A. 
Minimum requirements. The design standards and improvements required in this article are the minimum requirements for approval of a subdivision or land development. Additional or higher type improvements may be required in specific cases where the Supervisors determine such improvements are clearly necessary to protect the public health and safety.
B. 
Modifications and exceptions. See § 375-7.
This article sets forth the design and construction standards for required improvements, regardless of whether or not the improvement will be dedicated to the Township.
A. 
Land shall be suitable for the purpose for which it is to be subdivided or developed.
B. 
Hazardous conditions. Subdivisions or land developments subject to hazardous conditions (such as open quarries, hazardous or toxic site pollution, limestone solution channels, sinkholes, unconsolidated fill, floods, excessive erosion or unsafe water supply) shall not be approved until the developer has provided or has legally committed to provide adequate measures to overcome or eliminate the hazards. Floodplain requirements are set forth in Chapter 242, Floodplain Management, of this Code. However, the Township accepts no responsibility to identify hazards or to guarantee their resolution. See § 375-15, Liability, in Article I.
C. 
Zoning. All aspects of a proposed subdivision or land development shall conform to Chapter 440, Zoning, of this Code and all other Township ordinances and specifications.
D. 
Nearby development. A subdivision or land development and its street pattern shall be coordinated with existing or approved nearby developments or neighborhoods to help develop the area harmoniously and to help prevent conflicts between neighboring developments.
E. 
Safety. No subdivision or land development shall occur in such a way that would significantly threaten the public health and safety, including but not limited to hazards of toxic substances, traffic hazards, explosive hazards and fire hazards.
A. 
Maximum length. Residential blocks shall not exceed 2,000 feet in length in subdivisions using an average lot size of one acre or larger and shall not exceed 1,500 feet in length in subdivisions having an average lot size less than one acre, unless permitted by the Supervisors.
(1) 
Future street. Blocks may be considered to be separated by the reservation as part of an approved subdivision plan of a 50 feet minimum right-of-way reserved for a future cross-street, such as a street that is intended to serve future interior lots. Such future street is not required to be constructed until such time as the lots fronting on it are subdivided. Ownership of such right-of-way shall be retained by the developer until the street is completed.
B. 
Minimum length. Residential blocks shall have a minimum length of 500 feet, unless otherwise approved by the Supervisors.
C. 
Blocks shall be of sufficient width to permit two tiers of lots, except where access is limited by virtue of an adjoining arterial street or by virtue of topographic limitations, unless permitted by the Supervisors.
A. 
Zoning. All lots shall conform to all requirements of Chapter 440, Zoning, of this Code, as are in effect at the time such subdivision and/or land development plan is duly submitted.
B. 
Lot frontage and access.
(1) 
All lots shall front on and have direct driveway access to an existing or proposed public street or private street meeting the requirements of § 375-57.
(2) 
Reverse frontage lots are encouraged for land adjoining arterial or collector roads to restrict access to said roads or to overcome specific disadvantages of topography or orientation. All residential reverse frontage lots shall contain a planting screen, fence, earth mounding, or similar screening device and barrier to vehicular access within the rear yard.
(3) 
Where access to land within a subdivision or land development will be solely by proposed roads within an adjoining municipality, the Supervisors may require assurance from the adjoining municipality that adequate provisions have been made to insure construction of the proposed access roads.
(4) 
For lots proposed to abut a railroad right-of-way and when deemed necessary by the Supervisors, a planting screen to provide a sight and noise buffer shall be placed within those lots in the yards abutting the railroad right-of-way. The screen shall be adequate for the intended purpose, and a plan for the screen shall be approved by the Supervisors.
(5) 
When the rear wall of apartment buildings, townhouses, or industrial or commercial buildings will face a public street, the Supervisors may require a planting screen, fence, earth mounding or similar screening device between the buildings and the public street.
C. 
Lot shape.
(1) 
The average depth-to-width ratio of a lot shall not be greater than three to one.
(2) 
Side lot lines shall abut and be at right angles to straight streets and on radial lines to curved streets. Pointed or very irregularly shaped lots shall be avoided.
D. 
Miscellaneous design considerations.
(1) 
A lot, other than dedicated open space, that would not be suitable for uses permitted in that zoning district shall not be created as part of a subdivision, but instead shall be incorporated into another lot.
(2) 
When only a portion of a tract is designed at a time, and there exists the potential for development of the remainder of the tract, lots shall be designed such that they do not restrict access to the remainder of the tract, unduly restrict the potential development of the remainder of the tract, nor would result in the creation of awkward or difficult-to-develop parcels in the remainder of the tract.
(3) 
Where an ultimate right-of-way line has been provided, all setbacks shall be measured from such ultimate right-of-way line.
(4) 
For those instances where buildings will be constructed below street grade, the developer shall indicate recommended measures to be taken to assure proper drainage away from the buildings.
(5) 
Swales shall be provided within the drainage easements along side property lines to convey stormwater to the nearest stormwater facilities without crossing onto a neighboring lot.
[Amended 7-11-2022 by Ord. No. 2022-412-1-2025 by Ord. No. 2025-4]
A. 
General.
(1) 
All proposed subdivisions and land developments shall have adequate and safe access to the public street system.
(2) 
Streets shall be logically related to topography so as to produce reasonable grades, satisfactory drainage and suitable building sites.
(3) 
Residential streets shall be laid out so as to provide for continuation of existing or platted streets and for proper access to adjoining undeveloped tracts suitable for future subdivision.
(4) 
If lots resulting from original subdivision are large enough to permit resubdivision, or if a portion of the tract is not subdivided, adequate street rights-of-way to permit further subdivision shall be provided.
(5) 
All stub streets of abutting subdivisions shall be incorporated into the street system of the plan by extension or connection with proposed streets by means of a common center line. No lots shall front on stub streets. Stub streets greater in length than one lot depth shall be provided with a temporary turnaround to the standards required for culs-de-sac or shall be paved to the full width of the right-of-way for the last 75 feet of their length.
