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.
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:
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:
(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.
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.
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.
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.
(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:
(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.
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.
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:
(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.
(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.
(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.
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.
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.
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:
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.
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.
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]
[2]
Editor's Note: Appendix E is included at the end of this chapter.
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.
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)
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:
[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.
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.
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.
(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.
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.
(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.
