Township of Franconia, PA Article III Design Standards

§ 122-15 General requirements and standards.

A. Where areas or instances of design arise not directly addressed by this chapter, the guidelines, policies and standards of practice of the Pennsylvania Department of Transportation, Pennsylvania Department of Conservation and Natural Resources, the United States Department of Agriculture Soil Conservation Service, the United States Department of Transportation, Montgomery County Soil and Water Conservation District, the American Society of State Highway and Transportation Officials, the American Society of Civil Engineers, the Institute of Traffic Engineers and other generally recognized design authorities shall be consulted and observed by the applicant. In all instances where the minimum standards of design are not sufficient to protect the health, welfare and safety of the public, the Board of Supervisors, upon the advice of the Township Planning Commission and Engineer, reserves the right to require higher standards of design.

B. The following principles of subdivision and land development, general requirements and minimum standards of design shall be observed by the applicant in all instances.

(1) All portions of a tract being subdivided shall be taken upon in lots, streets, public lands or other proposed uses so that remnants and landlocked areas shall not be created. Exceptions may be made at the discretion of the Township Supervisors, upon recommendations from the Township Planning Commission, when a limited number of lots (comprising no more than 15% of the total area of any tract) are created, which clearly will not affect the ultimate development of a particular tract. The burden of proof is on the applicant to show that limited subdivision will not affect the ultimate development of the entire tract.

(2) Whenever possible, applicants shall preserve trees, groves, waterways, scenic points, historic spots and other community assets and landmarks. The applicant should refer to the Comprehensive Plan for Franconia Township and the Montgomery County Resource Protection Plan to help identify features worthy of preservation.

(3) Subdivision and land developments should be laid out so as to avoid the necessity for excessive cut or fill unless specifically warranted by terrain or location.

(4) Low-lying land subject to periodic flooding (flood-prone area) shall not be subdivided or developed for residential purposes or for any other use which may involve danger to the health, safety, morals and general welfare of the community.

(5) Public water shall be provided to supply water to all subdivisions and land developments unless the Board of Supervisors grants a waiver of this requirement pursuant to the standards and criteria of § 122-16A.

[Amended 8-9-1994 by Ord. No. 210]

(6) Where the subdivision or land development is inaccessible to sanitary sewers, the Board of Supervisors shall require the subdivider, developer or builder to obtain from the Sewage Enforcement Officer certificates of approval of the sewage disposal facilities to be provided by the subdivider, developer or builder, in accordance with current state regulations. If the proposal involves a package treatment system, the Board of Supervisors shall require the applicant to obtain the applicable certificates of approval from the District Sanitarian of the Department of Conservation and Natural Resources.

(7) Applicants shall observe the ultimate rights-of-way for contiguous existing streets as prescribed by the Official Map Summary of Franconia Township. Applicable building setback lines, as defined by the Township Zoning Ordinance of current adoption,[1] shall be delineated as measured from the ultimate right-of-way.

[1] Editor's Note: See Ch. 145, Zoning.

(8) Proposed subdivision and land development shall be coordinated with the existing nearby neighborhood, as well as with abutting tracts where future development is possible so that the community as a whole may develop harmoniously.

(9) Improvement construction requirements will be completed under specifications of the Pennsylvania Department of Transportation, the Pennsylvania Department of Conservation and Natural Resources and the Montgomery County Conservation District, or other appropriate agencies or under the specifications included herein, and whichever specifications are most stringent shall take precedence over any less restrictive law, ordinance or regulation.

(10) The subdivider, developer or builder shall, where specified by the Board of Supervisors, construct and install, with no expense to the township, the streets, curbs, sidewalks, water mains, sanitary and storm sewers, streetlights, fire hydrants, street signs, shade trees, monuments and other facilities and utilities specified in this article. Construction and installation of such facilities and utilities shall be subject to inspection by appropriate township and Authority officials during the progress of the work, and the subdivider shall pay for inspection.

(11) No part of any detention basin shall occupy any area or portion of the pedestrian or vehicular circulation system on the lot. No part of any detention basin shall be located within 10 feet of any property line. All manufactured parts of any detention basin shall be screened by evergreen plantings so as to be invisible from off of the property. The maximum depth of any detention basin, measured from the lowest point in the basin to the top of the emergency spillway, shall be determined by the Township Engineer.

[Added 12-14-2015 by Ord. No. 385]

§ 122-16 Grant of exceptions; minimum standards; determination of adequacy of facilities.

A. The Board of Supervisors may grant a modification or waiver of the requirements of one or more of the provisions of this chapter when literal compliance with mandatory provisions of this chapter is shown to the satisfaction of the Board of Supervisors to be unreasonable or to cause undue hardship or when an alternative standard can be demonstrated to provide equal or better results or if literal enforcement of the mandatory provisions of this chapter will exact undue hardship because of peculiar conditions pertaining to the land in question, provided that such modification or waiver will not be contrary to the public interest and that the purpose and intent of this chapter is observed. All requests for modifications and waivers shall be in writing and shall accompany and be a part of the subdivision and/or land development application. The request shall state in full the grounds and facts of unreasonableness or hardship on which the request is based, the provision or provisions of this chapter involved and the minimum modification necessary. The township shall keep a written record of all action on all requests for modifications and waivers.

[Amended 11-12-1990 by Ord. No. 177]

B. The standards included in these regulations are minimum design requirements. The Board of Supervisors reserves the right in any case to request that development features exceed these standards if conditions so warrant.

C. In reviewing subdivision or land development plans, the governing body may refer such plans to the Township Planning Commission and Township Engineer for recommendations concerning the adequacy of existing and proposed community facilities to serve the additional dwellings proposed by the subdivision or land development.

D. Subdividers are requested to give careful consideration to the desirability of providing adequate rights-of-way and paving on existing streets and reserving areas and easements for facilities normally required in residential areas, including churches, libraries, schools and other public buildings, parks, playgrounds and playfields; shopping and local business centers; and rights-of-way and easements for stormwater, water and sanitary sewer facilities in those areas that cannot be immediately joined to the existing stormwater, water and sanitary sewer systems of the township.

E. Areas provided or reserved for such community facilities should be adequate to provide for building sites, landscaping and off-street parking as appropriate for the proposed. The Board of Supervisors reserves the right to accept or refuse offers of dedication for public uses.

§ 122-17 Streets.

[Amended 9-14-1987 by Ord. No. 136]

Unless specified otherwise by the Board of Supervisors, all new streets or widened portions of all existing public rights-of-way intended for public use shall be dedicated to the township. However, where a development abuts a state-owned right-of-way, the applicant shall request the appropriate state agency to accept dedication. In the absence of a specific legal record to the contrary, the center line of any existing right-of-way for a street is to be determined by a licensed professional surveyor and the Township Engineer.

A. Street system.

(1) Conformance with adopted plans. The proposed street pattern shall conform to existing streets, to the township plan of streets and to such county and state road and highway plans as have been duly adopted.

(2) Arrangement. Streets shall be arranged in a manner to meet with the approval of the Board of Supervisors considered in relation to both existing and planned streets and located so as to allow proper development of surrounding properties. Secondary and through highways shall be connected with such existing streets and highways so as to form continuations thereof. Residential streets shall be laid out so as to discourage their use as secondary streets or through highways.

(3) Conformity with topography. Streets shall be adjusted to the contour of the land so as to produce usable lots and streets of reasonable grade, alignment and drainage.

(4) Grading. Streets shall be graded to the full width of the ultimate right-of-way and provision made for slopes beyond the ultimate right-of-way in conformance with township specifications.

(5) Provisions of streets for future development. Access shall be given to all lots and portions of the tract in the subdivision and to adjacent unsubdivided territory. Streets giving such access shall be improved to the limits of the subdivision. Remnants, reserve strips and landlocked areas shall not be created.

(6) New streets. New streets shall be designed to continue existing streets at equal or greater right-of-way and cartway width, where practical.

(7) Dead-end streets. Dead-end streets are prohibited unless designed as culs-de-sac or designed for future access to neighboring tracts. In the case of the latter, the requirements of Subsection C of this section shall be met.

(8) Street names. Continuations of existing streets shall be known by the same name. Names for new streets shall not duplicate or closely resemble names of existing streets. All street names are subject to the approval of the Township Planning Commission and the Board of Supervisors.

(9) Half streets. The dedication of half streets at the edges of a new subdivision is prohibited. If circumstances render this impracticable, adequate provision for the concurrent dedication of the remaining half of the street must be furnished by the subdivider, developer or builder. When there exists a half street in an adjoining subdivision, the remaining half shall be provided by the proposed development.

B. Street alignment.

(1) Sight distance on horizontal and vertical curves. Proper sight distance should generally be provided with respect to both horizontal and vertical alignments. Measured along the center line, this should be 800 feet for primary roads; 400 feet for secondary roads; and 200 feet for local residential streets as related to posted speed limits and measured at the center line and at a driver's eye height of 3.75 feet.

(2) Horizontal curves shall generally be used at all changes in excess of 2º and shall consider distance, change in grade, alignment and friction. Long radius curves shall be used rather than a series of curves connected by short tangents; minimum radius curves at the end of long tangents.

(a) Curvature. The minimum radius at the center line for horizontal curves on primary streets shall be 300 feet; for secondary streets, 200 feet; and for all other streets, 150 feet.

(b) Tangents between curves. Except for local streets there shall be a tangent of at least 100 feet measured at the center line between reverse curves.

(3) Vertical curves. Vertical curves shall be used at changes in grade of more than 1%. The length of the curve shall approximate 50 feet on secondary streets and 25 feet on all other streets for each 1% of change in grade. Over summits or in sumps, vertical curves shall not produce excessive flatness in grade. The high or low point on a vertical curve must be definitely and clearly shown. All vertical curves shall comply with American Association of State Highway Officials standards.

(4) Street grades.

(a) There shall be a minimum grade of at least 1% on all streets.

(b) Maximum grade. There shall be a grade of 7% on primary and secondary streets, and 10% on all other streets for distances of not more than 1,500 feet. However, grades in excess of 5% shall be avoided wherever possible. The grade shall be measured along the center line.

(c) Curve-grade combinations. A combination of minimum radius horizontal curves and maximum grades will not be approved.

(d) Street intersections. The grade within 50 feet of any side of an intersection or the outer perimeter of a cul-de-sac shall not exceed 4%. The grade shall be measured along the curbline of the street.

(e) Street grading. All streets shall be graded to the grades shown on the street profile and cross-section plan submitted and approved with the preliminary plan of subdivision and land development. They shall be inspected and checked for accuracy by the Township Engineer.

C. Right-of-way width, paving width and curbing.

(1) Classification. All streets will be classified as "marginal access," "rural," "residential," "cul-de-sac," "secondary" or "primary" and shall be governed as follows.

(2) The minimum widths of the right-of-way and the paving and the requirements for curbing shall not be less than those of an existing street of which the new street is to be a continuation, nor less than the following:

(a) Marginal access streets. Marginal access streets serve as minor streets for access to adjacent properties on only one side of the street. This type of street runs parallel and adjacent to a primary or secondary street and serves to reduce the number of access points which intersect the larger streets, thereby increasing the efficiency and safety of traffic flow along the major street while providing adequate access to abutting development. All marginal access streets shall consist of an additional right-of-way abutting and measured from the ultimate right-of-way line of the major street as defined by the Township Official Map Summary.

[1] The Township Engineer shall stipulate curbing type, grass strip size and cartway width.

[2] In addition to the above regulations, marginal access streets shall meet the following standards:

[a] Marginal culs-de-sac will meet marginal street regulations with a standard cul-de-sac turnaround at the closed end.