(6) 
Streets that are extensions of or obviously in alignment with existing streets shall bear the names of the existing streets. Street names shall not be repeated within the Township, and all street names shall be subject to the approval of the Supervisors.
(7) 
Widening. Where a subdivision or land development abuts or contains an existing street of inadequate cartway or right-of-way width, additional right-of-way and/or cartway width shall be required conforming with § 375-57E, Street standards.
(8) 
Additional rights-of-way and cartway widths may be required by the Supervisors, because of unusual densities, unusual dwelling arrangements, increased usage of existing roadways or topographical conditions. Separate left turn or right turn stacking lanes may be required at intersections. A special study, which if mandated by the Supervisors shall be paid for by the developer, may be necessary to determine whether or not the requirements of these standards are applicable.
B. 
Intersections.
(1) 
The center lines of intersecting streets shall intersect at right angles.
(2) 
A seventy-five-foot leveling area shall be provided at all intersections, measured from the intersecting center lines, with a maximum grade of 4% through the leveling area.
(3) 
Alignment of street intersections.
(a) 
Where a proposed street or nonresidential driveway intersects an existing cross street, such proposed street or driveway shall be aligned with any street intersecting on the other side of the cross street, unless the Supervisors or PennDOT determine that such alignment is not reasonable or feasible.
(b) 
A minimum tangent of 75 feet, measured from point of intersecting center lines, is required between a curve and an intersection for all approach roadways.
(c) 
If a proposed street cannot intersect at the same location as a street on the other side of the cross street, then the proposed street shall be offset by the following minimum distances from the nearest intersection of streets:
[1] 
One hundred fifty feet along a local street;
[2] 
Four hundred feet along a collector street; and
[3] 
One thousand feet along an arterial street.
[4] 
Measurement. The minimum distances of this subsection shall be measured between the points where the center lines of the rights-of-way of the intersecting streets intersect with the center line of the cross street. (See the following figures.)
Street Intersection
Unacceptable Design
Street Intersection
Acceptable Design
(d) 
Collector and local streets shall not intersect on the same side of an arterial street at an interval less than 800 feet.
(4) 
At street intersections, lot lines shall be rounded by arcs with the radii listed below. The Supervisors may require a larger radius than stated below, if recommended by the Township Engineer.
Type of Street
Minimum Radius of Arc at Intersection of Cartway Edge or Curbline
(in feet)
Minimum Radius of Arc at Intersection of Right-of-Way
(in feet)
Arterial
40
30
Collector
35
25
Local
35
25
C. 
Arterial and collector street frontage. Where a subdivision or land development abuts or contains an existing or proposed arterial or collector street, the Supervisors shall require one or more of the following methods of layout and site design if it determines one or more of these methods will be reasonable, feasible and necessary to avoid increased traffic congestion and improve traffic safety. The Supervisor's decision to use one or more of the following methods will be based on the recommendations of the Planning Commission, the Township Engineer/consultant, any comments from PennDOT and any professional traffic studies that have been submitted. The aforesaid methods are as follows:
(1) 
The use of a marginal access or frontage street or access only onto side or interior streets, to collect traffic from numerous driveways and direct it to a select few number of entrances to the arterial or collector street; and/or
(2) 
The restriction of ingress and egress involving left-hand turns onto or off of the arterial or collector street; and/or
(3) 
The prohibition of driveways from individual dwellings entering directly onto an arterial or collector street.
D. 
Street access.
(1) 
Where a subdivision abuts or contains an existing or proposed major arterial or minor arterial street, the Supervisors may require marginal-access streets or reverse frontage lots or such other treatment as will provide protection for abutting properties, reduction in the number of intersections with the major street, and separation of local and through-traffic.
(2) 
Access to parking areas on commercial and industrial sites shall be controlled and shall be so located as to provide a minimum of 80 feet between points of access.
(3) 
Private driveways, where provided, shall be located not less than that shown below from the intersecting corner of corner lots and shall provide access to the street of lower classification when a corner lot is bounded by streets of two different classifications as defined herein.
(a) 
Local streets: 30 feet.
(b) 
All other streets: 50 feet.
(4) 
No private driveway shall take access to a major arterial street. Driveways shall be so located and designed as to provide required sight distance as listed in § 375-57G.
(5) 
For setback distance for driveways from side property lines, see Chapter 440 of this Code (Zoning).
E. 
Street standards. For street classification map and tabulation of street names see Chapter 440, Zoning, of this Code.[1]
(1) 
Typical roadway cross sections:
Local Streets
Adjacent Residential Lot Size
ROW
(feet)
Cartway
(feet)
Curbing
Sidewalk
Larger than 1/2 acre
50
30
None
None
1/2 acre or less
50
36
Yes
Both sides
Collector Streets
ROW
(feet)
Cartway
(feet)
Curbing
Sidewalk
Minor: 5,000 ADT or less
60
36
Yes
Both sides
Major: greater than 5,000 ADT
70
40
Yes
Both sides
Arterial Streets
ROW
(feet)
Cartway
Curbing
Sidewalk
Minor
80
*
*
*
Major
100
*
*
*
NOTES:
*
Arterial streets shall be designed in accordance with PennDOT Design Manual 2 and Publication 70, "Guidelines for the Design of Local Roads and Streets," latest edition and amendments thereto.
(2) 
Vertical curves shall be used at changes of grade exceeding 1%.
(a) 
The minimum vertical curve design shall be:
Street Classification
Stopping Sight Distance
(feet)
Design Speed
(mph)
Local streets
200
30
Collector streets
375
45
(b) 
Speed limit signs shall be installed along proposed roadways.
(3) 
Horizontal curves shall connect street lines that are deflected in excess of 2°.
