A. 
The standards and requirements outlined herein shall be considered minimum standards and requirements for the promotion of public health, safety, and general welfare.
B. 
Where literal compliance with the standards herein specified is clearly impractical, the Board may modify or adjust the standards to permit reasonable utilization of property while securing substantial conformance with the objectives of these regulations.
C. 
Proposed subdivisions shall be coordinated with existing nearby neighborhoods both within and outside of the Township so that the community as a whole may develop harmoniously.
A. 
Land shall be suited to the purposes for which it is to be subdivided or developed in conformance with the Township of New Garden Comprehensive Plan, Zoning Ordinance,[1] Act 537 Plan, and other applicable regulations.
[1]
Editor's Note: See Ch. 200, Zoning.
B. 
Wetlands and land areas which are subject to periodic flooding or saturation shall not be platted for residential development or designated for such other uses as may involve danger to health, safety, or the general welfare of the citizens unless adequate permanent drainage is provided and unless provision is made and indicated on the plan for adequate disposal of sanitary sewage and drainage of surface and subsurface water, comparable with public health standards, and subject to review and approval by appropriate regulatory agencies.
C. 
The design of subdivision and land developments shall preserve, insofar as possible, the natural terrain, natural drainage, existing topsoil and existing vegetation of the development site.
D. 
All portions of the tract being developed shall be taken up in lots, streets, public lands or other proposed use so that remnants and land locked areas shall not be created.
A. 
Proposed streets shall be properly related to such street plans or parts thereof as have been officially prepared and adopted by the Township including the New Garden Township Official Map.
B. 
Proposed streets shall further conform to such Township, county, and state road and highway plans as have been prepared, adopted, and/or filed as prescribed by law.
C. 
Streets shall be logically related to the topography so as to produce usable lots and reasonable grades.
D. 
Minor streets shall be so laid out as to discourage through traffic, but provision for street connections into and from adjacent areas will generally be required.
E. 
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 as necessary.
F. 
Where a subdivision abuts or contains an existing or proposed arterial street, the Board may require marginal access streets, rear service alleys, reverse frontage lots, or such other treatment as will provide protection for abutting properties, reduction in the number of intersections with the arterial street and separation of local and through traffic.
G. 
New half or partial streets shall not be permitted, except where essential to reasonable subdivision of a tract in conformance with the other requirements and standards of these regulations and where, in addition, satisfactory assurance for dedication of the remaining part of the street can be secured.
H. 
Wherever a tract to be subdivided borders an existing half or partial street the other part of the street shall be plotted within such tract.
I. 
Dead-end streets shall be prohibited, except as stubs to permit future street extension into adjoining tracts, or when designed as cul-de-sacs.
J. 
In a major subdivision, the applicant shall be responsible for upgrading existing Township roads that the new development will use for access and such improvements may be made as a condition for Township approval of the development.
K. 
All streets shall be constructed to:
(1) 
The grades shown on the street profile and the typical cross-section plan submitted and approved with the final improvement construction plan.
(2) 
The satisfaction of the person designated by the Board to inspect and check the grading of streets for accuracy.
L. 
Grading, installation and/or preparation of subgrade and installation of base and paving shall be done in accordance with current Pennsylvania Department of Highways Specifications and with the plans and typical sections approved. (Guideline for design of local roads and streets shall be "PennDOT Publication #70, April 1983," as amended.)
M. 
In general, road design should comply with fundamental design practices of highway and transportation engineering, including signs, and speed restrictions, with due consideration given to the stability of embankments and cut slopes, drainage and maintenance practices. Fundamental design practices shall generally agree with the standards of the Institute of Transportation Engineers (ITE) and the Association of State Highway Transportation Officials (ASHTO).
A. 
A single access street shall not be approved wherever a through street is practical, except where the single access street is clearly the basic principle for design of the subdivision.
B. 
Dead-end streets are prohibited unless designed as permanent cul-de-sac streets, or when designed as temporary cul-de-sac for future access to adjoining properties.
C. 
Any street dead-end for access to an adjoining property or because of authorized staged development shall be provided with a temporary, all-weather turnaround, within the subdivision, and the use of such turnaround shall be guaranteed to the public until such time as the street is extended. Right-of-way shall be extended to the tract boundary in such cases.
D. 
A single access street shall not furnish access to more than 20 dwelling units.
E. 
Single access streets, designed with permanent cul-de-sacs, shall have a maximum length of 900 feet and a minimum length of 250 feet.
F. 
All cul-de-sac streets, whether permanently or temporarily designed as such, shall be provided at the closed end with a fully paved turnaround.
G. 
The minimum radius to the pavement, edge, or curbline of the turnaround shall be 50 feet, and the minimum radius of the right-of-way line shall be 60 feet.
H. 
Drainage of cul-de-sac streets shall preferably be towards the open end.
I. 
The center-line grade on a cul-de-sac street shall not exceed 8% and the grade of the diameter of the turnaround shall not exceed 4%.
J. 
There shall be a maximum of four lots containing any access along the turnaround portion of a cul-de-sac street measured from reverse curve to reverse curve.
K. 
Whenever a future extension is found to be practical by the Board and Planning Commission, a fifty-foot-wide easement with an offer of dedication shall extend to the property line.
A. 
Minimum street right-of-way and cartway (roadway) widths shall be as follows:
(1) 
Minor streets and marginal access street shall have fifty-foot right-of-way except as regulated by § 170-59 of this chapter. Unless otherwise stated by this chapter, the cartway width shall be as follows:
(a) 
Where "no on-street" parking is allowed the minimum cartway width shall be 24 feet.
(b) 
Where parking is permitted on "one side" only, the minimum cartway width shall be 30 feet.
(c) 
Where parking is permitted on both sides of the street, the minimum cartway width shall be 38 feet.
(2) 
Collector street: fifty-foot dedicated right-of-way, sixty-foot ultimate right-of-way, and twenty-four-foot paved cartway.
(3) 
Arterial street: eighty-five-foot dedicated right-of-way, one-hundred-foot ultimate right-of-way, and cartway generally as prescribed by Pennsylvania Department of Transportation standards.
(4) 
Expressway: two-hundred-foot dedicated right-of-way, three-hundred-foot ultimate right-of-way, and cartway generally as prescribed by Pennsylvania Department of Transportation standards.
B. 
Additional right-of-way and cartway widths may be required by the Board of Supervisors for the following purposes:
(1) 
To promote public safety and convenience.
(2) 
To provide parking space in commercial districts and in areas of high-density residential development.
C. 
Short extension of existing streets with lesser cartway widths than prescribed by this section may be permitted; provided, however, that no right-of-way less than 50 feet in width shall be permitted.
A. 
In the case where lots created within a subdivision are of sufficient area to accommodate either further subdivision, or a higher intensity of development, and thus result in higher traffic volumes, the Township may require that additional right-of-way be provided to permit the future development of a higher classification street.
B. 
Where special topographic conditions may result in cut and fill slope areas that extend beyond the standard required right-of-way established in § 170-27, such areas should be included in all cases within the right-of-way to ensure maintenance. The Township may consider the use of maintenance easements rather than a right-of-way. The area of the maintenance easement is not included in the required lot or parcel area as set by standards of the Zoning Ordinance. Applicants have the option of using right-of-way or maintenance easements for the conditions of cut and fill slope areas.
A. 
Whenever street lines are deflected in excess of 5°, connection shall be made by horizontal curves.
B. 
To insure adequate sight distance, minimum center line radii for horizontal curves shall be as follows:
(1) 
Minor streets: 150 feet.
(2) 
Collector streets: 300 feet.
(3) 
Arterial streets: 500 feet, or as required by PennDOT for state highways of this functional classification.
C. 
Except on minor streets, a minimum one-hundred-foot tangent shall be required between curves.
A. 
Center-line grades should, wherever possible, be not less than 1%.
B. 
Center-line grades shall not exceed the following:
(1) 
Minor street: 8%. When alternative plan layouts indicate that exceeding 8% cannot be avoidable due to excessive grading, a maximum of 12% may be considered for a portion of the street.
(2) 
Collector and arterial streets: 6%.
(3) 
In no case shall streets with maximum grades incorporate the minimum curve radii as established by this chapter.
C. 