[b] Where marginal access streets form a necessary leg of another classification of street, they shall be governed by the regulations of the other street classification.

[c] Where sidewalks do not exist or should be replaced, they shall be installed in the outermost portion of the right-of-way of the marginal street.

(b) Residential streets. Residential streets shall be those which are used strictly to serve residential areas and do not serve as through streets in a development. They shall have a minimum right-of-way width of 50 feet and shall have a minimum paved width of 30 feet. Construction of the street, curbing and sidewalk shall be in accordance with specifications hereinafter included in these standards.

(c) Cul-de-sac streets. Cul-de-sac streets shall be those streets with one end open for vehicular access and the other terminating in a vehicular turnaround or a "P" loop road, further defined as follows:

[Amended 6-17-2008 by Ord. No. 348]

[1] Permanent cul-de-sac streets with vehicular turnaround:

[a] Shall be constructed to the specifications of street curbing and sidewalks hereinafter included in these standards. No parking shall be permitted in the bulb of the cul-de-sac (with and without landscaped islands).

[b] Shall not be less than 250 feet nor more than 750 feet in length, as measured from the center line of the through street to the center of the cul-de-sac turnaround.

[c] A maximum of five curb depressions are permitted on the bulb of the cul-de-sac, with the bulb beginning at such points as the street right-of-way exceeds the standard parallel width.

[d] Culs-de-sac in all residential zoning districts shall contain a landscaped island in the turnaround that shall meet the following design standards:

[i] For turnarounds, the cul-de-sac shall be provided with a circular vehicular turnaround at the closed end comprised of a twenty-six-foot-wide curbed and paved cartway with an inside radius of 60 feet and an outside radius of 86 feet, within a right-of-way with an inside radius of 50 feet and outside radius of 96 feet.

[ii] At the closed end of the cul-de-sac, there shall be a landscaped island with a radius of 50 feet which meets the following requirements:

[A] The landscaped island shall be owned and maintained by a homeowners' association. The bylaws of the homeowners' association, and all documents governing ownership, maintenance and use restrictions for common facilities, shall be submitted to and approved by the Township Board of Supervisors, in consultation with the Township Solicitor.

[B] Provisions for snow storage shall be provided in all turnaround islands. A snow storage easement shall be shown on the plans.

[C] The landscaping of the island is to be designed by a landscape architect and the islands are to be designed for stormwater management and infiltration in accordance with the Stormwater Ordinance,[1] where feasible.

[1] Editor's Note: See Ch. 122, Art. X.

[e] Culs-de-sac in nonresidential zoning districts shall be provided with a circular vehicular turnaround at the closed end with a minimum outer paved radius of 60 feet within a minimum right-of-way radius of 70 feet. Additional cartway and/or right-of-way radius may be required. A snow storage easement shall be provided at the rear of the cul-de-sac bulb. The easement shall be centered on the projection of the cartway center line into the bulb right-of-way and adjoining lot for a minimum depth of 15 feet from the right-of-way and a minimum arc length width of 50 feet, or as may be modified at the discretion of the Township Board of Supervisors upon advice of the Public Works Director and Township Engineer.

[f] The Fire Marshal shall review all proposals for culs-de-sac to determine the need for an emergency vehicular access. The requirement for, location of and design of the emergency vehicular access shall be subject to the Fire Marshal's approval.

[2] Temporary cul-de-sac streets with vehicular turnaround:

[a] May be temporarily closed at one end, with the intent to extend the street onto the abutting tract upon its development.

[b] Shall be built to the tract boundary line at a location and grade that are logical for extension onto the abutting tract, but shall not exceed 750 feet in length.

[c] Shall not be extended as a cul-de-sac street, but shall be connected to another through street.

[d] Shall form a logical step in the circulation pattern of the area in which it is located.

[e] Shall be provided with a vehicular turnaround at the closed end, abutting the tract boundary, with a paving radius of at least 42 feet.

[i] Construction shall meet the same requirements as for a permanent cul-de-sac turnaround with the exception of the dimensional requirements.

[ii] Those portions of the turnaround extending beyond the standard street right-of-way shall be located on temporary access easements, valid only until the road is extended.

[iii] Upon extension of the street, the full rights and responsibilities for the area of the temporary easements shall revert to the owners of the lots on which they were located.

[f] The developer responsible for extension of the street shall also be responsible for the following:

[i] Removal of all curbing and paving of the temporary turnaround beyond the width of the street's cartway.

[ii] Installation of new sidewalk, curbing and cartway paving to complete the street connection.

[iii] Extension of utilities as necessary.

[iv] Repair of any improvements damaged in the process.

[v] Grading, installation and/or restoration of lawn areas where affected by this removal and construction process.

[3] Permanent "P" loop roads:

[a] Shall be constructed to the specifications of street curbing and sidewalks hereinafter included in these standards.

[b] Shall not be less than 250 feet nor more than 800 feet in length, as measured from the center line of the through street to the center line of the intersecting streets that form the loop.

[c] Shall only be accessed by a boulevard entrance with a minimum right-of-way of 60 feet. A landscaped island in the boulevard entrance shall be provided that meets the following design standards:

[i] At the center of the boulevard there shall be a ten-foot-wide island which meets the following requirements:

[A] The landscaped island shall be owned and maintained by a homeowners' association. The bylaws of the homeowners' association and all documents governing ownership, maintenance and use restrictions for common facilities shall be submitted to and approved by the Township Board of Supervisors, in consultation with the Township Solicitor.

[B] The landscaping of the island is to be designed by a landscape architect.

[d] A minimum of six full-frontage lots and a maximum of 15 lots will be permitted on the "P" loop portion of the roadway. This includes all lots on the outside and within the "P" loop.

(d) Secondary streets. Secondary streets shall be defined in two ways:

[1] A secondary feeder street shall be those which are used as connecting and through streets to serve residential areas and to connect residential streets to collector roads and community facilities, with light traffic volumes. They shall have a minimum right-of-way of 60 feet and shall have a minimum paved width of 36 feet. Construction of the street, curbing and sidewalk shall be in accordance with specifications hereinafter included in the standards;

[2] A secondary collector street will serve to connect feeder streets and residential streets to other feeder roads, community facilities, and major highways, with medium traffic volume. Additionally, collector streets may also serve business or industrial areas. They shall have a minimum right-of-way width of 80 feet and shall have a minimum paved width of 40 feet.

(e) Primary streets. Primary streets connect population centers or communities serving large volumes of fast-moving through traffic and shall be defined in three ways:

[1] Limited access highways that deny access to adjacent property owners and provide access at only a limited number of grade-separated interchanges. They shall have a minimum right-of-way of 150 feet, widened appropriately at interchanges, containing:

[a] Four twelve-foot travel lanes (minimum).

[b] Two ten-foot shoulders.

[c] Median (four-foot minimum).

[d] Acceleration and deceleration lanes.

[e] Entrance and exit roadways.

[2] Controlled access highways which provide for access at a few grade-level intersections (e.g., with other major streets, large shopping centers, etc.). They shall have a minimum right-of-way of 100 feet, appropriately widened at intersections for turning lanes, channelization, etc., and containing:

[a] Four twelve-foot travel lanes.

[b] Two ten-foot shoulders.

[c] Four-foot median (minimum).

[3] Semicontrolled access highways which place lesser restrictions on the access of adjacent property owners by providing more frequent access points at grade-level intersections (e.g. with secondary streets, marginal access streets etc.). They shall have a minimum right-of-way of 100 feet, appropriately widened at intersections for turning lanes, channelization, etc., and containing:

[a] Four twelve-foot travel lanes.

[b] Two eight-foot shoulders.

[c] Appropriate median.

D. Street width. The following general standards shall apply to street width.

(1) The minimum width of the right-of-way and paving and the requirements for curbing shall not be less than those of an existing street of which the new street is to be a continuation, nor less than as required above in Subsection C.

(2) Minimum right-of-way width for development along existing streets shall correspond with ultimate right-of-way for these streets, as defined on the Township Official Map Summary.

(3) The area between an existing right-of-way line and the ultimate right-of-way line should be offered for dedication to the authority having jurisdiction over the road when land is subdivided or developed along an existing right-of-way.

(4) Islands, medial strips and channelization may be required in any area where traffic volumes warrant their use for safety and efficiency, and may be permitted in any area at the discretion of the Board of Supervisors. Such devices on state roads must meet or exceed the requirements of the Pennsylvania Department of Transportation.

(5) Additional widths may be required by the township:

(a) Where necessary for public safety and convenience.

(b) For parking in commercial or industrial areas.

(c) Where old roads do not provide the proper width and additional dedication is necessary.

(6) No fences, hedges, trees, shrubbery, walls, plantings or other obstructions shall be located or be permitted within the right-of-way except for ground covers such as grass, ivy, crown-vetch or horizontally spreading shrubs less than one foot high, or retaining walls necessitated by road widening and constructed by the authority having jurisdiction over the road.

E. Alleys. Alleys are prohibited in residential developments. In commercial or industrial districts without expressly designed loading areas, alleys with a minimum width of 25 feet shall be required. Where such alleys dead-end, they shall be provided with a turnaround having a radius of not less than 25 feet. The cartway shall be a minimum of 20 feet. Exceptions may be made when an alley from an adjacent borough is extended into the township.

(1) The paving requirements shall be the same as for street paving.

(2) Intersections of right-of-way lines shall be rounded by a tangential arc, the minimum radius of which shall be 10 feet, and the edge of the paving at intersections shall be rounded by a tangential arc the minimum radius of which shall be 15 feet.

(3) No fences, hedges, trees, shrubbery walls, plantings or other obstructions shall be located within the right-of-way. Reasonable sight distance shall be provided at intersections with streets.

F. Paving. The minimum pavement for all residential streets and all commercial, industrial and multifamily parking areas and driveways shall be installed as shown on the final plan and in accordance with the following standards. The Township Engineer may establish more stringent requirements for higher class highways and special industrial and commercial uses.

(1) General. All paving shall be constructed, both as to materials and methods, generally in conformance with applicable portions of the Pennsylvania Department of Transportation Specifications Form 408, current edition. Size and dimensions shall be set forth in these regulations.

(2) Pavement design. The pavement shall have a minimum total compacted depth of 14 1/2 inches consisting of one-inch screenings under 10 inches of crushed aggregate base course and 3 1/2 inches of bituminous surface course ID-2A [two inches binder and 1 1/2 inches wearing in separate application] conforming to the Pennsylvania Department of Transportation Specifications Form 408.

(3) Paving cross section. All pavements, except where superelevated for curbs, shall have a minimum slope from the center of the road to the gutter line of 1/4 inch per foot and a maximum slope of 3/8 inch per foot.

G. Street intersections.

(1) Number of intersections. No more than two streets shall cross at the same point. Four-way intersections are to be avoided in the layout when three-way or T-intersections can be utilized. When existing streets intersect at odd angles, or have more than four approaches, the subdivider, developer or builder shall be required to make corrective changes to eliminate the odd angle or reduce the number of approaches to the intersection by curving the lesser street.

(2) Minimum angle of intersection. Right angle of intersections shall be used whenever practicable, especially when local streets empty into major or secondary streets. There shall be no intersection angle, measured at the center line, of less than 90º minimum.

(3) Center line. Where center lines of residential or secondary streets open into opposite sides of a major street within 100 feet of each other they shall be made to coincide by curving the minor street or streets.

(4) Primary thoroughfare. Wherever practicable, intersections with through highways shall be kept to a minimum and shall be located at least 800 feet apart.

(5) Sight distance. Proper sight lines shall be maintained at all intersections of streets. There shall be measured along the center line a minimum clear sight triangle of 75 feet from the point of intersection. No building, trees, hedge, shrubbery or other obstruction whatsoever will be permitted in this area. Any obstruction to sight shall be removed at the time a building or structure is erected, whichever shall first occur.