(a) 
The minimum horizontal curve design shall be:
Street Classification
Minimum Curve Radius
(feet)
Design Speed
(mph)
Local streets
200
30
Collector streets
400
45
(b) 
Speed limit signs shall be installed along proposed roadways.
(c) 
The minimum tangent distance between reverse curves shall be 200 feet for arterial and 100 feet for collector and local roads, measured along the road center line.
(4) 
Street grades.
(a) 
Center-line grades shall not be less than 1%.
(b) 
The maximum road grades shall be as follows:
[1] 
Local streets: 10%.
[2] 
Collector streets: 8%.
[3] 
Arterial streets: 6%.
[4] 
Cul-de-sac circle area: 3%.
[1]
Editor's Note: Said map is an attachment to Ch. 440, Zoning, of this Code.
F. 
Clear sight triangle.
(1) 
At any intersection of a street with another street(s) or a driveway, clear sight triangle shall be provided. Such triangle shall be graded, cleared and kept clear of sight obstructions (other than official street sign posts) for a height between two feet and 10 feet above the ground level.
(2) 
Such clear sight triangle shall be protected by a permanent deed restriction, covenant stated on the record plan, municipal easement or other legally binding method acceptable to the Township.
(3) 
The minimum clear sight triangle shall be as follows:
(a) 
The two shorter legs of the triangle shall be measured from the intersecting point of the street receiving the traffic and the entering street, accessway or driveway. The two shorter legs shall then be connected by a third leg to form the triangle.
(b) 
The clear sight triangle shall be established by a distance along the center line of the receiving street (established below) and a distance (measured along the center line of the entering street, accessway or driveway) 50 feet back from the existing legal right-of-way line of the receiving street. The following distances shall be used along the center line of the receiving street in each direction from the intersection to establish the clear sight triangle:
[1] 
One hundred fifty feet for any arterial or collector street.
[2] 
One hundred feet for any local street.
(c) 
For an individual driveway serving only one or two dwelling units, the point of measurement shall be 10 feet rather than the 50 feet required in Subsection F(3)(b), above.
(4) 
A clear sight triangle shall be applied for each direction of approach to an intersection.
G. 
Sight distance. Safe stopping sight distance (SSSD) for roads and driveways intersecting with existing Township roads.
(1) 
The minimum acceptable sight distance values shall be computed from the following formula:
SSSD
=
1.47 Vt
+
V2
30(f+g)
SSSD
=
Minimum safe stopping sight distance (feet).
V
=
Velocity of vehicle (miles per hour).
t
=
Perception time of motorist (average = 2.5 seconds).
f
=
Wet friction of pavement (average = 0.30).
g
=
Percent grade of roadway divided by 100.
(2) 
The Formula Sight Distance Table in Appendix C was produced from the above formula. See also Formula Sight Distance Measurements, also located in Appendix C.[2]
[2]
Editor's Note: Said appendix is included as an attachment to this chapter.
(3) 
If sight distance requirements cannot be met as specified in this chapter, the Township may:
(a) 
Prohibit left turns by an exiting vehicle;
(b) 
Restrict turning movements to right turns in and out;
(c) 
Require installation of a right turn acceleration lane or deceleration lane;
(d) 
Require installation of a separate left turn standby lane;
(e) 
Alter the horizontal or vertical geometry of the roadway; or
(f) 
Deny access to the roadway.
(4) 
Shoulder upgrading shall be provided where the existing shoulder on either side of the proposed roadway is not adequate to allow its use by turning vehicles.
H. 
Cul-de-sac streets.
(1) 
Cul-de-sac streets shall not be permitted unless the applicant or developer establishes to the satisfaction of the Supervisors that no other street arrangement is feasible because of the topography or other physical conditions of the land being subdivided or developed.
(2) 
Cul-de-sac streets shall have a minimum length of 250 feet and a maximum length of 1,000 feet.
(3) 
Culs-de-sac shall terminate with a turnaround circle having a radius of not less than 50 feet at the right-of-way line and 40 feet at the edge of pavement.
(4) 
A temporary cul-de-sac shall terminate with the cartway paving widened to 50 feet for the last 75 feet.
(5) 
The maximum cross slope of the cul-de-sac shall not be more than 3%.
(6) 
A snow storage easement shall be established at the end of the cul-de-sac and shall provide for proper drainage as the snow melts. The dimensions of the easement shall be determined by the Supervisors.
(7) 
There shall be no more than 24 dwelling units fronting on a cul-de-sac street.
I. 
Private streets.
(1) 
Privately owned and private residential streets shall be approved only if they are designed and constructed to meet public street standards as provided in this chapter.
(2) 
Private streets shall be indicated as such on the record plan and shall be subject to contract and guaranty requirements outlined in Article VIII, Improvements Guarantees. The contract shall indicate the corporation, association, condominium, individual or other legal entity responsible for the maintenance of the private streets.
J. 
Street design and construction.
(1) 
Streets shall be graded and constructed to the grades and dimensions shown on the approved plans, profiles and cross sections, as submitted by the developer. Plans shall be developed in accordance with the Typical Street Cross Sections, Curb Details and Drainage Details in Appendix C.[3]
(a) 
The finished street surface shall be crowned in conformance with the typical street cross sections.
(b) 
A proper super-elevation (banked curves) shall be provided on arterial and collector streets when required by the Township Engineer/consultant.
[3]
Editor's Note: Said appendix is included as an attachment to this chapter.
(2) 
Grading.
(a) 
The entire right-of-way shall be graded to the approved cross section. All trees, stumps and other material deemed unsuitable by the Township Engineer/consultant shall be removed. The excavated area shall be graded and suitably compacted to the satisfaction of the Township Engineer.
(b) 
The developer may be required to grade beyond the right-of-way line in order to provide continuous slope from the right-of-way line to the proposed elevation of the abutting property. Such grading beyond the right-of-way shall generally maintain the original directions of slope except where stormwater runoff designs dictate changes.
