Township of Chestnuthill, PA Design Standards and Required Improvements

Groundwater resources. This section is intended to ensure that the Township's limited groundwater resources are protected for purposes of providing water supplies for its residents and businesses and to protect the base flow of surface waters. These regulations shall be applied in conjunction with those provided for in other sections of this chapter dealing with groundwater conservation and replenishment. The proposed subdivision and land development of any tract shall be designed to cause the least practicable disturbance to natural infiltration and percolation of precipitation to the groundwater table, through careful planning of vegetation and land disturbance activities, the use of bioretention areas and infiltration trenches, and the placement of streets, buildings and other impervious surfaces in locations other than those identified on the Existing Resources and Site Analysis Plan as having the greatest permeability where precipitation is most likely to infiltrate and recharge the groundwater.

Stream valleys, swales, springs, and other lowland areas.

Stream valleys (which include stream channels and floodplains), swales, springs and other lowland areas are resources that warrant restrictive land use controls because of flooding hazards to human life and property, groundwater recharge functions, importance to water quality, and the health of aquatic communities and wildlife habitats. Such areas are generally poorly suited for subsurface sewage disposal systems. Stormwater management shall be provided in accord with Township stormwater regulations, and the following activities shall be minimized:

Disturbance to streams and drainage swales.

Disturbance to year-round wetlands, areas with seasonally high water tables, and areas of surface water concentration.

Stream valleys, swales and other lowland areas warrant designation as conservation open space because of extreme limitations. They may also require adjoining buffer lands to be included in the conservation open space, to be determined by an analysis of the protection requirements of such areas on a case-by-case basis. In certain instances, hydric soils may be excluded from the conservation open space where it can be demonstrated that they are suitable for low-density residential uses and on-lot sewage systems.

Steep slopes. The purpose of steep slope regulations is to conserve and protect those areas having steep slopes from inappropriate development and excessive grading; to prevent potential dangers caused by erosion, stream siltation, and soil failure; and to promote uses in steep slope areas that are compatible with the preservation of existing natural features, including vegetative cover, by restricting grading of steep slope areas. "Steep slope area" is defined and established as those areas having an original, unaltered slope of 25% or greater. The establishment of slopes shall be made by a topographic survey performed by a registered surveyor, or other means acceptable to the Township.

Significant natural areas and features. Natural areas containing rare or endangered plants and animals, as well as other features of natural significance, exist throughout the Township. Some of these have been carefully documented (e.g., by the Statewide Natural Diversity Inventory), whereas for others, only the general locations are known. Subdivision applicants shall take all reasonable measures to protect significant natural areas and features either identified by the Township Map of Potential Conservation Lands or by the applicant's existing resources and site analysis plan by incorporating them into proposed conservation open space areas or avoiding their disturbance in areas proposed for development.

Historic structures and sites. Plans requiring subdivision and land development approval shall be designed to protect existing historic resources. The protection of an existing historic resource shall include the conservation of the landscape immediately associated with, and significant to, that resource, to preserve its historic context. Where, in the opinion of the Board of Supervisors, a plan will have an impact upon an historic resource, the developer shall mitigate that impact to the satisfaction of the Board of Supervisors by modifying the design, relocating proposed lot lines, providing landscape buffers, or other approved means. Township participation, review and approval of the applicant's interaction with the State Historical and Museum Commission with regard to the preservation of historic resources, as required for PADEP approval of proposed sewage disposal systems, shall be required prior to preliminary plan approval.

[Added 5-1-2014 by Ord. No. 2014-02]

Boundary lines and reserve strips. Lot lines should follow municipal and county boundary lines, rather than cross them. Reserve strips controlling access to lots, public rights-of-way, public lands or adjacent private lands are prohibited.

[Added 5-1-2014 by Ord. No. 2014-02]

Water frontage and surface drainage. The damming, filling, relocating, or otherwise interfering with the natural flow of surface water along any surface water drainage channel or natural watercourse shall not be permitted except with approval of the Township and, where required by state statute, the PADEP or other applicable state agencies. Stormwater management shall be provided in accord with Township stormwater regulations.

[Added 5-1-2014 by Ord. No. 2014-02]

Community facilities and adopted plan requirements. Where a proposed park, playground, school, or other public use is shown in an adopted plan of the Township and is located in whole or in part in a proposed development, the Board of Supervisors may require the reservation of such area, provided that such reservation is acceptable to the developer.