(6) Maximum grade. Maximum grade within any intersection shall not exceed 1%, and approaches to an intersection shall follow a straight horizontal course for 100 feet.

(7) Approach grades. All approaches to an intersection shall not exceed 4% for a distance of 50 feet measured from the nearest right-of-way line of the intersecting street.

(8) Radii of pavement and right-of-way at intersections. Street intersections shall be rounded with tangential arcs at pavement edge (curbline) and right-of-way lines as listed below. Where two streets of different right-of-way widths intersect, the radii of curvature for the widest street shall apply.

	Type of Street	Minimum Radius of Arc at Intersection of Pavement Edge or Curbline (feet)	Minimum Radius of Arc at Intersection of Right-of-Way Line (feet)
	Primary	35 (or more as may be required)	20 (or more as may be required)
	Secondary	35	20
	Residential	25	15
	Cul-de-sac	25	15

H. Ownership and maintenance of streets. New roads designed to Township specifications shall be offererd to the Township for dedication for ownership and maintenance via a note on the record plan and through deeds of dedication. Private roads to be owned and maintained by a homeowners' association shall be designed to meet the minimum Township specifications. An easement shall be provided over private roads and associated sidewalk to benefit the Township and memorialized by an easement agreement.

[Added 1-20-2020 by Ord. No. 409]

I. Street signs.

[Added 1-20-2020 by Ord. No. 409]

(1) All streets, both public and private, shall be properly marked with street signs in a manner and form acceptable to the Township. Existing street signs are grandfathered until such time as they need to be replaced. New street signs shall comply with the following specifications:

(a) The sign and pole on which the sign is mounted shall meet the approved current Township and/or Pennsylvania Department of Transportation standards and specifications for street signs as set forth within the current edition of the Manual on Uniform Traffic Control Devices, as amended (MUTCD).

(b) The text shall be in reflective white letters and/or numbers in accordance with the minimum retro-reflectivity requirements of the MUTCD.

(c) The sign shall be located on a pole at least seven feet tall.

§ 122-18 Driveways.

A. General.

(1) The term "access driveways" is defined as any means for passage of vehicles between property abutting on a township highway and the highway. It shall be deemed to include that part of the driveway that lies within the established right-of-way limits of the township highway. It will also include such drainage structures as may be necessary for the proper construction and maintenance thereof.

(2) Plans and specifications. All construction, grading or planting within the right-of-way of township roads shall be executed in accordance with plans and specifications showing all proposed works in a manner satisfactory to the township. Such plans may be part of or included in plans prepared for building, zoning, subdivision or sewage applications.

(3) Permits.

(a) A permit will be issued in writing when a plan is deemed satisfactory to the township.

(b) Under no circumstances whatever shall a verbal approval or permission given by anyone be considered a justification for any deviation from the approved plans, or the violation of any of the rules and regulations governing construction within the right-of-way of township highways.

(4) Fees. The applicant requesting a permit to construct shall pay over to the township such filing fee as the Board of Supervisors shall establish from time to time by resolution.

(5) Supervision. It shall be the duty of the Township Roadmaster or his representatives to supervise, superintend and inspect all work within the right-of-way of the township highway in conformity with the ordinances of the township.

(6) Notice. Notice must be given said inspector when the work is sufficiently advanced for inspection, when it shall be the duty of the proper officer to inspect the same within two working days after receipt of said notification.

(7) Objective.

(a) The Board of Supervisors is of the opinion that it is necessary that the location, design, construction and maintenance of driveways entering upon township highways be regulated for the purpose of security for such highways, economy of maintenance, preservation of proper drainage and safe and convenient passage of traffic thereon.

(b) The object of these regulations is to establish uniform controls governing such location, design, construction and maintenance. The Board of Supervisors is cognizant of the fact that abutting property owners have the right of access, except along limited access highways. It must be recognized, however, that indiscriminate roadside development and uncontrolled highway connections can result only in lower highway capacity and increased hazard to all traffic.

B. Location, design and construction.

(1) All driveways shall be located, designed and constructed in such a manner as not to interfere or be inconsistent with the design, maintenance and drainage of the highway.

(2) Access driveways shall be located in such manner that they will not cause the following: interference to the traveling public; a hazard to the free movement of normal highway traffic; or areas of undue traffic congestion on the highway. In accordance with this principle, driveways should be located where the highway alignment and profile are favorable; i.e., where there are no sharp curves or steep grades and where sight distance, in conjunction with the driveway access, would be adequate for safe traffic operation.

(3) Access driveways should not be located at interchanges, ramp areas or locations that would interfere with the placement and proper functioning of highway signs, signals, detectors, lighting or other devices that affect traffic control. The location of a driveway near a signalized intersection that has an actuated traffic signal may include a requirement that the permittee provide (without expense to the township) additional detectors for the control of traffic movement from his establishment or for relocation of existing detectors.

(4) Where subdivision or land development will allow or require a series of driveway intersections with primary or secondary streets only 200 feet apart or less, a marginal access street should be used.

(5) The Board of Supervisors shall have the authority to approve driveways intended for the use of two or more families, apartment developments, commercial and industrial projects where usage by the occupants constitutes private streets are those accessways used by two or more families daily or 10 or more workers daily for vehicular circulation. Driveways serving as private streets shall not be dedicated to the municipality nor does the municipality assume any responsibility for their maintenance. In some instances, however, especially where five or more dwelling units are served, the proposed accessway should be considered as a public street. Accessways serving less families may be considered public streets, where in the opinion of the Board of Supervisors, they are necessary for public safety and convenience. No private streets shall be permitted in residential areas.

(6) Location and placement of driveways serving as private streets shall comply with Subsections A and B of this section. Additionally, provisions for drainage and stormwater runoff shall be approved by the Township Engineer.

(7) The Board of Supervisors shall evaluate the location, placement and alignment of driveways serving as private streets based upon the ease of accessibility to and efficient maneuverability through the development for protective services of fire and police.

(8) Where a property abuts a state right-of-way, and where a driveway extends from that right-of-way to the interior of the property, the applicant must obtain a permit from the Pennsylvania Department of Transportation indicating compliance with all applicable standards and criteria.

(9) Construction of driveways to be used as private streets shall conform to minimum design standards for public streets.

(10) The owner, and all successors, of the property which is to abut any driveway serving as a private street shall be fully responsible for the permanent improvement of the driveway(s) and for the maintenance thereof in a good and safe condition.

(11) Where highway curbs exist, driveway approaches shall be installed 1 1/2 inches above the adjacent highway or gutter grade to maintain the proper drainage.

(12) Where highway curbs do not exist, driveways shall be constructed in such a manner as not to interfere with the drainage grade line of shoulders.

(a) If, in the opinion of the Roadmaster, a pipe is required to maintain the grade line, the permittee shall install such oval pipe at his expense, parallel to the pavement edge and at a minimum distance of 10 feet therefrom and on the grade line as directed by the Roadmaster (unless advised to the contrary by the Township Engineer).

[Amended 9-14-1987 by Ord. No. 136]

(b) Where a pipe is placed in the shoulder line the driveway may slope away from the roadway at a lesser gradient than the normal shoulder slope but not less than 1/4 inch per foot from the paving edge to the pipe.

(c) The minimum pipe length shall be equal to the width of the driveway plus eight feet.

C. Number and arrangement of access driveways. The permissible number, arrangement and width of driveways shall be governed in part by the highway frontage of abutting private property. The number of driveways permitted shall be the minimum number required to serve adequately the needs of the abutting property. Frontages of 50 feet or less shall be limited to one driveway. Normally not more than two driveways need to be provided to any single property tract or business establishment. Exception may be made where the frontage exceeds 300 feet in length or where the frontage is along a divided highway. In such instances, requests for additional driveways shall require prior approval from the township.

D. Approaches to access driveways.

(1) The location and angle of an access driveway approach in relation to the highway intersection shall be such that a vehicle entering the driveway may do so in an orderly and safe manner and with a minimum of interference to through highway traffic, and leaving the driveway may enter safely into the lane of traffic moving in the desired direction.

(2) Where the access driveway approach and highway pavement meet, flaring of the approach may be necessary to allow safe, easy turning of the vehicle when entering or departing from the driveway.

(3) No part of any access driveway shall be constructed outside of the applicant's frontage.

(4) Each roadside business establishment shall provide sufficient parking or storage space off the right-of-way to prevent the storage of vehicles on the driveway or the backing up of traffic on the traveled roadway.

(5) No part of the highway right-of-way shall be used for servicing of vehicles, displays or conducting a private business. The area between the edge of the pavement and the right-of-way line shall be kept clear of all buildings, sales, exhibits, business signs, parking areas, service equipment, etc., excluding mail boxes.

(6) Improvements on private property adjacent to the right-of-way shall be so located that parking, stopping and maneuvering of vehicles on the right-of-way will not be necessary in order for vehicles or patrons to be served properly. For example, liquid fuel pump islands installed in service stations adjacent to the highway shall be located not less than 12 feet outside of the right-of-way line, when a driveway is established and the permit is issued. This subsection is not intended to imply that, should the highway be widened at a later date, the fuel pumps have to be moved back in order to comply with the twelve-foot minimum distance from the right-of-way line. However, a greater distance is recommended to provide sufficient space for large vehicles.

E. Standards and specifications.

(1) Angle of access driveway approach.

(a) Control dimensions:

[1] Single driveway: As near 90º as site conditions permit.

[2] Two driveways:

[a] Two-way operation: as near 90º as site conditions permit.

[b] One-way operation: 45º minimum.

(b) Single-access driveway approaches shall be positioned at right angles [90º] to the highway or as near thereto as site conditions permit. When two access driveways are constructed on the same property frontage and used for one-way operations, each of these driveways may be placed at an angle less than a right angle, but not less than 45º to the highway.

(2) Corner clearance.

(a) Control dimensions.

[1] Rural: 30 feet minimum.

[2] Urban: 20 feet minimum.

(b) Corner clearance shall be a minimum of 30 feet in rural areas and 20 feet in urban areas. These dimensions must include pavement edge distance of 10 feet in rural areas and five feet in urban areas.

(3) Intermediate island between multiple driveways.

(a) Control dimensions:

[1] Rural: 20 feet minimum.

[2] Urban: 15 feet minimum.

(b) An intermediate island shall separate all multiple driveways opening upon the same highway. The island area shall extend from the shoulder line, ditch line or curbline to the right-of-way line. The minimum length for an intermediate island measured along the right-of-way line shall be 10 feet. The minimum length measured along the shoulder line, ditch line or curbline shall be 20 feet in rural areas or 15 feet in urban areas.

(c) The intermediate island area shall be clearly defined. Intermediate islands of 20 feet or less measured along the shoulder line, ditch line or curbline shall be defined by a permanent-type curb. Additional curbing may be required at the discretion of the Township Engineer.

(4) Radius curb. Control dimensions: the maximum and minimum length for radius curbs.

(a) Rural residential.

[1] Five feet minimum.

[2] Twenty feet maximum.

(b) Rural commercial.

[1] Five feet minimum.

[2] Fifty-five feet maximum.

(c) Urban residential:

[1] Five feet minimum.

[2] Twenty feet maximum.

(d) Urban commercial:

[1] Five feet minimum.

[2] Fifty-five feet maximum.

(5) Setback; recommended control dimensions.

(a) Fuel pump islands: 12 feet minimum outside the right-of-way line.

(b) It is recommended that all liquid fuel service stations business establishments and other roadside developments other than private residences shall be located a sufficient distance from the right-of-way line as to provide ample driving area and parking off the right-of-way, prevent storage of vehicles on the access driveways and the backing up and turning of vehicles on the highway pavement.

