur in such a way that would significantly threaten the public health and safety, including hazards of toxic substances, traffic hazards, explosive hazards and fire hazards.
[Amended 7-13-2017 by Ord. No. 430]
A. 
Access to proposed subdivisions and land developments. All proposed subdivisions and land developments shall have adequate and safe access to the public street system.
B. 
Streets and topography. Proposed streets shall be adjusted to the contour of the land to produce usable lots and streets of reasonable gradient. See the steep slope regulations in Article V of Chapter 450, Zoning.
C. 
State and federal standards. All design elements of all streets, including horizontal and vertical alignment, sight distance and superelevation are subject to review and approval by the Township. When reviewing the design of streets, in addition to the standards in this chapter, the Rural or Urban Design Criteria in the Pennsylvania Department of Transportation "Design Manual Part 2, Highway Design," latest edition, and "A Policy on Geometric Design of Highways and Streets," AASHTO, latest revision, shall be consulted to assure that the road design is in accordance with acceptable engineering practice.
D. 
Street continuations. Where deemed appropriate by the Board of Supervisors, proposed streets shall be extended to the boundary line of the tract being subdivided to eventually provide for normal circulation of traffic within the vicinity.
E. 
Design speeds. For certain aspects of vertical and horizontal alignment discussed below, standards are determined by design speed of the road involved. For all proposed streets the subdivider shall indicate the proposed design speed. The designated design speed is subject to the approval of the Township. Unless otherwise approved by the Township, minimum design speeds shall be as follows:
(1) 
Arterial streets: 55 mph.
(2) 
Minor arterial streets: 55 mph.
(3) 
Urban collector streets: 40 mph.
(4) 
Rural collector streets: 40 mph.
(5) 
Local streets: 30 (Note: Design speeds for local streets may be reduced upon approval of the Township Engineer when the average lot size is less than 10,000 square feet.) mph.
F. 
General standards.
(1) 
The location and width of all streets shall conform to the official plans as may have been adopted by the Township and shall be properly related to all existing streets, recorded streets and official plans.
(2) 
The proposed street system shall extend existing or recorded streets at the same width as the existing or recorded streets if these streets meet the standards of § 400-1004K. If the existing or recorded streets do not meet the standards of § 400-1004K, the proposed street extensions will meet those standards.
(3) 
New local streets shall be designed as to discourage through traffic, but the subdivider shall give adequate consideration to provision for the extension and continuation of collector streets into and from adjoining properties when required by the Township. Local streets shall be extended and continued into and from adjoining properties when necessary for the proper development of traffic circulation in the Township.
(4) 
If lots or parcels in the subdivision are large enough for resubdivision, or if a portion of the subdivider's property is not proposed to be subdivided but could be subdivided in the future, the Township may require the reservation of land adequate to provide for future street access to land which could be resubdivided or subdivided in the future and require that the location of land reserved for future streets be coordinated with the street system shown on the subdivision plan.
G. 
Loop roads.
(1) 
Where practical, local streets shall be designed as "loop roads" so that all abutting lots shall have two directions of access.
(2) 
In areas where site topography and/or tract configuration prohibit the design of "loop local streets," under extraordinary circumstances the Board of Supervisors may allow the use of cul-de-sac streets. The number of such cul-de-sac streets within a subdivision shall be limited to no more than is necessary to serve the areas having the topographic or tract configuration constraints. All cul-de-sac streets shall meet the design requirements of § 400-1004N.
H. 
Partial and half street. New half and partial streets are prohibited.
I. 
Intersections.
(1) 
The center lines of streets shall intersect at right angles unless existing conditions dictate otherwise. When said conditions exist, the intersection shall be as nearly at right angles as possible, but not less than 75° at intersections.
(2) 
Intersections of more than two streets at one point shall be prohibited. Where streets intersect other streets, the intersecting street shall either be aligned with any street intersecting on the other side or be offset by the minimum distance stated in this subsection. This minimum offset and the minimum distance between center lines of parallel or approximately parallel streets intersecting a cross street from opposite directions shall be:
(a) 
One hundred fifty feet along a local street.
(b) 
Four hundred feet along a collector street.
(c) 
One thousand feet along an arterial street.
(d) 
The distances of this subsection shall be measured between the intersections of the center lines of the legal rights-of-way of the streets. (See the following figures).
(3) 
At street intersections, the property line shall be rounded by arcs with the radii listed below. For streets other than local streets, the Township may require a larger radius.
Type of Street
Minimum Radius of Arc at Intersection of Cartway Edge or Curb Line
(in feet)
Minimum Radius of Arc at Intersection of Right-of-Way
(in feet)
Arterial
40
30
Collector
30
20
Local
20
10
J. 
Arterial and collector street frontage. Where a subdivision or land development abuts or contains an existing or proposed arterial or collector street, the Board of Supervisors shall require one or more of the following methods of layout and site design if it determines one or more of these methods will be reasonable, feasible and necessary to avoid increased traffic congestion and improve traffic safety. The Board's decision to use one or more of the following methods will be based on the recommendations of the Planning Commission, the Township Engineer, any comments from PennDOT and any professional traffic studies that have been submitted.
(1) 
Provision of reverse frontage lots.
(2) 
Provision of service streets along the rear of the abutting lots, together with prohibition of private driveways intersecting the streets.
(3) 
The minimization of the number and length of driveway cuts or street intersections onto an arterial or collector street, which may include requiring the use of shared driveways between adjacent uses or lots.
(4) 
The restriction of ingress and egress involving left-hand turns onto or off of the arterial or collector street.