[Added 5-1-2014 by Ord. No. 2014-02]

Walkways. Pedestrian interior walks may be required, where necessary, to assist circulation or provide access to community facilities (e.g., a park or school).

[Added 5-1-2014 by Ord. No. 2014-02]

Storm drainage. Lots and/or parcels shall be laid out and graded to provide positive drainage away from buildings and to prevent damage to neighboring lots, tracts, or parcels. Stormwater management shall be provided in accord with Township stormwater regulations.

[Added 5-1-2014 by Ord. No. 2014-02]

§ 98-56 Effect of Official Map on improvements.

[Added 12-7-2004 by Ord. No. 2004-07]

All proposed streets and intersections, water and sewer lines, stormwater facilities and other improvements shall conform to the Chestnuthill Township Official Map in terms of layout, existing and required rights-of-way, and coordination with reservations identified on the Official Map for street widenings and improvements. All improvements shall, to the greatest extent possible, be designed to avoid encroachment on areas subject to the Official Map. In cases where only a portion of a tract is being developed or dead-end streets are proposed, the Township may require future streets to be shown to ensure connection to abutting tracts or existing streets.

§ 98-57 Streets.

Access to streets.

All proposed subdivisions and land developments shall have adequate and safe access to the public street system.

Frontage. Any lot created under this chapter shall have frontage and access onto either:

A public street (which may be required to be improved as necessary under Subsection M); or

A private street constructed to the same standards as a public street and that has a permanent system to ensure adequate maintenance, except as provided in Subsection A(5) and (6) below.

Private streets and an existing lot. A preexisting lawful lot of record that abuts an existing private street that does not meet Township standards may have access for a single principal use onto such private street, but no new lot shall be created with access onto such street, except as provided in Subsection A(5) and (6) below.

Emergency access. Suitable access for emergency vehicles shall be provided within all subdivisions and land developments, including adequate clear width, and including access to reach all principal buildings. Driveways shall be designed to be accessible to emergency vehicles. Driveways shall have a ten-foot minimum horizontal clearance, a twelve-foot minimum vertical clearance and be designed to support the weight of a loaded fire engine pumper truck.

Existing private street and new lots. An existing private street may be upgraded to allow the creation of one or two new lots, if approved by the Board of Supervisors and if the following conditions are met:

The applicant shall grant a sufficient width of easement along the street to affected property owners to result in a total fifty-foot minimum easement width along all street frontage that is owned by the applicant.

The applicant shall agree to ensure that the private street will be upgraded prior to occupancy of the new lot(s) with appropriate stone, tar and chip or bituminous paving to result in a minimum cartway width of 18 feet, from the driveways of the new lots to a public street.

The owners of the parent lot and any new lots shall be bound to annually contribute towards the maintenance of the street.

The Board of Supervisors shall determine that the street will be suitable for access by emergency vehicles, after any improvements that the applicant may agree to make.

The Board of Supervisors shall determine that the private street is the only reasonable method of providing access to the property.

Parking courts. If individual units of an office park, townhouse, apartment or mobile home park development have vehicular access onto a private parking court, that parking court is not required to meet Township construction standards for streets, provided:

[Amended 4-23-2015 by Ord. No. 2015-05]

That the parking court and related accessways have vehicular access onto a public street; and

(Except for a rental development) that there be a system to ensure maintenance of the parking court that is acceptable to the Board of Supervisors.

Streets and topography. Proposed streets shall be adjusted to the contour of the land to produce usable lots and reasonably sloped streets. See the steep slope regulations in Chapter 119, Zoning.

Street continuations.

Stub streets. Where deemed necessary by the Board of Supervisors for efficient movement of traffic, a subdivision or land development shall include the extension of a proposed street with right-of-way to the boundary line of the tract to provide for an eventual extension into the adjacent tract for efficient circulation of traffic throughout the area.

Widening. Where a subdivision or land development abuts or contains an existing street of inadequate cartway or right-of-way width, additional right-of-way and/or cartway width shall be required conforming with the Table of Design Standards for Streets.[1]

Editor's Note: The Table of Design Standards for Streets is included as an attachment to this chapter.

Intersections.

The center lines of streets shall intersect at right angles except where the Board of Supervisors determines that a right angle intersection is not feasible. In such case, the intersection shall be at as nearly a right angle as possible, with an absolute minimum angle of 75°. This requirement for right angles shall not apply for one-way streets, where the angle of the intersection is conducive for one-way traffic, nor for approved eyebrow extensions of local residential streets.