Vertical curves shall be used at change of grade exceeding 1% and shall be designed in relation to the extent of the grade change and to provide the following minimum sight distances:
(1) 
Minor street: 200 feet.
(2) 
Collector street: 300 feet.
(3) 
Arterial street: 400 feet.
D. 
Where the grade of any street at the approach to an intersection exceeds 6%, a leveling area shall be provided having not greater than four-percent grades for a distance of 25 feet measured from the nearest right-of-way in the intersecting street
A. 
General design.
(1) 
Streets shall be laid out to intersect as nearly as possible at right angles. No street shall intersect another at an angle of less than 60° or greater than 120°.
(2) 
Multiple intersections involving junction of more than two streets shall be prohibited.
(3) 
To the fullest extent possible, intersections with arterial streets shall be located not less than 800 feet apart, measured from center line to center line.
(4) 
Streets entering opposite sides of another street shall be laid out either directly opposite one another or with a minimum offset of 150 feet between their center lines.
(5) 
Minimum curb radii at street intersections shall be 20 feet for intersections involving only minor streets, 30 feet for intersections including other type streets and all commercial and industrial uses, or such greater radius as is suitable to the specific intersection.
(6) 
Street name signs shall be put at all intersections and shall be visible from both directions when approaching an intersection. Generally the sign shall be parallel to the street that it is identifying. The sign shall be of rust-proof material or shall be adequately protected against corrosion and shall be of a type and size with mounting and supports as specified by the Board.
B. 
Access management standards.
(1) 
Street access. Vehicular access to and from all buildings, structures and lots shall be governed by the following:[1]
(a) 
Every building and lot shall have access to a public street or an approved private street.
(b) 
Proposed access points shall be separated according to the provisions set forth in Subsection B(4).
[Amended 8-18-2014 by Ord. No. 213]
(c) 
Where a lot or multiple lots are created with frontage on more than one road, access shall only be permitted to the road with the lower functional classification according to the circulation plan of the Township Comprehensive Plan.
(d) 
Unless clearly impractical, direct access to collector and arterial roads, as defined by the circulation plan of the Township Comprehensive Plan, shall be prohibited.
(e) 
Unless clearly impractical, all residential lots shall have access only to local streets.
(f) 
Where a development proposal creates lots with frontage along existing collector or arterial roads, the proposed street pattern shall provide reverse frontage access to a local street within the development, rather than access onto the collector or arterial road whereas front yard setback shall be calculated from the local road.
(g) 
Where a building, structure, or lot is created having frontage along an existing collector or arterial road, and access to another street is not possible, access may be provided from an adjacent use according to Subsection B(3).
[Amended 8-18-2014 by Ord. No. 213]
(h) 
Where a building, structure or lot is created having frontage along an existing collector or arterial road and no viable alternative for access is possible, access to the arterial or collector road shall be permitted, provided the objectives of Subsection B(3)(b) are considered in conjunction with the following:
[Amended 8-18-2014 by Ord. No. 213]
[1] 
If possible, the proposed use shall utilize existing accessways of adjacent properties through interconnection of interior drives, parking areas, or loading areas.
[2] 
The design of parking and interior circulation of the proposed use shall be planned in such a manner as to connect interior accessways, parking areas and loading areas with future adjacent uses, structures, buildings or lots.
[3] 
Access points along collector or arterial roads, as designated in the Township Comprehensive Plan, shall comply with the regulations set forth in Subsection B(2) and (4).
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
(2) 
Access intersection distance. All proposed access ways shall be setback a minimum distance from any intersection, based on the highway classification as defined by the circulation plan of the Township Comprehensive Plan. The minimum setback distance from intersections shall be calculated as the distance from the edge of the pavement of the intersecting roadway to the tangent of the radius of the proposed access way according to the following:
(a) 
All proposed access ways shall be setback a minimum of 75 feet from the intersection of two local roads.
(b) 
From the intersection of a local road and collector road, proposed access ways shall be setback a minimum of 100 feet.
(c) 
From the intersection of a local road and an arterial road, proposed access ways shall be setback a minimum of 175 feet.
(3) 
Shared access provisions.
(a) 
Purpose. The use of shared access points for adjacent facilities shall be encouraged by this chapter in order to better facilitate the flow of traffic by increasing access coordination along road frontages and eliminating confusion caused by an excessive number of access points.
(b) 
Objectives.
[1] 
Limit the number of access points along collector and arterial roads.
[2] 
Use parallel access roads as entrances to uses and lots that abut collector and arterial roads.
[3] 
Coordinate ingress and egress locations for adjacent uses, lots and structures along collector and arterial roads.
[4] 
Connect interior access ways, parking areas or loading areas of uses with frontage along collector and arterial roads.
[5] 
Coordinate similar traffic movements at access locations to increase safety and facilitate vehicle movement.
(4) 
Access point separation.
(a) 
A minimum distance shall be provided between all new access points as determined by the highway classification identified in the Township Comprehensive Plan and according to the following:
[1] 
The minimum separation distance between access points on a local road shall be 75 feet.
[2] 
The minimum separation distance between access points on a collector road shall be 100 feet.
[3] 
The minimum separation distance between access points on an arterial road shall be 300 feet.
(b) 
Where two or more adjacent buildings, structures, or lots are in such proximity that achieving the minimum separation is not possible for each individual use, access points shall be shared in compliance with the provisions of this chapter.
(5) 
Responsibilities. The applicant shall be held responsible for the construction of any necessary traffic control devices, including acceleration and deceleration lanes where required.
(6) 
Applicability. The provisions set forth within this Subsection B shall apply to all uses other than individual single-family dwelling units.
[Amended 8-18-2014 by Ord. No. 213]
C. 
Minimum sight distance.
(1) 
Clear sight triangles shall be provided at all street intersections. Within such triangles, no object which obscures vision above the height of 30 inches and below a height of 10 feet shall be permitted. Heights shall be measured from the center-line grade of the street intersection. Such triangles shall be established by a distance from the curbline of the intersected street according to the street function.
(a) 
The sight triangle shall be measured from a point in the center of the intersecting street 75 feet back from the curbline of the intersected sheet for all intersections utilizing a yield sign or no traffic controls.
(b) 
The sight triangle shall be measured from a point in the center of the intersecting street 10 feet back from the curbline of the intersected street for all intersections which are equipped with traffic controls such as a stop sign or traffic signal.
(c) 
Sight distances for street intersections shall adhere to the standards of the American Association of State Highway and Transportation Officials (A Policy on Geometric Design of Highways and Streets, 1984, as amended) or the standards of the Pennsylvania Department of Transportation (Guidelines for Design of Local Roads and Streets, Publication 70, April 1983, as amended), as shown:
Table 1
Corner Sight Distance at Intersections
Minimum Corner Intersection at Sight Distance
(feet)
2 Lanes1
4 Lanes1
Design Speed
Local Access & Collector
Arterial
Local Access & Collector
Arterial
60
600
1,050
710
1,170
50
500
875
580
975
40
400
700
475
790
30
300
530
350
590
NOTE:
1The number of lanes and highway classification refers to the highway being intersected.
(2) 
Clear sight triangles and sight distances at driveway intersections shall be provided and measured in accordance with this section. Sight distances shall adhere to the standards of the American Association of State Highway and Transportation Officials (A Policy on Geometric Design of Highways and Streets, 1984, as amended) or the standards of the Pennsylvania Department of Transportation (Title 67 Transportation, Chapter 441 Access To and Occupancy of Highways by Driveways and Local Roads, January 1982, as amended) which are shown below:
Table 2
Safe Sight Distance for Passenger Cars and Single-Unit Trucks Exiting From Driveways Onto Two-Lane Roads
Posted Speed
(mph)
Safe Sight Distance - Left1(feet)
Safe Sight Distance - Right1(feet)
25
250
195
25
250
195
35
440
350
45
635
570
55
845
875
NOTE:
1Measured from a vehicle 10 feet back of the pavement edge.
Table 3
Safe Sight Distance for Buses and Combinations Exiting From Driveways Onto Two-Lane Roads
Posted Speed
(mph)
Safe Sight Distance - Left1(feet)
Safe Sight Distance - Right1(feet)
25
400
300
25
400
300
35
675
625
45
1,125
1,225
55
2,050
2,050
NOTE:
1Measured from a vehicle 10 feet back of the pavement edge.