(5) 
The prohibition of driveways from individual dwellings entering directly onto an arterial or collector street. If there is no alternative to this, each driveway entering onto an arterial or collector street shall have adequate turn-around space for vehicles provided within the lot so that vehicles do not back onto the street.
(6) 
See also § 450-407, Frontage development along arterial and collector streets, of Chapter 450, Zoning.
K. 
Street design standards.
(1) 
Minimum street design standards shall be as shown in Table 10.1, unless PennDOT establishes a more restrictive requirement.
Table 10.1
Design Standards for Streets
(All Dimensions in Feet Unless Specified)
Design Specification
Type of Street
Arterial
Minor Arterial
Collector Urban
Rural
Local
Right-of-way width1
84
60
60
60
53
Cartway width1 (plus turning lanes as determined to be needed by the Board of Supervisors or PennDot)
64
40
40
40
33
Acceleration/declaration lane width (where determined to be needed by the Board of Supervisors or PennDOT)
10
10
NA
NA
NA
Minimum sight distance2
550
550
375
375
200
Minimum tangent between reverse curves3
220
200
100
100
100
Minimum center line radii for horizontal curves
400*
400*
300
300
150
Maximum grade**
5%
5%
6%
8%
10%
Design speed (mph)
55
55
40
40
30***
1
Additional widths may be required by the Board of Supervisors, after considering the advice of the Township Engineer, for the purpose of promoting the public safety and convenience and for providing the proposed traffic volumes.
2
Horizontal sight distances shall be measured from a point 3.5 feet above the road surface to a point 6 inches above the road surface, and shall be based upon standards of the American Association of State Highway and Transportation Officials (AASHTO). the specified sight distance shall be provided at all horizontal, sag vertical and crest vertical curves.
3
All tangents shall be measured along the street center line.
*
Larger radii may be required as determined by the Township Engineer.
**
Minimum grades for all streets shall be 1.0%, unless the Township Engineer determines that a lesser grade is acceptable.
***
Design speeds for local streets may be reduced upon approval of the Township Engineer when average lot size is less than 10,000 square feet.
(2) 
Horizontal curves shall connect street lines that are deflected in excess of 2°.
(3) 
Vertical curves shall be used at changes of grade exceeding 1%. The length of the vertical curve shall be determined by the required site distance specified in Table 10.1.
(4) 
All approaches to an intersection of two or more streets shall have a leveling area not greater than 5% grade for a distance of 50 feet, measured from the nearest right-of-way line of the intersecting street.
(5) 
The minimum grade of any street gutter shall be 1%.
(6) 
A minimum tangent of 100 feet, measured from edge of cartway, shall be required between a curve and a street intersection where one of the intersecting streets is a collector or an arterial street.
(7) 
Combinations of the minimum radius and the maximum grade shall be avoided.
L. 
Easements. Easements shall be provided adjacent to street rights-of-way, tract boundaries and lot lines and other required areas according to the following standards:
(1) 
Drainage or domestic water easements shall be provided as indicated and required by the plans. The minimum width of easement shall be 20 feet (which might include 10 feet on each side of abutting lots within a subdivision) with an additional width of 10 feet for each additional utility. A separate twenty-foot wide easement shall be provided for sanitary sewer lines, or as is required by the sewer authority.
(2) 
A minimum separation distance of 10 feet shall be provided between any sanitary sewer and any other utility or storm sewer. The center line of any sanitary or storm sewer shall be a minimum of 10 feet from the edge of any utility easement.
M. 
Sightlines at intersections of streets.
(1) 
A triangular area, as defined by this subsection, shall be graded and shall be free of sight obstructions so that vision of the intersecting streets is not obscured.
(2) 
A sight distance easement, a deed restriction, lease restriction or plan notation (whichever method is applicable), shall be used to prohibit vegetation and the construction of a fence or wall within the triangular area defined by this subsection.
(3) 
Such triangular area shall be bounded by the intersecting street center lines and a diagonal connecting two points. These points are a distance from each end of the center line of each street of:
(a) 
One hundred fifty feet from the intersection of such street center lines along one or more arterial streets.
(b) 
One hundred feet from the intersection of such street center lines along one or more collector streets.
(c) 
Seventy-five feet from the intersection of such street center lines, along one or more local streets.
(4) 
If determined by the Township Engineer to be necessary for traffic safety, the Planning Commission may require that driveways or new street intersections of a subdivision or land development entering onto a Township street meet the same PennDOT standards that would apply as if such street would be State-owned.
N. 
Cul-de-sac streets.
(1) 
The length of a cul-de-sac street shall be measured from the edge of the cartway of an intersecting street to the center of the bulb of the cul-de-sac. The minimum length of a cul-de-sac shall be 250 feet. The maximum length of a cul-de-sac shall be as listed in the following table:
Minimum Lot Width*
Maximum Cul-de-Sac Length
Greater than or equal to 200 feet
1,300 feet
150 feet to 199 feet
1,000 feet
100 feet to 149 feet
750 feet
Less than 100 feet
500 feet
*
As defined by the then applicable zoning ordinance of the Township or the actual lot width as shown on the subdivision plan.
(2) 
Cul-de-sac streets shall be provided with a turn-around having a minimum radius of 50 feet to the outside curb and 60 feet to the right-of-way line. The circular right-of-way of the cul-de-sac shall be connected to the approach right-of-way by a transition arc having a radius of not less than 65 feet. The circular paving of the cul-de-sac shall be connected to the approach paving by a transition arc having a radius of not less than 75 feet (see the figure below).