Alignment of street intersections.

No more than two streets shall intersect at one point.

Where a proposed street or business driveway intersects an existing cross street, such proposed street or business driveway shall be aligned with any street intersecting on the other side of the cross street, unless the Board of Supervisors or PennDOT determine that such alignment is not reasonable or feasible.

Minimum distance from intersections.

If a proposed street cannot intersect at the same location as a street on the other side of the cross street, then the proposed street shall be offset by the following minimum distances from the nearest intersection of streets:

[Amended 7-16-2019 by Ord. No. 2019-01]

Along a local street: 150 feet;

Along a collector or connector street: 400 feet; and

Along an arterial street: 1,000 feet.

Measurement. The minimum distances of this subsection shall be measured between the points where the center lines of the rights-of-way of the intersecting streets intersect with the center line of the cross street (see the following figures).

At street intersections, lot lines shall be rounded by arcs with the radii listed below. For arterial streets, the Board of Supervisors may require a larger radius than stated below, if recommended by the Township Engineer. A smaller radius may also be approved under § 98-7.

Type of Street	Minimum Radius of Arc at Intersection of Cartway Edge or Curbline (feet)	Minimum Radius of Arc at Intersection of Right-of-Way (feet)
Arterial	40	30
Collector	35	25
Local	25	15

Arterial and collector street frontage. Where a subdivision or land development abuts or contains an existing or proposed arterial or collector street, the Board of Supervisors shall require one or more of the following methods of layout and site design if it determines one or more of these methods will be reasonable, feasible and necessary to avoid increased traffic congestion and improve traffic safety. The Board's decision to use one or more of the following methods will be based on the recommendations of the Planning Commission, the Township Engineer, any comments from PennDOT and any professional traffic studies that have been submitted:

The use of a marginal access or "frontage" street or access only onto side or interior streets, to collect traffic from numerous driveways and direct it to a select few number of entrances to the arterial or collector street; and/or

The minimization of the number and length of driveway cuts or street intersections onto an arterial or collector street, which may include requiring the use of shared driveways between adjacent uses or lots; and/or

The restriction of ingress and egress involving left-hand turns onto or off of the arterial or collector street; and/or

The prohibition of driveways from individual dwellings entering directly onto an arterial or collector street. If there is no alternative to this, each driveway entering onto an arterial or collector street shall have adequate turnaround space for vehicles provided within the lot so that vehicles do not back onto the street.

Street design standards.

Minimum street design standards shall be as shown in the Table of Design Standards for Streets,[2] unless PennDOT establishes a more restrictive requirement along a state road.

Editor's Note: The Table of Design Standards for Streets is included as an attachment to this chapter.

Shoulders. In addition to the cartway widths stated above, any street that does not have curbs shall include appropriate six-foot-wide shoulders along each side of the cartway of an arterial street and four feet wide shoulders on each side of the cartway of any other street. A two-foot minimum shoulder width shall be allowed along a local residential street that is projected ultimately to serve a maximum of 1,000 average weekday trip-ends.

See construction standards below.

If the shoulders are paved, they shall be separated by a stripe from the travel lanes.

The Board of Supervisors may also waive or reduce the requirement for shoulders through § 98-7 if necessary to minimize the removal of mature trees and alteration of important natural features.

Horizontal curves shall connect street lines that are deflected in excess of 2°. Vertical curves shall be used at changes of grade exceeding 1%. The length of the vertical curve shall be determined by the required site distance specified in the Table of Design Standards for Streets.[3]

Editor's Note: The Table of Design Standards for Streets is included as an attachment to this chapter.

All approaches to an intersection of two or more streets shall have a leveling area not greater than four-percent grade for a minimum distance of 25 feet, measured from the nearest right-of-way line of the intersecting street.

The minimum grade of any street gutter shall be 1.0%.

A minimum tangent of 100 feet, measured from edge of cartway, shall be required between a curve and a street intersection where one of the intersecting streets is a collector or an arterial street.

Any development of 25 or more dwelling units shall have at least two means of vehicle access into the development. The second means of access may be limited to emergency vehicles, provided the applicant proves the access will be properly designed for its intended purpose.

Easements. See § 98-64.

Clear sight triangle; minimum sight distance.

Clear sight triangle.

