Township of Upper Frederick, PA Design Standards

Conformance with adopted plans. The proposed road pattern shall conform to existing roads, to the Township Road Map, and to such county and state road and highway plans as have been duly adopted.

Arrangement. Roads shall be arranged in a manner to allow proper development of surrounding properties in relation to both existing and planned roads.

Conformity with topography. Roads shall be adjusted to the contour of the land so as to produce usable lots and roads of reasonable grade, alignment and drainage.

Grading. Roads may be graded to the full width of the ultimate right-of-way and provision made for slopes beyond the ultimate right-of-way in conformance with Township specifications.

Provisions of roads for future development. Access shall be given to all lots and portions of the tract in the subdivision and to adjacent unsubdivided land. Roads giving such access shall be improved to the limits of the subdivision. Remnants, reserve strips and land-locked areas shall not be created.

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

Dead-end roads. Dead-end roads are prohibited, unless designed as culs-de-sac or designed for future access to neighboring tracts in accordance with the requirements of § 240-37.

Road names. Continuations of existing roads shall be known by the same name. Names for new roads shall not duplicate or closely resemble names of existing roads. All road names are subject to the approval of the Township Planning Commission and the Board of Supervisors.

Half-roads. The dedication of half-roads at the edges of a new subdivision is prohibited. If circumstances render this impracticable, adequate provisions for the concurrent dedication of the remaining half of the road must be furnished by the subdivider, developer or builder.

Road alignment.

Sight distance on horizontal and vertical curves. Proper sight distance shall be provided with respect to both horizontal and vertical alignments. Measured along the center lines of the road and at the driver's eye height of four feet, sight distance shall be 800 feet for primary roads, 900 feet for secondary roads and 200 feet for local residential roads.

Horizontal curves shall be used at all changes in direction in excess of 1°. Long radius curves shall be used rather than a series of curves connected by short tangents. In all cases, long radius curves are encouraged. Minimum radius curves at the ends of long tangents shall be as follows:

Curvature. The minimum radius at the center line for horizontal curves on semi-controlled roads shall be 300 feet, on secondary roads 200 feet and on all other roads 150 feet.

Tangents between curves. Except for local roads, there shall be a tangent of at least 100 feet measured at the center line between reverse curves.

Vertical curves. Vertical curves shall be used at changes in grade of more than 1%. The length of the curve shall be approximately 50 feet on secondary roads and 25 feet on all other roads for each 1% of change in grade. Over summits or in sumps, vertical curves shall not produce excessive flatness in grade. The high or low point on a vertical curve shall be definitely and clearly shown.

Road grades.

There shall be a minimum grade of at least 1% on all roads.

Maximum grade. Grades in excess of 5% shall be avoided whenever possible. For distances of not more than 1,500 feet there shall be a maximum grade of 7% on primary and secondary roads and 10% maximum on all other roads. The grade shall be measured along the center line.

Curve-grade combinations. Combinations of minimum radius horizontal curves and maximum grades shall not be permitted.

Road intersections. The grade within 50 feet of any side of an intersection or the outer perimeter of a cul-de-sac shall not exceed 4%. The grade shall be measured along the edge of the cartway.

Road grading. All roads shall be graded to the grades shown on the road profile and cross-section plan submitted and approved with the preliminary plan of subdivision and land development. They shall be inspected and checked for accuracy by the Township Engineer.

Classification of roads.

Class of roads. All roads shall be classified as one of the following: semi-controlled access, feeder, residential/rural, rural, cul-de-sac.

Semi-controlled access highways which place lesser restrictions on the access of adjacent property owners by providing more frequent access points at grade-level intersections (e.g. with secondary streets, marginal access streets, etc.). They shall have a minimum right-of-way of 90 feet, appropriately widened at intersections for turning lanes, channelization, etc., and may contain:

Four two-foot travel lanes.

Two eight-foot shoulders.

An appropriate median.

Feeder roads shall be those which are used as connecting and through roads to serve residential areas and to connect residential roads to semicontrolled access highways and community facilities, with light traffic volumes. They shall have a minimum right-of-way of 60 feet. Construction of the road, curbing and sidewalk shall be in accordance with specifications hereinafter included.

Residential/rural roads shall be those which are used strictly to serve residential areas and do not serve as through roads in development. They shall have a minimum right-of-way width of 60 feet. Where on-road parking is to be permitted, paving width shall be 30 feet. Construction of the street, curbing and sidewalk shall be in accordance with specifications hereinafter included.

Rural roads. Rural roads are those not qualifying under any of the other classifications, and on which at least 75% of all road frontage consists of lots greater than two acres, with minimum lot widths of 200 feet. Rural roads shall have a minimum right-of-way of 50 feet and a minimum paved cartway of 18 feet.

Cul-de-sac roads shall be those roads with one end open for vehicular access and the other end terminating in a vehicular turnaround and shall be defined as follows:

Temporary culs-de-sac are those constructed to an abutting property line with the intention that such road will be extended onto the adjoining property at a future date as a logical step in the circulation network of the neighborhood, superblock or area. Temporary culs-de-sac shall be required by the Supervisors when conditions so warrant. Temporary culs-de-sac shall be governed by the same design standards as permanent culs-de-sac.

Permanent culs-de-sac provide access only to abutting lots within the tract being subdivided or developed. A permanent cul-de-sac:

Shall be constructed to the specifications of street curbing and sidewalks hereinafter included in these standards for residential roads.

Shall have a minimum right-of-way of 50 feet, a circular turnaround with a minimum right-of-way radius of 55 feet and an outer parking radius of 40 feet.

Shall not be approved as part of a four-way intersection or as a continuation of a through road, unless special conditions warrant approval of either of the above by the Board of Supervisors.

Shall not be approved when a through road is practicable.

Shall not be less than 250 feet nor more than 800 feet in length, measured from the near side of the cartway of the intersecting road to the farthest point of cartway of the turnaround, nor serve more than 10 dwelling units, unless special conditions warrant approval by the Supervisors.

[f]

Where it is proposed that a road be constructed to an abutting property line with the intention that such road will be extended onto the adjoining property at a future date, the temporary terminated cul-de-sac shall be constructed in the same manner as one permanently terminated; including the right-of-way width. Construction of the street curbing and sidewalk shall be in accordance with specifications hereinafter included in these standards.

Standard road widths. The minimum widths of the ultimate right-of-way (UROW) and the paving widths and the requirements for curbing shall not be less than the following:

Type of Road	UROW Width (feet)	Paving Width (feet)	Paving with Curbing (feet)
Semi-controlled access	90	24 to 48	40
Feeder	60	24	40
Residential	50	22	28
Cul-de-sac road¹	50	20	28
Rural	50	18	28

	NOTES:
	¹Turnaround dimension found in § 240-19D(1)(e)[2][b].

Road widths in excess of standard. The Board of Supervisors may also require widths in excess of the standards for the following reasons:

Where necessary for additional lanes for traffic volume, additional street parking, public safety and convenience.

For parking.

In addition, the Board of Supervisors may also require curbing for public safety, convenience, storm drainage and erosion control.

Road shoulders. All roads constructed without curbs shall have shoulders of a minimum width of eight feet and stabilized to control drainage and erosion.

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

Right-of-way use restrictions. No fences, hedges, trees, shrubbery, walls, plantings or other obstructions shall be located or permitted within the right-of-way except for ground covers such as grass, ivy, crown-vetch or horizontally spreading walls necessitated by road widening and constructed by the authority having jurisdiction over the road.

Traffic circulation.

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

Marginal access roads.

These roads serve as minor access to adjacent properties on only one side of the road. This type of road runs parallel with and adjacent to a road of feeder or greater classification and serves to reduce the number of access points which intersect the larger road, thereby increasing the efficiency and safety of traffic flow along the major road while providing adequate access to abutting development.

For development on all roads of feeder or greater classification, the Township reserves the authority to require a marginal access road, onto which individual driveways will have access.

All marginal access roads shall consist of an additional right-of-way abutting and measured from the ultimate right-of-way line of the major road as defined by the Township Official Map Summary. The right-of-way shall contain the features listed below, in the order listed, moving upward from the ultimate right-of-way line of the major, parallel road:

	Minimum Grass Strip (feet)	Cartway Width (feet)	Number of Type of Lane (feet)	Total ROW (feet)	Parking
Industrial	5	28	2 to 12 travel lane	40	Not allowed
Commercial	5	24	2 to 12 travel lane	40	Not allowed
Single-family 2-way	5	28	2 to 10 travel lane 1 to 8 parking lane	40	Allowed one side
Single family	5	18	1 to 10 travel lane 1 to 8 parking lane	30	Allowed one side

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

Where marginal access roads form a necessary leg of another classification of road, they shall be governed by the regulations of the other road classification.

If marginal access roads are not warranted, joint access driveways between lots should be provided from the cartway edge to the ultimate right-of-way line at a minimum and preferably further; provided, however, that in no case shall the length of the combined driveway be less than 25 feet.

For any driveway access provided on all roads of feeder or greater classification where a marginal access road is not warranted, a turnaround area for vehicles shall be provided.

Road intersections.

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

Minimum angle of intersection. Right angle intersections shall be used whenever practicable, there shall be no intersection angle, measured at the center line, of less than 60° minimum.

Center line. Where center line of streets open into opposite sides of a major artery within 100 feet of each other, they shall be made to coincide by curving the minor roads.

Minimum spacing of intersections on the same side of a road shall be a minimum distance equal to the depth of two lots of minimum width of a given district. Intersections on the same side of a semi-controlled access highway or feeder road shall be a minimum of 500 feet apart.

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

Approach criteria. All approaches to an intersection shall not exceed 4% for a distance of 50 feet measured from the nearest right-of-way line of the intersecting road and shall follow a straight horizontal course for 100 feet.

Radii of pavement and right-of-way at intersections. Road intersections shall be rounded with tangential arcs at pavement edge (curbline) and right-of-way lines as listed below. Where two roads of different right-of-way width's intersect, the radii of curvature for the widest road shall apply. The pavement edge (or curbline) radius and ROW radius should be concentric when possible.

Type of Road	Minimum Radius of Arc at Intersection of Pavement Edge or Curbline (feet)	Minimum Radius of Arc at Intersection of Right-of-Way Line (feet)
Semi-controlled access	40 (or more as may be required)	20
Feeder	30	20
Residential	25	15
Cul-de-sac	25	15
Rural	25	15

Road construction standards. All public streets of any new subdivision or land development shall be built to the standards and specifications contained herein, and to applicable State and Federal Highway Department specifications (e.g., Pennsylvania Department of Transportation Specifications, Publication 408, latest revision).

Subgrade.

The area within the limits of the proposed road surface shall be shaped to conform to the line, grade and cross-section of the proposed road.

All unsuitable subgrade materials shall be removed or stabilized.

Encroachment into wetland areas or the Floodplain Conservation District, where unavoidable, shall be done only after all required permits for such encroachment are obtained from Pennsylvania DEP, FEMA, U.S. Army Corps of Engineers or other agency having jurisdiction over such areas. Where permitted, such areas shall be permanently drained and stabilized. When deemed necessary by the Township Engineer, subbase drains shall be installed during construction. The proposed method of subgrade preparation for such areas shall be detailed on the Subdivision or Land Development Plan.

Fill material shall be suitable and thoroughly compacted for its full width, including shoulder areas, in uniform layers of not more than eight-inch thickness.

In fill areas over three feet thick, compaction tests are required in each eight-inch layer at one-hundred-fifty-foot intervals. The tests must be performed by a certified testing laboratory and results submitted to the Township Engineer. All compaction must be 100% of the maximum modified proctor density. Any layer not meeting this standard shall be removed or re-rolled until suitable compaction is obtained.

The subgrade beneath cartways, shoulders and sidewalks shall be thoroughly compacted to not less than 100% of the maximum modified proctor density.

Backfill of trenches within the cartway and curb area shall be thoroughly compacted before application of the base course. Refer to § 240-19G(6) for trench backfill specifications.

Before application of succeeding courses, the subgrade shall be checked and approved by the Township Engineer for lines, grade, crown, contour, suitable materials and compaction.

(i)

Crown board and straight edge shall be used for checking road and street construction. Maximum deviation shall not exceed 1/4 of an inch.

Base course.

Base course shall consist of five inches compacted thickness Superpave Bituminous Concrete Base Course (BCBC), installed on top of eight inches of PennDOT-approved subbase material.

[Amended 2-8-2007 by Ord. No. 2007-03]

The base course shall be rolled uniformly and thoroughly compacted according to the requirements of PennDOT Publication 408. Rolling shall continue until the materials do not creep or wave ahead of the roller wheels.

The base course shall extend 12 inches beyond the edge of paving on all streets constructed without a curb.

No base material shall be placed on a wet or frozen subgrade.

Bituminous surface.

Bituminous material shall be Superpave with two inches of binder course and 1 1/2 inches of wearing course.

[Amended 2-8-2007 by Ord. No. 2007-03]

When required by the Township Engineer, a tack coat shall be applied.

The completed road surface shall have a uniform slope of 1/4 inch per foot from center line to edge. On super-elevated curves, this slope shall not be less than 1/4 inch per foot, and shall extend up from the inside edge to the outside edge of the paving.

No visible moisture shall be present before the laying of each course. The road surface temperature shall be at least 50° F., with the air temperature rising, before laying of the bituminous surface.

At their junctures with curbs, existing streets and driveways, all wearing surface courses shall be sealed with a one-foot wide PG64-22 liquid asphalt gutter seal.

[Amended 2-8-2007 by Ord. No. 2007-03]

Application of all bituminous layers of roadway paving shall require full-time inspection by the Township, or its authorized representative.

The wearing course shall not be installed until approval to do so is granted by the Board of Supervisors. It is the objective of the Township to delay installation of the wearing course until a significantly high percentage of residential dwellings, nonresidential structures or site improvements have been constructed.

Failure to adhere to the above specifications shall give the Supervisors cause to refuse to accept roads for dedication.

Upper Frederick Township shall be provided with delivery slips for all materials used in the construction of streets.

Grading and shoulders.

Supporting shoulders shall be constructed on all sections of projects where a base course or pavement is to be constructed without other permanent support along the sides.