(6) Width of access driveway approaches.

(a) Control dimensions.

[1] Residential:

[a] Ten feet minimum.

[b] Twenty feet maximum.

[2] Commercial:

[a] Fifteen feet minimum.

[b] Thirty-five feet maximum.

(b) The width of access driveways shall not exceed the above dimensions when measured at a right angle to the center line of the driveway. Where a commercial access driveway approach and the highway pavement meet, flaring of the driveway shall be required to allow safe and easy turning of the vehicle either into or out of a commercial development. Service station driveways shall not have a flared width greater than 65 feet.

(7) Curb.

(a) All curb must be of a permanent type. In urban or rural areas where no curb exists, one of the following types of curb may be used:

[1] Eight-inch-high vertical face curb.

[2] Six-inch-high sloped face curb.

(b) Where the property abutting a highway right-of-way will be used for a parking area, the township may require curb to be placed. This curb will be required to confine the traffic movement to the access driveway and to prohibit encroachment upon sidewalks or shoulder area.

(8) Sight distance.

(a) Access driveways shall be located at a point of optimum sight distance along the highway within the property frontage limits. The profile of the driveway and the grading of the right-of-way area shall provide a maximum sight distance so that the operator of a vehicle departing from such a driveway will have optimum visibility in either direction along the highways.

(b) Where adequate sight distance cannot be attained, the location of the driveway will be at the discretion of the Township Engineer.

(9) Slope of access driveway.

(a) All driveways shall be constructed in such a manner as not to impair drainage within the highway right-of-way, alter the stability of the roadway subgrade or materially change the drainage of adjacent areas. Where open shoulders or berms exist the grade of a paved access driveway(s) shall slope away from the highway pavement at the same rate as the existing shoulder (unless advised to the contrary of the Township Engineer) for the width of the shoulder. The gradient of a driveway beyond this point (within the highway right-of-way) shall be not less than 1/4 inch per foot.

(b) Driveway ramps may extend from the face of the curb up to the outer edge of the sidewalk area in those cases where a planted area occurs between multiple driveways. The rate of slope for such driveway ramps preferably should not exceed one inch per foot. Where conditions are such that one-inch-per-foot slope is not obtainable, the sidewalk area of the driveway may be lowered sufficiently to obtain the allowable ramp slope, and the sidewalk may be warped up to meet the normal sidewalk grade, at a rate of slope not to exceed 3/8 inch per foot.

(c) Where a drainage ditch or swale exists, adequate pipe shall be installed under the driveway (by the permittee) in accordance with township specifications. The minimum diameter of such drainage pipe shall be 15 inches (or eleven-by-eighteen-inch arch) unless otherwise specified by the Township Engineer.

(10) Access driveway pavement. Access driveways shall be appropriately surfaced between the traveled road and the business or service area with a stabilized material or a higher material when specified by the Township Engineer.

(11) Deceleration and acceleration lanes.

(a) The shoulder or berm area leading to the entrance driveway of a business establishment or other roadside developments in rural areas may be paved for a suitable distance, to permit vehicles to decelerate or accelerate in safety when entering or leaving the property. Such paving shall be limited to the area in front of the abutting property and shall be done by the property owner, at his expense in accordance with township specifications.

(b) Special attention will be given to permit requests for the construction of access driveways to large business establishments, shopping centers, outdoor theaters, etc., particularly when the volume of traffic generated may necessitate acceleration and deceleration lanes, standby lanes, "jughandles," channelization, etc. In all such cases, the permittee shall be advised that costs incident to the construction of such additional roadway improvements shall be at no expense to the township. Such work shall be constructed under the supervision and inspection of the township.

F. Maintenance. All driveways, adjacent areas and areas between such driveways, including channelization, paving drainage, etc., installed by the permittee shall be maintained by the property owner in such a manner as not to interfere or be inconsistent with the design, maintenance and drainage of the highway or the safe and convenient passage of traffic upon the highway. The term "adjacent area" shall apply only to that area within the permittee's property line extended.

§ 122-19 Parking areas.

A. Automobile parking facilities shall be provided off-street in accordance with requirements of the Zoning Ordinance[1] and this chapter.

[1] Editor's Note: See Ch. 145, Zoning.

B. At no time shall angle or perpendicular parking along the curbs of local, public or private access roads or streets be permitted. All parking lots and bays allowing any parking other than parallel shall be physically separated from the cartway by a minimum of 10 feet and confined by barrier curbing.

C. Areas for off-street parking of motor vehicles shall comply with the limitations and landscaping requirements of § 122-68 of this chapter.

[Amended 7-12-1993 by Ord. No. 196]

D. Parking may be permitted within side and/or rear yards when the side and/or rear yard abuts a district zoned industrial and/or commercial. However, no parking shall be permitted within five feet of a side or rear property line unless formal arrangements satisfactory to the township have been made for the establishment of common parking facilities.

E. In commercial and industrial districts, provision of common parking facilities is hereby encouraged in recognition of their increased flexibility and efficiency. Subject to formal arrangements between the proposed users of the common parking facilities, satisfactory to the township, the Zoning Hearing Board may reduce the aggregate amount of required parking space upon determination that greater efficiency is effected by joint use of the common parking area. When common parking facilities are approved, side and/or rear yard parking requirements may be waived in order to establish unified and continuous parking areas. In such cases, access drives and sidewalks shall be so aligned as to maximize parking efficiency and minimize traffic congestion. Entrances and exits must have good visibility so that, both going in and coming out, drivers can see and cars can be seen.

F. Parking stall dimensions shall be not less than 10 feet in width and 20 feet in depth. Parking stall dimensions in the Office Campus Overlay District shall be not less than nine feet in width and 18 feet in depth.

[Amended 12-12-1994 by Ord. No. 215]

G. All dead-end parking lots shall be designed to provide sufficient back up area for end stalls.

H. No less than a five-foot radius of curvature shall be permitted for all curblines in all parking areas.

I. Parking lot dimensions shall be no less than those listed in the following table:

	Parking Stall Depth (feet)	Aisle Width (feet)	Angle of Parking	One-Way (feet)	Two-Way (feet)
	90º	20	10	25	25
	60º	21	10	18	20
	45º	19	10	15	18

J. Parking space dimensions in the Office Campus Overlay District, the Industrial District, the Limited Industrial District and the Low-Intensity Limited Industrial District shall be not less than those listed in the following table:

[Added 12-12-1994 by Ord. No. 215; amended 4-14-1997 by Ord. No. 251]

				Aisle Width
	Angle of Parking	Parking Stall Depth (feet)	Width (feet)	One-Way (feet)	Two-Way (feet)
	90º	18	9	24	24

§ 122-20 Sidewalks.

A. Where required.

(1) Sidewalks shall be provided along all streets within a multifamily residential development except where, in the opinion of the Board of Supervisors, they are unnecessary for the public safety and convenience.

(2) Sidewalks shall be required in those single-family residential developments located in the R-100 and R-130 Residential Districts where the lot size provisions of the Franconia Township Zoning Ordinance[1] are used, i.e., where the minimum lot size is established as 30,000 square feet or less.

[1] Editor's Note: See Ch. 145, Zoning.

(3) On land developments with common areas, sidewalks should be located appropriately to serve as access between parking areas and buildings and in common areas to serve as internal site circulation.

(4) Sidewalks shall be required at any location where the Board of Supervisors shall determine that sidewalks are necessary for public safety or convenience.

B. Width. Where required, sidewalks shall not be less than four feet in residential areas. A greater width may be required in areas in which apartments or business buildings are located or deemed necessary at the discretion of the governing body.

C. On public streets. Sidewalks shall be located between the curb and right-of-way line five feet from the curbline. The grade and paving of the sidewalk shall be continuous across driveways except in certain cases where heavy traffic volume dictates special treatment.

D. Crosswalks. Crosswalks not less than 10 feet wide and with concrete or asphalt paving not less than four feet wide may be required where necessary to provide access to schools, churches, parks and commercial areas. They shall be maintained by the abutting property owners in the same manner as sidewalks on public streets.

E. Construction methods. Sidewalks shall be constructed so as to discharge drainage to the street, the grade of which shall not be less than 1/4 inch per foot. The finished grade between the outside of the sidewalk to the curbline (edge of the cartway) shall never exceed a total vertical elevation change of one foot. All concrete sidewalks shall be constructed in accordance with the Pennsylvania Department of Transportation Specifications Form 408, current edition. The concrete apron in the driveway area shall be reinforced with wire; six by six inches Number 9 wire (minimum). Two layers of this wire shall be utilized with a minimum of two-inch spacing between layers. The wire shall be installed so that it is not closer than 1/2 inch from the top or bottom surfaces of the driveway.

§ 122-21 Curbs.

[Amended 9-14-1987 by Ord. No. 136]

Plain cement concrete curb shall be constructed along all existing streets and roads and along both sides of a new interior street unless the Board of Supervisors shall otherwise direct that this construction shall be postponed or eliminated. All commercial, industrial and multifamily parking areas and driveways shall have curbs where pavement edge and grass meet. The size and type shall be as specified by the Township Engineer according to a design detail as furnished by said Engineer. All curbing shall be constructed, both as to materials and methods, generally in conformance with applicable portions of Pennsylvania Department of Transportation Specifications Form 408, current edition. Intersections where sidewalks are provided shall be provided with depressions for wheelchair use.

§ 122-22 Blocks.

A. Length. In general all blocks in a subdivision shall have a minimum length of 500 feet and a maximum length of 1,200 feet unless special conditions warrant a change.

B. Width. Whenever practicable, blocks shall be of such width as to provide two tiers of lots of the minimum size permitted under the applicable zoning classifications except in the case of lots along a major thoroughfare where the lot fronts on an interior street.

C. Blocks for commercial and industrial areas. Blocks for commercial and industrial areas may vary from the elements of design contained in this section if the nature of the use requires other treatment. In such cases, off-street parking for employees and customers will be required along with safe and convenient limited access to the street system. Space for off-street loading will also be required with similar access. Extension of streets, railroad access right-of-way, and utilities shall be provided. The amount of parking space shall be required by the Zoning Ordinance.[1]

[1] Editor's Note: See Ch. 145, Zoning.

§ 122-23 Lots.

A. Area. All lots shall be no smaller than the minimum lot area requirements of the applicable zoning classification.

B. Depth. Lots excessively deep in relation to width are to be avoided. A proportion of 2 1/2 to 1 is generally regarded as desirable maximum for lots 60 feet or more in width.

C. Width. The minimum width of a lot shall be that width which is measured along the building setback line, in feet specified for the applicable zoning district.

D. Corner lots. All corner lots shall be a minimum of 1 1/2 times the minimum width of the interior lots of the same block, except for lots 30,000 square feet or larger.

E. Rear lotting.

(1) Rear lotting shall be allowed only when it is demonstrated by the applicant that no other method of subdivision is practical or desirable on the subject tracts, and that the result is clearly superior to the conventional approach.

(2) Rear lotting shall generally be permitted only in residential subdivisions, and preferably be limited to the lower-density areas.

(3) When it is determined that utilization of a rear-lotting technique is justifiable, certain criteria shall be established:

(a) Access to the rear lot shall be through an access strip held in fee simple ownership, not through an easement over adjacent property.

(b) The access leg shall not be included in the calculations of net lot area required by the minimum standards of the applicable zoning districts.

(c) The minimum width of the access strip for a single lot should be 25 feet.

[Amended 9-14-1987 by Ord. No. 136]

(d) When the tract is located in an area where public sanitary sewers exist or are proposed for the near future, rear lotting shall be permitted only if the dwelling to be constructed on the rear lot is connected to the sewer system.