(3) 
The Board of Supervisors, upon the recommendation of the Planning Commission, may permit acceptable alternative turn-around designs, including a turn-around of acceptable radii incorporated into a parking court or a landscaped island (with an acceptable system for maintenance) within a cul-de-sac.
(4) 
No street, whether designed to be permanent or temporary, shall include a dead end without an approved turn-around at the end of the street. Temporary stub streets resulting from the phasing of a development shall include at least a temporary cul-de-sac conforming to the dimensional requirements of this section. The temporary turn-around shall be constructed with a paved surface acceptable to the Township Engineer. The Township will not accept the dedication of temporary stub streets. No lots shall be developed along the transition arcs or the turn-around of a temporary cul-de-sac street.
(5) 
The maximum grade across the turn-around shall be 5%.
(6) 
The maximum center line profile grade of any cul-de-sac shall be eight.
(7) 
On-street parking within a turn-around shall be prohibited.
(8) 
A maximum of 20 residential lots shall be permitted on any cul-de-sac street.
O. 
Vehicular access for garden apartment and townhouse developments. Garden apartment and townhouse developments shall be served by such private and public streets as will adequately connect such developments to the public street system of the Township and not create a traffic burden on surrounding developments and neighborhoods. Proposed garden apartment and townhouse developments of 20 or more dwelling units shall provide a minimum of two distinct and separate points of ingress and egress for vehicular traffic to and from the proposed development. Such vehicular access shall not be permitted (except for emergency purposes) through an existing residential development unless the access through the residential development is upon a street classified as a collector on the Township of Spring Street Classification Map. Where such collector street is existing but not constructed in accordance with current collector street design and construction standards, the applicant/developer shall be required to improve the existing collector street to the applicable collector street design and construction standards.
P. 
Maintenance. As a condition for final plan approval, the developer must enter into a legally binding agreement which shall state who is to be responsible for the improvement and maintenance of any street not offered for dedication. If an association of lot owners is to be made responsible, such association must be legally organized prior to plan approval by an agreement approved by the Township.
Q. 
Street design and construction standards.
(1) 
Streets shall be graded, improved and surfaced to the grades and dimensions shown on plans, profiles and cross-sections submitted by the developer that meet applicable Township standards. All subdivisions and land developments shall comply with the Township's "Standard Specifications for Developers," as amended, or its successor standards.
(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 to the satisfaction of the Township Engineer.
(b) 
The finished street surface shall be crowned in conformance with the Township street and improvement specifications.
(c) 
A proper super-elevation (banked curves) shall be provided 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 maintain the original conditions of slope and contours except where stormwater runoff designs dictate or warrant improvement or alteration of the original slope and contours.
(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 in conjunction with the County Conservation District.
(d) 
In areas of earth excavation or earth fill, such grading shall be done to a maximum slope of one foot vertical to three feet horizontal.
(e) 
In no case shall the required street grading extend onto an adjoining property owned by someone else, unless the other adjoining property owner gives a written agreement to the developer to do so.
(4) 
Trench excavation. All trenches excavated within the cartway of an existing or proposed public street or right-of-way shall be mechanically compacted with backfill acceptable to the Township Engineer or be stone backfilled if the cartway is to be paved in the same construction season.
(5) 
Drainage of streets shall comply with § 400-1007 of this chapter.[1]
[1]
Editor's Note: See now Ch. 388, Stormwater Management.
(6) 
Street construction standards. See the Township's standard specifications for developers for streets.
(7) 
Alternative designs. Alternative road bed designs may be prepared and will be considered. The alternate design must provide load capabilities equivalent to or higher than the capabilities of the designs set forth above. Alternate designs will be reviewed on the basis of design recommendations of the appropriate trade association and be subject to the approval of the Board of Supervisors, based upon the recommendation of the Township Engineer.
R. 
Private streets. Any private street or accessway that will eventually serve traffic from three or more residential lots or two or more industrial, commercial and or institutional lots shall be designed and constructed to Township construction standards, including the provision of a street right-of-way. These requirements may be waived or reduced by the Board of Supervisors, based upon advice by the Township Engineer, for accessways through parking courts to be maintained by the owner of a rental development or a homeowner/property-owner association.
S. 
Required traffic improvements.
(1) 
If there is a reasonable relationship between the need for an "on-site improvement"* of a street (including but not limited to a new or upgraded traffic signal or land dedication to improve an abutting intersection or the re-alignment of an abutting curve in a street or widening of the abutting cartway or right-of-way), and a proposed subdivision or land development, the subdivision or land development shall be required to fund its fair share of the cost of such improvement and/or dedicate sufficient right-of-way, when permitted by applicable law.
*An "on-site improvement" of a street shall be defined as follows, 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 that are necessary for the ingress and egress to the applicant's property."
(2) 
An applicant for any land development or major subdivision shall be required to widen the cartway and any shoulders of abutting streets to Township standards (see Table 10.1 "Design Standards for Streets"), from the center line of the street right-of-way inward towards the project's lot lines, unless:
(a) 
The Board of Supervisors, based upon review of the Planning Commission and Township Engineer, determines that such widening is not needed or that a lesser improvement is sufficient.
(b) 
PennDOT specifically refuses in writing to allow such improvement to a State street in the foreseeable future.
(3) 
In place of funding the improvement at the time of final approval, the Township may enter into an agreement to allow the developer to accomplish the improvement or allow the improvement to be funded in stages in relationship to the stages of the development or require the funds to be placed in escrow until such time as sufficient funds are available for a more comprehensive improvement. Any such funds received under this section shall be accounted for separately and remain committed to traffic improvements.
T. 
Bus stops.