Roadways shall be graded for not less than eight feet beyond the edge of the proposed paving on each side. This grading width shall be increased as necessary where sidewalks and/or planting strips are to be provided. Shoulders shall be compacted and graded with a slope of one inch per foot. Beyond the limits of this grading, banks shall be sloped to prevent erosion, but this slope shall not exceed one vertical to three horizontal, with tops of slopes in cuts rounded. Steeper slopes shall be permitted only where excessive cut or fill would otherwise be required, a professional engineer certifies the soil stability and the Township Engineer approves the design.

For swales constructed between the pavement edge and the right-of-way line, cut slopes shall be limited to one vertical to two horizontal, and fill slopes shall be limited to one vertical to three horizontal.

Backfilling of road excavations. All trenches or other excavations in existing or proposed roads shall be backfilled in accordance with the following:

Backfilling shall be done as promptly as possible.

The trench shall be backfilled with coarse aggregate consisting of screenings, 2RC, 2A modified or other aggregate as approved by the Township Engineer, to a height of at least one foot above the top of the conduit, pipe or pipe bell. These screenings shall be free from refuse, boulders, rocks, unsuitable organic material or other material which, in the opinion of the Township, is unsuitable.

When the pipe is located in a dedicated street or any place where paving (including driveways) may be placed, the remainder of the trench shall be backfilled with 2RC or other approved materials and promptly compacted. The backfill material shall be mechanically tamped in approximately six-inch layers.

Permits shall be obtained before paving is opened in any existing state or Township road. Where openings have been made in existing Township roads, paving shall be restored in accordance with the paving standards contained in the Code of Ordinances. Openings made in state roads shall be restored in accordance with PennDOT specifications.

Openings made behind the curbline shall be backfilled to a depth of six inches below the original ground surface. The remaining six inches shall be filled with good topsoil and seeded or sodded to the satisfaction of the Township Engineer.

Whenever the trenches have not been properly filled or if settlement occurs, they shall be refilled, compacted and graded to conform to the surface of the ground.

Frozen earth shall not be used for backfilling, nor shall any backfilling be done when materials already in the trench are frozen.

Where excavated material, or any portion thereof, is deemed by the Township Engineer to be unsuitable for use as backfill, the applicant or applicant's agent shall replace backfill material with material approved by the Township.

The applicant shall notify all emergency service agencies when construction will affect accessibility on existing roads.

§ 240-20 Service drives; alleys; driveways; and parking areas.

[Amended 4-2-1992 by Ord. No. 92-1; 6-13-2013 by Ord. No. 2013-03]

The following requirements for service drives, alleys, driveways and parking areas shall apply, except in the TND option within a continuing care retirement community:

Service drives.

Alleys are prohibited in all zoning districts, except in the TND option within a continuing care retirement community, where alleys shall be designed in accordance with the standards in § 240-20B.

In commercial and industrial districts, without expressly designated loading areas, service drives with a minimum paved cartway width of 20 feet shall be required. Where such service drives dead end, they shall be provided with a turnaround having a radius of not less than 25 feet. Where tractor trailers are to be accommodated, additional space for maneuvering shall be provided.

Paving. The paving requirements shall be the same as for street paving.

Driveways.

Location.

Driveways shall be located in a manner not to endanger roadway traffic. Driveways shall be located at least 40 feet from a road intersection, unless the lot width for the zoning district prohibits such. Access shall be provided to the road of lesser classification when there are roads of different classes involved. Safe stopping sight distance and posted speed limits shall also be used as design criteria for driveway location. Verified roadway speeds may be used where the speed limits are not posted.

The Township Supervisors shall use the following criteria to guide them in determining driveway access to feeder and higher-classification roads. The Supervisors may use more-restrictive criteria when required.

Driveway accesses shall be at least 200 feet apart.

No more than five lots may have direct access to a feeder and higher-classification road. All the road frontage shall be considered a part of this requirement for lands held in single ownership.

Alternates to be considered for larger subdivisions shall be as follows, subject to the approval of the Township Board of Supervisors upon recommendation of the Planning Commission:

[i]

Provide reverse-frontage interior roads to be built according to standards for subdivision roads.

[ii]

Provide marginal access roads as per § 240-19.

Design and construction criteria.

The driveway shall have a minimum width of 10 feet with a fifteen-foot width used at the entrance and over the pipe or swale. A radius return of five feet minimum shall be used at the driveway entrance. Where curb is involved, the curb depression shall be two feet wider than the driveway and depressed 1 1/2 inches above the gutter line.

The driveway profile shall not exceed 4% within 20 feet of the edge of pavement and shall be no less than 1%. Beyond this point, the driveway slope shall not exceed 13%. The pavement cross slope shall be 3/8 inch per foot.

All drives shall be paved from the cartway to a point 10 feet beyond the legal right-of-way. This may be extended by the Township for long drives and areas of drainage problems. Paved driveways shall consist of two inches' minimum depth Superpave wearing course material on four-inch minimum depth PennDOT-approved subbase material.

The Township, upon field inspection, shall determine whether a pipe shall be used under the drive. The pipe, when required, shall be determined by drainage computations using a five-year storm frequency. The minimum pipe size shall be 15 inches, and it can be either corrugated galvanized metal pipe or concrete pipe. The pipe shall be located at least six feet from the edge of pavement unless field conditions, upon Township inspection, indicate modification of this criteria. The minimum length of pipe shall be 20 feet or extend at least two feet on each end beyond the edges of the driveway pavement.

When swales are used, the gutter shall be at least six inches lower than the edge of pavement and six feet from the edge of pavement. This criteria may be modified by the Township if field conditions dictate such.

Driveways for other than single-family residential use shall be designed in accordance with all the criteria for residential streets with the exception of right-of-way requirements.

Frontages of 150 feet or less shall be limited to one driveway. Exceptions may be made where the frontage exceeds 300 feet in length. Normally not more than two driveways need to be provided to any single property tract or business establishment.

Administration.

No building permit shall be issued nor any occupancy permit shall be issued as to any improvement or improvements in any district in this Township until the application for a driveway permit shall have been made, in writing, and a permit approved by the Township authorities, or other authority which may have jurisdiction over the road.

In the event of any faulty, defective or inadequate installation or design which does or is apt to impede the free flow of surface water across or under any such entranceway or render the entranceway or the public way unsafe to travel over the same, and upon certification from the Township Engineer and after written notice to the property owner or tenant in possession, the same shall be repaired or removed, and pipe of adequate design, strength and size shall be provided by the owner within 45 days of such notice. All such installations shall be made only after obtaining a permit in accordance with other provisions of this chapter, and as the same may be amended hereafter, and at the owner's sole expense.

Every permit issued for such underground installation or swale, as the case may be, shall be conditioned upon the agreement by the property owner in the application, and it shall be set forth upon the permit, that the property owner undertakes and agrees, for himself, his heirs, executors, assigns and/or successors, to maintain the same without expense to the Township at all times in a safe and usable manner.

Parking areas.

Automobile parking facilities shall be provided off roads, whenever reasonable, in accordance with the requirements of this chapter and Chapter 285, Zoning.

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

No one area for off-street parking of motor vehicles in residential areas shall exceed 30 cars in capacity. Separate parking areas on a parcel shall be physically separated from one another by ten-foot planting strips.

No less than 20 feet of open space shall be provided between the curbline of any parking area and the outside wall of the dwelling unit in residential areas.

No parking shall be permitted within 10 feet of any property line, therefore providing a sufficient buffer area which shall include a planting screen required in § 240-37 of this chapter.

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

Parking stall dimensions shall be not less than 10 feet in width and 20 feet in depth. Ten percent of the total stall area may be maintained in grass, provided that such grass area shall be separated from the paved area by a suitable car wheel stop or bumper, as approved by the Township Engineer.

Screen planting requirements shall be applicable to parking lot facilities, along the area fronting roads and along the area adjacent to other properties.

(i)

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

(j)

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

(k)

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

Angle of Parking (degrees)	Parking Stall (feet)		Aisle Width (feet)
	Depth	Width	1-Way	2-Way
90°	20	10	25	25
60°	21	10	18	20
45°	19	10	15	18

The following requirements shall apply for access drives, alleys and parking for the TND option within a continuing care retirement community:

General.

The provisions of this § 240-20B shall apply to access drives, alleys and parking areas in a traditional neighborhood design option within a continuing care retirement community development.

In the event of a conflict between the provisions or requirements of this § 240-20B and any other provision of this chapter, the provisions of this § 240-20B shall apply.

In furtherance, but not in limitation, of Subsection B(1)(b) above, alleys, as classified and defined in Subsection B(2)(c) below, shall be permitted in accordance with the provisions of this § 240-20B.

Access drives and alleys.

General.

The provisions of this § 240-20B(2) shall apply to access drives and alleys in a traditional neighborhood design option within a continuing care retirement community development.

Except as otherwise provided in this § 240-20B(2), all provisions established for roads in § 240-19 shall apply to access drives and alleys in a traditional neighborhood design option within a continuing care retirement community development.

Traffic system.

Alleys shall be permitted to service only residential areas within the TND option within a CCRC.

All access drives and/or alleys shall be considered a private improvement within the TND option within a CCRC, not intended for dedication to the Township at any time.

All access drives and/or alleys shall be constructed using six inches of PennDOT-approved subbase material, a four-inch Superpave bituminous concrete base course, and a one-and-one-half-inch Superpave wearing course.

On-street parking along the sides of access drives and alleys shall be allowed as provided in the Table of Design Standards and Specifications in Subsection B(2)(d) below.

Classification of access drives and alleys.

Access drive. An access drive shall serve as the primary means of circulation throughout the TND option within a CCRC. Access drives shall be used as through roads to serve residential areas and to connect with public streets.

Alley. An alley provides a vehicular means of access solely to the side or rear of dwelling units in a TND option within a CCRC.

Standard dimensions. The following Table of Design Standards and Specifications shall apply to access drives and alleys in a traditional neighborhood design option within a continuing care retirement community development:

Design Standards and Specifications
Street Type	Cartway Width (feet)	Travel Lanes	On-Street Parking (number of sides)	Sidewalk (feet)	Grass Strip (feet)	Curb	Curb Radii (feet)
Access Drive 1	22	2	None	4 minimum	4 minimum	Yes	25
Access Drive 2	26	2	1	4 minimum	4 minimum	Yes	25
Alley 1	12	1	None	No¹	N/A²	No	15
Alley 2	16	2	None	No¹	N/A²	No	15

NOTES:
¹	Dwelling units shall front on access drives or common open space and, therefore, will be served by the required sidewalks along those access drives or by a pedestrian sidewalk network throughout the open space areas.
²	Sidewalk is not required along alleys, which eliminates the ability to provide a grass strip. Grass cover shall be maintained up to the cartway in all areas, with the exception of residential driveways and parking spaces.

Access drive and alley alignment.

Sight distance. Proper sight distance shall be provided with respect to both horizontal and vertical alignments. Measured along the center lines of access drives and alleys from the driver's eye height of four feet, sight distance shall be 200 feet for access drives and 80 feet for alleys providing two-way circulation.

Horizontal curves. Horizontal curves shall be used at all changes in direction in excess of 1°. Minimum radius curves at the ends of tangents shall be as follows:

Curvature. The minimum radius at the center line for horizontal curves on access drives shall be 125 feet. The minimum radius for alleys shall be 50 feet.

Tangents between curves. There shall be a tangent of at least 100 feet, measured at the center line between reverse curves, for all access drives. The minimum tangent between reverse curves for alleys shall be 50 feet.

Intersection separation. Alley and access drive intersections shall be aligned or at a minimum spacing as follows:

Access drive to access drive: 125 feet.

Alley or access drive to alley: 100 feet.

Intersection approach distance. All approaches to an intersection shall not exceed 4% for a distance of 50 feet measured from the nearest intersection. A straight horizontal course shall also be provided for the following minimum distances:

Access drive: 100 feet.

Alley: 50 feet.

Clear sight triangle. Proper sight lines shall be maintained at all intersections for access drives and alleys by providing a clear sight triangle. No building, trees, hedge, shrubbery or other obstruction whatsoever will be permitted in this area. Measured along the center line from the point of intersection, a minimum clear sight triangle shall be provided for the following minimum distances:

Access drive: 75 feet x 75 feet.

Alley: 20 feet x 105 feet.

Parking areas.

General.

The provisions of this Subsection B(3) shall apply to parking areas in a traditional neighborhood design option within a continuing care retirement community development.

Except as otherwise provided in this Subsection B(3), all provisions established for parking areas in § 240-20A shall apply to driveways and parking areas in a traditional neighborhood design option within a continuing care retirement community development.

Parking areas.

Parking to building separation shall be:

Three or more contiguous parking spaces: 20 feet minimum.

Less than three contiguous parking spaces: none.

Angle or perpendicular parking shall be permitted along access drives which are not proposed for dedication to the Township and shall:

Be located a minimum of 30 feet from intersections.

Contain a maximum of 10 contiguous spaces.

§ 240-21 Sidewalks and curbs.

Sidewalks.

Sidewalks shall be provided along all roads in the R-30, CB, Cluster and Planned Residential Zoning Districts, except where in the opinion of the Board of Supervisors they are not necessary for the public safety and convenience.

Sidewalks shall not be less than four feet in width in residential areas. A greater width may be required in areas in which multifamily developments, commercial or industrial buildings are located, or as deemed necessary by the Board of Supervisors.

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

Crosswalks not less than 10 feet in width, and with concrete or asphalt paving not less than four feet wide may be required where necessary to provide access to schools, churches, parks and commercial areas. They shall be maintained by the abutting property owners in the same manner as sidewalks on public roads. However, driveway aprons shall be constructed of six-inch thick concrete with one layer of six inch by six inch #9 wire mesh for reinforcement.

Sidewalks shall be constructed so as to discharge drainage to the road, the grade of which shall not be less than 1/4 inch per foot. All concrete sidewalks shall be constructed on a four-inch crushed stone or gravel base to insure proper drainage and shall have a minimum thickness of four inches except under driveways where they shall have a minimum thickness of six inches. All concrete shall be the Pennsylvania Department of Transportation Class A (3,300 p.s.i., twenty-eight-day strength). All sidewalk improvements must be approved by the Township Engineer.

All construction and materials shall be in conformance with the Pennsylvania Department of Transportation Form 408.

Curbs.

Concrete curbs shall be installed along all roads in the R-30, CB, Cluster and Planned Residential Zoning Districts except where, at the discretion of the Board of Supervisors, they are not necessary for public safety and convenience. Concrete curbs shall be 18 inches deep, seven inches wide at the top and eight inches wide at the base. The normal distance from the top of curb to flow line of the gutter shall be eight inches.