(e) The yard requirements for the applicable zoning district shall be observed. The front yard shall be measured from the rear lot line of the adjacent property having frontage on the road.

[Added 6-8-1998 by Ord. No. 263]

F. Frontage. The frontage shall not be less than the minimum requirements of the Zoning Ordinance,[1] except that on the outside of a curved residential streets, and on the turnaround of culs-de-sac, a minimum frontage of 50 feet may be acceptable, provided that proper lot width is attained at the building setback lines.

[1] Editor's Note: See Ch. 145, Zoning.

G. Side lines. Whenever practicable, the side lines of a lot shall be set at right angles or radial to the right-of-way line.

H. Building lines. Building lines for all lots shall be in conformance with the minimum front, side and rear yard requirements of the applicable zoning district.

I. Lot numbers. For the purpose of development, each subdivision may have an overall system of lot numbers, the number 1 being assigned to a lot in the first section to be developed. (Such system of lot numbers shall not be confused with the regulated house- or building-numbering system based on a township-wide plan.)

J. Building numbers. House or building numbers shall be assigned by the municipality based on an overall street plan. Numbers will be assigned in such a way as to allow for vacant parcels and future development.

K. Flag lots. Flag lots shall be limited in number such that only one flag lot shall be permitted for every four non-flag lots (or parts thereof).

[Added 6-17-2008 by Ord. No. 348]

§ 122-24 Subdivision or land developments with existing structures on land.

Except where a structure was obviously built to house more than one family, but where heretofore that structure and the surrounding property was held in single and separate ownership, and further where such a subdivision is proposed for the purpose of separating such a structure into two or more ownership parcels, no subdivision or land development will be approved with the property line extending through any portion of any existing structure.

A. If structure(s) is to remain.

(1) In residential zoning districts of the township, the lot size and the lot dimensions of the newly created lot containing the structure(s) must be in scale with the height and bulk of the structure even if this requires a lot area and/or dimensions exceeding the minimum zoning requirement for that district. Structures proposed on the vacant portions of lands being subdivided shall conform, to the extent possible, to the height, bulk, building material and architectural character of the existing structures in the immediate vicinity and the subdivision plans shall show building plans at suitable detail.

(2) In other zoning districts of the township (especially commercial and industrial districts), the subdivision of the land must provide adequate service and parking facilities, etc., in keeping with the minimum requirements of the Zoning Ordinance[1] for each lot and cumulatively for all lots in the subdivision. No subdivision will be approved in such instances if the servicing and/or parking facilities, etc., attendant to the existing structure are deemed inadequate or would be considered to become inadequate with the development of the now vacant lands. Any new structures contemplated on the newly subdivided parcels shall be in conformity with the existing structures in the immediate vicinity to the extent possible in regards to height, bulk, building material and architectural character and the subdivision plans shall show building plans at suitable detail.

[1] Editor's Note: See Ch. 145, Zoning.

(3) Alterations and replacements will be permitted within the existing structure, but exterior extensions of the building must conform to the requirements of the Franconia Township Zoning Ordinance.[2]

[2] Editor's Note: See Ch. 145, Zoning.

B. If an existing structure(s) is to be removed, subdivision approval will be issued conditional upon the expeditious removal of existing structures in complete conformity with all other pertinent township procedural requirements. The subdivision plans shall furthermore show in detail the proposed development of each parcel of ground, and the proposed development shall not provide less service and parking facilities, etc., than now exist. In commercial and industrial areas, plots of land that have been cleared, as well as the existing vacant portions of such lands, should be developed in conformity with the long-range needs of the area to the extent possible, and all developmental requirements embodied in the Township Subdivision Regulations and Zoning Ordinance[3] shall be adhered to. If roadway realignments and other similar requirements are deemed necessary in the immediate vicinity of the plot being subdivided, they shall be corrected as part of the subdivision design to the utmost of the subdivider's ability.

[3] Editor's Note: See Ch. 145, Zoning.

C. If an existing structure is to be partly replaced or is to be added on to. Demolition plans and/or construction plans must be detailed as part of the subdivision plan review, and subsequent subdivision approval will be conditional upon compliance with said proposed details. Additions to existing structures shall be in harmony with existing structures in the immediate vicinity, especially in respect to height, bulk, building material and architectural characteristics. In the case of partial demolition of existing structures, the remaining structure must be in keeping with the existent buildings in the immediate vicinity in relation to type, bulk, building materials and architectural characteristics. Renovation work to the remaining portion of a structure following partial demolition must be completed promptly and expeditiously.

§ 122-25 Grading.

[Amended 8-18-2014 by Ord. No. 377]

A. Site excavation and fill. No permanent excavation or fill shall be made with a face steeper in slope than two to one except under one or more of the following conditions:

(1) The excavation or fill is located so that a line having a slope of 1 1/2 horizontal to one vertical and passing through any portion of the face will be entirely inside of the property lines of the property on which the excavation or fill is made.

(2) The material in which the excavation or fill is made is sufficiently stable to sustain a slope of steeper than two to one, and a written statement of a civil engineer, licensed by the Commonwealth of Pennsylvania and experienced in soil engineering, to that effect is submitted to the Township Engineer and approved by him. The statement shall state that the site has been inspected and the deviation from the slope specified hereinbefore will not result in injury to persons or damage to property.

(3) A concrete or stone-masonry wall constructed according to present or future designs of the Township of Franconia is provided to support the face of the excavation or fill.

B. Slopes and fences. The top or bottom edge of slopes shall be a minimum of three feet from property or right-of-way lines of streets or alleys in order to permit the normal rounding of the edge without encroaching on the abutting property. All property lines (where walls or slopes are steeper than one horizontal to one vertical and five feet or more in height) shall be protected by a chain-link fence four feet in height approved by the Township. The fence shall be an integral part of the wall.

C. Site grading plan. The Township Engineer shall require a grading plan in conjunction with the plan of subdivision, land development or regulated earthmoving activity in order to ensure compliance with the above standards and the provisions of a separately enacted Grading Ordinance.[1]

[1] Editor's Note: See Ch. 83, Grading, Excavation and Fill.

D. A stormwater and watershed management plan shall be provided in accordance with the requirements of Article X for all regulated activities over 5,000 square feet (1,000 square feet in the Neshaminy Watershed), including post-construction stormwater management facilities, each of which shall include an operations and management plan.

§ 122-26 Drainage.

Amended 9-14-1987 by Ord. No. 136; 5-16-2005 by Ord. No. 331; 8-18-2014 by Ord. No. 377]

A. Design requirements.

(1) Storm drains, storm and surface drainage. All storm drains and drainage facilities, such as gutters, catch basins, bridges and culverts, shall be installed and the land graded for adequate drainage as shown on the grading plan submitted and approved with the preliminary plan. Surface grading of nonpaved surfaces shall be of a minimum grade of 2% (0.02 foot per foot), except where underdrain is provided within designed channels such minimal surface grade shall be 1% (0.01 foot per foot).

(2) When required:

(a) Storm drains and appurtenances shall be required to be constructed by the subdivider to take surface water from the bottom of vertical grades, where gutter flows exceed one half the lane width of a highway, in channels where flow velocity exceeds the ability of the channel lining to resist erosion or degradation, where underdrain is necessary to lead water away from springs and to avoid excessive use of cross gutters at street intersections and elsewhere. All surface waters shall be enclosed in storm drainage structures except where the stormwater management and watershed plan encourages designed infiltration in surface water channels or natural channels are maintainable.

[1] Open watercourses are to be preserved where they exist naturally and where, in the opinion of the departments affected, they will not interfere with public convenience or safety, but in fact will provide comparable or superior drainage capabilities of piped drainage. Stabilization design of eroding natural waterways shall be incorporated with the stormwater and watershed management plan.

[2] When submitting a plan for approval involving the construction of storm drainage facilities, the designer's computations shall be submitted in duplicate to facilitate the checking of design.

[3] Design of storm drainage facilities shall be completed in accordance with accepted engineering practices in conjunction with standards and approval to be given by the Township Engineer.

(b) Storm drainage facilities, including PCSWM, shall be designed so that the peak discharge of runoff after development for the design storm shall be no more than the peak flow before the development was undertaken or the less under Article X, Stormwater and Watershed Management. For development and redevelopment sites, the ground cover used to determine the existing conditions runoff volume and flow rate for the developed portion of the site shall be based upon actual land cover conditions. If the developed site contains impervious surfaces, 20% of the impervious surface area shall be considered meadow in the model for existing conditions.

(3) Location. Wherever practicable storm drains shall be located behind the curb and within the right-of-way of the street. They shall be protected by a cover of at least 18 inches.

(4) Size, grade and type. Storm drains shall be adequate for the anticipated runoff when the area is fully developed as permitted by zoning. They shall have a minimum internal diameter of 18 inches and a minimum grade of 1/2 of 1% unless otherwise approved by the Township Engineer. Storm drainage piping beneath paved surfaces, adjacent and/or within paved surfaces and/or highway right-of-ways, or as may be directed by the Township Engineer, shall be reinforced concrete pipe of the appropriate design class.

(5) Change in direction. Special curved storm drain sections may be used where abrupt changes are made in alignment in lieu of constructing manholes only for pipe sizes over 30 inches in diameter and with permission of the Township Engineer.

(6) Manholes. Manholes shall be constructed at all changes in horizontal or vertical alignment, shall be spaced not more than 300 feet apart on pipe of 24 inches' internal diameter or less, and not more than 400 feet apart where larger sizes are installed. Inlets may be substituted for manholes where they will serve a useful purpose.

(7) Inlets. Inlet spacing shall be so arranged that 95% of the gutter flow will be captured. Inlets should be spaced to intercept sufficient flow to handle at least 1/2 of the traveled cartway lane. No inlet smaller than Franconia Standard Type 4 Foot Special Inlet shall be used on streets with grades of 4% or less. Franconia Standard Type 6 Foot Special Inlets shall be used on streets with grades of more than 4%. Inlets at street intersections shall be placed on the tangent and not on the curved portions. The gutter adjacent to and immediately upgrade from the inlet shall be so warped as to direct the water into the inlet.

(8) Castings. Manhole and inlet castings, together with their covers or gratings, shall conform to Pennsylvania Department of Transportation or Township standards, as may be in effect at the time the design of the sewer is submitted.

(9) Stormwater roof drains. Stormwater roof drains and pipes shall not discharge water over a sidewalk but shall be either infiltrated into a designed infiltration system or extended under the sidewalk into the storm sewer collection system.

(10) Unnatural drainage. Wherever construction stops or concentrates the natural flow of storm drainage in such a way as to affect adjoining properties, approval of the owners should be obtained in writing and a copy filed with the Township Manager. Approval of plans by the Township does not authorize or sanction drainage affecting adjoining properties.

(11) Drainage from nonnatural sources. Water originating from other than natural sources, such as air conditioning, dwelling units, sump pumps or other dry-weather flow, shall be treated in accordance with DEP NPDES requirements and Article X. It is desirable that the engineer seek to avoid the discharge of water under the sidewalk through the curb into the gutter except as may be allowed under Article X.

(12) Stormwater facility setbacks. Separation distances between stormwater facilities and buildings shall be in accordance with the guidelines of the PA BMP Manual, latest revision, and site layout shall consider the effect of infiltration facilities on nearby basements. The site layout and construction of new aboveground stormwater facilities shall be controlled by the following regulations:

[Added 1-20-2020 by Ord. No. 409]

(a) Single-family residential uses. For all single-family residential uses, no part of any aboveground stormwater facility shall occupy more than 25% of the required yard area, measured as to linear dimension or surface area. Aboveground stormwater facilities shall be located on the perimeter of the lot, shall be entirely within the lot lines, and shall be located as far from the dwelling as possible in order to provide a reasonable amount of usable yard space. No aboveground stormwater facilities shall be located closer than a distance equal to the minimum required rear yard setback for the zoning district in which they are located from a building, whether on the same lot or any adjacent lot as measured from the 100-year high water surface elevation on the inside of the emergency spillway.