The typical section of the road shall be prepared to meet the minimum standards set forth in PennDOT Publication 70 (Guidelines for Design of Local Roads and Streets), April 1983, as amended. Typical roadway construction consists of subgrade preparation (see Appendix F[1]), subbase, base course, and a wearing course. When roadways are constructed at existing grade or in cuts, pavement base drains and subdrains may be required.
A. 
After subgrade preparation is completed, a minimum of six-inch crushed stone (aggregates), Type A, PennDOT Numbers 2A and OGS (see Appendix) shall be spread and rolled to not less than 100%, using standard Proctor and compaction test results, of the maximum dry-weight density, for roadway subbase.
B. 
If Bituminous Concrete Base Course (BCBC) is to be placed over the subbase, a 1 1/2 ID-2 wearing course will suffice. Should wearing course be deferred to a later date, application of tack coat will be required.
C. 
Crown in road shall be provided at a slope of 1/4 inch to one foot.
D. 
Curbing shall be provided on all minor, collector, and marginal access streets and as required by the Board on major traffic streets. Curbs shall be equivalent to Pennsylvania Department of Highway Type A plain cement concrete, precast concrete, or rolled section if approved by the Board. Where no such curb is provided, there shall be a minimum of six feet of stabilized shoulder provided and provisions shall be made to avoid erosion to the satisfaction of the Board.
E. 
A berm with a slope of 3/4 of one inch to one foot at a minimum of six feet shall be provided behind all curbs.
F. 
Fills shall be made at a maximum slope of two feet horizontal to one foot vertical. The slope of cuts shall not exceed 1 1/2 foot horizontal to one foot vertical rise. Nevertheless, flatter cut slopes may be dictated by visibility requirements at the intersection of drives. Flatter slopes may be required to insure slope stability.
[1]
Editor's Note: Appendix F is on file in the Township offices.
A. 
Curbs shall be required on all streets and shall be of the vertical type. Rolled curb-and-gutter type may be installed only upon the approval of the Board of Supervisors, except that rolled curbs shall not be used on sheets whose grade exceeds 6%, or on any collector or arterial streets. The transition from one type of curb to another shall be made only at a street intersection, and adequate provision shall be made for driveway entrances.
B. 
All curbs shall be constructed of Class A cement concrete as specified by PennDOT Publication 408, latest edition. Curbs shall be constructed to the dimensions shown in the Appendix.
C. 
Curbing shall be constructed in ten-foot lengths. A premolded bituminous impregnated 1/2 inch expansion joint shall be placed between sections of curbing at intervals of not more than 30 feet
D. 
Depressed curbs at driveways shall be between one and 1/2 inches above the finished street surface. Pipes, grates, wood planks or other materials shall not be placed in the gutter to form a driveway ramp.
E. 
Where it is necessary to replace existing vertical curbs with depressed curbing, two complete sections of existing curb shall be removed down to the subgrade without disturbing the adjacent cartway paving. The depressed curb shall then be formed and poured in place according to the dimensions in the Appendix. Any portion of the cartway disturbed during curbing removal or installation will be repaired to new condition.
F. 
When curbing must be cut for depressed curb installation, the length of the remaining section shall be no less than four feet between expansion joints and the cut shall be made in a neat manner with a power saw equipped with a proper masonry cutting blade.
G. 
Any depressed curb sections that are unused when a development or phase of a development is completed, shall be completely removed and replaced with full section upright curbing to line and grade of adjacent curbing. Forming and pouring vertical curbing on top of an existing curb depression will not be permitted.
H. 
In rural areas, grassed swales may be constructed in lieu of curbing upon approval by the Board. Such swales shall be constructed in accordance with the recommendations of the Township Engineer.
A. 
Sidewalks shall be provided along all new streets and parking lots constructed in conjunction with residential, public, recreational, or commercial activity at the discretion of the Board of Supervisors or in accordance with § 170-62.
B. 
All sidewalks shall be constructed in accordance with specifications for Class A concrete as specified by the Pennsylvania Department of Transportation.
C. 
Sidewalks shall be a minimum of:
(1) 
Four feet wide within residential neighborhoods; and
(2) 
Five feet wide along collector and major traffic streets, and adjacent to shopping areas, schools, recreation areas, and other community facilities.
D. 
Sidewalks shall have a minimum thickness of four inches where used solely for pedestrian traffic and a minimum thickness of six inches at all driveways. Premolded expansion joints shall be placed between sidewalks abutting curbs, buildings, walls, or other permanent structures. Sidewalks shall be constructed on slabs of no more than eight feet.
E. 
Sidewalks are to be maintained by the property owners adjacent to the street right-of-way in which the sidewalk is located.
F. 
Interior walking paths within a development may be constructed in lieu of sidewalks at the discretion of the Board of Supervisors. Paths shall have an all-weather surface and be adequately landscaped. The surface material and construction method of such paths shall be at the discretion of the Board.
G. 
Crosswalks shall be required at all street intersections in compliance with the Americans with Disabilities Act.
A. 
The following standards shall apply to private streets:
(1) 
All private streets shall comply with the width, right-of-way, alignment, grade, and intersection standards for public streets as specified in §§ 170-26, 170-27, 170-28, 170-29, 170-30, and 170-31 of this chapter.
(2) 
No more than five lots shall be served by a private street. In the case where lots served by a private street are capable of further subdivision, and therefore, having the potential to exceed the five-lot limit, the private street shall be designed in accordance with public street standards for a minor street according to § 170-32.
(3) 
All private streets shall be constructed in accordance with the standards of § 170-25.
(4) 
As a condition to final plan approval, an agreement providing for the maintenance, repair, construction and reconstruction, including drainage facility maintenance and snow plowing of private streets, shall be submitted to the Township for approval.
(5) 
Any subdivision or land development application proposing six or more lots or units served by an internal street shall be designed in accordance with Township public street standards.
(6) 
The turnaround shall be provided with an all-weather surface to be approved by the Board of Supervisors and Planning Commission.
B. 
Private driveways. The following standards shall apply to individual and common private driveways:
(1) 
Private driveways, general.
(a) 
To provide a safe and convenient means of access, all driveways may not exceed a slope of 5% (one foot height in 20 feet of length) within the street right-of-way as well as within 25 feet of the right-of-way line. Where a drive enters the street through a cut in a ground bank, the slope of the cut for both street and drive should meet the visibility requirements in § 170-31, two to one horizontal to vertical ratio. Grades on any other portion of driveways shall not exceed 14%. Pavement shall conform to the requirements of this § 170-35, except that the minimum width of cartway shall be 12 feet. Applicants proposing driveways which exceed 14% will be required to submit a design plan and acquire approval by the Board.
(b) 
Private driveways whether individual or common on corner lots shall be located at least 40 feet from the point of intersection of the nearest street right-of-way lines.
(c) 
In any subdivision or land development, no more than two parallel fifty-foot private driveways serving single interior lots shall be permitted. An area equal to two lots conforming to the appropriate zoning district area and bulk regulations shall separate parallel private driveways.
(d) 
Driveways shall be designed to provide an adequate sight distance in accordance with § 170-31 of this chapter.
(2) 
Private driveways, common.
(a) 
A common private driveway may serve no more than two lots or units.
(b) 
Common private driveways shall have a minimum cartway width of 12 feet.
(c) 
No parallel and immediately adjacent common driveways are permitted. All common driveways shall be separated by an area equal to two lots which conform to the appropriate zoning district area and bulk regulations.
(d) 
An easement of access and maintenance shall be defined to the satisfaction of the Board, and included on the plan and deeds of record.
[Amended 10-18-2006 by Ord. No. 167; 11-25-2013 by Ord. No. 202]
All subdivisions and land developments shall comply with the requirements of Chapter 165 of the Code of Ordinances of New Garden Township known as the "New Garden Township Stormwater Management Ordinance," as amended, which is incorporated herein by reference and made a part hereof.
A. 
The length, width, and shape of blocks shall be determined with due regard to:
(1) 
Provisions of adequate sites for building of the type proposed.
(2) 
Topography.
(3) 
Requirements for safe and convenient vehicular and pedestrian circulation.