Curbing shall be built in ten-foot lengths, and any approved expansion joint of 1/4 inch minimum thickness shall be used at each joint. A combination curb and gutter may be used at the option of the developer when approved by the Township Engineer. Where combination curb and gutter is used, it must be placed on a minimum of four inches of crushed stone or gravel to provide adequate drainage beneath the curb.

All concrete used in the construction of improvements shall be certified to develop a compressive stress of at least 3300 p.s.i. at 28 days with certification of the mix furnished to the Township Engineer.

Concrete shall be placed in forms that are straight and securely braced. Care shall be taken to control the water content to prevent separation of the aggregates. All concrete shall be thoroughly tamped into the forms. After the concrete has set sufficiently, the form shall be removed and the exposed surface shall be finished with an approved edging tool.

To provide for driveways, depressions in the curbing may be constructed and finished during the time of pouring.

All construction and materials shall be in accordance with Pennsylvania Department of Transportation, Form 408.

§ 240-22 Development blocks.

General. The length, width and shape of blocks shall be determined with due regard to:

Provision of adequate sites for buildings of the type proposed.

Zoning requirements.

Topography.

Requirements for safe and convenient vehicular and pedestrian circulation, including the reduction of intersections with primary arterials.

Size. Block length and width or acreage within bounding roads shall be such as to accommodate the size of lot required in the area by Chapter 285, Zoning, and to provide for convenient access, circulation control and vehicular and pedestrian safety. Whenever practicable, blocks shall be of such width as to provide two tiers of lots of the minimum size permitted under the applicable zoning classification.

Through lots. Double frontage lots are to be avoided and generally will not be permitted except where reversed frontage is desired away from a major thoroughfare to a road of lesser traffic volume.

Commercial and industrial blocks. For commercial or industrial use, the block size shall be sufficient in the judgment of the Board of Supervisors to meet all area and yard requirements for such use. Adequate provision shall be made for off-street parking and loading areas as well as for the flow of pedestrian and vehicular traffic so as not to inhibit the flow of such traffic on public rights-of-way.

§ 240-23 Lots.

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

Depth. Lots excessively deep in relation to width are to be avoided. A proportion of two to one is generally regarded as the desirable maximum for lots 60 feet or more in width unless a deeper lot is warranted because of previously existing man-made or natural constraints.

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

Corner lots. All corner lots shall be of sufficient size to comply with all yard requirements of the applicable zoning district.

Frontage. The frontage shall not be less than the minimum requirements of the applicable zoning district.

Sidelines. Whenever practical, the sidelines of a lot shall be set at right angles or radial to the right-of-way line.

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

Lot numbers. For the purpose of development, each subdivision may have an overall system of lot numbers, the number one being assigned to a lot in the first section to be developed.[1]

Editor's Note: See also Ch. 99, Buildings, Numbering of.

Rear lots. A rear lot may be permitted, subject to the following criteria:

Farmland, woods or other environmental amenities, if any, shall be preserved as a result of locating building lots away from existing roads.

Access strips shall be located so as to serve as logical sites for future roads, in the event of future resubdivision, and are reserved for such purpose by a note on the final plan and in the deed for the lot.

Design standards.

General. A rear lot shall be connected to a public street by an access strip held in fee simple ownership as part of the rear lot. Further subdivision of a rear lot shall require a public road as access.

Dimensions. Access strips shall be at least 50 feet wide; shall not exceed a vertical grade of 10%; and should contain no horizontal turn greater than 45°, where practical.

Layout. No more than two access strips may abut another.

Common access and driveways. Each pair of abutting access strips must share a common access point, and may share a common driveway in conformance with § 240-19E(3) and (4). A road frontage lot abutting such a pair of access strips may likewise share the access point or driveway in conformance with § 240-19E(4).

Spacing. Access points to rear lots, single or paired, onto a public road must be separated by at least 300 feet, as measured along the ultimate right-of-way.

Location. The location of the access strip must, in the opinion of the Township Board of Supervisors, be deemed logical and proper relative to the bulk of the rear lot and surrounding property configurations, upon the advice of the Township Engineer; and shall not in their opinion adversely affect sensitive or significant environmental features.

Use of rear lots. The use of rear lots may be permitted under only extreme cases where no other options are available. Rear lots shall not be utilized as a means of avoiding the construction of public roads.

Further subdivision. Further subdivision of any existing rear lot which would create additional rear lots is prohibited.

§ 240-24 Subdivision or land development with existing structures on land.

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

If structure(s) is to remain:

In residential zoning districts of the Township, the lot and lot dimensions of the newly created lot containing the structure(s) must be in scale with the height and bulk of the structure, even if this requires a lot area and/or dimensions exceeding the minimum zoning requirements for that district.

In cases where the principal building use has not been as a dwelling, its conversion to a dwelling shall comply with all of the requirements of Chapter 285, Zoning, and Chapter 112, Code Enforcement, of the Township Code.

If existing structure(s) is to be removed subdivision or land development approval will be issued upon expeditious removal of existing structures in complete conformity with all other Township procedural requirements. In commercial and industrial areas, plots of land that have been cleared, as well as the existing vacant portions of such lands should be developed in conformity with the long range needs of the area to the extent possible. All developmental requirements embodied in the Building Code and Zoning Regulations shall be adhered to.

If existing structure(s) is to be replaced or is to be added onto demolition plans and/or construction plans must be detailed as part of the subdivision plan review and subsequent subdivision approval will be conditional upon compliance with said proposed details. Renovation work to the remaining portion of a structure following partial demolition must be completed promptly and expeditiously.

§ 240-25 Grading.

Excavation or fill. No permanent excavation or fill shall be made with a face steeper in slope than three horizontal to one vertical, except where grading of excavation or fill to a 3:1 slope is impossible due to rock conditions and under one or more of the following conditions:

The material in which the excavation is made shall be sufficiently stable (i.e., rock, etc.) to sustain a slope of steeper than three horizontal to one vertical, and a written statement of a civil engineer, licensed by the Commonwealth of Pennsylvania and experienced in erosion control, to that effect is submitted to the Township Engineer and approved by him. The statement shall state that the site has been inspected and that the deviation from the slope specified herein before will not result in injury to persons or damage to property.

A concrete or stone masonry wall constructed according to present or future designs of the Township may be provided to support the face of the excavation or fill upon the approval of the Township Engineer.

The excavation or fill shall be contained entirely inside the property lines of the property on which the excavation or fill is made.

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

Site grading plan. The Township Engineer shall require a grading plan in conjunction with the plan of subdivision or land development in order to ensure compliance with the above standards. The grading plan must be approved by the Township Engineer before grading is started. A grading plan shall not be required for single-family dwellings on lots that are 1/2 acre or larger.

§ 240-26 Drainage.

Blocks and lots. Blocks and lots shall be graded to secure proper drainage away from buildings and to prevent the collection of stormwater in pools. A minimum of 2% slope away from structures shall be required.

Design. All drainage provisions shall be of such design as to carry surface water to the nearest practical road, storm drain or natural watercourse. Where drainage swales are used to deliver surface waters away from buildings they shall not be less than 1% grade and not be more than 4% grade. The swales shall be sodded, planted or provided with other erosion control measures as determined by the Township Engineer and shall conform with the shape and size specifications of the Township Engineer.

Concentration. Concentration of surface water runoff shall be permitted only in watercourses.

Construction. The subdivider shall construct and/or install such drainage structure and/or pipes which are necessary to prevent erosion damage and to satisfactorily carry off such surface waters to the nearest practical road, storm drain or natural watercourse in accordance with current State Erosion Control and Sedimentation Regulations.

Multifamily or nonresidential areas. To minimize the effects of increased runoff, roof drainage shall be conveyed by downspouts and other drainage facilities constructed under the sidewalk and through the curb, or to a storm sewer, stormwater detention and control structure, or natural watercourse, if available, as determined by the Township Engineer.

Open watercourses will be permitted where they exist naturally and where they will not interfere with public convenience or safety.

When submitting a plan for approval involving the construction of storm drains, the designer shall use the following formula:

Rational Formula for Amount of Runoff
in which	Q =	runoff from district in cubic feet per second
	C =	runoff coefficient
	i =	the average intensity of rainfall, in inches per hour, for a period of maximum rainfall of a given frequency of occurrence, and having a duration equal to the time required for runoff from the furthest point in the drainage area to the point considered in design
	A =	drainage area of district in acres
The designer shall consult the Township Engineer who will furnish the appropriate values to use in the formula. Storm drains shall be adequate for the anticipated runoff when the area is fully developed as permitted by zoning. They shall have a minimum internal diameter of 15 inches and a minimum grade of 0.5% unless otherwise approved by the Township Engineer. The rainfall frequency shall be 15 years with a one-hundred-year frequency required in floodplain areas.

The designer's computations shall be submitted in duplicate to facilitate the checking of design.

Natural drainage/easements. Natural drainage should be encouraged wherever possible unless the Township Engineer determines it is infeasible. Drainage easements shall be required along natural watercourses to a minimum width of 15 feet from the center line and may be used for storm and sanitary sewers and open space. Where conditions warrant, such as in floodplains, additional width shall be required in such cases where runoff treatment requires a wider easement. Runoff studies submitted by an applicant must prove such requirements beyond the floodplain.

Dedication. Where stormwater or surface water will be gathered within the subdivision or land development and discharged or arranged in volume over lands within or beyond the boundaries of the subdivision or land development, the subdivider, developer or builder shall reserve or obtain easements over all lands affected. The easements shall be adequate for such discharge of drainage and for carrying of such water and for the maintenance, repair and reconstruction of the same, including the right of passage by vehicles, machinery and other equipment for such purposes and which shall be of sufficient width for such passage and work. The subdivider, developer or builder shall convey at no cost the easements to the Township upon demand.

Requirements.

Storm drains, storm and surface drainage. All storm drains and drainage facilities such as gutters, catch basins, bridges and culverts shall be installed and the land graded for adequate drainage as shown on the grading plan, and shall conform to applicable Township standards. Storm drains and appurtenances must be constructed by the subdivider or developer to take surface water from the bottom of vertical grades (the grades of which slope on both sides toward the bottom) to lead water away from springs, and to avoid excessive use of cross gutters at road intersections and elsewhere. All surface waters shall be enclosed in a storm drain.

Location. Whenever-practicable storm drains shall be located within the cartway of the road. They shall be protected by a cover of at least 12 inches.

Change in direction. Special curved storm drain sections may be used at all changes in direction unless approved otherwise by the Township Engineer. Manholes shall be constructed at all changes in horizontal alignment, shall be spaced not more than 300 feet apart on pipe of 24 inches internal diameter or less, and not more than 500 feet apart where larger sizes are installed. Inlets may be substituted for manholes where they will serve a useful purpose.

Inlets. Inlet spacing shall be so arranged that 95% of the gutter flow will be captured. No inlet smaller than PennDOT Type "C" (four-foot) shall be used on roads with grades of 4% or less. PennDOT Type "C" (six-foot) inlets shall be used on roads with grades of more than 4%. Inlets at road intersections shall be placed on the tangent and not on the curved portions. The gutter adjacent to and immediately upgrade from the inlet shall be so warped as to direct the water into the inlet.

Castings. Manhole and inlet castings, together with their covers or gratings, shall conform to Township standards, as may be in effect at the time the design of the sewer is submitted. All storm sewer manhole castings shall have the word "storm" cast into the lid. All manhole castings shall be of the type capable of accommodating highway loadings.

Stormwater roof drains. Stormwater roof drains and pipes shall not discharge water over a sidewalk, but shall extend under the sidewalk to the gutter. Where storm drains are accessible, the roof drain shall be connected thereto.

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

Drainage from nonnatural sources. Water originating from other than natural sources, such as air conditioning units, sump pumps or other dry weather flow, wherever practicable, shall be discharged into natural watercourses on the property. These facilities shall not discharge water under the sidewalk through the curb into the gutter.

Foundation underdrain. Foundation underdrain shall be used when directed by the Township Engineer for the purpose of removing spring water or soft spots in the roadway area.

Design submission.

All plans showing the proposed storm sewer construction must be accompanied by a complete design submitted by the registered engineer or surveyor.

When subdivisions or land developments are submitted to the Township for approval in sections, a complete storm sewer design for the proposed subdivision and land development shall be submitted. The proposed design must include the entire tract and not a portion.

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

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

§ 240-27 Reserve strips; rights-of-way and/or easements; deeds.

Reserve strips. Controlling access to roads, subdivisions or adjacent areas is prohibited.

Rights-of-way and/or easements for sanitary utilities, road construction or maintenance, drainage purposes, public utilities, or for any specific purpose shall be required by the Board of Supervisors as needed. The location and width in each case shall be determined by the Board of Supervisors.

Buildings shall be setback five feet from the nearest side of the utility right-of-way or easement to the proposed building.

Nothing shall be placed, planted, set or put within the area of an easement and the area shall be kept as lawn.

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

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

No right-of-way nor easement for any purpose whatsoever shall be recited or described in any deed unless the same has been shown on the approved plan.

An error found in a deed shall be immediately corrected and rerecorded at the sole expense of the subdivider at the Montgomery County office of the Recorder of Deeds in Norristown, Pennsylvania.

Utility easements. A minimum width of 20 feet shall be provided for common utilities and drainage when provided in undedicated land. Nothing shall be placed, planted, set or put within the area of an easement, and the area shall be maintained as lawn. An additional five-foot width shall be added to the easement width of each utility placed in the common easement.

§ 240-28 Public utilities.

All water and gas mains and other underground facilities shall be installed prior to road paving at locations approved by the Township for the full width of the right-of-way.

All gas and water mains shall be installed underground. All electric, telephone and communication services both main and service lines shall be provided by underground cables, installed in accordance with the prevailing standards and practices of the utility or other companies providing such services. All main underground cables which are within the right-of-way of a road shall be located as specified to the satisfaction of the Township Engineer.

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

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

Light standards are to be placed as required by ordinance. Power source for such standards shall be placed underground as required.

Along collector roads and major highways all new electrical service should be placed underground.

§ 240-29 Sanitary sewers.