(1) 
The developer of any residential land developments or subdivisions that involve 15 or more dwelling units shall contact the School District prior to submitting final plans to establish an acceptable and safe location for a school bus stop.
(2) 
The Planning Commission may require the developer of any major subdivision or land development to contact the local public transportation agency to seek an appropriate location for a public bus stop.
A. 
Lots shall conform to the applicable minimum lot sizes, lot widths, setback and all other requirements as set forth in Chapter 450, Zoning.
B. 
All lots shall front on a public or private street improved to meet Township standards or for which such improvements have been insured by the posting of an acceptable performance guarantee under this chapter.
C. 
The depth-to-width ratio of a lot shall generally not be greater than 2.5 to one or less than one to one, unless otherwise permitted by the Board of Supervisors.
D. 
Side lines of lots shall abut and be approximately at right angles to straight streets and on radial lines to curved streets, unless otherwise permitted by the Board of Supervisors. Pointed or very irregularly shaped lots shall be avoided.
E. 
Lots.
(1) 
Double frontage lots shall ordinarily not be created except as needed to avoid direct vehicular access onto an arterial or collector street by individual driveways.
(2) 
On any residential lot that includes a rear yard directly abutting onto a collector or arterial street or expressway, such rear yard shall include a 10 feet deep planting strip along the back of the lot, outside of right-of-way with access across this strip clearly prohibited on notes on any approved plan (see Figure below). This planting strip shall include evergreen plantings meeting the requirements of § 450-405I of Chapter 450, Zoning. Any fencing in the rear of such lots shall be placed on the inside of such plantings. Such plantings shall be placed so that they do not obstruct safe sight distance.
(3) 
If any remnants of land (other than rights-of-way) would exist after subdividing, those remnants shall be incorporated into existing or proposed lots.
[Amended 7-13-1998 by Ord. No. 265; 8-26-2002 by Ord. No. 286; at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
A. 
Intent.
(1) 
To provide adequate open spaces, recreational lands and recreational facilities to serve new residents of new developments, for both active and passive recreation.
(2) 
To recognize and work to carry out the officially adopted Spring Township "Parks, Recreation and Open Space Plan."
(3) 
To recognize the rationale for these common open space and fee-in-lieu of land requirements, as described in a June 12, 1990, memorandum to the Township from the Township's professional recreation planning consultants.
B. 
Applicability.
(1) 
This subsection shall apply to any subdivision or land development for which a preliminary plan or a combined preliminary/final plan is submitted after the enactment date of this amendment.
(2) 
This subsection shall not apply to plans that the Board of Supervisors determines only involve clearly minor adjustments or corrections to an approved preliminary plan or clearly minor adjustments or corrections to a preliminary plan that was before the Township for consideration at the date of the adoption of this amendment.
C. 
Limitations on use of fees.
(1) 
Any fees collected under this subsection shall be placed within an interest-bearing account and shall be accounted for separately from other Township funds.
(2) 
To ensure that the lands and facilities are accessible to the residents and employees of the developments that paid fees towards their cost, the attached "Recreation Fee District Map" (Attachment 4[1]) designates two overlapping "Recreation Fee Districts." These districts are the "Northern Recreation Fee District" and the "Southern Recreation Fee District." Any such fees collected under this section shall only be expended within the same recreation fee district as the subdivision or land development that contributed the fees.
(3) 
Such fees shall only be used for the following: acquisition of public open space, development of public recreational facilities, landscaping of public open space and closely related engineering and design work.
(4) 
Unless the Township identifies fees for a particular set of facilities or particular recreation area, then the fees shall be used for the further development of the Cacoosing Creek Recreation Area as a generally centrally located recreation area providing programs and facilities for the entire Township.
D. 
Land dedication. Any subdivision or land development regulated under this section shall be required to dedicate the specified amount of common open space, unless the Board of Supervisors determines that such land in that location would not serve a valid public purpose, in which case recreation fees-in-lieu of land shall be required.
(1) 
Generally, it is the intent of this subsection that developments of five or fewer dwelling units that do not include land that is adjacent to existing publicly-owned land shall be required to pay a recreation and open space fee in lieu of dedicating land. However, if the applicant does not agree to pay such fees, then land shall be required to be dedicated.
(2) 
The land and fee requirements of this subsection shall be based upon the number of new dwelling units that would be permitted on the lots of a subdivision or land development after approval.
(3) 
Prime open space. For the purposes of this subsection, the term "prime open space" shall mean land proposed to be dedicated as common open space that would meet all of the following standards:
(a) 
Less than 6% slope.
(b) 
Not a "wetland" under Federal and/or State regulations.
(c) 
Be part of a contiguous tract of at least two acres (which may include existing adjacent common open space).
(d) 
Not be within the "one-hundred-year floodplain" as defined by official floodplain maps of the Township.
(4) 
Amount of common open space. A subdivision or land development shall be required to dedicate the following amounts of common open space for each permitted new dwelling unit, unless the governing body determines that recreation fees in lieu of the open space would be more in the public interest.
Percentage of the Total Required Common Open Space that Would Meet the Definition of "Prime Open Space":
Minimum Required Common Open Space Per Permitted Dwelling Unit
(square feet)
0% to 39.9%
1,280
40% to 74.9%
1,175
75% to 100%
1,070
E. 
Fees for residential development. If the governing body determines that a land dedication within a proposed subdivision or land development would not be in the public interest, the applicant shall be required to pay fees-in-lieu of dedicating open space. This fee shall be $1,200 per permitted dwelling unit, or as set by resolution, from time to time, by the governing body.
F. 
Fees for business development.