(c) 
The portion of the approved plan, either preliminary or final, showing proposed grading, shall constitute a covenant running with the land, unless waived by the Supervisors.
(d) 
In areas of earth excavation or earth fill, such grading shall be done to a slope not steeper than four horizontal to one vertical. In areas of rock excavation, such grading shall be done to a slope not steeper than two horizontal to one vertical, except as provided in Chapter 440 of this Code (Zoning).
(e) 
In no case shall the required street grading extend onto an adjoining property or lot with a different landowner than the developer, unless the other adjoining property owner gives a written agreement to the developer to accomplish such work.
(f) 
The extent of all grading beyond the right-of-way line shall be shown on the plan and shall be covered by a grading easement which shall run with the land.
(3) 
Trench excavation. All trenches excavated within the cartway of an existing or proposed public street or right-of-way shall be compacted with backfill material in accordance with Chapter 370, Article I, Openings and Obstructions, of this Code.
(4) 
Subgrade. All roadways shall be built upon a properly rolled and crowned subgrade. Unstable subgrade shall be stabilized to the satisfaction of the Township Engineer/consultant before the base course is placed. Areas deemed unsuitable may require undercutting and replacement with suitable material. Subgrade drains or the use of geotextiles at the subgrade elevation may be required to insure stable foundation for the roadway.
(5) 
General. All work and materials involved in the construction of these streets shall be in accordance with applicable sections of the Pennsylvania Department of Transportation Form 408 - Specifications, as last revised.
K. 
Required traffic improvements.
(1) 
Purpose. In recognition of the provisions of the state traffic impact fee amendments to the PA Municipalities Planning Code,[4] this section is primarily intended to ensure that streets bordering a subdivision or land development are coordinated and of such widths and grades and in such locations as deemed necessary to accommodate anticipated traffic, to facilitate fire protection and to ensure that the access into and out of subdivisions and land developments is sufficiently safe.
[4]
Editor's Note: See 53 P.S. § 10101 et seq.
(2) 
Process. This subsection shall be carried out through determinations of the Supervisors, after considering any recommendations of the Planning Commission, the Township Engineer/consultant, the applicant, the applicant's professional representatives, any comments from PennDOT that may be provided regarding a state road and any professional traffic studies that may have been submitted. See Appendix E, Traffic Impact.[5]
[5]
Editor's Note: Said appendix is included as an attachment to this chapter.
(3) 
Off-site/abutting traffic improvements. If, in the determination of the Supervisors, there is a relationship between the need for an on-site improvement of a street and the traffic created by a proposed subdivision or land development, then the applicant for such subdivision or land development shall be required to complete the needed improvement or fund his/her fair share of the cost of such traffic improvement and to dedicate sufficient street right-of-way for needed improvements.
(a) 
Widening of abutting roads. An applicant for any land development or major subdivision shall be required to pave any existing unpaved street and widen the cartway and any shoulders of abutting streets to Township standards.
(b) 
On-site improvements may include, but are not limited to, a new or upgraded traffic signal, land dedication to improve an abutting intersection, realignment of an abutting curve in a road or the widening of the abutting cartway and right-of-way.
(4) 
Funding. In place of completing a required street improvement as a condition of final approval, an applicant may enter into a legally binding improvements agreement with the Township for the applicant to fund the improvement, or his/her fair share of such improvement, as determined by the Supervisors.
(5) 
Accounting. Any such funds may be placed in escrow until such time as sufficient funds are available for a more comprehensive improvement, with interest being used towards the cost of the improvement. Any such funds received under this subsection shall be accounted for separately.
(6) 
Staging. Any completion or funding of a required road improvement may occur in stages in relationship to the stages of the development, if so stated in a legally binding development agreement and/or as a condition of final plan approval.
A. 
Curbs shall be plain cement concrete curb in accordance with Section 630, Pennsylvania Department of Transportation Specifications, Form 408, latest edition and latest amendments thereto. After completion of adjacent bituminous paving, a seal of Class BM-1 asphalt shall be applied to the joint between the curb and the paving for a width of one foot from the curb face. For dimensions not included in Appendix C,[1] refer to Drawing RC-64 of the Pennsylvania Department of Transportation Standards for Roadway Construction, latest edition and amendments thereto.
[1]
Editor's Note: Said appendix is included as an attachment to this chapter.
B. 
All curbing shall be built in accordance with current ADA requirements.
A. 
Sidewalks shall be cement concrete sidewalks in accordance with Section 676, Pennsylvania Department of Transportation Specifications, Form 408, latest edition and latest amendments thereto, except that the dimensions shall be as shown in Appendix C, the Typical Street Cross Sections.[1] Concrete thickness is five inches and crushed aggregate base course thickness is five inches (for driveway aprons, concrete shall be six inches thick).
[1]
Editor's Note: Said appendix is included as an attachment to this chapter.
B. 
Widths of sidewalks adjacent to angle or perpendicular parking areas shall be increased to compensate for area of restricted pedestrian use due to car overhang. Additional width required shall be determined by the Township Engineer.
C. 
All sidewalks shall be built in accordance with current ADA requirements.
D. 
Maintenance. It shall be the responsibility of abutting landowners to maintain, plow snow and remove ice from and repair sidewalks. Sidewalks must be repaired when they become a hazard to pedestrians.
A. 
Pavement base drain shall be included in all new street construction requiring concrete curb and in areas of new street construction not requiring curbing where a wet subgrade condition can be anticipated. The Township Engineer shall determine to which area this wet subgrade criteria shall apply.
B. 
Pavement base drain shall be designed as shown in Appendix C.[1]
[1]
Editor's Note: Said appendix is included as an attachment to this chapter.
C. 
Construction and materials in pavement base drain shall be in accordance with Pennsylvania Department of Transportation Specifications, Form 408, Section 610 -Pipe Underdrain and Pavement Base Drain.