[Amended 8-13-1998 by Ord. No. 98-4]

Sanitary sewers shall be installed and connected to the Township sanitary sewer system. Where the subdivision or land development necessitates a capital improvement of the Township sanitary sewer system, the applicant shall pay that portion of said capital expenditure as is necessitated by the subdivision or land development.

In order to facilitate the treatment of wastewater, sewage treatment facilities must be installed by the developer subject to the rules and regulations promulgated under Act 537, the Pennsylvania Sewage Facilities Act, as contained in the Department of Environmental Protection, Subpart C, Article I, Chapters 71 and 73. Prior to final plan approval the following should be certified:

Assurance that the proposed sewage facility is in compliance with the Township Sewage Facilities Plan, as specified in Chapter 71, as referenced above.

Permit granted by the certified local sewage enforcement officer for the installation of an individual or group sewage system, pursuant to Chapter 73 as referenced above.

Assurance other than required federal and state wastewater permits will be obtained in due course.

Size and grade. Sanitary sewers shall have a minimum inside diameter of eight inches and a minimum grade of 0.5%.

Manholes. Manholes shall be located at intervals of 250 feet and at each change of line or grade. In exceptional cases, the interval may be extended to not more than 300 feet. Manhole appurtenances shall conform to current Township standards.

Laterals. Lateral connections to each lot shown on the final plan shall be installed to the right-of-way line of the road. Each building shall have a separate connection to the Township Sanitary sewer system, when accessible.

§ 240-30 Water supply.

[Amended 4-2-1992 by Ord. No. 92-1; 7-10-1997 by Ord. No. 97-5]

The applicant shall provide a reliable, safe and adequate water supply to support the intended uses approved as part of the development plan.

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

Wells. The location of any existing or proposed well shall be shown on the preliminary plan for each lot and adjoining lot, where applicable.

Hydrants. Fire hydrants shall be located at accessible points throughout the subdivision when central water supply is available, and shall be sufficient in number to ensure adequate fire protection.

Water resources impact study.

Intent. Water resources impact studies are intended to show if there is an adequate supply of quality water for a proposed use and to estimate the impact of additional water withdrawals on existing nearby wells, underlying aquifers and streams.

When required.

Since Upper Frederick Township is located within the Southeastern Pennsylvania Groundwater Protected Area of the Delaware River Basin Commission (DRBC), all projects withdrawing 10,000 gpd or greater of groundwater or surface water, or a combination of these two sources, are required to obtain a permit from DRBC whenever the water is withdrawn from a common community well(s). These projects are not required to submit a water impact study; however, copies of all submissions by the applicant to DRBC must be sent to the Township. Additionally, copies of all submissions to the Department of Environmental Protection (DEP) and all correspondence received by the applicant from DEP shall be forwarded to the Township.

Water impact studies are required for projects that withdraw over 10,000 gpd and do not have to get a permit from DRBC or for projects withdrawing less than 10,000 gpd and which fall into one of the following two categories, unless waived by the Board of Supervisors:

Subdivisions that contain five or more dwelling units and have an overall gross density greater than on house per two acres as shown on the final plan, with the area of lots greater than 10 acres excluded from the density calculation.

All land developments intended for nonresidential use (i.e., industrial, commercial, institutional).

Effect of water resources impact study. The Township will not approve any subdivision or land development where a Phase II Water Impact Study, described in Subsection D(4)(c), shows that the proposed water system:

Does not provide an adequate supply of water for the proposed use, considering both quality and quantity.

Adversely affects nearby wells and streams.

Does not provide for adequate groundwater recharge, considering withdrawals.

Requirements. All water impact studies must meet the following requirements:

The study shall be prepared by a hydrologist, geologist or professional engineer qualified to conduct groundwater investigations.

A Phase I Study shall be conducted for all projects required to do a water resources impact study. The Phase I study shall be based upon available literature and appropriate professional judgment and shall include the following information:

Calculations of the projected water needs using the criteria set forth in the following references:

"Public Water Supply Manual," Bureau of Water Quality Management Publication No. 15, by the Pennsylvania Department of Environmental Protection, as amended.

"Guide for Determination of Required Fire Flow," by the Insurance Services Office (ISO), as amended.

American Water Works Association, Standards and Manuals for the American Water Works Association, Denver, Colorado, as amended.

A geologic map of the area within a one-mile radius of the site boundary.

The location of all faults, lineaments and fracture traces within a 1/4 mile of the site boundary.

The locations of all existing and proposed wells within 1/4 mile of the site boundary and all large wells (10,000+ gpd) within one mile of the site.

The locations of any public or private water distribution lines within 1/4 mile radius of the proposed site.

The location of all existing and proposed onlot septic systems within 1/4 mile of the site boundary.

The location of all streams, perennial and intermittent, within 1/4 mile of the site boundary.

A discussion of the aquifers underlying the site and their long term drought recharge capability based on accepted published data or detailed site specific investigations.

[9]

Based on the drought recharge capability of the underlying aquifer and the calculated daily groundwater withdrawals of the project, a hydrologic budget shall be calculated for the site property itself, and for the area within 1/4 mile of the site boundary.

[10]

Based on the results of the hydrologic budget, a determination shall be made on whether or not the potential exists for adverse effects on the hydrologic environment caused by the project.

[11]

Any available water quality information for area groundwater based upon tests of wells within a one-mile radius.

[12]

Potential sources of water quality impact such as wastewater treatment systems, industrial sites, agricultural chemical or solid waste disposal facilities existing within 1/4 mile of the site boundary should be analyzed.

[13]

The study shall include a brief statement of the qualifications of the person(s) preparing the study.

[14]

The study shall consider data and conclusions within the following studies:

Special Groundwater Study of the Delaware River Basin-Study Area II (Delaware River Basin Commission, 1982).

Groundwater Resources of the Brunswick Formation in Montgomery and Berks Counties, Pennsylvania, Bureau of Topographic and Geologic Survey (1965).

Groundwater Resources of Montgomery County, Bureau of Topographic and Geologic Survey, 1971.

Previous reports by other developers in the Township which are determined to be relevant by the Township.

Any other report determined to be relevant by the Township.

[15]

Technical criteria.

The text of reports shall contain pertinent data, analysis and methods used to arrive at the report's conclusions. Appendices shall contain raw and summary data.

All figures contained in reports shall contain complete legends, titles and scales.

All numerical parameters within reports shall be presented with appropriate units and all data shall be referenced by sources, data, location and time, where appropriate.

A Phase II Water Resources Impact Study shall be conducted when the results of the Phase I Study identify potential water supply problems as determined by the Township Engineer or if the total amount of water to be withdrawn is greater than 10,000 gallons per day and the development was not required to obtain a permit from DRBC. The Phase II Study shall include:

A pumping test will be performed in the following manner:

The test shall include on pumping well, roughly centered onsite.

One pumping test (done separately) shall be required for each 160 acres of the proposed subdivision, or fractions thereof.

The test shall be conducted with a pumping rate 20% greater than the proposed peak rate of groundwater use for the average well to be built.

During construction of the test well, the drillers shall keep an accurate geologic log of the type and thickness of rocks encountered, of the depth and thickness of all water bearing zones encountered and the yield from each zone.

The pump test will be conducted for 24 hours after static equilibrium has been reached.

[f]

The test shall be conducted during a period when no significant recharge has occurred, unless influence of recharge can be factored out.

[g]

Analysis shall include all pumping and recovery calculations of hydraulic conductivity (directional) and specific yield, specific capacity and long term sustainable well yield (tabulated).

[h]

To determine the impact of the project well on existing wells, a representative sample of existing wells, evenly spaced around the pumping well within 1/4 mile shall be monitored. Sufficient well monitoring shall be performed to allow for the construction of hydrographs showing a continuous record of well levels before, during and after the pumping test. In the absence of existing wells, an observation well shall be located at a distance of 150 to 200 feet from the proposed production well site, within the same fracture based upon a fracture trace analysis conducted at the site, and in no case shall the observation well be located at a distance over 500 feet from the proposed production well site.

Samples of water should be drawn from all test wells onsite prior to the termination of the pump test. An analysis of the parameters listed below shall be performed on the samples by a laboratory certified by the Pennsylvania Department of Environmental Protection. Lab analysis should be performed in accordance with "Standard Methods for the Examination of Water and Wastewater," latest edition.

	Turbidity	Calcium hardness
	Color	Iron
	Odor	Manganese
	pH	Fluoride
	Total alkalinity	Nitrates
	Hardness	Total solids
	Bacteria (total plate count, total coliform/100 milliliters)

A Phase II report shall be prepared and submitted to the Township. In addition to the information required for the Phase I report, the Phase II report shall include the following information:

The name of the driller and personnel conducting the test.

A complete description of the test well or wells that includes horizontal and vertical dimensions, casing installation information and grouting details.

A list of geological formation samples.

The static water level immediately prior to yield testing.

A hydrograph of the depth to water surface during test pumping and recovery period at the test well or wells showing corresponding pump and discharge rate in gallons per minute and the time readings were taken.

[f]

A log of depth to water surface for existing and observation wells during the test pumping period showing the time readings were taken.

[g]

An analysis and interpretation of the impact of a proposed water supply and distribution system on the groundwater and existing wells.

Should the pumping test reveal an impact on the existing groundwater supply and/or wells within a one-half-mile radius, the applicant shall comply with one of the mitigation guidelines below, as approved by the Board of Supervisors:

Provide, at the applicant's cost, affected well owners with a safe and reliable water supply by either connecting to a proposed community water supply and charging rates equal to the rates charged for the proposed development or making improvements to the affected well.

Improve the proposed well(s) in such a way that the effect on existing wells is eliminated.

Other action or improvements to mitigate effect on existing wells.

§ 240-31 Floodplain areas.

[Amended 2-11-2016 by Ord. No. 2016-03]

Any lot or tract of land that is proposed for subdivision or land development which contains or is adjacent to a watercourse, may contain areas of Identified Floodplain which is defined, and has boundaries established, as set forth in Chapter 140, Floodplain Management. Areas of Identified Floodplain are subject to all the regulations of Chapter 140, Floodplain Management, as well as to all of the regulations of Article XVI, Floodplain Conservation District as set forth in Chapter 285, Zoning.

§ 240-32 Special drainage problems and watercourses.

Any development which creates a significant change in the characteristics of the watershed, thus increasing volume and velocity of surface water runoff, due to the decrease in retention and infiltration of stormwater, shall not be permitted until guarantees are made of improvements that will reduce the likelihood of erosion, sedimentation, inundation and water drainage from peak periods of precipitation and shall provide for controlled disposal of excess surface water. Such improvements must satisfy the Township Engineer and the requirements and regulations of the Pennsylvania Department of Environmental Protection, Bureau of Water Quality Management and Dams and Encroachments.

All continuously flowing natural watercourses shall be maintained at their natural alignments and gradients.

Intermittent watercourses shall be maintained essentially at their existing alignments and gradients. Paving of such watercourses shall not be allowed, nor shall piping, except under roads, driveways and walkways.

Surface water runoff control measures shall be designed to restrict peak flow of stormwater runoff from the property during and after development to the same volume as existed prior to development, based upon calculations for a storm of one-hundred-year frequency (seven-inch rainfall in 24 hours) by use of methods to withhold, disperse and release at a controlled rate, all runoff over and above that which would have occurred from the land prior to development.

Where, based upon the recommendations of the Township Planning Commission, the Soil Conservation District or the Township Engineer, storm sewers and culverts are required, installations shall be provided to:

Permit unimpeded flow of natural watercourses.

Ensure adequate drainage of all low points along the line of streets.

Intercept stormwater runoff along streets at intervals related to the extent and grade of the area drained.

Provide positive drainage away from onsite sewage disposal facilities.

Storm sewers and related installations shall be required only when the runoff stormwater cannot be satisfactorily handled within the street.

Where existing storm sewers are reasonably accessible, proposed subdivisions shall be required, if feasible, to connect therewith.

In the design of storm drainage facilities, concentration of stormwater runoff shall be avoided.

Storm drainage facilities shall be designed to meet the following criteria: Storm sewer piping, inlet systems and culverts across roadways shall be designed for a storm of one-hundred-year frequency (seven inches in 24 hours), the same as for control measures as prescribed by Subsection E(9), hereinbelow.

Where a subdivision or development is traversed by a watercourse, drainageway, channel or stream, there shall be provided a drainage easement conforming substantially with the high water line of such watercourse attributable to a flood of one-hundred-year frequency, in order to preserve the unimpeded flow of natural drainage, and to provide for future possible widening, deepening, relocating, improving or protecting of such drainage facilities. Any changes in the existing drainageway shall be subject to the approval of the Township Engineer and the Pennsylvania Department of Environmental Protection.

It shall be the responsibility of the applicant to obtain all stormwater easements on, over or through other properties.

§ 240-33 Erosion and sediment control. [1]

[Amended 8-13-1998 by Ord. No. 98-4]

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

No subdivision or land development plan shall be approved unless:

There has been a plan approved by the Board of Supervisors that provides for minimizing erosion and sedimentation consistent with this section, and an improvement bond or other acceptable securities are deposited with the Township which will insure installation and completion of the required improvements; or

There has been a determination by the Board of Supervisors that a plan for minimizing erosion and sedimentation is not necessary.

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

In addition, the developer shall submit data, including proposed dates where relevant, to indicate that the subdivision or development will be carried out in compliance with the following principles:

Where feasible, natural vegetation should be protected and natural grade alterations kept to a minimum.

The smallest practicable area of soil should be exposed at any one time during development or construction.

When soil is exposed during development or construction the exposure should be limited to the shortest practicable period of time.

Temporary ditches, dikes, vegetation and/or mulching shall be used to protect critical areas exposed during development or construction.

Permanent vegetation and erosion control structures should be installed as soon as practicable during construction activities.

Provisions should be made to accommodate effectively the increased runoff caused by changed soil and surface conditions during and after development or construction.

Sediment basins (debris basins, desilting basins or silt traps) shall be installed and maintained to remove sediment from runoff waters from land undergoing development.

Excavations and fills.

Cut and fill slopes shall not be steeper than 3:1 unless stabilized by a retaining wall or cribbing, except as approved by the Board of Supervisors when handled under special conditions.

Adequate provisions shall be made to prevent surface water from damaging the cut face of excavations of the sloping surfaces of fills.

Cut and fills shall not endanger adjoining property.

No increased surface runoff will be permitted to leave the property being subdivided or developed by way of natural watercourses or storm drainage pipes, without first being suitable retained in such a way as to maintain runoff volume existing on the site previous to subdivision or development.