B. 
Except as otherwise regulated by this chapter, blocks shall have a maximum length of 1,600 feet and, as far as practicable, a minimum length of 500 feet. In design of blocks longer than 1,100 feet, special consideration shall be given to the requirements of satisfactory fire protection.
C. 
Residential blocks shall be of sufficient depth to accommodate two tiers of lots, except where reverse frontage lots bordering a major traffic street are used.
Lot dimensions and areas shall not be less than specified by provisions of the Township Zoning Ordinance[1] and shall further conform to the following requirement designed to abate health hazards:
A. 
Where both or either water supply and sanitary sewage disposal are provided by individual on-lot facilities, the Board may require that the applicant provide a registered professional engineer or a qualified sanitarian to make such tests as are necessary to determine the adequacy of the proposed facilities in relation to the proposed lot size and existing grade and soil conditions. In all such cases, a certificate by the registered professional engineer or qualified sanitarian that the proposed facilities are adequate shall be the prerequisite to final approval of the plan.
B. 
Minimum building setback line shall be controlled by the Township Zoning Ordinance.
C. 
Side lot lines shall be substantially at right angles or radial to street lines.
D. 
Residential lots shall, in general, front on a public street, existing or proposed.
E. 
Reverse frontage lots are prohibited, except where employed to prevent vehicular access to arterial and collector streets.
F. 
Interior lots shall have an access strip, with a minimum width for its entire depth of 50 feet for each lot proposed if a deed restriction prohibits the lot from further subdivision.
G. 
No more than two new contiguous interior lots shall be formed. No more than two lots stacked behind each other shall be created along a new or existing street.
H. 
No interior lot shall be permitted on the turnaround portion of a cul-de-sac street.
[1]
Editor's Note: See Ch. 200, Zoning.
A. 
In accordance with the provisions of Act 287, the applicant shall contact all applicable utility companies and accurately determine the locations and depths of all underground utilities within the boundaries of the tract proposed for development prior to excavation. A list of the applicable utilities and their phone numbers shall appear on preliminary plans submitted for review, and proof of contact shall be presented to the Township prior to final plan approval.
B. 
Where easements are required for utilities such as water and/or sewer facilities, the requirements for each easement shall be determined by the Board of Supervisors. Easements shall similarly be established for other utilities. Local utility companies shall be consulted by the developer when locating easements. To the fullest extent possible easements shall be centered on or adjacent to rear or side lot lines.
[Amended 10-18-2021 by Ord. No. 250]
C. 
The minimum width of an easement for utilities shall be 20 feet.
D. 
Where a subdivision is traversed by a watercourse, there shall be a drainage easement or right-of-way conforming substantially with the line of such watercourse and of such width as will be adequate to preserve natural drainage and provide sufficient width for maintenance.
E. 
No dwelling shall be located closer than 25 feet to any right-of-way line of any petroleum or petroleum product transmission line right-of-way.
F. 
When any petroleum or petroleum transmission line traverses a subdivision or land development, the developer shall confer with the applicable transmission or distributing company to determine the minimum distance which shall be required between each proposed dwelling unit and the petroleum or petroleum products transmission line.
G. 
Installation of all utilities shall be in strict accordance with the engineering standards and specifications of the Township and public utility concerned.
Except as otherwise regulated, parking areas shall comply with the following:
A. 
The required number of parking spaces shall be according to the following:
(1) 
Residential lots shall be provided with a minimum of two off-street parking spaces, excluding garage space, with a stable, all-weather surface as required by the Township Zoning Ordinance.[1]
[1]
Editor's Note: See Ch. 200, Zoning.
(2) 
The number of parking spaces for all nonresidential uses shall conform to the provisions of the Township Zoning Ordinance.
B. 
Parking areas shall be designed in accordance with the following:
(1) 
The layout of nonresidential parking lots shall be designed in accordance with the principals outlined in Guidelines for Parking Facility Location and Design, prepared by the Institute of Transportation Engineers, 1990.
(2) 
All nonresidential parking areas shall be paved with an all-weather surface suitable for normal and emergency conditions as determined by the Township Engineer.
(3) 
All parking lots shall be designed so as to prevent the collection of stormwater within the parking lot and to prevent damage to abutting properties and public streets from stormwater runoff according to the following:
(a) 
Applicants are encouraged to consider the use of pervious surfaces that promote the recharge of groundwater within parking areas.
(b) 
Stormwater collected on-site shall be handled in accordance with the provisions of § 170-36.
(4) 
Landscaping, in accordance with Subsection C, shall be required for all parking lots.
C. 
In addition to the landscaping requirements for parking areas stipulated by § 200-101D of the New Garden Township Zoning Ordinance,[2] the following landscaping design standards shall apply:
(1) 
Landscaping within any parking area which provides more than 10 parking spaces shall be subject to the following provisions:
(a) 
The interior of each parking lot shall have at least one three-inch caliper deciduous tree for every eight parking spaces, if there are no existing shade trees to satisfy this requirement. Shrubs and other plant materials are encouraged to be used to complement the tees, but shall not be the sole contribution to the landscaping. These trees shall be in addition to those required as an effective screen.
(b) 
If a parking lot abuts or fronts upon a public or private street or road, a ten-foot-wide landscaped strip measured from the right-of-way of the street or road shall be provided and which shall contain one three-inch caliper tree for every 40 feet of street or road frontage. Such trees should include a combination of evergreen and deciduous species to provide an effective year-round screen.
(2) 
The landscaping and planting areas shall be reasonably dispersed throughout the parking lot, except where there are more than 20 spaces in which the following shall apply:
(a) 
Landscaped areas at least 10 feet wide shall be provided around the periphery of parking areas. Such areas shall, at a minimum, extend the full length and width of the parking areas, except for necessary accessways, to prevent the encroachment of moving vehicles into parking areas.
(b) 
Landscaped islands between every 10 parking spaces or at the end of each parking row, whichever is less, shall be provided and shall be the length of the parking spaces in the row and at least 10 feet in width and provide not less than 180 square feet of planting area.
[Amended 2-25-2013 by Ord. No. 196]
(c) 
There shall be a planting strip incorporated for every four rows of parking spaces. Such planting strip shall run parallel to parking rows, shall be the length of the parking stalls, and shall have a minimum width of 20 feet. Unless designed as a stormwater management best management practices facility, four shade trees and eight shrubs shall be provided per 100 linear feet of planting strip.
[Amended 2-25-2013 by Ord. No. 196]
(3) 
Existing plant material and trees with a caliper of six inches or more shall be preserved wherever possible during construction. Such existing plants may be credited toward the amount of required plantings.
[2]
Editor's Note: See Ch. 200, Zoning.
D. 
Maintenance of landscaped and buffer areas shall be in accordance with § 200-100E of the New Garden Township Zoning Ordinance.
A. 
General.
[Amended 10-18-2021 by Ord. No. 250]
(1) 
In all cases wherein trunk line sanitary sewer facilities are available, owner shall be required to install sanitary sewers and connect the same to such trunk line sewer, irrespective of the size of the lots included on said plot plan.
(2) 
If no such existing sanitary sewer facilities are available, but will become available within a reasonable time, sanitary sewers necessary to serve the entire subdivision, together with all necessary laterals extending from the main sewer to the street curb, shall be installed and capped. In such event, owner may install on-site disposal units, provided they are so located as to permit connection to the sewer when it becomes usable. Provision of easements for construction of sanitary sewers at a later date may also be required by the Board.
(3) 
Design and construction of sanitary sewers shall be subject to the review of the Board or the municipal authority or public utility having jurisdiction in order to insure compliance with the standards employed for the sewer system.
(4) 
Design of sanitary sewer systems shall also be subject to the review and approval of such county or state regulatory authorities having jurisdiction in such matters. Evidence of such review and approval shall be presented with final plans.
(5) 
Sanitary sewers shall be designed and constructed in strict accordance with Pennsylvania Department of Environmental Protection and Chester County Health Department standards. A copy of the approval of such system shall be submitted with the final plan.
(6) 
All percolation tests shall be taken and approved by appropriate authorities before any building permit and occupancy permit is issued.
B. 
Sanitary sewage disposal system(s).