[Amended 7-3-2023 by Ord. No. 2023-1]
A. 
Purpose. The purpose of this § 375-61 is to provide for the convenient safe circulation of bicycles and pedestrians in accordance with MPC Section 503(3), 53 P.S. § 10503(3).
B. 
Pathways or bikeways required.
(1) 
Pathways or bikeways shall be provided along all road segments within new subdivisions or land developments where a sidewalk is not required by this Chapter 375, Subdivision and Land Development, Chapter 440, Zoning, or any other ordinance or regulation of the Township pertaining to land development. For purposes of this § 375-61, the meaning of the terms "pathway" and "bikeway" are as defined in § 375-23 of the North Whitehall Township Subdivision and Land Development Ordinance, as codified at Part II, Chapter 375, Article II, § 375-23, of the North Whitehall Township Code of Ordinances, titled "Definitions." As used herein, the terms "pathway" and "bikeway" are intended to be interchangeable.
(2) 
Pathways or bikeways may be required, in addition to a sidewalk required by Chapter 375, Subdivision and Land Development, Chapter 440, Zoning, or any other ordinance or regulation of the Township pertaining to land development, if the Board of Supervisors determines a pathway or bikeway is necessary to connect to a public school or public park.
(3) 
The Board of Supervisors may waive the requirement of Subsection B(1) if it is determined that a pathway or bikeway would not serve a valid public purpose.
(4) 
Pathways and bikeways shall conform to ADA regulations, current edition.
C. 
Construction.
(1) 
Pathways and bikeways shall be a minimum of five feet in width, provided that the Board of Supervisors may require a minimum of eight feet in width if significant bicycle traffic is expected on the pathway or bikeway. Width of pathways and bikeways, and signage relating to pathways and bikeways, shall conform to PennDOT Design Manual 2, Chapter 16, latest edition and/or amendment.
(2) 
Pathways or bikeways shall be constructed of one of the following, at a minimum:
(a) 
Four inches of portland cement concrete on four inches of compacted crushed aggregate base course; or
(b) 
Two-and-one-half inches of bituminous concrete (one inch wearing course on one-and-one-half inches of binder) on six inches of compacted crushed aggregate base course.
(3) 
If the Board of Supervisors determines that a pathway or bikeway constructed pursuant to this § 375-61 is not anticipated to receive significant bicycle traffic, then such pathway or bikeway may be constructed of only compacted crushed aggregate base course.
(4) 
Pathways and bikeways intended to be utilized as nature trails may be constructed of bark, mulch, or other material if approved by the Board of Supervisors and such material is ADA accessible, unless accessibility is not feasible because of natural slopes.
(5) 
Pathways and bikeways may be located within the street right-of-way, or may be placed elsewhere within the subdivision or land development within an easement or right-of-way.
(6) 
Pathways and bikeways located away from streets shall be adequately lighted.
(7) 
Superelevation for horizontal curves in pathways and bikeways shall be at the discretion of the Township Engineer/consultant.
Street names are subject to the approval of the Supervisors and shall:
A. 
Continue the name of any street with the same or similar alignment; and
B. 
Not duplicate or be closely similar to the name of another street within the Township, the same fire company or ambulance service district or the same five-digit zip code area.
The developer shall reimburse the Township for the costs of supplying and installing needed traffic regulatory signs and street name identification signs on public streets. The developer shall be responsible to provide and install Township-approved signs on private streets. All traffic regulatory signs shall meet current standards of PennDOT.
A. 
Where deemed appropriate by the Supervisors, street, intersection and site lighting shall be provided. Such lighting shall meet lamp and wiring standards established by the applicable public utility. Pole types shall be acceptable to the Township. The developer shall be responsible for making necessary arrangements with the Township and the public utility company involved for lights as approved by the Supervisors and shall further be responsible for providing utility easements for lighting standards and fixtures.
B. 
Private lighting. On all private streets, parking areas and other areas requiring lighting, the developer shall provide materials, installation, energy and maintenance for all lighting systems necessary for security and public safety. A system acceptable to the Supervisors shall be established for the maintenance of such lights.
[Amended 12-1-2025 by Ord. No. 2025-4]
A. 
Street trees. New trees shall not be planted within: a) the right-of-way of a public street or b) 15 feet of the cartway of a public street.
B. 
Buffer yard. See the requirements for buffer yards in Chapter 440, Zoning, of this Code.
C. 
Preservation of existing trees.
(1) 
Purpose. To protect wildlife and bird habitats, encourage groundwater recharge, reduce air pollution, avoid pollution of creeks by high temperature runoff, maintain the attractive character of residential areas and conserve energy.
(2) 
See requirements for preservation of trees and forests contained in Chapter 440 of this Code (Zoning).
D. 
Natural and historic feature preservation.
(1) 
Substantial and sensitive natural features and historic structures and important archaeological sites worthy of protection, as determined by the Supervisors, and/or by any outside agency responsible for such determinations, shall be respected, incorporated into the design of and reasonably protected in any subdivision or land development.
A. 
Placement. Monuments and lot pins shall be placed so that the center of a scored or marked point shall coincide exactly with the intersection of the lines to be marked.
B. 
Monuments.
(1) 
Monuments shall consist of either a stone or concrete monument with a flat top at least four inches in diameter or four inches square, containing a copper or brass dowel 1/4 inches drill hole) and at least 24 inches in length with the bottom width being at least two inches greater than the top so as to minimize movements caused by frost.
(2) 
Placement:
(a) 
Monuments shall be placed flush with the ground.
(b) 
Monuments shall be placed upon completion of final grading of the subdivision.
(c) 
Monuments shall be set as follows:
[1] 
Monumentation for 30% of the angles of the perimeter of the entire subdivision or land development placed in groups of two, or a minimum of two monuments at adjacent angles, whichever is more in number.
[2] 
One at the beginning and end of all new curves along street right-of-way lines along one side of the street.