Fill shall be placed and compacted as so to minimize sliding of erosion of the soil.

Fill shall not encroach on natural watercourses or constructed channels.

Fill placed adjacent to natural watercourses or constructed channels shall have suitable protection against erosion during periods of flooding.

Grading shall divert water into the property of another landowner without the written consent of that landowner and the approval of the Board of Supervisors.

During grading operations, measures for dust control shall be exercised.

Grading equipment shall not be allowed to cross live streams. Provisions shall be made for the installation of temporary culverts, or bridges, if necessary.

Responsibility.

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

Maintenance of all drainage facilities and watercourses within any subdivision or land development is the responsibility of the developer until they are accepted by the Township or other official agency, after which they become the responsibility of the accepting agency.

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

Maintenance of drainage facilities or watercourses originating and completely on private property is the responsibility of the owner to their point of open discharge at the property line or at a communal watercourse within the property.

No person, corporation or other entity shall block, impede the flow of, alter, construct any structure, or deposit any material, or commit any act which will affect normal or flood flow in any communal stream or watercourse without having obtained prior approval from the Township or the Pennsylvania Department of Environmental Protection whichever is applicable.

Any person, corporation or other entity which makes any surface changes shall be required to handle existing and potential off-site runoff through his development by designing facilities to adequately handle storm runoff from a fully developed area upstream.

Compliance with regulations and procedures.

Stream channel construction on watersheds with drainage areas in excess of 320 acres, or in those cases where downstream hazards exist, shall conform to criteria established by the Pennsylvania Department of Environmental Protection.

Final plans for minimizing erosion and sedimentation as approved shall be incorporated into the agreement and bond requirements as required under Article VI of this chapter.

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

In the event the developer proceeds to clear and grade prior to recording plats, the Board of Supervisors may revoke the approval of the preliminary plan.

Editor's Note: See also Ch. 219, Soil Erosion, Sedimentation and Grading Control.

§ 240-34 Bridges and culverts.

[Amended 8-13-1998 by Ord. No. 98-4]

Bridges and culverts shall be designed to meet current Pennsylvania Department of Transportation Standards to support expected loads and to carry expected flows. They shall be constructed to the full width of the right-of-way. Township design criteria shall be used when required by the Township.

All drainage designs shall be submitted to Pennsylvania Department of Environmental Protection, Chief of Obstructions and Floodplain Management, whenever a culvert or structure is placed in a watercourse which has a defined bed and banks, whether natural or artificial and with perennial or intermittent flow.

A permit for a bridge or culvert from the Pennsylvania Department of Environmental Protection will be required for a drainage area of 320 acres and a review and permit determination by the Pennsylvania Department of Environmental Protection for areas smaller than 320 acres and which meet the criteria of Subsection B.

§ 240-35 Survey monuments.

Monuments shall be of stone or concrete and located on the right-of-way lines at corners, angle points, beginning and end of curves, and as otherwise required. Monuments shall be indicated on all plans. They shall be placed after a new street has been completed. The center line of all new streets shall be marked with spikes and referenced to permanent monuments or structures. A certified copy of this referenced information shall be given to the Township Engineer. Permanent reference monuments of case concrete or durable stone 20 inches by four inches, with 45° beveled edges shall be set by the subdivider, developer or builder, at all corners and angle points of the boundaries of the original tract to be subdivided and at all street intersections and intermediate points as may be required.

Bench marks. The Township elevations are based on the United States Geological Survey Datum. Location and elevation is available to all engineers and surveyors upon request to the Township Engineer's office. All contours and elevations shown on plans must be based on this system.

Staking requirements. All lots shall be staked by a registered surveyor for the subdivider, builder or developer, when final grading has been completed. This stake out shall be visible and completed before an owner or occupant moves into the property. All lot corner markers shall be permanently located and shall be at least 5/8 inch metal pin with a minimum length of 24 inches located in the ground to existing grade.

§ 240-36 Natural or historic feature preservation.

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

Tree preservation. All trees six inches or more in caliper at breast height should not be removed unless within the proposed right-of-way line of a road or impractical for development. Relocation of noteworthy plant material should be encouraged where retention is impractical.

Topsoil preservation. No topsoil shall be removed from the site or used as spoil. Topsoil must be removed from the areas of construction and stored separately. Upon completion of the construction, the topsoil must be redistributed on the site uniformly. All areas of the site shall be stabilized by seeding or planting on slopes of less than 10% and shall be planted in ground cover on slopes over 10%.

Preserved landscaping. In order to promote the highest environmental quality possible, the success to which the applicant of a subdivision or land development plan has preserved existing salient natural features and land forms intrinsic to the site, shall be assessed. Terms of approval of a plan may be subject to the manner in which the layout or design of the plan has preserved existing natural features. When there is a conscientious plan to preserve the existing natural integrity and character of a site and where such preservation includes areas of woodland and trees comparable to required planting improvements, such as landscaping and buffer screening, the plan may be received in lieu of additional landscaping requirements upon recommendation of the Township Planning Commission.

§ 240-37 Landscaping.

[Amended 3-14-1996 by Ord. No. 96-1; 9-10-2009 by Ord. No. 2009-08]

For all subdivision and land development proposals, the applicant shall, at a minimum, provide landscaping in accordance with this section. Applicants seeking to subdivide or develop three or fewer single-family detached residential units are excepted from complying with § 240-37F(2), (3), (4) and (5) of this chapter, although they must still provide shade trees [§ 240-37F(1)], riparian corridor vegetation [§ 240-37F(6)] and comply with the remaining requirements of this chapter.

Legislative intent. Article I, Section 27 of the Constitution of the Commonwealth of Pennsylvania states that people have a right to clean air, pure water, and to the preservation of the natural, scenic, historic and aesthetic values of the environment. It is the intent of these landscape planting requirements to protect this right by conserving existing vegetation and/or requiring new plant material in critical areas of land development. It is the intent of these requirements to protect the health, safety and welfare of the community by requiring planting plans for major land developments to be sealed by a landscape architect registered in the Commonwealth of Pennsylvania. In addition, it is the intent of these landscape requirements to:

Reduce soil erosion and protect surface water quality by minimizing stripping of existing woodlands or tree masses.

Reduce stormwater runoff velocity and volume by providing planting areas where stormwater can infiltrate.

Improve air quality by conserving existing or creating new plantings which produce oxygen and remove carbon dioxide from the atmosphere.

Provide wildlife habitat.

Conserve historically, culturally or environmentally important landscapes such as wooded hillsides, scenic views or aesthetic natural areas.

Provide planted buffers between land developments, which act to visually integrate development into the existing rural landscape.

Provide landscaped screens around visually obtrusive site elements within a development.

Conserve energy by moderating solar radiation and providing shade.

Aesthetically improve stormwater management facilities, such as detention basins, without impairing function.

Improve water quality by helping to filter sediment and other pollutants before runoff enters surface water bodies.

(11)

Preserve riparian corridors.

General requirements.

Plans for proposed planting shall be prepared by a landscape architect registered by the Commonwealth of Pennsylvania and familiar with this section in order to promote the proper use and arrangement of plant materials. These plans shall be reviewed by the Township Engineer and the Planning Commission prior to final approval by the Board of Supervisors.

Landscaping and plant material required by this section shall be planted prior to the issuance of a use and occupancy permit. In lieu of planting due to seasonal constraints, the locations of shade trees shall be staked, and the developer shall be required to submit to the Township a memorandum signed by the purchaser at the time of settlement. This memorandum shall indicate that the purchaser understands and acknowledges that the stakes indicate the location of trees to be planted, and that the trees shall be planted by the developer. The developer shall also deposit with the Township financial security in an amount sufficient to cover the cost of acquisition and planting of the required shade trees.

Nonconforming uses. Whenever there is a nonconforming use, the nonconforming use must comply with the most restrictive landscape requirements for either the land use of the zoning district in which it is located, or the zoning district which normally permits the nonconforming use.

Plan required. A landscape plan is required for all subdivision and/or land developments, except the following:

Residential subdivisions involving three or less dwelling units or lots. A plan is not required, but the planting requirements of § 240-37F(1), Shade trees, and of § 240-37F(6), Riparian Corridor Conservation District vegetation requirements, still apply. These features shall be shown on the subdivision plan.

Plan requirements.

The sketch landscape plan shall show the following:

Approximate location and type of specimen or mature trees.

Approximate location and type of tree masses.

The preliminary landscape plan shall show the following:

Existing features.

The location, type and character of existing buildings; mature trees standing alone; outer limits of tree masses and other existing vegetation; the location of floodplains, wetlands and other natural features that may affect the location of proposed streets, buildings and landscape plantings.

Proposed landscaping.

Approximate location of all proposed landscaping required under this chapter.

General demarcation of existing vegetation "to remain" or "to be removed" and the means of protecting existing vegetation during construction.

Approximate location of proposed buildings, paving, utilities or other improvements.

The final landscape plan.

Drafting standards.

The same standards shall be required as for a preliminary plan. (See § 240-7 of this chapter.)

Information to be shown:

Plan scale, date, north arrow and location map with zoning district designations for the site and adjacent properties.

Location of all existing and proposed buildings and structures.

Location of all existing and proposed roads, parking, service areas and other paved areas.

Location of all outside storage and trash receptacle areas.

Sidewalks, berms, fences, walls, freestanding signs and site lighting.

Existing and proposed underground and aboveground utilities, such as site lighting, transformers, hydrants, manholes, valve boxes, etc. (Reference may be made to other submission drawings.)

All existing and proposed contours at two-foot intervals to determine the relationship of planting and grading. Areas with slopes in excess of 3:1 shall be highlighted on the plan.

Location and type of existing mature trees, woodland and tree masses to remain.

[9]

Location and type of existing mature trees, woodland and tree masses to be removed.

[10]

Location of all proposed landscaping, including required shade trees, stormwater basin landscaping, parking lot landscaping, property line buffer and site element screen landscaping.

[11]

A planting schedule listing the scientific and common name, size, quantity and root condition of all proposed plant material.

[12]

A schedule showing all landscape requirements and plantings proposed for each category.

[13]

Planting details, including method of protecting existing vegetation, landscape planting methods.

[14]

Information in the form of notes or specifications concerning seeding, sodding, ground cover, mulching, etc.

[15]

A detailed cost estimate shall be submitted with the public improvement escrow, showing the value of all proposed landscaping, including all labor, materials and guarantee.

[16]

This condition may be satisfied through a land development agreement with sufficient and appropriate financial guarantees.

Certificates. When approved, the landscape plan must show:

The signature and seal of the registered landscape architect responsible for preparing the landscape plan and details.

The signature of the subdivider, developer or builder.

The signatures of the elected Township officials, Engineer or landscape architect, and Planning Commission.

Preservation of existing vegetation.

Each mature tree, tree mass or woodland (as defined by § 240-37I) on the site shall be designated "to remain" or "to be removed" in accordance with the following criteria:

All subdivision and land developments shall be laid out in such a manner as to minimize the removal of healthy trees and shrubs on the site. Applicants should preserve trees that are on the Township registry of exceptional trees unless the trees are no longer healthy. The registry is available for public inspection at the Township offices and should be consulted prior to landscape plan submission.

It shall be incumbent on the applicant to prove that vegetation removal is minimized. If challenged by the Township, the applicant shall produce evidence such as written documents or plans certified by a registered landscape architect or other qualified professional showing that no alternative layouts are possible and that no alternative clearing or grading plan would reduce the loss of mature trees, tree masses or woodlands.

A mature tree, tree mass or woodland shall be considered "to remain" only if it meets all of the following criteria:

The outermost branches of the tree(s) are at least five feet from any proposed buildings, structures, paving, parking or utilities (overhead or underground).

The outermost branches of the tree(s) are at least five feet from any proposed changes in grade or drainage, such as excavations, mounding or impoundments.

The tree(s) are clear of any sight triangles and do not, by their location or health, pose any undue threat to the health, safety or welfare of the community.

Mature trees, tree masses or woodlands that do not fit the above criteria shall be designated "to be removed." These trees will be removed during the construction process.

Protection of existing vegetation.

Existing vegetation designated "to remain" as part of the landscaping of a subdivision or land development shall be identified prior to any clearing. At all times during the construction of the site, all trees "to remain" that are within 25 feet of a construction area shall be physically protected through the construction process. A temporary physical barrier, such as a snow fence, shall be erected a minimum of one foot outside the dripline on all sides of individual trees, tree masses or woodlands prior to major clearing or construction. The barrier shall be placed to prevent disturbance to or compaction of soil inside the barrier and shall remain until construction is complete. The barriers shall be shown on the landscape plan.

Hydrology. Alteration of existing drainage patterns and water supply for the protected vegetation shall be minimized.

Transplanting existing plant material. Specimen trees or individual trees from woodlands or tree masses designated "to be removed" are encouraged to be transplanted from one area to another. Transplanted trees must conform to the requirements of § 240-37F and G of this chapter.

Replacement of existing vegetation.

The total area of a lot or tract covered by woodlands, hedgerows and/or individual trees must be calculated. This calculation shall be based on the outermost dripline of the individual trees and/or groups of trees.

Up to 25% of the total gross area of woodlands, hedgerows and/or individual trees may be removed without replacement of vegetation. Trees identified as "to be removed" shall be counted toward this 25%.

When construction and other site work will result in the removal of more than 25% of the total gross area of woodlands, hedgerows and/or individual trees on a lot or tract, one shade tree and two shrubs or ornamental trees shall be planted for each 500 square feet, or fraction thereof, of woodlands, hedgerows and/or individual tree area removed in excess of the permitted 25% area.

Replacement trees and shrubs required by § 240-37E(3), above, shall be planted in addition to any trees or shrubs required for shade trees, screens, buffers, parking lot landscaping and riparian corridor vegetation required by § 240-37F.

Planting requirements.

Shade trees.

Shade trees shall be required:

Along all proposed roads.

Along all existing roads when they abut or lie within the proposed subdivision or land development.

Along access driveways serving two or more nonresidential units.

Along major walkways through parking lots and between nonresidential buildings, as recommended by the Township Planning Commission.

Shade trees shall be located within the legal right-of-way, in compliance with the following provisions:

The Board of Supervisors may permit shade trees to be located outside the legal right-of-way if future road widening is likely, such as near intersections or large development entrances. In these cases, the trees on private properties will be considered to be shade trees governable by the Township Shade Tree Commission.