(b) Multifamily residential uses. For all multifamily residential uses where the lot is used for residential purposes, no part of any aboveground stormwater facility shall be located in the required yard area of any individual dwelling unit. No part of any aboveground stormwater facility shall occupy more than 35% of the required yard area, measured as to linear dimension or surface area, of any required yard. No aboveground stormwater facilities shall be located closer than a distance equal to the minimum required rear yard setback for the zoning district in which they are located from a building, whether on the same lot or any adjacent lot as measured from the 100-year high water surface elevation on the inside of the emergency spillway.

(c) Nonresidential uses. For all nonresidential uses, no part of any aboveground stormwater facility shall occupy more than 15% of the required yard area, measured as to linear dimension or surface area. No aboveground stormwater facilities shall be located closer than a distance equal to the minimum required rear yard setback for the zoning district in which they are located from a building, whether on the same lot or any adjacent lot as measured from the 100-year high water surface elevation on the inside of the emergency spillway.

B. Design submission and supporting computations.

(1) Stormwater runoff calculations shall use a generally accepted calculation technique that is based on the NRCS soil cover complex method. Design parameters shall be those in SCS TR-55. Table 122-26.1 summarizes other computation methods that the design engineer may select as the appropriate technique in consultation with the Township Engineer based on the individual limitations and suitability of each method for a particular site.

The Rational Method is an alternate technique that may be used for drainage areas under 200 acres in consultation with the Township Engineer. Runoff coefficients (c) for both existing and proposed conditions shall utilize PennDOT Design Manual for this method unless otherwise directed by the Township Engineer.

(2) All calculations consistent with the Franconia Code using the soil cover complex method shall use the appropriate design rainfall depths for the various return period storms according to the National Oceanic and Atmospheric Administration (NOAA) Atlas 14, Volume 2, Version 3.0, rain data corresponding to the Perkasie, Pennsylvania, rain gauge, as presented in Table A-1 of Appendix A of this chapter.[1] The design storm rainfall amount chosen for design can be obtained from the National Oceanic and Atmospheric Administration Atlas 14 interactive website: http://hdsc.nws.noaa.gov/.

[Amended 1-20-2020 by Ord. No. 409]

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

(3) Runoff curve numbers (CN) for existing to be used in the soil cover complex method, Rational Method or other selected hydrologic methodology shall assume the existing conditions flow rate determination, undeveloped land shall be considered as "meadow" in good condition, unless the natural ground cover generates a lower curve number or Rational "C" value (i.e., forest).

(4) All calculations using the Rational Method shall use rainfall intensities consistent with appropriate times of concentration for overland flow, with sheet flow limited to return periods from the design storm curves from PA Department of Transportation Design Rainfall Curves (1986). Times of concentration for overland flow shall be calculated using the methodology presented in Chapter 3 of Urban Hydrology for Small Watersheds, NRCS, TR-55 (as amended or replaced from time to time by NRCS - 100 Foot Maximum Length).

(5) The designer shall consider that the runoff from proposed sites graded to the subsoil will not have the same runoff conditions as the site under existing conditions even if topsoiled and seeded. The designer shall increase their proposed condition CN or C value to reflect proposed soil conditions.

(6) The design of any stormwater detention facilities intended to meet the performance standards of this chapter shall be verified by routing the design storm hydrograph through these facilities using the Storage-Indication Method. For drainage areas greater than 0.5 acre in size, the design storm hydrograph shall be computed using a calculation method that produces a full hydrograph. The municipality may approve the use of any generally accepted full hydrograph approximation technique that shall use a total runoff volume that is consistent with the volume from a method that produces a full hydrograph.

	Table 122-26.1 Acceptable Computation Hydrologic Methodologies For Stormwater Management Plans
	Method	Method Developed By	Applicability
	TR-20 (or commercial computer package based on TR-20)	USDA NRCS	Applicable where use of full hydrology computer model is desirable or necessary
	TR-55 (or commercial computer package)		Applicable for development USDA NRCS plans within limitations described
	HEC-1, HEC-HMS	U.S. Army C.O.E	Applicable where use of full hydrologic computer models
	PSRM	Penn State University	Applicable where use of a hydrologic computer model is desirable or necessary; simpler than TR-20 or HEC-1
	Rational Method PennDOT Design Manual (or commercial computer package based on Rational Method)		For sites less than 200 acres, or approved by Township Engineer
	Other methods		As approved by the Township Engineer

(7) All plans showing the proposed storm sewer construction must be accompanied by a complete design submitted by the PA registered engineer or land surveyor. Such design shall include hydraulic grade line, pipe full capacity, full and partial full velocity, inlet interception efficiency with bypass channel flow width, outfall flow spread and apron stability sizing computations.

(8) When subdivisions or land developments are submitted to the Township for approval in sections, a complete storm sewer design for the proposed subdivision and land development shall be submitted. The proposed design must include the entire tract, including all contributing upstream drainage area(s) and projected land use.

(9) If only a section of a subdivision or land development is contemplated for construction, the engineer shall show how he proposes to handle stormwater from this section in order to prevent damage to adjacent properties. If temporary construction is required, the engineer shall include such structures in the plan submitted.

(10) In the event that such temporary measures cannot ensure protection to adjacent properties, then the main outfall line of the storm sewer shall be included as part of the construction for the proposed section.

§ 122-27 Reserve strips; rights-of-way; utility installations.

A. Reserve strips controlling access to streets, alleys, subdivisions or adjacent areas are prohibited.

B. Right-of-way and/or easements for sanitary utilities, road construction or maintenance, or for drainage purposes, public utilities or for any specific purpose shall be required by the governing body as needed; the location and width in each case shall be determined by that body.

(1) Building setback lines shall be measured from the nearest side of the right-of-way or easement to the proposed building.

(2) Nothing shall be permitted to be placed, planted, set or put within the areas of an easement unless it is a portable object. The area shall be kept as lawn.

(3) The owner of any lot, upon written request by the township and at the owner's sole expense, shall remove anything placed, planted, set or put (with or without knowledge of this regulation) within the area of any easement.

(4) To the fullest extent possible, easements shall be adjacent to rear or side lot lines.

C. No right-of-way nor easement for any purpose whatsoever shall be recited or described in any deed unless the same has been shown on the approved plan. Any error found in a deed shall be immediately corrected and re-recorded in the office of the Recorder of Deeds for Montgomery County at Norristown, Pennsylvania, at the sole expense of the subdivider.

D. Utility easements. A minimum width of 20 feet shall be provided for common utilities and drainage when provided in undedicated land. Nothing shall be permitted to be placed, planted, set or put within the area of an easement, but shall be maintained as lawn.

E. Public utilities. All water, sewer and gas mains and other underground facilities shall be installed prior to street paving at locations approved by the township for the full width of the right-of-way.

F. Underground utilities. All water, sewer and gas mains shall be installed underground. All electric, telephone and communication services, both main and service lines, shall be provided by underground cables, installed in accordance with the prevailing standards and practices of the utility or other companies providing such services, except where it is demonstrated to the satisfaction of the Township Board of Supervisors that underground installations herein required are not feasible because of physical conditions of the lands involved. All main underground cables which are within the right-of-way of a street shall be located as specified by the Board of Supervisors.

(1) In order to promote and facilitate the undergrounding of utility distribution lines, a letter of endorsement shall be required from the suppliers of utility service (not limited to electrical, telephone or cable television) of the developer's choice wherein the applicant acknowledges that underground utilities are feasible and shall be consummated as part of the improvement plan. A statement relative to the intent of the developer to provide underground utility service shall be placed on the final plan requisite to final approval of such plan.

(2) The provisions in this chapter shall not be construed so as to limit or interfere with the construction, installation, operation and maintenance of public utility structures or facilities which may hereafter be located within public easements or rights-of-way designated for such purposes.

(3) Light standards are to be placed as required by ordinance. The power source for such standards shall be placed underground as required.

(4) Along arterial roads and major highways, all new electrical service should be placed underground.

G. Conservation easements. The township may request conservation easements on subdivision and land development plans in order to preserve important natural features. Features shall include but not be limited to steep slope areas (greater that 15%), scenic viewsheds, floodplains as defined by the one-hundred-year flood boundary on the FEMA map, wetlands and stream corridors. Trail access may or may not be included in the easement, depending on the property's location.

[Added 7-14-1997 by Ord. No. 255]

(1) The minimum width of the conservation easement shall be 50 feet. It shall be wider where necessary to include the one-hundred-year floodplain, an area of wetlands or steep slopes or other natural features.

(2) The Board of Supervisors, at the recommendation of the Planning Commission, may permit conservation easement widths less than 50 feet wherever a wider easement would conflict with existing development or where design considerations on a specific subdivision or land development plan require a lesser width.

(3) Conservation easements may be donated to the township or to a nonprofit land trust or historic preservation organization.

(4) Conservation easements are to be recorded at the Montgomery County Office of the Recorder of Deeds.

§ 122-28 Sewers and on-site disposal systems.

A. Sewers. Whenever practicable, sanitary sewers shall be installed and connected to the township or Authority sanitary sewer system following review of plans and approval by Department of Conservation and Natural Resources and/or the Franconia Township Sewer Authority. In areas not presently served by public sanitary sewers, appropriate sewage disposal must be provided in accordance with the regulations of the Department of Conservation and Natural Resources, and, in addition, the installation and capping of sanitary sewer mains and house connections may be required if studies by the Board of Supervisors indicate that extension of public sanitary sewer trucks or laterals to serve the property subdivided appears probable or necessary to protect public health.

(1) When consistent with the Township Sewage Facilities Plan, sanitary sewers, with connection to each building in a subdivision or land development, shall be installed at the expense of the applicant or subdivider and connected to the township sanitary sewer system.

(2) When not consistent with the Township Sewage Facilities Plan the applicant must request a revision to the plan in accordance with Act 537, the Pennsylvania Sewage Facilities Act,[1] in order to allow installation of sewers.

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

(3) Sanitary sewers shall be constructed according to the Franconia Township Authority Regulations.

B. On-site disposal systems. If public sewage disposal is not available, and the sewage treatment is on a project or individual lot basis, such private facilities must be installed by the subdivider, developer or builder under the direct supervision of the Sewage Enforcement Officer of Franconia Township.

(1) The Sewage Enforcement Officer shall require percolation and/or other appropriate tests, when warranted by soil conditions, in order to determine the size, extent and nature of disposal facilities. Such tests shall be conducted for each lot proposed for development.

(2) After assuring that all requirements have been met, the Sewage Enforcement Officer shall issue a certificate of approval to the Secretary of the township as a requirement for final plan approval.

(3) In no instance shall a septic tank tile field or other effluent disseminating system be located nearer to a drilled well than 100 feet.

(4) All on-site disposal systems shall be designed to facilitate cleaning. Abandoned wells may not be used as cesspools; the tile disposal field shall be located in an unobstructed and unshaded area.

(5) All on-site disposal systems shall be located to avoid impairment to them from floodwaters or contamination from them during flooding.

§ 122-29 Water supply.