At any intersection with a street of another street(s) or an accessway or driveway serving two or more nonresidential principal uses, a clear sight triangle shall be provided. Such triangle shall be graded, cleared and kept clear of sight obstructions (other than official street sign posts and individual trunks of canopy-type trees) for a height between two and 10 feet above the ground level.

Such clear sight triangle shall be protected by a permanent deed restriction, covenant stated on the record plan, municipal easement or other legally binding method acceptable to the Township.

Such clear sight triangle shall be determined by the distances stated below, which shall be measured along the center lines of the rights-of-way (or cartways where rights-of-way do not exist) of streets/accessways/driveways. Such distances shall be measured from the intersection of such lines, with the third leg of the triangle connecting the opposite ends of each leg.

Where a street, accessway or driveway enters onto a public street, one leg of the clear sight triangle shall be measured 25 feet back from the edge of the cartway of such street, accessway or driveway. Another leg of the triangle shall be measured along the center line of the length of the street that is intersected. This leg shall be a minimum of 350 feet long for an arterial street and 200 feet long for a collector or local street. These two legs shall be connected by a third longer leg to form a triangle.

Sight distances.

An applicant for access for a new street, accessway or driveway onto a Township street shall prove that the new access would meet the same PennDOT sight distance requirements as if the street was a state road. See Section 441.8 of PennDOT highway occupancy regulations, or its successor sections.

If the applicant proves to the Township that it is not possible to meet the desirable sight distances that are stated in PennDOT regulations, then the intersection shall be located at the point of maximum sight distances that are achievable within the street length of the property and shall meet the minimum required safe sight distances set forth in such PennDOT regulations.

In the event that the applicant proves to the Township that the minimum required safe sight distances cannot be met, then the Board of Supervisors may require one or more of the following:

Require that the intersection be located at the point where maximum sight distance can be achieved;

Restrict turning movements into or out of the intersection (such as no left turns into or out of the intersection);

Require the installation of a right turn acceleration or deceleration lane;

Require the installation of a left turn standby lane;

Require that the horizontal or vertical alignment of the street be altered;

Require an alternative form of access, such as a shared driveway with another lot, or access onto a different street; and/or

Deny approval of the plan on the grounds that the minimum safe distance requirement cannot be met and that therefore public safety cannot be adequately protected, and/or that any restrictions on turning movements would not be practical or would have adverse impacts upon other properties and streets that may be used for turnarounds.

In the event that turning movements from an intersection are to be restricted, the applicant shall provide a detailed design of the proposed intersection and an engineering analysis of the anticipated impacts resulting from such restricted turning movements. The design and analysis shall be prepared by a professional engineer with expertise in traffic engineering, and shall address the following:

The impacts on other lots and streets within the vicinity that may be used by motorists for turnarounds.

The impacts on public safety, considering sight distance and types of vehicles.

The provision of appropriate methods to ensure compliance with the turning restrictions, such as channelization, alignment, and signage. Such methods should be certified as complying with applicable standards of PennDOT or AASHTO.

Cul-de-sac streets.

Cul-de-sac streets shall be permitted with a maximum length of 800 feet. This distance shall be extended to a maximum length of 1,500 feet if the street is within a conservation subdivision, and the applicant proves to the satisfaction of the Board of Supervisors that a suitable and conveniently located firefighting water supply source will be readily accessible to the subdivision. Cul-de-sac streets must be provided with a turnaround with a minimum paved radius of 40 feet to the face of the outside curb and a minimum radius of 50 feet to the legal right-of-way (see the figure below).

The circular right-of-way of the cul-de-sac shall maintain a minimum 10 feet width between the edge of paving and the edge of the right-of-way. The circular paving of the cul-de-sac shall be connected to the approach paving by an arc having a radius of not less than 50 feet.

The Board of Supervisors, after offering the proposal for review by the Planning Commission, may permit acceptable alternative turnaround designs, including a turnarounds of acceptable radii incorporated into a parking court or a landscaped island within a cul-de-sac or a one-way loop street.

The turnaround shall have a sufficient radius to allow movement by school buses, snow plows and delivery trucks, even if a vehicle is parked along the side of the cartway.

If a landscaped island is used, it shall be planted in a manner that will require minimal maintenance and shall include a system to provide maintenance that is acceptable to the Township.

If a one-way loop street is used, it shall not require one-way traffic for more than 500 feet of road length, and shall have a minimum paved width of 14 feet.