In nonresidential developments, shade trees shall be located in a planting bed. The planting bed shall be at least 10 feet in width and planted in grass or ground cover. In areas where wider sidewalks are desirable, or space is limited, tree planting pits may be used.

Trees shall be located so as not to interfere with the installation and maintenance of sidewalks and utilities. Trees shall be planted at least three feet from curbs and sidewalks, 15 feet from overhead utilities, and six feet from underground utilities. Where trees overhang any public path or sidewalk, tree branches should be pruned to nine feet above the ground. In addition, no side branching of the trunks shall be allowed below six feet and six inches from the ground, or 12 feet from the ground when the tree is mature.

Shade trees shall be planted at a ratio of at least one tree per 50 linear feet of frontage, or fraction thereof. Trees shall be distributed along the entire frontage of the property, although they need not be evenly spaced. The Township encourages a variety of species to enhance the rural character of the area.

Where trees are existing along a roadway, the existing trees over four inches in caliper within 10 feet of the ultimate right-of-way line can be counted toward the shade tree requirement. Where such existing shade trees are over 75 feet apart, new shade trees shall be planted between these existing trees not less than 25 feet from any existing tree.

Buffer and screen planting.

All subdivisions and land developments shall be landscaped with the following two components:

Property line buffers that integrate the new development with its surroundings and separate incompatible land uses.

Site element screens that act to minimize views to certain site elements located within 100 feet of property lines or road rights-of-way.

Property line buffer requirements.

Property line buffering is required for the following types of development and as otherwise specified in Chapter 285, Zoning, of the Code of the Township of Upper Frederick:

All nonresidential development.

All multifamily and single-family attached development.

All single-family cluster development.

All mobile home parks.

An onsite investigation by the applicant shall determine the adjacent land uses along each property boundary. In the case of vacant land, the existing zoned uses shall apply. The existing or zoned uses shall be noted on the plan. In the case of several permitted uses on a site, the most restrictive requirements shall apply. The Township shall have final approval of interpretation of land uses or the Zoning Map.

The quantity and type of plant material required shall be determined by the intensity of the proposed land use and the adjacent land use or zoning district, according to Table 1 (below).

Table 1 Property Line Buffers (See § 240-37F(2)(b)[4] for definition of low-, medium- and high-intensity buffers)
			Adjacent Use
Proposed Use	Office/ Institutional and Public Recreation	Commercial/ Industrial	Multifamily SFA, MHP	SF Semi- detached, SFD
Office/ Institutional¹	Low	Low	Medium	High
Commercial/ Industrial	Medium	Low	High	High
Residential²	Low	Medium	Low	Medium
Active recreation: (playing fields, golf courses, swim clubs, etc.)	Low	—	Low	Low

NOTES:

¹All uses in office/limited industrial parks shall be considered Office/Institutional Uses.

²Buffers are required for all multifamily, single-family attached, clustered single-family and mobile home park developments.

Plant material quantities and types.

In accordance with Table 1, for every 100 linear feet of property line to be buffered, the following is required (at a minimum):

	Low intensity:	1 canopy tree 2 ornamental trees
	Medium intensity:	1 canopy tree 2 ornamental trees 2 evergreen trees 5 shrubs
	High intensity:	5 evergreen trees 2 ornamental trees 1 canopy tree 10 shrubs

Buffer area location and dimension requirements.

The buffer area shall be between 25 and 50 feet in width along all property lines, unless otherwise specified by Chapter 285, Zoning.

The buffer area may be included within the front, side or rear yard setback areas.

Parking is not permitted in the buffer area.

Site element screens and stormwater basins are permitted in the buffer area.

Design criteria.

The required plant material shall be distributed over the entire length of and width of the buffer area.

Plants shall be spaced to provide optimum growing conditions.

A variety of tree species is recommended as follows:

Number of Trees	Minimum Number of Tree Species	Maximum Percent of Any One Species
0 to 5	1	100%
6 to 15	2	50%
16 to 30	3	40%
31 to 50	4	30%
51 and over	6	20%

All plant materials shall meet the requirements of § 240-37E.

Existing healthy trees, shrubs or woodlands may be substituted for part or all of the required buffer and screen plant material at the discretion of the Board of Supervisors. The quantities or visual effect of the existing vegetation shall be equal to or exceed that of the required buffer.

Existing or man-made topographic conditions, such as embankments or berms, in conjunction with existing vegetation, may be substituted for part or all of the required property line buffers at the discretion of the Board of Supervisors. The minimum visual effect shall be equal to or exceed that of the required buffer or screen.

The applicant may propose the use of alternative screen types or changes in plant materials or designs which fulfill the intent of this chapter, upon the recommendation of the Planning Commission for approval by the Board of Supervisors.

Site element screens.

Site element screens shall be required in all proposed developments around the following site elements, when they are located partially or fully within 100 feet of the property line or existing road right-of-way.

Parking lots.

Dumpsters, trash disposal or recycling areas.

Service or loading docks.

Outdoor storage.

Vehicle storage.

Active recreation facilities.

Detention basins.

Sewage treatment facilities and pump stations.

Site elements not included in the above list that have similar visual impact shall be screened in accordance with requirements for the most similar elements as determined by the Township.

The type of site element screen required shall be determined by the site element and the adjacent existing land use or zoned use in the case of vacant land, according to Table 2.

The site element screen shall be placed between the site element and the property line and shall be designed to block views to the maximum extent possible. The screen shall be located as close as possible to the site element and shall surround the element without impeding function or encroaching on sight triangles.

The following types of screens shall be used where specified in Table 2:

Screen Type No. 1, Evergreen or Deciduous Shrubs. Shrubs shall be placed three feet on center in a minimum five-foot wide bed surrounding the site element and arranged to provide a continuous hedge-like screen up to a minimum height of 3 1/2 feet at maturity. Shrubs may be clipped to form a hedge or left in their natural habit.

Screen Type No. 2, Double Row of Evergreens. A double row of evergreen trees shall be placed 10 feet on center and offset 10 feet to provide a continuous screen at a minimum height of 12 feet at maturity.

Screen Type No. 3, Opaque Fence. A six-foot opaque fence surrounding the site element on at least three sides.

Screen Type No. 4, Opaque Fence With Ornamental Trees and Shrubs. A six-foot opaque fence surrounding the site element on at least three sides, with additional plantings at the minimum rate of three shrubs and two ornamental trees or large shrubs for each 10 linear feet of proposed fence, arranged formally or informally next to the fence.

Screen Type No. 5, Architectural Extension of the Building. An eight-foot minimum height architectural extension of the building (such as a wing wall) shall enclose service or loading docks. The building materials and style of the extension shall be consistent with the main building.

Screen Type No. 6, Berm with Ornamental Trees. A two to three-foot high continuous curvilinear berm with ornamental trees at the rate of one tree for every 20 feet, clustered or arranged informally. The maximum slope of the berm shall be 3:1.

Screen Type No. 7. A two- to three-foot-high continuous curvilinear berm with grass alone. The maximum slope of the berm shall be 3:1.

Screen Type No. 8, Evergreen Hedge. An evergreen hedge (such as arborvitae, chamaecyparis, etc.). Height of plants shall be six feet, three feet on center maximum.

[9]

Screen Type No. 9, Low Wall. A wall of brick or stone (not concrete block), at least 50% opaque, no less than three and no more than four feet in height.

The appropriate site element screen shall be determined based on Table 2, as follows:

	Table 2 Site Element Screens Existing Adjacent Land Use (or Zoning District When Undeveloped)
	Nonresidential		Residential
Proposed Site Element	Office or Institutional	All Other Nonresidential	Single-Family Detached, Attached Multifamily	All Roads
Parking lots, 30 stalls or less	—	—	1	1, 7, 9
Parking lots, 30 stalls or more	—	—	1 or 6	1, 7, 9
Dumpster, trash or recycling area	4 or 8	3	4 or 8	4 or 8
Service and loading docks	2 or 5	—	2 or 5	2 or 5
Outdoor sales yard and vehicle storage (excluding car sales area)	1	1	1	1
Active recreation facilities	—	—	7	—
Detention basins	6	—	6	—
Sewage treatment plants and pump stations	1 or 8	—	1 or 8	1 or 8

NOTES:
1.	Numbers 1 through 9 refer to types of site element screens, as defined in § 240-37F(3)(e).
2.	Each site element within 100 feet of a property line or ultimate right-of-way line shall be screened with the screen type shown in this chart. When more than one alternative is given, chose one.
3.	When both residential and nonresidential uses are allowed by the zoning district on the adjacent land, the residential requirements shall apply.
4.	Trees shall be planted on berms surrounding detention basins only in compliance with § 240-37F(5).

Existing healthy trees, shrubs or woodlands may be substituted for part or all of the required site element plant material at the discretion of the Board of Supervisors. The quantities or visual effect of the existing vegetation shall be equal to or exceed that of the required buffer.

Existing topographic conditions, such as embankments or berms, may be substituted for part or all of the required property line buffers at the discretion of the Board of Supervisors. The minimum visual effect shall be equal to or exceed that of the required screen.

(i)

The applicant may propose the use of alternative screen types or changes in plant materials or designs which fulfill the intent of this chapter, with the recommendation of the Planning Commission for approval by the Board of Supervisors.

(j)

Plant materials shall meet the specifications of § 240-37E. Use of plantings selected from the list of recommended plant material (§ 240-37H) is recommended.

Parking lot landscaping.

Parking lots should be effectively landscaped with trees and shrubs to reduce the visual impact of glare, headlights and parking lot lights; to delineate driving lanes; and to define rows of parking. Furthermore, parking lots should be adequately landscaped to provide shade in order to reduce the amount of reflected heat and to improve the aesthetics of parking lots.

All parking lots with 10 or more stalls shall be landscaped according to the following regulations (see illustration as well):

One planting island shall be provided for every 10 parking stalls. There shall be no more than 10 contiguous parking stalls in a row without a planting island.

The ends of all parking rows shall be divided from drives by planting islands.

In residential developments, large parking lots shall be divided by planting strips into smaller parking areas of no more than 40 stalls.

In nonresidential developments, large parking lots shall be divided by planting strips into smaller parking areas of no more than 100 stalls.

Planting islands shall be a minimum of nine feet by 18 feet in area, underlain by soil (not base course material); mounded at no more than a 4:1 slope, nor less than a 12:1 slope; and shall be protected by curbing or bollards. Each planting island shall contain one shade tree plus shrubs and/or ground cover to cover the entire area.

All planting strips shall be a minimum of eight feet wide. Strips shall run the length of the parking row, underlain by soil, mounded at no more than a 4:1 slope, nor less than a 12:1 slope, and shall be protected by curbs, wheel stops or bollards. Planting strips shall contain plantings of street-type shade trees at intervals of 30 to 40 feet, plus shrubs and/or ground cover to cover the entire area at maturity.

The placement of light standards shall be coordinated with the landscape plan to avoid a conflict with the effectiveness of light fixtures.

Plant materials shall comply with the requirements of § 240-37G. The use of planting from the list of recommended plant material, § 240-37H, is encouraged.

All parking lots shall be screened from public roads and from adjacent properties as required in § 240-37B.

Stormwater basins and associated facilities. Landscaping shall be required in and around all stormwater management basins according to the following:

All areas of stormwater management basins, including basin floors, side slopes, berms, impoundment structures or other earth structures, shall be planted with cover vegetation such as lawn grass or naturalized plantings specifically suited for stormwater basins (see § 240-37G for recommended plants for stormwater basins). The Township encourages the use of wildflowers in compliance with Subsection F(5)(a)[2], below.

Lawn grass areas shall be sodded or hydroseeded to minimize erosion during the establishment period and, once established, these areas shall be maintained at a height of not more than six inches.

Naturalized cover plantings, such as wildflowers, meadows and nonaggressive grasses specifically designed for the permanently wet, intermittently wet and usually dry areas of stormwater basins, may be planted as an alternative to lawn grass given:

The plantings provide continuous cover to all areas of the basin.

The plantings do not interfere in the safe and efficient function of the basin as determined by the Township Engineer.

Trees and shrubs shall be allowed in and around stormwater basins given they do not interfere in the proper function of the basin and no trees are planted on or within 30 feet of an impoundment structure or dam.

Basin shape shall incorporate curvilinear features to blend with the surrounding topography.

Minimum grades of the stormwater basin floors shall be 2% and maximum side slopes of the basin shall be 3:1. If side slopes (inside the basin) are between 5:1 and 3:1, then the Board of Supervisors, upon the recommendation of the Planning Commission, may require a fence around the basin. If side slopes are more gradual than 5:1 (preferably more gradual than 8:1) then a fence is not necessary.

Stormwater basins shall be screened from adjacent properties with landscaping according to § 240-37B.

Riparian Corridor Conservation District vegetation requirements. In areas within the Riparian Corridor Conservation District, as defined in § 285-205 of the Zoning Ordinance, the edge of water features and stream corridors shall be vegetated with native vegetation to further the ecological and environmental benefits, as stated in the Riparian Corridor Conservation Overlay District (RCC). To promote reestablishment of forest cover and woodland habitat, new plantings shall be implemented as follows:

Each mature tree, tree mass or woodland located within the Riparian Corridor Conservation District shall be identified on the preliminary plan. Those portions of the RCC not meeting the vegetation standards shall be supplemented to meet the minimum requirements of § 240-37F(6)(b) through (d). Those portions of the RCC with woodland cover that exceeds the minimum requirements of § 240-37F(6)(b) through (d) may not be counted toward meeting the requirements for other portions of the RCC.

RCC Zone 1. New trees shall be planted at a minimum rate of one shade tree and two shrubs per 250 square feet for all portions of Zone 1 without existing tree cover.

Trees shall be planted in staggered rows or an equivalent informal arrangement and meet the standards of § 240-37G, Plant material specifications, maintenance and guarantee.

Proposed trees shall be identified on the Township tree list and shall be native.

Existing native, healthy trees, shrubs or woodlands shall be preserved.

Invasive vegetation may be removed in accordance with a plan for removal submitted to the Township and found to be acceptable.

RCC Zone 2. New trees shall be planted at a minimum rate of one shade tree and two shrubs per 500 square feet for all portions of Zone 2 without existing tree cover.

Trees shall be planted in staggered rows or an equivalent informal arrangement and meet the standards of § 240-37G, Plant material specifications, maintenance and guarantee.