[3] 
A minimum of one at each new street intersection along the street right-of-way line.
C. 
Lot pins.
(1) 
Lot pins shall consist of either:
(a) 
Solid steel rods not less than 3/4 inches in diameter or less than 24 inches in length; or
(b) 
Steel pipes not less than 3/4 inches in diameter or less than 24 inches in length.
(2) 
Placement.
(a) 
Lot pins normally shall be set flush with the surrounding finished grade. A guard stake shall be placed immediately adjacent for ease of locating the pin. Pins should also be flagged or painted.
(b) 
Lot pins shall be set as follows:
[1] 
At all points where lot lines intersect street right-of-way lines, except for monument locations.
[2] 
At all other lot corners.
[3] 
At all points where lot lines intersect curves.
[4] 
At all angles in property lines of lots.
D. 
Any monuments or lot pins that are removed shall be replaced by a licensed land surveyor at the expense of the person removing it.
E. 
Bench mark.
(1) 
A bench mark shall be provided for all major subdivisions.
(2) 
The bench mark shall be similar in material and size to that of the monument [§ 375-68B(1) above] except that a round brass disk shall be permanently attached to the top. The disk shall show the exact elevation above sea level accurate to the hundredth of a foot. Elevation reference shall be from the U.S. Geological Survey datum (U.S. Coast and Geodetic Survey) or other applicable utility datum.
A. 
See Chapter 440, Zoning.
B. 
Changes to approved erosion and sedimentation control plan. If changes to the approved erosion and sedimentation plan are anticipated or required, the developer shall submit a revised erosion and sedimentation plan to the Lehigh County Conservation District for review and approval and a courtesy copy to the Township. None of the revised work shall commence until approvals from the Township and the Lehigh County Conservation District are obtained.
C. 
Subdivision improvements agreement. All items and work associated with erosion and sedimentation control shall be included in the subdivision improvements agreement. (See Article VIII.)
D. 
Contour grading plan. A contour grading plan is required for all major subdivisions. The plan shall be at a scale of one inch equals 50 feet or larger. Contour interval shall be sufficient to determine compliance with Township ordinances and requirements. In general, an interval of two feet for slopes of less than 15% and five feet for slopes of 15% or greater is required. Areas having slopes of 15% to 25% and greater than 25% shall be identified by shading respective areas on the plan. Existing contours shall be shown as dashed or hidden lines and proposed contours shall be shown as bold lines.
[Amended 12-1-2025 by Ord. No. 2025-4]
A. 
Placement.
(1) 
All apartment developments shall include conveniently located refuse collection facilities for the residents.
(2) 
Commercial enterprises that sell ready-to-eat food for consumption outside of a building shall provide and maintain adequate outdoor solid waste receptacles at convenient locations on the property for customer use.
(3) 
All uses within nonresidential land developments and subdivisions shall include appropriate refuse collection facilities.
B. 
Screening.
(1) 
All bulk refuse collection dumpsters shall be screened in accordance with Chapter 440 of this Code (Zoning).
C. 
Setback from dwellings. See Chapter 440 of this Code (Zoning).
[Amended 7-3-2023 by Ord. No. 2023-1; 12-1-2025 by Ord. No. 2025-4]
A. 
Purpose. To provide adequate and suitable recreational land and facilities to serve the inhabitants of new developments and provide both active and passive recreation use. To recognize that in limited situations, inhabitants of nonresidential developments also generate demand for, and impacts to, public recreation areas and facilities. To recognize and carry out the North Whitehall Township Comprehensive Parks, Recreation, and Open Space Plan, and to recognize that the suitability of different types of land varies greatly for recreation purposes and to preclude the dedication of land which is not deemed suitable for recreation use.
B. 
Applicability. This section shall apply to all subdivision or land development plans submitted on or after the effective date hereof.
C. 
Dedication of land.
(1) 
Contributions in lieu of dedication. All applicants or developers of subdivisions or land developments shall be required to dedicate the specified amount of suitable recreation land calculated under this § 375-72, unless the Township Board of Supervisors and the applicant or developer agree to the construction of recreational facilities, payment of fees-in-lieu of dedication of land, the private reservation of land, or a combination of any of the foregoing, for park or recreation purposes as a condition of final plan approval. The Township Planning Commission, Township staff, and Township Engineer shall be provided an opportunity to comment and make recommendations whether recreation land, fees-in-lieu thereof, or some other form of contribution is appropriate and whether land which is offered for dedication meets the suitability requirements of this section. The Township Recreation Board may also be provided an opportunity to comment and make recommendations whether recreation land, fees-in-lieu thereof, or some other form of contribution is appropriate and whether land which is offered for dedication meets the suitability requirements of this section.
(2) 
Time for dedication or payment of fee; calculation of fee amount. If the applicant or developer elects to dedicate suitable land or, upon mutual agreement with the Board of Supervisors, to pay a fee in lieu of dedication, then such dedication or payment shall be deemed a condition of plan approval and shall, unless otherwise agreed in writing by the Board of Supervisors, be paid prior to plan recording. The applicant or developer shall be responsible for calculating the amount of the fee owed in first instance, and the Township Engineer shall subsequently confirm that the calculation is correct.
D. 
Suitability of land proposed for dedication.