(1) 
Intent. To recognize that the development of employers in the Township creates significant demand for local recreational facilities, such as athletic fields, volleyball courts and picnic areas.
(2) 
Any new business subdivision or land development shall be required to pay a recreation fee of $1,500 for each acre within such subdivision or land development that is intended for new business uses. This amount of the fee may be amended by resolution, from time to time, by the governing body.
(3) 
The fee shall be based upon the nearest 1/4 acre. (For example, if a fee of $1,500 per acre is currently in place, a 2.25 acre business use would pay a fee of $3,375.) No fee shall be required for business subdivisions or land developments involving less than 1/4 acre of land for new business uses.
(4) 
See possible modifications of fees in § 400-1007K.[2]
[2]
Editor's Note: See now Ch. 388, Stormwater Management.
G. 
Decision on land vs. fees. The Board of Supervisors shall determine whether a land dedication or the payment of fees shall be required. This determination should, but is not required to, be made at the time of sketch plan review. The Township should, at a minimum, consider the following in this decision:
(1) 
Whether the land in that location would serve a valid public purpose.
(2) 
Whether there is potential to make a desirable addition to an existing recreation area.
(3) 
Whether the proposed land would meet the objectives and requirements of this section.
(4) 
Whether the area surrounding the proposed development has sufficient existing recreation and open space land, and whether it is possible for pedestrians and bicyclists to reach those lands.
(5) 
Any recommendations that may be received from the Planning Commission, the Township Engineer, the local School Board or School District staff and the Township Parks and Recreation Board.
(6) 
Any relevant policies of the Township Parks, Recreation and Open Space Plan.
H. 
Land to be dedicated.
(1) 
Land required to be dedicated shall be suitable for its intended purpose, in the determination of the Board of Supervisors. The applicant shall state what improvements, if any, that he/she intends to make to the land to make it suitable for its intended purpose, such as grading, landscaping or development of trails. Such land shall be free of construction debris at the time of dedication.
(2) 
Required common open space shall be dedicated to the Township, unless the Board of Supervisors agrees to accept a dedication to any of the following: the Wilson School District, Berks County, a homeowner association or an environmental organization acceptable to the Board of Supervisors. In the case of a rental development, the Township may permit the common open space be retained by the owner of the adjacent residential buildings.
(3) 
If required common open space is owned by a homeowner association, the developer shall be required to establish such association in a form that requires all property owners with the development to annually contribute to the maintenance of the common open space. Any homeowner association agreements regarding required common open space shall be subject to acceptance by the Board of Supervisors, based upon review by the Township Solicitor. The provisions of Section 705(f) of the Pennsylvania Municipalities Planning Code, 53 P.S. § 10705(f), should serve as a model for such agreement.
(4) 
Any required common open space dedication shall include deed restrictions to permanently prevent its development for buildings, except buildings for noncommercial recreation or to support maintenance of the land.
(5) 
Priority shall be given to dedication of land that would be suitable for:
(a) 
A new community park in the south-central portion of the Township.
(b) 
Preserving woods, steep slopes or other important natural features or land along a creek.
(c) 
Adding needed land onto an existing public recreation area.
(6) 
Land that is not suitable for active or passive recreation shall not be accepted as part of a required dedication, including areas within a stormwater detention basin that could not serve recreation purposes. Portions intended for active recreation shall be well-drained, of less than 6% average slope and not require filling in of a wetland for use.
(7) 
Common open space within a subdivision or land development shall be contiguous, except as may be specifically exempted by the Board of Supervisors, and shall have adequate access for maintenance and for pedestrians.
(8) 
Other ordinances. Any required land dedication under this subsection shall be in addition to any land dedication or improvement requirements of any other Township ordinance or resolution.
(9) 
Lands close to buildings.
(a) 
For the purposes of this subsection, no land shall be used to meet the minimum common open space requirements of this section if such land is within:
[1] 
Fifteen feet of any building.
[2] 
Within 15 feet of a parking area of more than six parking spaces (other than parking areas specifically developed to serve the open space).
(b) 
This specifically includes, but is not limited to, open space surrounding buildings in a development of apartments or townhouses.
(10) 
Residual lands. If only a portion of a larger tract of land is currently proposed to be subdivided, or the applicant owns one or more adjacent tracts that are not currently proposed to be subdivided, the applicant shall provide a sketch of a possible future land dedication on these adjacent lands in case they would be developed in the future.
(11) 
Coordination with future adjacent dedication. The Board of Supervisors may require that a required land dedication within a property currently being subdivided be placed along an edge of the property so that it may, in the future, be combined with an open space dedication on the edge of an adjoining property when that adjoining property is subdivided or developed.
I. 
Combination of land and fees. Upon mutual agreement of the Board of Supervisors and the applicant, the Township may accept a combination of common open space and fees-in-lieu of land to meet the requirements of this section for a residential subdivision or land development. This combination shall be based upon the common open space requirement applying for a certain number of dwelling units and the fee-in-lieu of land requirement applying for the remaining number of dwelling units.
J. 
Timing of fees. Fees required under this subsection shall be paid prior to the recording of the final plan, except as follows:
(1) 
If the required fee would be greater than $5,000, and the applicant and the Township mutually agree to provisions in a binding development agreement to require the payment of all applicable recreation fees prior to the issuance of any building permits within each clearly defined phase of the development, then the fees are not required to be paid prior to recording of the final plan but may instead be paid within the requirements of that development agreement.
(2) 
If the applicant agrees to pay such fees in installments, then all such fees shall not be considered to be "paid" for the purposes of any applicable time limitations for utilization under the State Planning Code until all such fees are paid in full, including all installments and phases.