Proposed trees shall be identified on the Township tree list and shall be native.

Existing native, healthy trees, shrubs or woodlands shall be preserved.

Invasive vegetation may be removed in accordance with a plan for removal submitted to the Township and found to be acceptable by the Township.

RCC Zone 3. Grasses shall be planted to result in a naturalized covering.

Existing native, healthy trees, shrubs or woodlands shall be preserved.

Plant material specifications, maintenance and guarantee. The following standards shall apply to all plant materials or transplanted trees as required under this chapter:

General requirements.

The location, dimensions and spacing of required plantings should be adequate for their proper growth and maintenance, taking into account the sizes of such plantings at maturity and their present and future environmental requirements, such as wind, soil, moisture and sunlight. (Refer to § 240-37H, Recommended plant list).

Plantings should be selected and located such that they will not contribute to conditions hazardous to public safety. Such locations include, but are not limited to, public road rights-of-way, underground and aboveground utilities, and sight triangle areas required for unobstructed views at road intersections.

Plant specifications.

All plants shall meet the minimum standards for health, form and root condition as outlined in the American Association of Nurserymen (AAN) Standards.

All plant material shall be hardy and within the USDA Hardiness Zone six applicable to Montgomery County, Pennsylvania.

Shade and canopy trees shall reach a minimum height and spread of 30 feet at maturity as determined by the AAN Standards, and shall be deciduous. New trees shall have a minimum caliper of 2 1/2 inches at planting.

Ornamental trees or large shrubs shall reach a typical minimum height of 15 feet at maturity, based on AAN Standards. Trees and shrubs may be deciduous or evergreen and shall have a distinctive ornamental character such as showy flowers, fruit, habit, foliage or bark. New ornamental trees shall have a minimum height of six feet or 1 1/2 inch caliper at time of planting. New large shrubs shall have a minimum height of 2 1/2 feet to three feet at time of planting.

Small shrubs may be evergreen or deciduous and shall have a minimum height at maturity of four feet based on AAN Standards. New shrubs shall have a minimum height of 18 inches at time of planting.

Evergreen trees shall reach a typical minimum height of 20 feet at maturity based on AAN Standards for that species, and shall remain evergreen throughout the year. New evergreens shall have a minimum height at planting of six feet.

Maintenance.

Required plant material shall be maintained for the life of the project to achieve the required visual effect of the buffer or screen. It shall be the ultimate responsibility of successive property owners to insure that the required plantings are properly maintained. Dead or diseased plant material shall be removed or treated promptly by the property owner and replaced at the next growing season.

Safety. All sight triangles shall remain clear, and any plants or parts thereof, such as unstable limbs, that could endanger safety shall be removed. Plant material shall be replaced if necessary. It shall be the responsibility of the property owner to maintain all plantings and architectural elements to ensure a safe environment.

Maintenance guidelines for the plantings are encouraged to be published by the planting plan designer, to be used by grounds maintenance personnel to insure that the design's buffering and screening concepts are continued.

Landscape bond.

Any tree or shrub that dies within 18 months of planting shall be replaced by the current landowner or developer. Any tree or shrub that, within 18 months of planting or replanting, is deemed, in the opinion of the Township, not to have survived or not to have grown in a manner characteristic of its type, shall be replaced. Substitutions or replacements must be equivalent to the original material and are subject to approval by the Township.

The developer or landowner shall deposit with the Township a sum of money in the form of cash, certified check, letter of credit or bond equal to a minimum of 15% of the total landscaping costs to cover the cost of replacing, purchasing, planting and maintaining all dead, dying, defective or diseased plant material for a period of 18 months.

Recommended plant material list.

Shade or canopy trees. Suitable for shade trees or parking lots as well as for buffers and screens. (Minimum mature height: 30 feet or more.)

	Scientific Name	Common Name
	Acer rubrum	Red maple (native)
	Celtis occidentalis	Hackberry (native)
	Cladrastis lutea	Yellowood (native)
	Corylus colurna	Turkish Filbert
	Fraxinus pennsylvanica lanceolata cv. Marshall's seedless	Marshall's Seedless Marshall's Seedless Ash
	Ginkgo biloba	Ginko (male only)
	Gleditsia triacanthos inermis	Thornless Honeylocust
	Koelreuteria paniculata	Golden Rain Tree
	Quercus bicolor	Swamp White Oak (native)
	Quercus coccinea	Scarlet Oak (native)
	Quercus imbricaria	Shingle Oak (native)
	Quercus phellos	Willow Oak (native)
	Quercus prinus	Chestnut Oak (native)
	Quercus rubra	Northern Red Oak (native)
	Robinia pseudoacacia	Black Locust (native)
	Sophora japonica	Japanese Pagodatree
	Tilia Americana	American Linden (native)
	Tilia cordata	Little Leaf Linden
	Tilia tomentosa	Silver Linden
	Ulmus parvifolia	Chinese Lacebark Elm
	Zelkova serrata	Japanese Zelkova

Shade or canopy trees. Suitable for property line buffers and nonvehicular use areas only. (Minimum mature height: 30 feet or more.)

	Scientific Name	Common Name
	Acer saccharum	Sugar Maple (native)
	Betula lenta	Sweet Birch (native)
	Betula nigra	River Birch (native)
	Carya ovata	Shagbark Hickory (native)
	Carya sp.	Hickory (native)
	Fagus grandifolia	American Beech (native)
	Fagus sylvatica	European Beech
	Fraxinus americana	White Ash (native)
	Liriodendron tulipifere	Tuliptree (native)
	Metasequoia glyptostroboides	Dawn Redwood
	Ostrya virginiana	American Hornbeam; Ironwood
	Phellodendron amurense	Amur Cork Tree
	Quercus alba	White Oak (native)
	Quercus coccinea	Scarlet Oak (native)
	Quercus palustris	Pin Oak (native)
	Quercus velutina	Black Oak (native)
	Sassafras albidum	Sassafras (native)

Ornamental trees. Suitable for property line buffers or site element screens. (Minimum mature height: 15 feet or more.)

	Scientific Name	Common Name
	Amelanchier canadensis	Shadblow, Shadbush (native)
	Cercis canadensis	Redbud (native)
	Chinoanthus virginicus	Fringetree (native)
	Cornus kousa	Japanese Dogwood
	Cornus mas	Cornelian Cherry
	Crataegus cv. Toba	Toba Hawthorn
	Crataegus molis	Downy Hawthorn
	Crataegus oxycantha	English Hawthorn
	Crataegus phaenopyrum	Washington Hawthorn
	Halesi carolina	Silverbells (native)
	Hamamelis virginiana	Witch Hazel (native)
	Koelreuteria paniculata	Golden Raintree
	Luburnam vossi	Goldenchain
	Magnolia virginiana	Sweetbay Magnolia (native)
	Malus sp.	Crab Apple Species (native)
	Oxydendrum arboreum	Sourwood (native)
	Prunus sargentii	Sargent Cherry
	Prunus calleryana cv. Kwanzan	Kwanzan Cherry
	Pyrus calleryana cv. Bradford	Bradford Pear
	Pyrus calleryana cv. Redspie	Redspire Pear
	Sorbus aucuparia	European Mountain Ash
	Styrax japonica	Japanese Snowball
	Syringa amurensis japonica	Japanese Tree Lilac

Large deciduous shrubs. Suitable for use in property line buffers or site element screen (not clipped hedges). (Minimum mature height: 15 feet or more.)

	Scientific Name	Common Name
	Aronia arbutifolia	Black Chokeberry (native)
	Calycanthus flordius	Sweet Shrub (native)
	Cephalanthus occidentalis	Buttonbush (native)
	Clethra acuminata	Summersweet (native)
	Cornus serieca	Red Osier Dogwood (native)
	Corylus americanus	American Filbert, American Hazel
	Enkianthus campanulatus	Redvein Enkianthus
	Euonymus alatus	Burning Bush
	Forsythia sp.	Forsythia
	Fothergilla major	Large Fothergilla (native)
	Ilex verticillata	Winterberry (native)
	Lindera benzoin	Spicebush (native)
	Lonicera spp. (shrubbery var.)	Honeysuckle Bush
	Myrica pensylvanica	Bayberry (native)
	Philadelphus spp.	Mock Orange
	Physocarpus opulifolius	Common Ninebark
	Sambucus canadensis	Elderberry (native)
	Spirea nipponica	Snow Mound Spirea
	Vaccinium corymbosum	Blueberry (native)
	Viburnum dentatum	Arrowwood (native)
	Viburnum lengtago	Nannyberry (native)
	Viburnum prunifolium	Blackhaw (native)
	Viburnum spp.	Other large viburnums
	Viburnum trilobum	American Cranberry Bush

Deciduous or evergreen shrubs. Suitable for clipped hedges in property line buffers or site element screens. (Minimum mature height: four feet or more.)

	Scientific Name	Common Name
	Acanthopanax sieboldianus	Five Leaf Aralia
	Aronia arbutifolia	Black Chokeberry (native)
	Cornus mas	Cornelian Cherry
	Cotoneaster salicifolia	Willowleaf Cotoneaster
	Euonymus alatus	Winged Euonymous
	Euonymus alatus compactus	Dwar Winged Euonymous
	Euonymus fortuneii vegetus sarcoxie	Big Leaf Wintercreeper
	Ilex crenata compacta	Compact Japanese Holly
	Illex glabara	Inkberry (native)
	Ilex crnata hetzi	Hertz Holly
	Juniperus chinensis glauca hetzi	Hertz Blue Juniper
	Juniperus chinensis pfitzeriana compacts	Compact Pfitzer Juniper
	Lingustrum ibolium	Ibolium Privert
	Lonicera fragrantissima	Winter Honeysuckle
	Philadelphus lemoinei	Mock Orange
	Ribes alpinum	Currant
	Taxus brownii	Brown's Yew
	Taxus canadensis	Canada Yew
	Taxus densiformis	Dense Yew
	Taxus media hatfieldi	Hatfield Yew
	Viburnum dentatum	Arrow Wood (native)
	Viburnum lentao	Nannyberry (native)
	Viburnum opulus	European Cranberry Bush
	Viburnum prunifolium	Black Haw (native)
	Thuja sp.	Arborvitae

Evergreen shrubs. Suitable for site element screens. (Minimum mature height: four feet.)

	Scientific Name	Common Name
	Azalea — evergreen species — must reach 3-foot height	Azalea
	Chamaecyparis obtusa	Chamacyparis
	Chamaecyparis pisifera	Chamaecyparis
	Ilex crenata "Hetzi"	Japanese Holly
	Ilex glabra	Inkberry (native)
	Ilex maservae	Blue Holly Series
	Juniperus chinensis "Hertzi Glauca"	Hertz Blue Juniper
	Kalmia latifolia and cvs	Mountain Laurel (native)
	Leucothoe fontanessiana	Leucothoe
	Pieris floribunda	Mountain Andromeda (native)
	Pieris japonica	Japense Andromeda
	Rhoddondendron sp.	Various Lg. Rhododendrons
	Taxus sp.	Yew
	Thuja sp.	Arborvitae
	Viburnum rhytidoyllum	Leatherleaf Viburnum

Evergreen trees. Suitable for property line buffers or site element screens. (Minimum mature height: 20 feet.)

	Scientific Name	Common Name
	Abies concolor	White Fir
	Ilex opaca	American Holly (native)
	Picea abies	Norway Spruce
	Picea omorika	Serbian Spruce
	Picea pungens	Colorado Spruce
	Pinus strobus	White Pine (native)
	Pinus thunbergii	Japanese Black Pine
	Pseudotsuga menziesii	Douglas Fir
	Tsuga canadensis	Canadian Hemlock (native)
	Tsuga caroliniana	Carolina Hemlock (native)

Canopy trees. Suitable for stormwater detention basins.

	Scientific Name	Common Name
	+Acer rubrum	Red Maple
	*Acer saccharinum	Silver Maple
	*Betula nigra	River Birch
	*Fraxinus americana	White Ash
	*Ilex opaca	American Holly
	+Liquidambar styraciflua	Sweet Gum
	*Nyssa Sylvatica	Black Gum
	*Quercus phellos	Willow Oak
	+Quercus bicolor	Swamp White Oak
	*Quercus palustris	Pin Oak
	+Taxodium distichum	Bald Cypress

Deciduous/evergreen ornamental trees. Suitable for stormwater detention basins.

	Scientific Name	Common Name
	*Amelanchier canadensis	Shadblow, Shadbush
	*Carpinus caroliniana	Ironwood
	*Chionanthus virginicus	Fringetree
	*Magnolia virginiana	Sweetbay
	+Salix caprea	Willow sp.
	+Salix discolor	Willow sp.
	*Thuja occidentalis cv. nigra	Arborvitae

Deciduous or evergreen shrubs. Suitable for stormwater detention basins.

	Scientific Name	Common Name
	+Aronia arbutifolia	Red Chockberry
	*Calycanthus florida	Sweetshrub
	+Cephalanthus occidentalis	Button Bush
	+Clethra alnifolia	Summersweet
	+Cornus amomum	Silky Dogwood
	+Cornus sericea	Red-Stem Dogwood
	*Hamamelis virginiana	Witch Hazel
	+Ilex glabra	Inkberry
	+Ilex verticillata	Winterberry
	*Lindera benzoin	Spice Bush
	*Myrica cerifera	Southern Bayberry
	+Myrica Pensylvanica	Northern Bayberry
	*Rhododendron periclymenoides	Pinxterbloom Azalea
	+Rhododendron viscosum	Swamp Azalea
	*Sambucus canadensis	Elderberry
	*Viburnum cassanoides	Witherod
	*Viburnum dentatum	Arrowwood
	*Viburnum lentago	Nannyberry
	*Viburnum tirlobum	American Cranberry bush

(11)

Herbaceous perennials. Suitable for stormwater detention basins.