(1) 
Suitability factors. Where an applicant or developer elects to fulfill the requirements of this section through an offer of dedication of land to the Township, the applicant or developer shall demonstrate to the satisfaction of the Township Board of Supervisors that the land will support a legitimate park and recreation use considering, where relevant, the following factors:
(a) 
Consistency with the North Whitehall Township Parks, Recreation, and Open Space Plan;
(b) 
Availability for use by the public;
(c) 
Accessibility to the development;
(d) 
Location entirely within North Whitehall Township limits;
(e) 
Means for public ingress and egress;
(f) 
Accessibility to essential utilities and services;
(g) 
Ability to accommodate adequate vehicle parking facilities;
(h) 
Suitability of land characteristics for the intended use including, but not limited to, configuration, natural features, cultural features, and man-made features;
(i) 
Compatibility with the surrounding neighborhood;
(j) 
Proximity to other community facilities;
(k) 
Whether the land contains less than 6% slope;
(l) 
Whether the land contains "wetlands" as defined under federal and/or state law or regulations;
(m) 
Whether the land is part of a contiguous tract of at least two acres, which may include adjacent existing or approved public recreation land;
(n) 
Whether the land is within a "100-year floodplain" as defined by official federal floodplain maps; and
(o) 
Whether and to what degree the lands are burdened by underground or aboveground utility or other easements; and
(p) 
Such other factors that the Township may deem relevant.
(2) 
State of land at time of dedication. The applicant or developer shall identify on the plan what improvements, if any, it intends to make to the dedicated land to make it suitable for its intended purpose, such as grading, landscaping, trail development or other improvements. At a minimum, all land disturbed by development and proposed to be dedicated shall be graded, stabilized, free of construction and logging debris and otherwise in usable form at the time of acceptance of an offer of dedication. The Township may place reasonable conditions on acceptance of the offer of dedication.
E. 
Amount of land to be dedicated.
(1) 
Residential developments. The amount of land to be dedicated shall be 2,000 square feet per residential lot or dwelling unit (whichever number is greater) that is part of an approved application. If, at the time of plan application submission, one of the proposed lots is improved with a dwelling unit, said lot or dwelling unit shall not be included in this calculation.
(2) 
Commercial or industrial developments. The amount of land to be dedicated shall be equal to 5% of the total combined building floor area and impervious surface of the proposed development.
(a) 
For purposes of Subsection E(2), the total combined square footage of total floor area and impervious surface shall be calculated by adding: i) the total square feet of floor area and ii) the total square feet of impervious surface less any square footage already counted as floor area.
(b) 
As used herein, the term "total floor area" is as defined in Chapter 440 of this Code (Zoning).
(c) 
As used herein, the term "impervious surface" is as defined in § 375-23 of the North Whitehall Township Subdivision and Land Development Ordinance, as codified at Part II, Chapter 375, Article II, § 375-23, of the North Whitehall Township Code of Ordinances, titled "Definitions."
F. 
Amount of fees in lieu of dedication. If the Supervisors and the applicant or developer agree that the applicant or developer may pay a recreational fee in lieu of dedicating the amount of recreational land required to be dedicated under this § 375-72, then such fee shall be as established in Part II, Chapter 204, Article I, § 204-1, of the North Whitehall Township Code of Ordinances, titled "Fee established."
G. 
Ownership of dedicated land. Unless otherwise agreed by the Township, recreation land required to be dedicated pursuant to this § 375-72 shall be dedicated to the Township.
H. 
Conservation easement required for land dedicated to entities other than Township. Where recreation land is dedicated to an entity other than the Township, or where recreation land is privately reserved, the applicant or developer, prior to plan recording or conveyance of the recreation land (as applicable), shall execute a conservation easement to the satisfaction of the Township permanently restricting the use of the land to park and/or recreational purposes.
I. 
Limitations on use of fees. All fees paid pursuant to this § 375-72 shall be maintained in a separate, interest-bearing account for the purpose of park and recreation. Such funds shall not be used for any purpose inconsistent with the applicable provisions of the Pennsylvania Municipalities Planning Code.
J. 
Other ordinances. The requirements of this § 375-72 shall be in addition to, and not in lieu of:
(1) 
Open space or recreation land or facilities which are required to be provided in connection with certain uses, developments, and/or subdivisions pursuant to the North Whitehall Township Zoning Ordinance;[1] and
[1]
Editor's Note: See Ch. 440, Zoning.
(2) 
Any private park and/or recreation land provided by the developer for the benefit of the inhabitants of a development, unless approved by the Township pursuant to § 375-72C(1), above.
Easements shall be provided for the following:
A. 
Storm drainage, sanitary sewers, central water, emergency access and other utilities as determined to be needed by the Township and as indicated on the plans.
B. 
Locations. Unless waived or modified by the Township Engineer/consultant or the Supervisors, all lots shall include a drainage and utility easement around the perimeter of each lot, including adjacent to the street right-of-way. However, such easements shall not be required where buildings (such as townhouses) are to be attached at a lot line.
C. 
Width. The standard minimum width of an easement shall be 20 feet, which may be reduced to 10 feet for each lot if a 10 feet minimum easement exists on the abutting side of the abutting lot.
D. 
See also drainage easement provisions in Stormwater Appendix F of this chapter.[1]
[1]
Editor's Note: Said appendix is included as an attachment to this chapter.
E. 
Additional width of easements shall be provided for additional utilities if required by the water or sanitary sewage supplier or the Supervisors, based upon advice of the Township Engineer/consultant. The easement widths along side lot lines may be reduced if Chapter 440, Zoning, of this Code allows a principal building setback that is less than the width of the easement that would otherwise be required.
F. 
Separation. Minimum separation distances between utility lines shall be as required by the applicable utility or as deemed necessary by the Supervisors based upon advice of the Township Engineer/consultant.
G. 
Pipelines. If any activity is proposed within the right-of-way of an underground fuel or gas pipeline, the applicant shall provide written evidence from the operator of such pipeline that such activity is acceptable under their safety standards and the terms of that right-of-way.
H. 
Easements shall be placed along lot lines or street rights-of-way, to the maximum extent possible, as opposed to the center of a lot.
I. 
Snow plow easements shall be placed as required in § 375-57H(6) or as required by the Supervisors.
J. 