A. If water supply is to be provided by means other than by private wells owned and maintained by the individual owners of lots within the subdivision or development, the applicant shall present evidence to the Board of Supervisors that the subdivision or development is to be supplied by a certificated public utility, a bona fide cooperative association of lot owners or by a municipal corporation, authority or utility. A copy of a certificate of public convenience from the Pennsylvania Public Utility Commission or an application for such certificate, a cooperative agreement or a commitment or agreement to serve the area in question, whichever is appropriate, shall be acceptable evidence.

[Amended 9-14-1987 by Ord. No. 136; 11-12-1990 by Ord. No. 177]

B. A circular area with a radius conforming to the rules and regulations, or future amendments thereto, of the Department of Conservation and Natural Resources and the Franconia Sewer Authority shall be shown around each well to denote clear space in which no on-site sewage system is to be located.[1]

[1] Editor's Note: Former Subsection B, concerning construction of wells, was repealed 8-9-1994 by Ord. No. 210. Said ordinance also provided for the redesignation of former Subsections C, D and E as Subsections B, C and D, respectively. Former Section 414.3, which immediately preceded this subsection and which was a duplicate of current Subsection B of this section, was deleted 9-12-1988 by Ord. No. 147.

C. Where public water service is furnished, the circles are not necessary, with the exceptions of those well(s) lying immediately adjacent to the subdivision. However, the usable area is limited by a clear zone surrounding the water service line to each house, as required by the Department of Conservation and Natural Resources and the Franconia Township Sewer Authority.

D. Fire hydrants shall be located at accessible points throughout the subdivision when centralized water supply is available and shall be located according to the regulations of the Franconia Township Sewer Authority, North Penn Water Authority or Pennsylvania Department of Conservation and Natural Resources. The type and methods of construction to be employed in the installation of fire hydrants shall be in accordance with current state regulations and those of the Franconia Township Sewer Authority.

§ 122-30 Special drainage problems; flood-prone areas and watercourses.

A. Those areas defined as "floodplain" by the Floodplain Conservation District of the Township Zoning Ordinance shall be subject to the requirements and restrictions contained in the Zoning Ordinance[1] and the following additional regulations which are intended to conform to the requirements of Section 1910.3b of the National Flood Insurance Program, P.L. 93-234. It is the purpose of these regulations to:

(1) Regulate any subdivision or land development of flood-prone land areas that is permitted as a result of an approved variance in order to promote the general health, welfare and safety of the community.

(2) Require that each subdivision lot or development site in flood-prone areas be provided with a safe building site with adequate access; and the public facilities which serve such sites shall be designed and installed to preclude flood damage at the time of initial construction.

(3) Protect individuals from buying lands which are unsuitable for use because of flood hazards by prohibiting the subdivision and development of unprotected flood-prone areas.

(4) Maintain the certification of Franconia Township and the eligibility of the property owners in Franconia Township for the benefits of the National Flood Insurance Program, P.L. 93-234.

[1] Editor's Note: See Ch. 145, Zoning.

B. The following requirements shall apply for all subdivision and land developments proposed in Franconia Township:

(1) The Board of Supervisors may, when it is deemed necessary for the health, comfort, safety or welfare of the present and future population of the area, and necessary to the conservation of water, drainage and sanitary facilities, restrict subdivision of any portion of the property which lies within the floodplain of any stream or drainage course.

(2) No subdivision or land development shall be approved if the proposed development or improvements will, individually or collectively, increase the established flood level or regulatory flood elevation (where available).

(3) If the Board of Supervisors determines that only a portion of a proposed plan can be safely developed, it shall limit development to that part and shall require that development proceed consistent with this determination.

(4) When the Board of Supervisors determines that additional controls are required to ensure safe development, it may require the developer to impose appropriate deed restrictions on the land. Such deed restrictions shall be inserted in every deed and noted on the record plan.

[Amended 9-14-1987 by Ord. No. 136]

C. Where any excavation or grading is proposed, or where any existing trees, shrubs or other vegetative cover will be removed, the developer shall consult the Montgomery County Conservation District representative concerning plans for erosion and sediment control and a report on the soil characteristics of the site in order to determine the type and magnitude of development the site may safely accommodate. Before undertaking any excavation or grading, the developer shall conform to all pertinent laws, regulations and ordinances of the Commonwealth of Pennsylvania and Franconia Township.

D. Storm drainage facilities shall be designed to convey the flow of surface waters without risk to persons or property. The drainage system shall ensure drainage at all points along streets and ensure conveyance of drainage away from buildings and on-site waste disposal sites. The Board of Supervisors may require an underground system to accommodate frequent floods and a secondary surface system to accommodate larger, less frequent floods. Drainage plans shall be consistent with local and regional drainage plans. The facilities shall be designed to prevent the discharge of increased peak runoff onto adjacent properties.

E. Any development which creates a significant change in the characteristics of the watershed, thus increasing volume and velocity of surface water runoff, due to the decrease in retention and infiltration of stormwater, shall not be permitted until guaranties are made of improvements that will reduce the likelihood of erosion, sedimentation, inundation and water drainage from peak periods of precipitation and provide for controlled disposal of excess surface water. Such improvements must satisfy the requirements and regulations of the Pennsylvania Department of Conservation and Natural Resources, Bureaus of Water Quality Management and Dams and Encroachments to assure that the flood-carrying capacity within the altered or relocated portion of any watercourse is maintained.

F. The finished elevation of proposed streets shall not be below the established flood level or regulatory flood elevation (where available). Drainage openings shall be sufficient to discharge flood flows without increasing flood heights.

G. All sanitary sewer systems located in flood-prone areas, whether public or private, shall be floodproofed up to a point one foot above the established flood level or regulatory flood elevation (where available).

(1) The Board of Supervisors may prohibit installation of sewage disposal facilities requiring soil absorption systems where such systems will not function due to high groundwater, flooding or unsuitable soil characteristics. The Board of Supervisors may require that the developer note on the plan and in any deed of conveyance that on-site sewage disposal systems are prohibited in designated flood-prone areas.

(2) The Board of Supervisors may prescribe adequate methods for waste disposal. If a public sanitary sewer system is located within or near the proposed subdivision or land development, the Board of Supervisors shall require the developer to connect to this system where practical and shall prescribe the procedures to be followed by the developer in connecting to said system.

H. All water systems in flood-prone areas, whether public or private, shall be floodproofed to a point one foot above the established flood level or regulatory flood elevation (where available). If there is an existing public water supply system within or near the subdivision or land development, the Board of Supervisors shall require the developer to connect to this system where practical and shall prescribe the procedures to be followed by the developer in connecting to said system.

I. All other public or private utilities and facilities shall be elevated or floodproofed to a point one foot above the established flood level or regulatory flood elevation (where available).

J. The Board of Supervisors, in its consideration of any preliminary plan of subdivision and land development, shall condition its approval upon the execution of measures designed to prevent accelerated soil erosion and resulting sedimentation, as required by the Pennsylvania Department of Conservation and Natural Resources. All applicable regulations and permit requirements of said department, as stipulated in its Soil Erosion and Sedimentation Control Manual, shall be followed by all parties engaged in earthmoving activities.

K. All continuously flowing natural watercourses shall be maintained in their natural state, except that removal of debris and correction of severe erosion shall be required.

L. Intermittent watercourses shall be maintained essentially at their existing alignments and gradients, except that they may be improved by minor regrading and shall either be planted in grass or provided with water erosion preventive improvements such as riprap. Paving of such watercourses shall not be allowed, nor shall piping, except under roads, driveways and walkways.

M. Intermittent watercourses often are significant elements at the headwaters of larger streams and are usually small in size. Therefore, developers should be encouraged to design and build around and with respect for these drainageways, and the Board of Supervisors may allow rerouting of these drainageways only when serious considerations so warrant, or when the site drainage will be improved by such proposed alignment changes.

§ 122-31 Erosion and sediment control.

[Amended 9-14-1987 by Ord. No. 136]

In addition to the township review, for areas greater than 25 acres a separate Department of Conservation and Natural Resources review will be required, and for areas over five acres approval from the Montgomery County Soil Conservation Service will be required.

A. General.

(1) For qualifying tracts, no changes shall be made in the contour of the land; no grading, excavating, removal or destruction of the topsoil, trees or other vegetative cover of the land shall be commenced until such time that a plan for minimizing erosion and sedimentation has been approved.

(2) No subdivision or land development plan shall be approved unless there has been a plan approved by the Board of Supervisors that provided for minimizing erosion and sedimentation consistent with this section, and an improvement bond or other acceptable securities are deposited with the township in the form of an escrow guaranty which will insure installation and completion of the required improvements; or unless there has been a determination by the Board of Supervisors that a plan for minimizing erosion and sedimentation is not necessary.

(3) The Board of Supervisors, in its consideration of any preliminary plan of subdivision and land development, shall condition its approval upon the execution of measures designed to prevent accelerated soil erosion and resulting sedimentation, as required by the Pennsylvania Department of Conservation and Natural Resources or Franconia Township. All applicable regulations and permit requirements of said Department as stipulated in its Soil Erosion and Sedimentation Control Manual shall be followed by all parties engaged in earthmoving activities. The manual is available at the office of the Montgomery County Conservation District, Norristown, Pennsylvania. The Township Engineer shall assure compliance with the appropriate specifications and requirements.

B. Performance principles.

(1) Any effective method of minimizing erosion and sedimentation can be included in the plan. Any questionable method should be discussed with the Township Engineer prior to submission.

(2) No unfiltered stormwater coming from an area which has been distributed shall be permitted onto an adjacent tract.

C. Responsibility.

(1) Whenever sedimentation is caused by stripping vegetation, regrading or other development activity, it shall be the responsibility of the person, corporation or other entity causing such sedimentation to remove it from all adjoining surfaces, drainage systems and watercourses and to repair any damage at his expense as quickly as possible.

(2) It is the responsibility of any person, corporation, or other entity doing any act on or across a stream, watercourse or swale or upon the floodplain or right-of-way thereof, to maintain, as nearly as possible, in its present state the stream, watercourse, swale, floodplain or right-of-way during the activity and to return it to its original or equal condition after such activity is completed.

(3) No person, corporation or other entity shall block, impede the flow of, alter, construct any structure or deposit any material or thing or commit any act which will affect normal or flood flow in any stream or watercourse without having obtained prior approval from the township or Pennsylvania Department of Conservation and Natural Resources, whichever is applicable.

D. Compliance with regulations and procedures.

(1) The Board of Supervisors in its consideration of all preliminary plans of subdivision and land development shall condition its approval upon the execution of erosion and sediment control measures as contained in Subsections B, C and D of this section.

(2) The installation and design of the required erosion and sediment control measures shall be in accordance with the standards and specifications on file with the Township Engineer.

(3) Final plans for minimizing erosion and sedimentation as approved will be incorporated into the agreement and bond requirements as required under Article IV of this chapter.

(4) The approval of plans and specifications for the control of erosion and sedimentation shall be concurrent with the approval of the final plans of subdivision or land development, and become a part thereof.

(5) At such time as a building permit is applied for, a plan of the site, including foundation outline, first floor and garage elevations, sump pump or other surface drain locations, building placement from lot lines, lot grading, surface water control and lot-specific erosion and sediment control, shall be supplied with the required building plans.

(6) Permission for clearing and grading prior to recording of plans may be obtained under temporary easements or other conditions satisfactory to the township.

(7) In the event that the developer proceeds to clear and grade prior to recording plans, without satisfying conditions specified under Subsection D(6), the Board may revoke the approval of the preliminary plan.

§ 122-32 Bridges and culverts.

A. Bridges and culverts shall be designed to meet current Pennsylvania Department of Transportation standards to support expected loads and to carry expected flows. They shall be constructed to the full width of the right-of-way.

B. Where county-owned roads or bridges are involved, the County Department of Roads and Bridges must review and approve all proposals.