K. 
Fee modification process.
(1) 
An applicant may seek modification of the required amount of a recreation fee under this section, following the "Modifications/Exceptions" procedures of § 400-107 of this chapter. In such case, the full burden of proof, based upon relevant data and qualified professional testimony, shall be upon the applicant to clearly prove to the satisfaction of the Board of Supervisors that the required fees under this subsection would:
(a) 
For a residential development, be disproportionate compared to the current market value of the common open space that would otherwise be required to be dedicated.
(b) 
For a business development, would be disproportionate compared to the amount of impact on recreation facilities and common open spaces that the employees of the development would have upon the Township.
(2) 
An applicant may also seek a modification of the requirements of this subsection under the procedures of § 400-107 by offering to construct substantial permanent recreation facilities within the proposed subdivision or land development or on adjacent public open space that the applicant clearly proves to the satisfaction of the Board of Supervisors will substantially meet the recreation needs of the residents and/or employees, as applicable, of the development.
[1]
Editor's Note: Original Sec. 1007, Stormwater management and erosion control, amended 3-26-2007 by Ord. No. 336, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. I). See now Ch. 388, Stormwater Management.
A. 
In general. All subdivisions and land developments shall be served with an adequate sewage disposal system (either on-lot or centralized systems) that will meet State regulations.
B. 
Centralized sewage disposal system. In addition to the above general requirements, the appropriate municipal authority or agency shall also review and approve centralized sewage disposal systems.
C. 
On-lot sewage disposal system.
(1) 
If connection to a public sanitary sewage system is not required at the time of occupancy, and if an alternative central sewage system is not approved by the Township under the Township sewage facilities plan, then each lot shall be required to be served by an on-lot sewage disposal system that will meet all applicable State regulations. Each such proposed location shall be tested and approved by Township Sewage Enforcement Officer, prior to approval of the preliminary plan. The approved test locations shall be shown on the preliminary plan.
(2) 
Alternate system. Any use with an on-lot septic system and that does not have capped sewers shall include a suitable land area set aside in open space for a second septic system that could be used if the first system fails. Such site shall be tested and approved by the Township Sewage Enforcement Officer.
(3) 
The applicant shall enter the results of the tests of required on-lot septic tests on four copies of a DEP form for perc tests and shall submit these with the preliminary plan.
D. 
Sewer connection and capped sewers.
(1) 
Any building or use within a subdivision or land development that generates wastewater and that in the determination of the Board of Supervisors, upon the advice of the Municipal Authority and the Township Engineer, could reasonably connect into a public sewage system shall be required to connect into that system. The applicant shall be responsible to pay such reasonable capital expenses that are necessary for such connection.
(2) 
If sewage service will not be accessible at the time of the development of the land development or subdivision, but is planned to be accessible within five years of the final approval, the subdivider shall install approved capped sewer lines within the limits of the land development or subdivision, in addition to approved onsite sewage facilities. Such sewer lines shall be capped at the limits of the subdivision or land development and the laterals shall be capped at the street right-of-way.
[Amended 8-12-2024 by Ord. No. 464]
A. 
In general. All subdivisions and land developments shall be served with an adequate water supply system (either on-lot or centralized system) that will meet DEP requirements.
B. 
Centralized water supply system. Proposed extensions of centralized water systems shall meet all applicable procedures, reviews and requirements of the appropriate municipal authority or public utility and meet with their approval prior to final plan of any plan relying upon such system.
C. 
On-lot water supply system.
(1) 
The Board of Supervisors, based upon any recommendations of the Planning Commission, the Township Engineer and the appropriate water supplier, shall require all lots and principal uses within a subdivision or land development to be connected to the central water system where the Board of Supervisors determines that such connection would be feasible and reasonable.
(2) 
When a subdivision or land development is not required to connect to a central water system, acceptable locations for on-lot water systems shall be shown on plans and shall be constructed in accordance with regulations of DER.
(3) 
Wells should be located no closer than 25 feet from any future street right-of-way.
D. 
Fire hydrants. Wherever a Centralized Water Supply System is required for approval of a subdivision or land development plan, fire hydrants connected to the approved water supply system capable of supplying 500 gallons per minute (500 gpm) and suitable for the coupling of equipment serving the Township shall be installed as follows:
(1) 
Within 400 feet of primary unsprinklered structures for residential developments of greater than one dwelling unit; and
(2) 
Within 100 feet of all primary Fire Department Connections as determined by the Fire Code Official for new multifamily (apartments), commercial and industrial structures where an approved automatic sprinkler system is required. The distance shall be permitted to exceed 100 feet where approved by the fire code official.
(3) 
Location of fire hydrants shall be approved by the Township and the water supplier.
A. 
All electric power, telephone, cable television, natural gas and other utilities shall be placed underground except where the Board of Supervisors determines it is not feasible, and in accordance with the current standards of the utility serving the subdivision or development.
B. 
All garden apartment developments shall include conveniently located and sanitary refuse collection facilities for the residents. All uses within nonresidential land developments and subdivisions shall include appropriate and sanitary refuse collection facilities. All refuse shall be regularly collected. All bulk refuse collection dumpsters shall be screened on three of four sides by walls or evergreen landscaping from view of dwellings, adjacent residentially zoned lots and public streets.
C. 
All commercial, industrial, institutional and rental apartment complexes shall provide suitable locations for recycling containers, as needed and/or as may be required by Township recycling ordinances.[1]
[1]
Editor's Note: See also Ch. 380, Solid Waste, Art. I, Recycling.