[Amended 10-18-2021 by Ord. No. 250]
(1) 
Whenever an applicant proposes that individual on-site sanitary sewage disposal systems shall be utilized within the subdivision, the applicant shall either install such a facility approved by the Pennsylvania Department of Environmental Protection, or shall guarantee (by deed restriction or otherwise), as a condition of the sale of each lot or parcel within the subdivision, that such facilities can be installed by the purchaser of such lot or parcel.
(2) 
Where required, the applicant shall provide a community or a public sewer system. The design and installation of a community system shall be subject to the approval of the Township Engineer, the Township Planning Commission and the Board of Supervisors. The design and installation of a public sewer system shall be subject to the approval of the municipal authority or public utility with jurisdiction.
(3) 
For development utilizing any approved on-site disposal system, an additional reserve land area shall be established as a backup area for the system in the event of failure of the primary system. Such land shall be free of any structures and utilities and shall be deeded as such. Reserve backup fields shall be sited entirely within the lot to be served. Reserve backup areas shall be equal in area to the primary disposal drainage field, have adequate soils and topography to insure proper disposal, and shall meet Pennsylvania Department of Environmental Protection and Chester County Health Department standards.
C. 
Soil percolation test requirements.
(1) 
Soil percolation tests shall be performed for all subdivisions wherein building(s) at the time of construction will not be connected to a public sanitary sewage disposal system in operation.
(2) 
Soil percolation tests shall be made in accordance with the procedure required by the Pennsylvania Department of Environmental Protection and approved by the Chester County Health Department.
(3) 
Application for sewage disposal systems shall be made to the Chester County Health Department.
A. 
Adequate and potable water supply system(s) shall be installed consistent with design principles and requirements contained in this chapter and Township Standards, which are the U.S. Public Health criteria for drinking water as administered by the Environmental Protection Agency Safe Drinking Water Act. In all cases wherein public water facilities are available, the owner shall be required to connect to such system, irrespective of the size of the lots included on said plot plan.
B. 
Where the applicant proposes that individual on-site water supply systems shall be utilized within the subdivision, the applicant shall either install such facilities or shall guarantee (by deed restriction or other mechanism found acceptable to the Board), as a condition of the sale of each lot or parcel within the subdivision, that such facilities can be installed by the purchaser of such lot or parcel. Individual on-site wells shall be subject to the standards provided for within Subsection 501, Chapter 500, Rules and Regulations of the Chester County Health Department.
C. 
Wherever necessary, the subdivision shall be provided with a complete public water distribution system. The design and installation of such public system shall be subject to the approval of the Township.
D. 
Documentation of a water supply adequate to serve the proposed development in low-flow and drought periods shall be provided with the application for review.
E. 
All new public and private water systems, excluding individual on-site wells, shall be designed to support fire hydrants throughout their service area.
F. 
All persons desiring to extend public water mains shall be required to enter into an extender's agreement.
G. 
Wherever a public or private water system is provided, fire hydrants suitable for the coupling of equipment serving the Township shall be installed as specified by the Insurance Services Offices of Pennsylvania. Location of hydrants shall be approved by the fire companies serving the Township and the Board. Placement of hydrants shall meet the following:
(1) 
Generally all fire hydrants will be located on an eight-inch line or a looped six-inch line. Where a dead-end line is required to contain a fire hydrant, the portion of the line between the main loop and the hydrant shall be an eight-inch minimum diameter.
(2) 
Fire hydrants shall be spaced in a development so that all proposed building(s) will be no more than 600 feet from the hydrant measured along traveled ways.
(3) 
Hydrants shall be located in manner to provide complete accessibility and so that the possibility of damage from vehicles or injury to pedestrians will be minimized.
H. 
For developments served by water systems incapable of supporting fire hydrants, standpipes may be required to be placed in surface water sources wherever feasible to provide a source of water for fire-fighting equipment. Consideration may also be given by the Board of Supervisors to using standpipe hydrants whenever surface water sources are available for fire protection (separate water supply and fire protection systems). Standpipes shall be designed to be compatible with the fire-fighting equipment of and accessible to the fire companies serving the Township. Applicants shall consult the local fire companies in determining the feasibility of surface water sources to support standpipes for fire-fighting purposes. The design, location, and access to such facilities shall be at the discretion of the local fire companies and must be approved by the Board of Supervisors.
A. 
Landscaping, buffering, and screening shall be provided under all circumstances stipulated by §§ 200-100 and 200-101 of the New Garden Township Zoning Ordinance[1] and when a landscaping plan is required, the information required under this section shall be identified on said plan.
[1]
Editor's Note: See Ch. 200, Zoning.
B. 
In addition to the standards stipulated in §§ 200-100 and 200-101 of the New Garden Township Zoning Ordinance, the following standards shall apply:
(1) 
Vegetative buffers shall be provided along the rear of reverse-frontage lots.
(2) 
The plant material used shall include a minimum of four shade trees and eight shrubs for each 100 feet of buffer. Evergreen or ornamental trees may be substituted for shade trees at a rate of two per required shade tree. Shade trees shall be a minimum one-and-one-half-inch caliper and evergreen trees shall be a minimum of six feet in height at the time of planting. A landscape architect licensed by the Commonwealth of Pennsylvania shall prepare the plan in order to ensure the proper use and arrangement of plant materials and to provide an aesthetically pleasing effect.
[Amended 2-25-2013 by Ord. No. 196]
(3) 
Earthen berms may be incorporated into the landscaping plan along public road frontage and along property lines abutting existing dwellings. Earthen berms shall have a maximum height of five feet and a maximum slope of four feet horizontal to one foot vertical.
(4) 
Plant species for buffers shall be approved by the Board and should be selected from Appendix E of this chapter.[2]
C. 
Any development proposing the creation of a public road or street shall provide shade trees along its entire length, in accordance with the following standards:
[Amended 2-25-2013 by Ord. No. 196]
(1) 
All shade trees shall be a minimum of two-and-one-half-inch caliper from good nursery stock when planted. Street tree species selected shall be approved by the Board and should be selected from those listed in Appendix E of this chapter.[3]
[3]
Editor’s Note: Appendix E is attached to this chapter.
(2) 
All shade trees shall be selected and planted so that at maturity they will provide adequate shade along the public road or street.
(3) 
Street trees shall be spaced to permit the healthy growth of each tree, planted no closer than 40 feet on center, nor any farther than 50 feet on center for each side of the street.
(4) 
Shade trees shall be planted within a tree lawn a minimum of five feet in width, along the right-of-way line. Existing trees with a caliper of six inches or more and located between the cartway and the right-of-way line shall be preserved wherever possible and used in the shade tree calculation.
(5) 
At intersections, street trees shall be located no closer than 50 feet from the intersection of the curb.
D. 
Maintenance of landscaped and buffer areas shall be in accordance with § 200-100E of the New Garden Township Zoning Ordinance.[4]
[4]
Editor's Note: See Ch. 200, Zoning.
A. 
In reviewing the subdivision plans, the Board will consider the adequacy of existing or proposed community facilities to serve the additional dwellings proposed by the subdivision.
B. 
Applicants shall give earnest consideration to the desirability of providing or reserving areas for facilities normally required in residential sections, including churches, libraries, meeting houses, post offices, schools, and other public buildings. The applicant shall earnestly consider any recommendation by the Board involving the community facilities serving the development.
C. 
Areas provided or reserved for such community facilities should be adequate to provide for building sites, landscaping, and off-street parking as appropriate to the use proposed. Such areas should be located in a manner to best serve the public likely to use the same.
[Amended 10-18-2006 by Ord. No. 167]
A. 
In reviewing subdivision and land development proposals, the Board shall consider the adequacy of existing or proposed community recreation areas and facilities to service the population of the proposed development.
B. 
Pursuant to the standards set forth in § 170-45C below, any proposed development shall be required to permanently set aside land for active recreation purposes within the development. The Board may accept, at its sole discretion, the payment of a fee in lieu of such set aside of land, in an amount and in the manner prescribed in § 170-46. The Board may accept a combination of land and fee in lieu for recreation areas, in its sole discretion.
C. 