	Scientific Name	Common Name
	*Aster novaeangliae	New England Aster
	*Chrysanthemum lencanthemum	Ox-Eye Daisy
	+*Eupatorium dubium	Joe Pye Weed
	+*Eupatorium fistulosum	Hollow Joe Pye Weed
	*Hemerocallis sp.	Day Lily
	*Hesperis matronalis	Dames Rocket
	+Hibiscus moscheutos	Rose Mallow
	+*Iris pseudoacarus	Yellow Iris
	+*Iris versicolor	Blue Flag
	+*Lobelia cardinalis	Cardinal Flower
	+*Lobelia siphilitica	Blue Lobelia
	+Monarda didyma	Bee Balm
	+*Panicum virgatum	Switchgrass
	*Phalaris arundinacea	Canary Reed Grass
	*Rudbeckia sp.	Black-Eyed Susan
	+Scirpus acutus	Hard Stem Bullrush
	+Spartina alternifolia	Cordgrass
	+Typha angustifolia	Narrowleaf Cattail
	+Typha latifolia	Common Cattail
	+*Vernonia noveboracensis	New York Iron Weed

	NOTES:
	*Suitable for usually well-drained areas that may be subject to occasional flooding.
	+Suitable for permanently wet areas.

Definitions. As used in this section, the following terms shall have the meanings indicated:

CALIPER

Diameter of a tree's trunk measured 12 inches above the ground.

MATURE TREE

Any tree of six inches or more in caliper, whether standing alone, in tree masses or woodlands. A mature tree shall be healthy specimen and shall be a desirable species, as determined by the Township or landscape architect appointed by the Township.

MINIMIZE

To reduce to the smallest amount possible. "Minimize" does not mean to "eliminate," but that the most substantial efforts possible under the circumstances have been taken to reduce the, effect of the action (such as grading, clearing, construction, etc.).

SIGHT TRIANGLE

Proper sight lines must be maintained at all intersections of roads. Measured along the center line, there should be a "clear sight triangle" of 75 feet from the point of intersection based on the posted speed limit. No building or present or future obstruction will be permitted in this area.

SPECIMEN TREE

Any tree with a caliper that is 75% or more of the record tree of the same species in the Commonwealth of Pennsylvania. (A list of record trees by species will be maintained at the Township for public use identification of specimen trees).

TREE MASS

A grouping of three or more trees, each at least 1 1/2 inch in caliper within a one-hundred-square-foot area.

WOODLAND

A stand of predominantly native vegetation covering at least one acre, consisting of a 50% cover of mature trees of size.

§ 240-38 Park, open space and recreation dedication areas; fee in lieu of dedication.

[Added 5-14-2015 by Ord. No. 2015-03[1]]

Legislative intent. The purpose of this section is to adopt the provisions of Section 503(11) of the Pennsylvania Municipalities Planning Code[2] and thereby provide for needed parks, recreation and open space in the Township. In addition, it is the intent of these dedication requirements to:

Recognize that the development of residential and nonresidential property in the Township creates a demand for local recreational facilities.

Provide adequate open spaces, recreational lands and recreational facilities to serve both the existing and future residents and nonresidents of the Township by providing for both passive and active recreation.

Further implement the goals, objectives and recommendations of the Township's Recreation, Park and Open Space Plan and the Township's Comprehensive Plan.

Editor's Note: See 53 P.S. § 10503(11).

Applicability.

This section shall apply to any residential subdivision or nonresidential land development application or plan filed after the effective date of this section. Applicants seeking approval of a minor subdivision plan, as defined in § 240-5, shall submit to the Township a fixed fee, prior to release of final plans for recording, as established by the Township in the schedule of fees for the newly created lots in lieu of providing a public dedication area.

This section shall not apply to applications and plans that the Township determines to involve only minor adjustments or corrections to applications and plans for approval pending as of the effective date of this section.

General requirements.

All areas dedicated under the provisions of this section shall be consistent with the specific goals, objectives and recommendation of the Township Comprehensive Plan and the Township Recreation, Park and Open Space Plan, and are to be in accordance with the principles and standards contained in this chapter.

In lieu of dedication, a fee may be paid, as hereinafter set forth in § 240-38E.

The amount and location of land and facilities to be dedicated, or the fee in lieu thereof, shall bear a reasonable relationship to the use of the park and recreation facilities by future residents, occupants, employees or visitors to the site.

Standards for park, open space and recreational infrastructure dedication.

The applicant shall offer for dedication an amount of land and recreational infrastructure for park, recreation or open space in accordance with the requirements below. The Township, in its discretion, may require that the land and recreational infrastructure remain in private ownership and be reserved and restricted in perpetuity under other forms of ownership as provided in § 240-38J.

Except for mini-parks, rights-of-way or easements for greenways, no contiguous area of land shall be considered for dedication if it is less than 0.5 acre, and in no event shall the area proposed for dedication be less than 100 feet in width. The land to be dedicated shall be contiguous and regular in shape, where possible and practical, and shall have size, dimensions, topography, access and general character suitable for its proposed recreational use, as determined by the Township, in conjunction with the Township Parks Board and the Township Planning Commission. The Township shall have the sole discretion not to approve or accept any area of land if it determined that the contiguous area of the same is insufficient to adequately serve as or provide park and recreation area.

Land proposed as a mini-park, as defined herein, shall be fully developable and shall have size, dimensions, topography, access and general character suitable for its proposed recreational use, as determined by the Township, in conjunction with the Township Parks Board and the Township Planning Commission.

The mini-park recreational infrastructure shall be provided as required by the Township.

The area dedicated may not be used in calculating density.

No more than 25% of the land proposed for dedication shall be within the required riparian corridor or contain other natural resource constraints such as steep slopes or wetlands.

Any land not suitable for active or passive recreation shall not be accepted as dedicated land; this includes areas within stormwater basins that could not be used for recreation.

Consideration shall be given to preserving viewsheds, natural features, including rocks and rock outcrops, large trees and stands of trees, watercourses, historic structures and areas and other community assets that would enhance the value and aesthetic qualities of the development.

The land shall be easily and safely accessible from all residential or occupied areas within the development or the general area to be served, and it shall have road frontage or other suitable access from a public roadway for maintenance purposes.

The Township may require that land to be dedicated be located along a property boundary so that such land may be combined with dedicated land or other recreation areas that are or will be adjacent to the land to be dedicated.

(11)

The land shall be accessible to utilities, if determined to be necessary by the Township.

(12)

The land shall be designed and developed for its intended open space, park or recreation use, in accordance with the recommendations contained in the Township Recreation, Park and Open Space Plan.

Determining amount of land to be dedicated.

The amount of land to be dedicated or reserved for park and open space shall be in accordance with the following table. The applicant or applicant's agent shall not be permitted to dedicate or reserve land that is deemed by the Township inadequate to be used as recreation or open space.

			Park Dedication Requirement		Mini-Park Dedication Requirement
Type of Dwelling			Per Dwelling Unit	Per 1,000 Square Feet of Building, Structure or Improvement	Per Dwelling Unit
Residential
	•	Apartment
	•	Lot line house
	•	Multifamily building
	•	Single-family attached dwelling unit	1,255 square feet	N/A	100 square feet
	•	Two-family building
	•	Village house
	•	Single-family detached dwelling unit	1,154 square feet	N/A	N/A
Nonresidential			N/A	1,002 square feet	N/A

For proposals with a mixture of types of dwelling units and/or with a mixture of residential and nonresidential uses, the amount of land to be dedicated or reserved for park and open space shall be the sum of the areas needed for each type of dwelling unit and/or nonresidential improvement calculated at the rates in the above table.

The resulting acreage required for mini-park dedication shall not be in addition to the amount calculated for the "Park Dedication Requirement Per Dwelling Unit" in Column 2, but it shall be a part of it.

Standards for fee in lieu of dedication.

Subject to the discretion of the Township, payment of a fee in lieu of land and recreational infrastructure dedication shall be required:

Where dedication would result in open space or recreation areas too small to be usable, as determined in § 240-38D(2), not including required mini-parks.

If the Township Comprehensive Plan or the Township Recreation, Park and Open Space Plan recommends recreation land to be provided elsewhere.

If a suitable site for recreation cannot be located on the site.

All fees paid in lieu will be determined as follows:

Recreational land and infrastructure fee in lieu. The applicant shall tender to the Township, prior to final plan approval, a fee in lieu of dedication of land and infrastructure calculated as follows:

Residential development. The number of dwelling units for which recreational land and infrastructure are not provided shall be multiplied by the applicable residential recreational land and infrastructure fee in lieu adopted by the Township.

Nonresidential development. The square footage of nonresidential development identified on the plan for which recreational land and infrastructure are not provided shall be divided by 1,000, and the resulting value shall be multiplied by the applicable nonresidential recreational land and infrastructure fee in lieu value adopted by the Township.

All fees paid in lieu of land dedication or recreational infrastructure may only be used for:

The acquisition, operation or maintenance of parkland, open space or recreational facilities reasonably accessible to the development.

The construction of improvements and recreational infrastructure.

Costs incidental to such purposes, including, but not limited to, planning, engineering, design, administrative and legal fees, utility relocation or installation, construction of sewage or water facilities, vehicular and pedestrian access signage and the purchase of park equipment and maintenance.

All fees paid to the Township shall be deposited in a separate interest-bearing account, clearly identified as reserved, for providing, acquiring, operating or maintaining park or recreational facilities and land. The Township shall maintain records identifying the specific recreation facilities for which the fee was received and sites for which such fees have been received. Interest earned on such accounts shall become funds of that account. Funds from such accounts shall be expended only in properly allocable portions of the costs incurred to acquire, construct or improve such specific, identifiable and/or proposed recreation facilities for which such funds have or may hereafter be collected.

If the Township fails to use the fees collected from a particular applicant in accordance with this section within three years of the date such fees were paid, or used the fees paid for a purpose other than the purposes set forth in this section, the applicant may submit a written request, on such forms as are established by the Township, for the refund of such fees, plus interest that accumulated thereon from the date of fee payment, which request shall be reviewed and acted upon by the Township within 45 days of the date of receipt.

Use of land and fees. The types of recreational infrastructure shall be designed and constructed as provided in the Township Recreation, Parks and Open Space Plan, and be deemed to include, but not be limited to:

Playground equipment and surfaces.

Play fields.

Basketball courts, or other court facilities.

Hiking, bicycle, walking and jogging trails and exercise stations.

Parking lot facilities.

Utility services.

Bathrooms and water fountains.

Landscaping.

Picnic facilities and benches.

Lighting facilities relating to park and recreational facilities.

Combination of land dedication and fees in lieu of land dedication.

The Township may accept a combination of land dedication in fee simple title, grants of rights-of-way and easements and fees in lieu of land in order to meet the requirements and standards of the Township Recreation, Park and Open Space Plan. Such combination shall be subject to the review and approval of the Township at its sole discretion.

The resulting combination of land and fees shall not exceed the total acreage to be developed, or the acreage which constitutes the basis of calculating the fee in lieu of dedication required by this section.

Determination of land dedication vs. fees in lieu of land dedication.

The Township, with the recommendation of the Planning Commission, shall determine whether land dedication, grant of rights-of-way and easements or fees in lieu of land shall be required. Such decision shall be made as early in the plan review process as possible, but not later than concurrent with the preliminary plan approval.

The Township shall consider the following factors, in addition to any other factors that may be applicable to a particular site:

If the land in that location serves a valid public purpose.

If there is a need to make a reasonable addition to an existing park or recreation area.

If the land meets the objectives and requirements of this section.

If the area surrounding the proposed development has sufficient existing parks, recreation areas or facilities or open space and if pedestrians or bicyclists can safely reach these areas.

Any relevant policies of the Township regarding parks, recreation areas and facilities and open space, including those within the Township Comprehensive Plan and the Township Open Space, Park and Recreation Plan.

Any recommendations regarding such land that has been received from the Township and/or County Planning Commission, the Township Board of Parks and Recreation, the Township Engineer and/or the Boyertown Area School District.

Conveyance and maintenance of open space. All open space, shown on the final plan as approved by the Township and subsequently recorded in the Office of the Recorder of Deeds of Montgomery County, must be conveyed in accordance with one or more of the following methods:

Dedication in fee simple to Upper Frederick Township. The Township may, but shall not be required to, accept any portion or portions of the park and open space; provided that: such land is freely accessible to, and of benefit to, the general public of Upper Frederick Township; there are no acquisition costs involved; the Township agrees to and has access to maintain such lands; it is acceptable with regard to size, shape, location and improvement; and it is subject to such regulations and rules as may be recommended by the Township Board of Parks and Recreation and/or adopted by the Board of Supervisors.

When land is dedicated, acceptance by the Township shall be by means of a signed resolution and a signed deed of dedication executed by the property owner transferring title in fee simple to the Township or by grant of a right-of-way and easement to the Township, to which a property description of the dedicated area shall be attached in a form acceptable to and approved by the Township Solicitor.

Subject to the submission of documentation to the Township for its approval, and except as provided with regard to easements or rights-of-way for the trails and greenways, a fee simple warranty deed conveying the property shall be delivered to the Township with title free and clear of all liens, encumbrances and conditions, other than nonexclusive public utility easements.

All applicable deed transfer taxes shall be paid by the applicant.

By conveying title to a corporation, association, funded community trust, condominium or other legal entity:

The terms of such instrument of conveyance must include provisions suitable to the Township and otherwise guarantee:

The continued use of such land for the intended purpose.

Continuity of proper maintenance for those portions of the open space requiring maintenance.

The availability of funds required for such maintenance.

Adequate insurance protection.

Provisions for payment of applicable taxes.

Recovery for loss sustained by casualty, condemnation or otherwise.

Such other covenants and/or easements that the Township shall deem desirable to fulfill the purposes and intent of these regulations.

The following are prerequisites for such an entity:

It must be set up before any homes or dwelling units are sold or leased or otherwise conveyed.

Membership must be mandatory for each buyer and/or lessee of each dwelling unit and any successive buyer and/or lessee.

It must be responsible for liability, insurance, taxes, recovery for loss sustained by casualty, condemnation or otherwise, and the maintenance of recreational and other facilities.

Member or beneficiaries must pay their pro rata share of the costs, and the assessment levied can become a lien on the property.

It must be able to adjust the assessment to meet future conditions.

Such entity shall not be dissolved, nor shall it dispose of the open space, by sale or otherwise, except to an organization conceived and established to own and maintain the open space. The entity must first offer to dedicate the open space to the Township before any such sale or disposition of the open space.

The dedication of open space, streets or other lands in common ownership of the corporation, association or other legal entity, or the Township, shall be absolute and not subject to reversion for possible future use for further development.

All documents pertaining to the conveyance and maintenance of the open space shall meet the approval of the Solicitor as to legal form and effect, and to the Township as to suitability for the proposed use of the open space.