Maintenance and obstructions. The owner of the lot shall properly maintain an easement or right-of-way in such a condition that does not inhibit its intended purpose(s). Fill, structures or plantings shall not be placed in an easement or right-of-way or adjacent thereto in a way that inhibits its intended purpose(s). For example, structures, grading or plantings that could alter or obstruct stormwater flows in violation of the approved final plan shall be prohibited within stormwater easements.
K. 
"The Township at its option shall have the right to enter a stormwater easement or any municipal easement or right-of-way to maintain it or improve it for its intended purpose(s), although the Township does not accept the responsibility to complete such work." This statement shall be included in the general notes of the final plan on a sheet which will subsequently be recorded.
[Added 12-1-2025 by Ord. No. 2025-4]
A. 
Definitions. See definitions of terms "water service" and "water system" in § 375-23.
B. 
Service areas.
(1) 
Municipal ownership. If a water system is owned by a municipality other than North Whitehall Township or a municipal authority, then such municipality or municipal authority shall provide central water service only within the designated portion of North Whitehall Township as set forth in a currently effective written agreement, as amended, with North Whitehall Township.
(2) 
Private ownership. If a water system is owned by a legal entity which meets the definition of "private ownership" under "water service" in § 375-23, then that legal entity shall provide water service only within the service area of that entity, as set forth in and authorized by the certificate of public convenience and necessity (or similar document) issued by the Pennsylvania Public Utility Commission (or successor agency).
(3) 
The connection requirements under Subsections E and F shall only apply where and when there is a currently effective written agreement between North Whitehall Township and a water system, whether in municipal ownership or private ownership, to provide such water service.
C. 
Measurement of distance. For the purposes of this § 375-74.1, distance shall be measured in linear feet, as follows:
(1) 
Starting from the closest point of a water line or its terminus, and ending at the lot line nearest to the water line or its terminus.
(2) 
The distance shall be measured along the shortest line between the starting and ending points, regardless of intervening lots and ownership.
(3) 
For purposes of measuring distance, the water line shall include any of the following:
(a) 
Water lines which are actually in operation;
(b) 
Water lines for which a qualified municipal entity has a currently effective agreement in writing with North Whitehall Township to install and serve that specific water line extension; and
(c) 
Water lines for which financial security has been posted to guarantee the installation and initial operation of the water lines, in accordance with Section 509 of the Pennsylvania Municipalities Planning Code, as amended.[1]
[1]
Editor's Note: See 53 P.S. § 10509.
D. 
Exemption. This § 375-74.1 shall not require existing industries and farms which have their own supply of water for uses other than human consumption, per the Second Class Township Code, 53 P.S. § 67603, to connect to a central water system.
E. 
Required water connections for new development. The following provisions shall apply to any subdivision (other than a simple lot line adjustment) and/or land development that is submitted for official approval under this Chapter 375 after the effective date of this § 375-74.1:
(1) 
If the subdivision and/or land development will only result in one or two new dwelling units, then all new dwelling units within the proposed subdivision or land development shall be required to connect to the central water system if the distance from the nearest lot proposed to include a new dwelling unit is within 250 feet of distance from a water line.
(a) 
An existing dwelling unit served by an existing well shall be required to connect to a central water system only if the distance from the lot containing such dwelling is 250 feet or less to a water line.
(2) 
If a subdivision and/or land development will result in three to 10 dwelling units (inclusive, and including any previously existing dwelling unit), connection to the central water system is required for all new dwelling units within the proposed subdivision and/or land development if the distance from a water line to any lot proposed to contain a new dwelling unit is 1,000 feet or less.
(3) 
If a subdivision and/or land development will result in 11 or more dwelling units (including any previously existing dwelling unit), connection to the central water system is required for all dwelling units within the proposed subdivision and/or land development if the distance from a water line to any lot proposed to contain a dwelling unit is 2,500 feet or less.
(4) 
The number of lots to be included in determining the distance requirements for water connections shall include the total number of lots in any adjacent and previous subdivision which was submitted by the same applicant(s) for subdivision approval after the effective date of this § 375-74.1. The term "adjacent" shall include any portion of the subdivision which is contiguous with another existing subdivision, or is separated merely by a street or other strip of land not exceeding 100 feet in width.
(5) 
For any subdivision and/or land development that is not regulated under the above § 375-74.1E(1), (2), or (3), and/or for any principal nonresidential nonagricultural building, connection to the central water system shall be required for all lots, regardless of distance to the water line, unless both of the following criteria are met:
(a) 
The distance to the water line from some or all of the lots exceeds 2,500 feet; and
(b) 
The applicant demonstrates that a required connection(s) to the central water system would impose a financial hardship that justifies a waiver under the applicable provisions of this Chapter 375.
F. 
Required water connections for existing uses and lots. Where the Township, another municipality, or a Municipal Authority extends water lines in a location that could reasonably serve an existing use and/or existing lot:
(1) 
Existing dwelling unit(s) shall only be required to connect to such central water system if all of the following criteria are met:
(a) 
The existing well no longer provides an adequate source of domestic water supply (because of contamination, loss of yield, or structural impairment);
(b) 
The dwelling unit(s) is within the distances from a water line as stated in the above § 375-74.1E; and
(c) 
The Township provides written notice to the owner of record of the property, through the Township Engineer, Sewage Enforcement Officer, Board of Supervisors, Zoning Officer, and/or Code Enforcement Officer.
(2) 
An existing undeveloped lot of record that was established prior to the adoption of subdivision regulations in North Whitehall Township shall be required to connect to a water line that is within 50 feet of the lot when a Township building or zoning permit is issued for a building or structure which involves water use, except as exempted by state law.
(3) 
An existing undeveloped lot of record that was established after the adoption of subdivision regulations in North Whitehall Township shall only be required to connect to a water line when a Township building or zoning permit is issued for a building or structure which involves water use and when either of the following criteria exist:
(a) 
The lot was required to be connected to the central water system as part of approval under this Chapter 375; or
(b) 
The lot is required to be connected to the central water system as part of a separate Township ordinance.