In residential subdivision and land developments, it is the policy of the Board to require the dedication of land for recreational purposes within such developments. These recreational areas shall comply with the following regulations:
(1) 
At a minimum, the following amount of acreage shall be provided for community recreation areas:
Households to be Created by Proposed Development
Minimum Recreation Area Acreage
10 or less
1.0 acres
11 to 24
2.0 acres
25 to 49
4.0 acres
50 or greater
Minimum of 10% of gross tract area
(2) 
Community recreation areas shall comply with the open space and recreation area standards as specified in § 170-47 of this chapter.
(3) 
Community recreation areas may be dedicated to the Township by the applicant if the Board agrees to accept the dedication. Acceptance of dedication of recreation areas shall be determined by the Board, at its sole discretion.
(4) 
The land area requirements of this section are separate from, and in addition to open space requirements in the residential cluster design option set forth in Article XV of the Township Zoning Ordinance, and any other applicable provisions of the Township Zoning Ordinance requiring open space.[1]
[1]
Editor's Note: See Ch. 200, Zoning.
D. 
In nonresidential subdivisions and land developments, the Board shall require the designation of land for recreational use by employees.
(1) 
The amount of land required to be designated for employee recreational purposes shall be based on the estimated number of individuals to be employed on the site, and shall comply with the following:
(a) 
The amount of land to be provided shall equal 250 square feet per employee, or a minimum of 5,000 square feet, whichever is greater.
(b) 
Such area shall comply with the community recreation area standards set forth in § 170-47 of this chapter.
(c) 
The Board may accept, at the sole discretion of the Board, the payment of a fee in lieu of the community recreation area in an amount and in the manner prescribed in § 170-46 of this chapter.
[Amended 10-18-2006 by Ord. No. 167]
A. 
As an alternative to providing required community recreation areas pursuant to § 170-35, the Board may, in its sole discretion, elect to receive a fee in lieu of the set aside of such recreation area from the applicant.
B. 
The amount of any fee in lieu of land for active recreation shall be computed as follows: 50% of the fair market value of the entire tract (on a per-acre basis), multiplied by the number of acres required to be set aside for recreation.
C. 
The determination of the fair market value of the tract shall be the responsibility of the applicant, and shall be determined by a current professional appraisal of the tract, prepared by a properly certified and licensed Pennsylvania appraiser. Such appraisal shall be subject to review and approval by the Board of Supervisors.
D. 
A notation shall be made on the final plan prepared for recording, stipulating the amount of the fee to be paid, as established by this section, and the means and timing of the payment, consistent with the terms of this section.
E. 
For any fee in lieu of land dedication, the full amount of the fee shall be deposited in a Township open space and recreation capital reserve fund, which shall be used solely for the acquisition of recreation and open space land or capital improvements for open space and recreation purposes consistent with the Township's Open Space, Recreation and Environmental Resources Plan. Fees deposited to this account shall be administered as required by Act 247, the Pennsylvania Municipalities Planning Code, as amended.
F. 
Actual payment of the fee in lieu of land dedication shall be made at one of the following points, whichever shall occur first:
(1) 
At the time of conveyance of any lot;
(2) 
At the time of application for a building permit;
(3) 
At the time any public improvements are offered for dedication.
G. 
The Board may allow payment of fees in lieu of required community recreation areas to be staged, and the timing and conditions of such staging shall be solely at the discretion of the Board.
[Amended 10-18-2006 by Ord. No. 167]
A. 
In designing community recreation areas within residential subdivision and land development plans, the applicant shall comply with the following criteria and standards for community recreation areas:
(1) 
Consistent with the New Garden Township Comprehensive Plan and Open Space, Recreation, and Environmental Resources Plan.
(2) 
Suitable for active and passive recreational uses to the extent deemed necessary by the Board without interfering with adjacent dwelling units, parking, driveways, and roads.
(3) 
The minimum required area shall be composed of not more than 10% environmentally sensitive lands; floodplains, woodlands, slopes in excess of 25%, surface waters, and wetland areas.
(4) 
Comprised of areas which do not include net out lands, buffer strips and zones, seepage beds and drain fields (primary and backup), utility and maintenance easements, stormwater management basins and facilities, right-of-way, or building setback areas.
(5) 
Comprised of areas not less than 75 feet in width, and not less than 15,000 square feet in contiguous areas, except when part of a trail system or pathway network.
(6) 
Relatively compact, placed to serve all parts of the development, and interconnected with common open space areas on abutting parcels whenever applicable, including provision for pedestrian pathways to general public use to create linked pathway system within the Township.
(7) 
Provided with sufficient perimeter parking where necessary, and with safe and convenient access by adjoining street frontage or other rights of way or easements capable of accommodating pedestrian, bicycle, and maintenance and vehicular traffic and containing appropriate access improvements.
(8) 
Undivided by public or private streets, except where necessary for proper traffic circulation, and then only upon recommendation of the Township Engineer and Planning Commission.
(9) 
Free of all structures, except those of historic or architectural importance and those directly related to outdoor recreational use.
(10) 
Suitably landscaped either by retaining existing natural ground cover and wooded areas and according to a landscaping plan for enhancing open space and recreation areas through plantings which are consistent with the purposes of § 170-45 and which minimize maintenance costs.
(11) 
No trail shall be designed with the intent to accommodate motorized vehicles.
(12) 
Trails and their easements shall be dedicated to the Township, donated to a private conservation organization, or placed under the care of a community association in order to assure continuing maintenance of the trail and trail easement. Alternately, a trail may be maintained by the abutting property owner, but only upon the request of the said property owner and with the approval of the Board of Supervisors.
(13) 
A management plan describing the maintenance and upkeep of community recreation areas designated in compliance with § 170-45 of this chapter shall be submitted to the Board prior to final approval of the proposed subdivision and land development plan.
A. 
Monuments or markers (as noted), shall be noted in the final plan to define the following:
(1) 
The exact location of all streets, street curves, and street intersections. Such markers shall set the dimensions of the street to be laid out. (Monuments)
(2) 
The intersection of all lot lines. (Monuments)
(3) 
The dimensions of the tract to be developed. (Monuments)
(4) 
All angles in property lines of lots. (Markers)
B. 
Monuments shall be cast or precast or of stone and shall be of a design satisfactory to the Township Engineer. Monuments shall be permanently marked with a proper inscription on top. Markers shall consist of iron pipe at least 30 inches long and not less than 3/4 of an inch in diameter.
C. 
Monuments and markers shall be placed so that the scored or marked point shall coincide exactly with the intersection of the lines to be marked, and shall be set so the top of the marker is level with the ground.
[Added 8-12-2002 by Ord. No. 148]
A. 
Purpose. The purpose of this section is to conserve natural resources and prevent erosion and pollution in the public interest and for the public good and welfare. This section shall apply to any and all applications for subdivision and/or land development.
B. 
Regulations for removal and replacement of trees.
(1) 
Prior to the issuance of any grading or building permit, and further, prior to the construction of any roadway, stormwater basin, driveway, utility, dwelling unit or other building, the developer shall stake, on the lot containing the proposed development, the location of the building foundation, roadway, basin, driveway and any utility easements to be constructed and cleared in the course of said construction. Following the placement of such stakes, the developer shall conduct an inventory, in writing, of trees greater than or equal to six inches in caliper located on the lot, and no less than 10 feet from the areas staked for construction (hereinafter called the ”protection area”). The written inventory on the protection area shall be promptly filed with the Township prior to the issuance of any building permits. The Township may perform an on-site inspection to confirm the accuracy of any inventory. No building permit shall be issued until an accurate written inventory is completed, as determined by the Township. In order to facilitate this procedure, the developer shall apply for building permits in groups of no more than 10 neighboring dwelling units or buildings at a time. No trees shall be damaged or removed from the protection area, without the prior written approval of the Township. Following the construction, at a time determined by the Township, a postconstruction inventory of the protection area will be conducted by the Township and, for each tree materially damaged (as determined by the Township in its sole discretion) or removed within the protection area, the developer shall plant and replace trees on the lot as follows:
Caliper of Tree
Damaged or Removed
(inches)
Minimum Number and Minimum Caliper
of Tree to be Replanted as Replacement Tree
(inches)
6 to 12
1 - 5 to 5 1/2, or 3 - 3 1/2
12 to 24
1 - 6 to 6 1/2, or 4 - 3 1/2
Greater than 24
2 - 6 to 6 1/2, or 5 - 3 1/2
(2) 
The developer shall replace any damaged tree(s) with replacement trees of the same type, unless otherwise approved by the Township in writing. If approved by the Township, in the Township’s sole discretion, the developer may plant replacement trees in other areas of the subdivision or project, such as common open space areas or other lots.