A. 
Construction standards for access drives. See § 400-1004.
B. 
Access. A State highway occupancy permit is required for all access drives or driveways onto a State road.
C. 
Location. The minimum distance between an access drive or driveway to a street intersection shall be as follows:
Type of Subdivision or Land Development
Distance Between Center lines of Access Drive or Driveway and Nearest Intersection Street by Type of Intersecting Street
Arterial
(feet)
Collector
(feet)
Local
(feet)
Residential - Single family detached dwelling
150
100
75
Residential - Other than single family detached dwellings and garden apartments
150
75
50
Nonresidential or mixed
300
200
150
D. 
Sightlines at intersections of driveways or access drives with streets. See § 450-405 of Chapter 450, Zoning.
E. 
Grades. Grades of access drives or driveways shall not exceed 12% when connecting to a local or collector street and 7% when connecting onto an arterial street; however, the initial 20 feet from the edge of the cartway shall not exceed 7%, except for an arterial street shall not exceed 4%.
F. 
Drainage. The developer shall make adequate provisions to maintain uninterrupted parallel drainage along a public street where intersected by an access drive or driveway. Access drives and aisles within parking lots shall be graded and drained to keep the primary travel lane free of stormwater.
[Amended 1-23-2017 by Ord. No. 426]
A. 
Sidewalks built to Township specifications shall be required in all subdivisions and land developments.
B. 
Pathway or bikeway.
(1) 
If deemed necessary for the convenient and safe circulation of bicycles and pedestrians, the Board of Supervisors, upon the recommendation of the Planning Commission, may require that a major subdivision or land development include the granting of an easement for a pathway or bikeway.
(2) 
A bikeway or pathway may be required to have a width of up to eight feet and may be required to be illuminated and/or paved to Township standards.
(3) 
A bikeway or pathway may be included within the required minimum area of an abutting lot.
C. 
Pedestrian circulation within garden apartment developments.
(1) 
A system for pedestrian circulation throughout the development shall be provided. Paved sidewalks, pathways and/or bikeways, having a minimum width of four feet, shall be provided for access between buildings and common parking areas, open space and recreation areas and other community facilities.
(2) 
Paved sidewalks, pathways and/or bikeways within Garden Apartment Developments located on college-adjacent property shall include a direct connection to similar facilities, whether existing or proposed, on the adjoining college property. In the event that no such facilities exist on the adjoining college property the applicant for the garden apartment shall be responsible for causing such facilities to be installed and shall provide written confirmation, prior to Preliminary Plan approval, that the college or university approves such connection. Such connecting walkway shall not require pedestrians to cross a public street.
(3) 
Paved sidewalks, pathways and/or bikeways shall be adequately lighted and shall provide a safe and convenient pedestrian access throughout the development and, where applicable, to adjoining properties.
D. 
Location.
(1) 
Sidewalks, where required or provided, shall be located within the street right-of-way and no closer than one foot from the right-of-way line nor closer than three feet from the curbline.
(2) 
A grass planting strip shall be planted between the curb and sidewalk. This strip shall not be paved except at driveway entrances.
E. 
Required sidewalks and pathways shall each have a minimum width of four feet.
F. 
Construction.
(1) 
Sidewalks. See Township improvement requirements.
(2) 
Pathways shall be constructed of one of the following, at a minimum: four inches of portland cement concrete underlain by four inches of compacted gravel or crushed stone or 2 1/2 inches of bituminous concrete underlain by six inches of compacted gravel or crushed stone.
G. 
Handicapped access. All sidewalks and curbs at the intersection of two or more public streets shall include a sloped curb cut suitable for use by wheelchairs at all four crossings.
H. 
Maintenance. It shall be the responsibility of adjacent landowners to maintain sidewalks.
A. 
Streetlights shall be placed along streets within and abutting a proposed subdivision or land development where the Board of Supervisors deems them necessary to provide safe traffic or pedestrian circulation. At a minimum, streetlights shall be required to be provided at all street intersections, curves in streets and the more isolated areas of a development.
B. 
Such lights shall meet design standards established by the public utility.
C. 
Where streetlights are required on a public street, the public utility shall install cabling, poles, fixtures and all other equipment required for a complete streetlighting system. The developer shall complete all excavation required for the streetlighting system designed by the public utility and approved by the Township and shall be responsible for any reasonable costs that may be levied by the public utility for such work.
D. 
On all private streets, parking areas and other areas requiring lighting, the developer shall provide materials, installation, energizing and power for all lighting systems. A system acceptable to the Board of Supervisors shall be established for the maintenance of such lights.
A. 
The developer shall reimburse the Township for the supply and installation of adequate street signs at the intersection of all streets and with any other signs required.
B. 
Street names are subject to the approval of the Board of Supervisors and the U.S. Postal Service, and shall continue the name of any street with the same alignment, and shall not duplicate or be closely similar to the name of another street within the Township or the postal district.
The developer shall reimburse the Township for the costs of supplying and installing traffic regulatory signs that meet current design standards as established by PennDOT.
A. 
Required trees. Where required by the Township as part of a buffer yard or otherwise, trees shall meet the requirements of this section.