C. It is unlawful to construct any dam or other water obstruction, or to make any change in or addition to any existing water obstruction, or in any manner change or diminish the course, current or cross section of any stream of body of water, without either obtaining a Department of Conservation and Natural Resources permit or official waiver of a permit. Final approval of the plan shall be subject to having State Department of Conservation and Natural Resources permits in hand.

[Amended 9-14-1987 by Ord. No. 136]

D. The following information is required: drawings to include location plan; cross section of the present bridge if one exists; profile of the stream for a reasonable distance above and below the bridge site, showing slopes of the bed, normal water surface and floodwater surface. If the bridge is on a skew, give the angle of the center line of the bridge with the direction of the line of flow; in addition, the total drainage area above the bridge site, a description of the watershed, length of the stream from the source to the bridge site and to the mouth, the character of the stream bed and banks, the extent and depth of the overflow during floods, the effect of previous floods upon bridges, their span and clearance and whether the bridge will be within the backwater influence of the parent stream.

E. When submitting a plan involving construction of bridges or culverts, there shall be submitted a complete set of structural computations.

§ 122-33 Survey monuments.

A. Monuments shall be iron or magnetic pins encased in stone or concrete and located on the right-of-way lines as corners, angle points, beginning and end of curves, and as otherwise required. Monuments shall be indicated on all plans. They shall be placed after a new street has been completed. The center line of all new streets shall be marked with spikes and referenced to permanent monuments or structures. A certified copy of this referenced information shall be given to the Township Engineer. Permanent reference monuments of case concrete or durable stone 20 by four by four inches, with forty-five-degree beveled edges shall be set by the subdivider, developer or builder at all corners and angle points of the boundaries of the original tract to be subdivided and at all streets, intersections and intermediate points as may be required. Escrow funds for pinning and/or monumenting of lots may be required at the discretion of the Board of Supervisors.

[Amended 9-14-1987 by Ord. No. 136]

B. Staking requirements. All lots shall be staked by the registered engineer or surveyor for the subdivider, builder or developer when final grading has been completed. This stakeout shall be visible and completed before an owner or occupant moves into the property. All lot corner markers shall be permanently located and shall be at least a five-eighths-inch metal pin with a minimum length of 24 inches located in the ground to existing grade.

§ 122-34 Natural or historic future preservation.

A. Limit of contract. Where the applicant is offering for dedication or is required to establish a reservation of open spaces or to preserve an area of scenic or historic importance, a limit of contract, which will confine excavation, earthmoving procedures and other changes to the landscape, may be required to ensure preservation and to prevent destruction of the character of the area.

B. (Reserved)[1]

[1] Editor's Note: Former Subsection B, Tree preservation, was repealed 7-12-1993 by Ord. No. 196.

C. Topsoil preservation. No topsoil shall be removed from the site or used as spoil. Topsoil should be removed from the areas of construction and stored separately. Upon completion of the construction, the topsoil should be redistributed on the site uniformly. All areas of the site shall be stabilized by seeding or planting on slopes of less than 10% and shall be stabilized by sodding on slopes 10% or more and planted in ground cover on slopes 20% or more, provided that riprap shall be utilized for banks exceeding 25%.

D. Preserved landscaping. When there is a conscientious effort to preserve the existing natural integrity and character of a site and where such preservation includes areas of woodland and trees comparable to required planting improvements, i.e., landscaping and buffer screening, the plan may be accepted in lieu of additional landscaping requirements.

[Amended 9-14-1987 by Ord. No. 136]

§ 122-35 Detention basin regulations.

[Added 9-16-2019 by Ord. No. 405[1]]

The siting and construction of detention basins shall be controlled by the following regulations.

A. Single-family residential districts. In all single-family residential districts, where the lot is used for single-family residential purposes, no part of any detention basin shall occupy more than 25% of the required yard area, measured as to linear dimension or surface area. The detention basins shall be located on the perimeter of the lot, shall be entirely within the lot lines, and shall be located as far from the dwelling as possible. If a property in a single-family residential district is used for other than a single-family residential dwelling, detention basins shall be located in accordance with Subsection C hereof. No detention basin shall be located within 75 feet of any building, whether on the same lot or any adjacent lot.

B. Multifamily residential districts. In all multifamily residential districts where the lot is used for residential purposes, no part of any detention basin shall be located in the required yard area of any individual dwelling unit. No part of any detention basin shall occupy more than 35% of the required yard area, measured as to linear dimension or surface area, of any district yard. No detention basin shall be located within 75 feet of any building, whether such building is on the same lot or any adjacent lot.

C. Nonresidential districts. In all nonresidential districts, no part of any detention basin shall occupy more than 15% of the required yard area, measured as to linear dimension or surface area. No detention basin shall be located within 100 feet of any building, whether such building is on the same lot or any adjacent lot.

[1] Editor's Note: Former § 122-35, Planting requirements, was repealed 7-12-1993 by Ord. No. 196.

§ 122-36 Open space areas and community assets.

[Amended 11-12-1990 by Ord. No. 177; 5-19-2025 by Ord. No. 430]

A. Upon agreement with the applicant or developer, a subdivision and/or land development plan may provide for the public dedication of land and the construction of recreational facilities, the payment of fees in lieu thereof, the private reservation of land, or a combination, for park or recreation purposes as a condition precedent to final plan approval pursuant to the standards set forth in this section for determining the portion of the development to be dedicated and the amount of any fee to be paid in lieu thereof.

B. The Board of Supervisors, in exercising its duties regarding the approval of subdivision and land development plans, shall consider the following criteria in determining whether to approve the proposed location of open space area(s) in a proposed subdivision or land development plan:

(1) Open space area(s) shall be developed to complement and enhance the man-made environment. In the selection of the location of such areas, consideration shall be given to the preservation of natural features which will enhance the attractiveness and value of the remainder of the property to be subdivided or developed. Such features are floodplains, including streams and ponds; slopes equal to or greater than 15%; mature, permanent vegetation; exceptional views; and other community assets as determined by the Board of Supervisors.

(2) Said area(s) shall relate to abutting public open space and/or other land uses and laid out to maximize the usefulness of the combined facilities as a single unified open space facility.

(3) Said area(s) be located and designed so that it does not become a barrier to the handicapped, aged or people with baby strollers.

(4) Said area(s) shall be at a location conveniently accessible to the residents to be served. For a park being dedicated to the Township, the proposed open space area shall be located in the front of the subdivision, with direct access onto the external street to which the subdivision has access. If the land is to be dedicated to a homeowners' association, it may be located in the interior of the subdivision in a location that is convenient to all of the residents of the subdivision or as otherwise approved by the Board of Supervisors.

(5) Said area(s) specifically designated for open space use shall be fully usable and suitable for that purpose.

(6) Said area(s) shall be of such size and shape as to be usable for passive and/or active recreational uses.

(7) Said area(s) shall comprise a single parcel of land except where the Board of Supervisors determines that the creation of two or more parcels would be in the public interest and determine that, where feasible, a connecting path or strip of land between the parcels is in the public interest.

(8) Safe and easy access to said open space area(s) shall be provided either by adjoining public road frontage, public easements, paths, bicycle circulation systems and/or sidewalks.

(9) Accessway(s) to the site shall be sufficiently wide so that maintenance equipment will have reasonably convenient access to said area(s). In all instances, said open space area(s) shall be maintained in a careful and prudent manner.

(10) Said area(s) shall not include the rights-of-way of any residential development interior street and fuel, power and other transmission lines, whether underground or overhead. Exceptions may be granted by the Board of Supervisors.

(11) Said area(s) shall be, to the greatest extent practical, easily accessible to essential utilities, such as water, sewage and power. If water, sewer and power are not available, the developer/applicant shall provide the necessary utilities to the site.

(12) Steep slopes, streams, lakes, watercourses, ponds and floodplains may comprise no more than 40% of the open space land requirement. In all instances, a minimum of 60% of the open space land requirement shall be suitable for dry ground recreational use. Fifty percent of the dry ground recreational use area shall not exceed 2% finished grade. Exceptions may be granted by the Board of Supervisors in cases of exceptional topography, watercourse and tree coverage.

(13) The location, form, overall design and use of said open space area(s) shall be approved by the Board of Supervisors of Franconia Township. The Board of Supervisors shall request the review and recommendation of the Township Planning Commission before rendering a final decision on the appropriateness of said open space area(s).

(14) Land being offered for dedication shall be provided with off-street parking to serve the proposed facilities.

C. Subdivision and/or land developments with proposed open space areas shall be reviewed by the Township Park and Recreation Board prior to final review by the Township Planning Commission. The developer shall attend the meeting of the Park and Recreation Board when the subdivision and/or land development is reviewed. The Park and Recreation Board may make recommendations to the Planning Commission prior to the Planning Commission's final review.

D. The Board of Supervisors shall evaluate any proposed open space area to determine if such area conforms with the Township Open Space Plan and Comprehensive Plan and will be available for use by the public at large. The Board of Supervisors shall have the sole discretion to make such determinations and to accept dedication of such area, in whole or in part, or to refuse dedication. The Board of Supervisors shall retain the option to require and obtain a use easement for any area not accepted for dedication. The Board shall require the formation of a homeowners' association to maintain the open space area not accepted by dedication as a condition of final approval of the subdivision and/or land development. Open space areas required by the OSR Open Space Residential District Regulations of the Zoning Ordinance (Article XXVII of Chapter 145) shall also comply with the standards and ownership, maintenance and operation requirements of §§ 145-184 and 145-185. Open space areas required by the mixed residential development regulations of the Zoning Ordinance (Article XXVII of Chapter 145) shall comply with the requirements of § 145-62.

E. Alternatives to dedication of land.

(1) Fee in lieu of dedication.

(a) Where the Board of Supervisors determines that, because of the size, shape, location, access, topography or other physical features of the land or any other need of the Township, it is impractical to dedicate land to the Township as required by the chapter, the Supervisors may permit dedication of the land to a homeowners' association or choose to accept a fee in lieu of dedication if offered by the applicant based on the fair market value of the land in lieu of which fee is paid as agreed upon by both the Board of Supervisors and the applicant/developer.

(b) Any fee in lieu of dedication which is collected by the Township shall be used only for the purpose of acquiring open space land and providing open space facilities within Franconia Township.

(c) A fee authorized under this subsection shall, upon its receipt by the Township, be deposited in an interest-bearing account and designated as the Franconia Township Open Space Fund. Interest earned on the account shall become funds of that account. Funds from the account may only be expended on specific open space facilities approved by the Board of Supervisors.

(d) Upon request of any person who paid fees under this subsection, the Township shall refund such fee, plus interest accumulated thereon from the date of the payment, if the Township has failed to utilize the fee paid for the open space purposes within five years from the date such fee was paid unless return of fee has been waived by written agreement between the applicant/developer and the Township.

(2) Improvements to open space facilities.

(a) With the approval of the Board of Supervisors, the applicant/developer may perform improvements to open space facilities as identified by the Board of Supervisors.

(b) A plan shall be incorporated within the subdivision and land development plan set of the proposed improvements to the open space facilities all required outside agency permits obtained.

(c) Improvements to open space facilities shall be constructed in accordance with the Township standards under the direction and inspection of the Township Engineer or his assigned designee.

(3) Recordation of a Conservation Easement over Natural Resources or Deed-Restriction from further subdivision

(a) Upon approval of the Board of Supervisors in its exclusive discretion, applicant or developer may meet the open space requirement of this section by preserving land of equal or greater size to the amount of open space otherwise required by this section by way of recording of a conservation easement or deed-restriction in a form satisfactory to the Township Solicitor preventing the property from future subdivision, improvement, or development.