(3) 
Upon application for a building permit, the developer shall also indicate thereon the location of all trees as identified and described in Subsection B(1), above, which must be removed because of construction of a building, driveway, or other reason on the lot. Such trees may only be removed only upon prior approval of the Township, as indicated on an approved subdivision and/or land development plan.
(4) 
The Township will issue a certificate of occupancy only after the successful completion of the postconstruction inventory and planting of any required replacement trees in accordance with this section. If a certificate of occupancy is requested during times of the year when planting conditions are not optimal, as determined by the Township (for example, summer and winter months), the Township may require the developer to place into escrow with the Township a reserve of funds to ensure compliance with the terms of this § 170-49. The escrow amount shall be determined by the Township.
(5) 
The provisions of this section shall not apply to persons owning or working in orchards or nurseries, or to any person who owns and occupies a premises whereon a tree to be removed is growing, nor to members of his immediate family, servants and employees, when such removal is not as a result of a subdivision or land development.
C. 
Protection of trees from mechanical injury and/or grading change.
(1) 
All trees having a caliper greater than or equal to 12 inches which are to be retained, and which are located within 25 feet of any building site, parking area, or other proposed improvement shall be protected by the developer from equipment or other damage by construction fencing or other effective barrier approved by the Township. Such fencing or barrier around trees shall be placed at a location of a minimum of three feet outside of the dripline of the tree being protected, unless another appropriate location is determined by the Township.
(2) 
No damage or other injury shall be inflicted upon any existing tree, its trunk and/or root system, by any means whatsoever, including, but not limited to, operating heavy equipment within, or otherwise disturbing the area circumscribed by the dripline of any tree. Further, no roots of any tree shall be permitted to be cut or disturbed within the area circumscribed by the dripline of the tree. If there is no alternative to locating a utility line within the dripline of any tree, tunneling under the tree is strongly recommended, rather than trenching, to minimize potential damage to the tree root system. Where trenching is unavoidable, trenching holes shall be filled in as soon as possible, and tamped lightly to avoid the creation of air spaces. In such cases, the Township shall determine the most desirable location of such trench. Tree trunks or exposed tree roots damaged during construction shall be protected from further damage by construction fencing or other appropriate barrier, once such damage is known, or should have been known, by the developer. Treatment of damaged areas shall be dictated by the nature of the actual injury (e.g., damaged bark shall be cutback to a point where the bark is intact and tight to the tree; exposed roots shall be properly pruned back and covered with topsoil; tree limbs shall be cut back in proportion to the root area loss), and shall be approved by the Township. In such cases, the Township shall have the absolute authority to determine the treatment technique(s) most suitable to the damaged areas.
(3) 
Trees shall not be used for roping, cables, signs, fencing, or lighting. Nails, spikes, or other such implements shall not be driven into trees.
(4) 
No impervious cover, storage of equipment, materials, debris, or fill shall be allowed within the dripline of any existing tree.
(5) 
Grade changes at any location on the lot shall not result in an alteration to soil or drainage conditions which adversely affects any existing trees to be retained following site disturbance on the lot, unless adequate provisions, satisfactorily to the Township, are made to protect such tree(s) and its root systems.
(6) 
The Township may, in its sole discretion, require that specimen plants with significant historical, visual, or environmental qualities which would otherwise be removed during site preparation and/or development, be transplanted elsewhere on the lot or the subdivision, or otherwise protected in accordance with the requirements of this section.
(7) 
Should any existing tree on the lot not scheduled or permitted to be removed be damaged during site preparation or development of the lot and die within 18 months of the conclusion of the development/site disturbance activities, such tree shall be removed and replaced in accordance with the criteria set forth in Subsection B of this section. If any such existing tree dies within 18 months of the conclusion of the development activity, the Township shall send written notice to the developer, requesting tree replacement in accordance with this section. If developer fails to replace the tree within the time set forth in the written notice, the Township shall be permitted to remove the deceased tree, and replace the dead tree in accordance with this chapter, and, thereafter, shall be permitted to bill the developer for all costs incurred in such a removal and/or replacement, which shall be promptly reimbursed, in full, by the developer. If the Township is required to pursue collection activities against the developer under this section, the developer shall be fully responsible for all costs incurred by the Township in such proceedings, including, but not limited to reimbursement of court costs, attorney’s fees and interest on unpaid amounts.
(8) 
Trees in excess of four inches caliper which are located within any steep slope area, designated floodplain, floodway, flood-fringe, streams, or other woodlands area shall not be cut down or removed without the prior written approval of the Township.
D. 
Tree protection criteria. For developments and/or subdivisions within the Township, the developer shall utilize the following tree protection criteria, where applicable:
(1) 
Tree protection zone ("TPZ").
(a) 
In addition to the criteria set forth in Subsections B and C of this section, the developer shall identify on all development plans whether preliminary sketch or final, for each lot to be developed a TPZ. Thereafter, the TPZ shall be delineated on the site prior to disturbance, and shall conform to the approved development plans. TPZs will be properly marked and readily identifiable on both the plans and the actual costs.
(b) 
Where groups of trees are contained within a TPZ, only the trees on the edge of such groups need to be marked.
(c) 
Construction fencing or other effective barriers shall be placed along the entire boundary of all TPZs.
(d) 
In addition to the TPZ, trees may be left standing as protection between the trunks of the trees to be retained and the limits of grading. When additional trees are used as protection, the TPZ on the approved plan shall be marked in the field so that the additional buffer area is delineated. When this method of protection is used, these additional trees may be removed at the time of completion of the project.
(e) 
When construction fencing or other suitable barrier has been installed, it shall be inspected and approved by the Township prior to commencing clearing, and further disturbance. The fencing along any TPZ shall be maintained until all work, disturbance and/or construction on the lot/project has been completed. Any damages to the protective fencing shall be replaced and repaired before further construction shall begin.
(f) 
Trees being removed shall not be felled, pushed or pulled into any TPZ, or into trees that are to be retained within the project.
(2) 
Retaining walls.
(a) 
When the original grade cannot be retained at the TPZ line, a retaining wall shall be constructed outside of the TPZ.
(b) 
The retaining wall shall be designed to comply with all applicable standards (e.g., municipal, state, federal) for retaining walls.
(c) 
In addition, the following methods shall be used to ensure survival of the tree:
[1] 
The top of the retaining wall shall be four inches above the finished grade line.
[2] 
The retaining wall shall be constructed of large stones, brick, building tile, concrete blocks, or treated woodbeams not less than six inches by six inches. Means for drainage, satisfactory to the Township, through the wall shall be provided so water will not accumulate on either side of the wall. ”Weep holes” shall be required within any such retaining wall.
[3] 
Any tree roots severed as a result of excavation shall be trimmed so that their edges are smooth and are cut back to a lateral root, if exposed.
[4] 
A layer of clean stone (sized 3/4 to one inch) shall be placed one foot out from the wall to aid in drainage.
(3) 
Trenching and tunneling.
(a) 
If there is no alternative but to locate a utility line through a TPZ, tunneling shall be used instead of trenching, except where, in the opinion of the Township, survival of the tree would not be affected by either method. In such event, the Township shall determine the most desirable location for the utility line.
(b) 
Trenches shall be filled as soon as possible, and tamped lightly to avoid air spaces.
(4) 
Pruning and pruning methods. Where necessary, pruning of tree branches shall be performed in order to protect the well-being of the tree. All necessary pruning cuts must be made in the manner to prevent bark from being torn from the tree, and to further facilitate rapid healing of the tree. Flush cuts are unacceptable.
(5) 
Fertilization.
(a) 
All trees which have experienced any disturbance or have had damages to the roots or branches shall be properly fertilized.
(b) 
Trees shall be fertilized in early fall (September to October) or mid-spring (April to May), although fall applications are preferred.
(c) 
Fertilization shall be broadcast over the soil surface in an area equivalent to the TPZ, and shall be applied at a rate equivalent up to one pound nitrogen per 1,000 square feet.