(1) 
The following species of trees are permitted to be used to meet Township requirements:
(a) 
Deciduous:
Gleditsia triacanthos - Thornless Locust
Acer rubrum - American Red Maple
Acer saccharum - Sugar Maple
Celtis occidentalis - Common Hackberry
Fagus sylvatica - European Beech
Fraxinus Pennsylvania - Green Ash
Fraxinus americana - White Ash
Ginko biloba fastigiata - Maiden Hair Tree (male only)
Liquidambar styraciflua - Sweet Gum
Liriodendron tulipifera - Tulip Poplar
Quercus phellos - Willow Oak
Quercus acutissima - Sawtooth Oak
Quercus imbricaria - Shingle Oak
Quercus borealis - Red Oak
Quercus coccinea - Scarlet Oak
Sophora japonica - Chinese Scholar Tree
Quercus macrocarpa - Bur Oak
Quercus alba - White Oak
Quercus montana - Chestnut Oak
Quercus velutina - Black Oak
Tilia american - American Linden
Tilia petiolaris - Silver Linden
Tilia euchlora - Crimean Linden
Tilia cordata - Little Leaf European Linden
Zelkova serrata - Zelkova
(b) 
Evergreen:
Ilex opaca - American Holly
Picea abies - Norway Spruce
Picea glauca - White Spruce
Picea omorika - Serbian Spruce
Picea pungens - Colorado Spruce
Pinus nigra - Austrian Pine
Pinus strobus - White Pine
Pinus thunbergi - Japanese Black Pine
Pseudotsuga taxifolia - Douglas Fir
Tsuga canadensis - Canada Hemlock
Tsuga caroliniana - Carolina Hemlock
(2) 
Quality of trees. Trees permitted shall be of symmetrical growth, free of insect pests and disease, and durable under the maintenance contemplated.
(3) 
Minimum size. The trunk diameter (measured at a height of one foot above the finished grade level) shall be a minimum of two inches.
(4) 
Planting and maintenance.
(a) 
Trees shall be planted and staked in conformance with good landscaping practices.
(b) 
Trees adjacent to or within parking areas shall be properly protected from damage by vehicles by raised curbs, similar devices or sufficient setback.
(c) 
Required trees shall be properly maintained and shall not be removed by the developer without being replaced by another tree that meets the requirements of this section.
(5) 
Spacing. The trees required under this section shall be generally spaced throughout the development at the required interval, but may be clustered at locations acceptable to the Planning Commission.
(6) 
Credit for existing trees. If existing healthy trees are to be protected and preserved that would, in the determination of the Township Engineer, generally meet the intent and requirements of this section, they may serve as a credit towards the number of trees required to be planted.
B. 
Ground cover.
(1) 
After completion of a project, all exposed ground surfaces that are not paved within a subdivision or land development, and that are not covered by approved gravel areas or decorative stones or similar material, shall be covered by a natural ground cover that will prevent soil erosion and the emanation of dust.
(2) 
The vegetative cover shall not be poisonous in nature.
C. 
Buffer yards. See the requirements for buffer yards in § 450-405 of Chapter 450, Zoning.
D. 
Preservation of existing trees.
(1) 
The cutting down or other destruction of mature attractive healthy trees shall be held to the minimum necessary to carry out the approved construction and for public safety. Such trees of greater than six inch trunk diameter measured four feet above the average surrounding ground level shall be preserved whenever reasonable, in the determination of the Board of Supervisors, based upon the recommendation of the Township Engineer and the Planning Commission.
(2) 
All reasonable efforts shall be taken during construction to ensure that trees protected by this section are not damaged or destroyed during construction.
(3) 
A tract of land shall not be permitted to be cleared of mature trees prior to a development submission or approval in order to circumvent the requirements of this section. Clear-cutting of areas of 1/2 acre of mature woods or more is specifically prohibited, except as is approved to allow construction under this chapter.
E. 
Natural and historic feature preservation.
(1) 
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 and reasonably protected in any subdivision or land development.
(a) 
These features include, but are not limited to, natural drainage channels, waterways and falls, large trees or groves, highly scenic views and important community landmarks.
(b) 
Wetlands. All subdivisions and land developments shall comply with State and Federal wetland regulations. The Township Engineer or Board of Supervisors may require that an applicant provide a professional wetlands study to prove compliance with wetland regulations if an area of suspected wetlands is proposed to be altered.
A. 
Monuments.
(1) 
Permanent reference monuments shall be located along street right-of-way lines at the following locations:
(a) 
At least one monument at each street intersection.
(b) 
At changes in direction of street lines, excluding arcs at intersections.
(c) 
At each end of each curved street line, excluding arcs at intersections.
(d) 
An intermediate monument wherever topographical or other conditions make it impossible to sight between two otherwise requirement monuments.
(e) 
At such other places along the line of streets as may be determined by the Township Engineer to be necessary so that any street may be readily defined in the future.
(2) 
With the approval of the Township Engineer the subdivider may install monuments on only one side of the street provided that enough monuments are set to permit a surveyor to stakeout accurately any building lot shown on the plan.
(3) 
All monuments shall be placed by a registered professional engineer or surveyor so that the center of the monument shall coincide exactly with the point of intersection of the lines being monumented.
(4) 
Reference monuments shall be constructed of steel reinforced portland cement concrete to the dimensions shown in the accompanying sketch or other detail accepted by the Township Engineer.
(5) 
Reference monuments shall be placed so that the top of the monument is flush with the surrounding grade.
B. 
Lot pins. All lot corner markers shall be permanently located and shall be at least a 3/4 inch metal pin or pipe with a minimum length of 20 inches, located in the ground to existing grade.
A. 
Curbs shall be provided along both sides of all public streets and all private streets.
B. 
If curbs are waived, appropriate stabilized drainage channels designed according to § 400-1007 shall be required along all streets, within the street right-of-way, or drainage easements.
C. 
All required curbs shall meet Township specifications.
D. 
Maintenance. It shall be the responsibility of the adjacent landowners to maintain curbs.