(d) 
Developer shall utilize fertilizer of a grade which has approximately three parts nitrogen to one part of phosphorus and potassium (3-1-1 ratio), or other similar grade.
[Added 2-25-2013 by Ord. No. 196]
A. 
Prioritized list of resources to be conserved. The location of proposed common open space shall reflect the recommendations of the New Garden Township Greenway Plan and Phelps Property Plan (2009) and protect the resources identified in Zoning Ordinance Article XXII, Natural Resources Protection.
(1) 
The following constrained lands shall be included in the common open space in their entirety:
(a) 
Lands within the one-hundred-year floodplain (including the floodway).
(b) 
Wetlands.
(c) 
Steep slopes in excess of 25%.
(2) 
The following natural, historic and cultural resources, listed in order of priority, shall be included in the common open space to the fullest extent practicable:
(a) 
Class I, II and III agricultural soils as mapped by the United States Department of Agriculture Natural Resources Conservation Service in the published soil survey for Chester County.
(b) 
Rare species sites.
(c) 
Precautionary steep slopes 15% to 25%, particularly those adjoining watercourses and ponds, due to the potential for soil disturbance leading to erosion that is detrimental to water quality.
(d) 
Healthy woodlands, particularly those performing important ecological functions such as soil stabilization and protection of streams, wetlands and wildlife habitats.
(e) 
Hedgerows, groups of trees, specimen trees and other unique or significant vegetation features.
(f) 
Areas where precipitation is most likely to recharge local groundwater resources because of topographic and soil conditions affording high rates of infiltration and percolation.
(g) 
Historic structures and sites.
(h) 
Visually prominent topographic features such as knolls, hilltops and ridges, and scenic views as seen from public roads (particularly those with historic features). Significant views from within the site outward shall also be considered.
(i) 
Existing or proposed trails connecting the tract to other locations in the Township.
B. 
Design standards for common open space. Meeting the priorities in Subsection A above, common open space shall be configured to:
(1) 
Be free of all structures, except historic buildings, structures related to common open space uses in Zoning Ordinance, § 200-95.
(2) 
Be undivided by public or private streets, except where necessary for proper traffic circulation.
(3) 
Be interconnected wherever possible to provide a continuous network of common open space within and adjoining the subdivision.
(4) 
Ensure that active recreational uses do not interfere with adjacent dwelling units, parking, driveways, and roads.
(5) 
Provide buffers to adjoining parks, preserves or other protected lands.
(6) 
Include common greens. An individual green shall be 5,000 square feet to 30,000 square feet. Greens shall be surrounded by streets and dwellings on at least two and often three or four sides. Dwellings shall face the green. Common greens may be designed as terminal vistas within a street system.
(7) 
Provide for pedestrian paths and trails for use by the residents of the subdivision and/or the Township, except in those cases where part of the common open space is located within private residential lots. Consideration shall be given to providing for public access on such trails if they are linked to other publicly accessible pathway systems within the municipality.
(8) 
Provide pedestrian and maintenance access to common open space such that no more than 15 lots shall be contiguous to each other without a centrally located access point meeting the following standards:
(a) 
The minimum width of the access strip shall ideally equal the minimum width of a lot, and in no case shall be less than 50 feet.
(b) 
The minimum width of the access strip shall extend the full depth of the adjacent lots.
(c) 
Access to common open space used for agriculture or horticulture may be restricted or prohibited for public safety and to prevent interference with agricultural operations.
(9) 
Shall not include parcels smaller than three acres, have a length-to-width ratio of less than 4:1, or be less than 75 feet in width, except for such lands specifically designed as neighborhood greens, playing fields, trail links and boulevard or cul-de-sac islands. Where the total common open space is five acres or less, the common open space parcels may be as small as one acre.
(10) 
Directly adjoin the largest practicable number of lots within the subdivision or development. At least 75% of the lots shall directly abut or face common open space across a street.
(11) 
Minimize views of new dwellings from exterior roads and abutting properties by the use of changes in topography, existing vegetation, or additional landscaping which meets the landscaping requirements of the Subdivision and Land Development Ordinance.
(12) 
Common open space shall be delineated on the ground by any or all of the methods listed below.
(a) 
Markers.
(b) 
Small signs, no larger than 1.5 square feet.
(c) 
Individual sections of split rail or post-and-rail fencing, as long as the fencing is not continuous and does not restrict or prohibit public access.
(d) 
Vegetative plantings, landscaping.
(e) 
Other similar and appropriate methods.
C. 
A site analysis plan, required in § 170-20B(4), shall be completed prior to starting the four-step design process.
D. 
Four-step design process. Residential subdivisions proposed under the residential cluster design option in Zoning Ordinance Article XIV and containing common open space shall follow the four-step design process described below. Applicants are required to document the design process in accordance with Subdivision and Land Development Ordinance § 170-20B(4)(c)[7].
(1) 
Step 1: Delineation of common open space, including stormwater and wastewater management areas.
(a) 
Using the site analysis as a base map, constrained lands, historic, cultural and natural resources shall be delineated on the plan.
(b) 
Common open space shall include floodplains, wetlands and slopes over 25%, plus enough additional area of historic, cultural and natural resources to meet or exceed the minimum acreage requirement for common open space land set forth in the Zoning Ordinance.
[1] 
The applicant shall prioritize natural and cultural resources in terms of their highest to least suitability for inclusion in the proposed common open space in accordance with Subsections A and B, above.
[2] 
The locations and boundaries of constrained land shall follow the actual boundaries of the resource.
[3] 
Common open space shall be delineated in a manner clearly indicating common open space boundaries as well as the types of resources included within them.
(c) 
Preferred locations for stormwater and wastewater management facilities shall be identified using the site analysis plan as a base map.
[1] 
The design of these facilities should strive to use the natural capacity and features of the site to facilitate the management of stormwater and wastewater generated by the proposal.
[2] 
Opportunities to use these facilities as a buffer between the proposed common open space and development areas are encouraged.
[3] 
Stormwater management facilities should be located in areas identified as groundwater recharge areas.
(d) 
Development areas constitute the remaining lands of the tract outside the common open space, where dwellings, streets, and lots are to be delineated in accordance with Steps 2, 3 and 4 below.
(2) 
Step 2: Locations for dwelling units. Dwelling units shall be tentatively located, using the proposed common open space land from Step 1 as reference and orientation as well as other relevant data on the site analysis plan. Dwelling units shall be sited to:
(a) 
Fit the tract's natural topography;
(b) 
Be served by adequate water and sewerage facilities;
(c) 
Provide views of and access to adjoining common open space of other preserved land;
(d) 
Avoid encroaching upon common open space in a manner visually intrusive to users of such areas; and
(e) 
Be located at least 100 feet from floodplains, wetlands and slopes over 25%.
(3) 
Step 3: Alignment of streets and trails. Once dwelling units have been located, applicants shall delineate a street system that provides a safe pattern of vehicular and pedestrian access to each dwelling unit.
(a) 
Streets and trails shall conform to the tract's natural topography and provide for a safe pattern of circulation to, from and within the tract.
(b) 
A tentative network of trails shall be shown, where appropriate, providing access to natural and cultural features in the common open space. Potential trail connections to adjacent parcels shall also be shown where applicable.
(4) 
Step 4: Design of lot lines. Lot lines shall follow the configuration of dwelling locations and streets in a logical and flexible manner.
[Added 6-20-2022 by Ord. No. 254]
The design and improvement standards contained within Appendix F,[1] attached hereto, shall apply to mixed-use development and streetscape enhancements in the following manner:
A. 
The following design and improvement standards of Appendix F apply to mixed-use development and streetscape enhancements for properties abutting Route 41 or Route 7 in the UD District:
(1) 
Building arrangement, street network and parking location.
(2) 
Drive-through facilities.
(3) 
Pedestrian gathering areas and connectivity.
(4) 
Pier-fence-hedge combination.
(5) 
Street trees.
(6) 
Street lights.
(7) 
Sidewalks and crosswalks.
(8) 
Streetscape amenities.
(9) 
Bus shelters.
(10) 
Attached dwellings and multifamily dwellings.
[1]
Editor's Note: Appendix F is on file in the Township offices.