No street shall dead-end without an approved turnaround at the end of the street. Temporary stub streets shall be required to include at least a temporary cul-de-sac, if the stub would be longer than 150 feet or serve more than three dwellings or lots.

The maximum cross slope on the circular part of a cul-de-sac shall be 7%.

A cul-de-sac street shall serve a maximum of 20 dwelling units, except that 25 dwelling units shall be allowed for a conservation subdivision. See also Subsection F(7).

A snow storage easement shall be established at the end of the cul-de-sac, which shall provide for proper drainage as the snow melts. This easement shall be located so that a snow plow can push snow relatively straight from the street to the far end of the cul-de-sac. This snow storage easement shall be located clear of any driveways.

The following sketch illustrates a preferred design for cul-de-sac streets, where it works topographically.

Maintenance. As a condition for final plan approval, the developer must enter into a legally binding agreement which shall state who is to be responsible for the improvement and maintenance of any street not offered for dedication. If an association of lot owners is to be made responsible, such association must be legally organized prior to plan approval by an agreement approved by the Township.

Street design and construction standards.

Streets (and alleys where provided) shall be graded, improved and surfaced to the grades and dimensions shown on plans, profiles and cross-sections submitted by the developer and as approved by the Board of Supervisors and shall meet applicable Township standards.

Right-of-way grading.

The right-of-way shall be graded according to the approved cross-section. The excavation shall be backfilled and suitably compacted to the satisfaction of the Township Engineer.

The finished street surface shall be crowned in conformance with the Township specifications.

A proper superelevation (banked curves) shall be provided on arterial and collector streets when required by the Township Engineer.

Grading beyond right-of-way.

The subdivider or developer may be required to grade beyond the right-of-way line in order to provide continuous slope from the right-of-way line to the proposed elevation of the abutting property.

Such grading beyond the right-of-way shall generally maintain the original directions of slope except where stormwater runoff designs dictate changes.

Approved plans, either preliminary or final, showing proposed grading, shall be a covenant running with the land, unless altered by written permission from the Board of Supervisors.

In areas of earth excavation or earth fill, such grading shall be done to a maximum slope of four feet horizontal to one foot vertical. In areas of rock excavation, such grading shall be done to a maximum slope of one foot horizontal to two feet vertical.

In no case shall the required street grading extend onto an adjoining property with a different landowner, unless the other adjoining property owner gives a written agreement to the developer to accomplish such work.

Trench excavation. All trenches excavated within the cartway of an existing or proposed public street or right-of-way shall be mechanically compacted with backfill acceptable to the Township Engineer or be stone backfilled if the cartway is to be paved in the same construction season.

Drainage of streets shall comply with § 98-61 of this chapter.

Street construction standards. All street pavements shall comply with the provisions of this section, except as provided in Subsection K(7) below or unless a specific different standard is required by PennDOT for a state road.

All materials, construction procedures and other specifications shall be in conformance with the latest edition of the PennDOT Publication 408.

A seven-inch minimum compacted depth stable subbase shall be provided, using PennDOT Type 2A aggregate or better, unless the Township Roadmaster preapproves an alternative subbase. The subgrade shall be properly rolled and crowned.

The Township may require a greater depth where necessary considering the conditions of the subgrade. Materials that are unsuitable, wet soils and soils subject to frost-heave shall be removed and replaced, drained or otherwise stabilized to handle anticipated loads.

The Township may require field and/or laboratory testing of the subgrade, particularly if on-site shale is proposed to be used.

The Township may require compaction tests, with the Township's costs reimbursed by the developer.

A 3.5 inch minimum compacted depth bituminous concrete base course shall be provided. This depth shall be increased to five inches for a collector or arterial street.

For a collector or arterial street, a three-inch minimum ID-2 bituminous surface shall be provided. For a local street, a two-inch minimum ID-2 bituminous surface course shall be provided.

PennDOT "Type 3" or better shoulders shall be provided on each side of the travelway for a collector or arterial street. Stone shoulders may be used along a local street. Along a local residential street, the Township may at its option approve the stone being covered with soil and planted in grass in a manner that still provides stabilized support for occasional vehicle parking.

All street construction materials shall be certified in writing by the supplier as meeting PennDOT specifications.

Alternative street specifications. An applicant may, if recommended by the Township Engineer and approved by the Board of Supervisors under § 98-7, use an alternative road bed design that the applicant proves provides the same minimum load capabilities and durability as the required standard.

Subdrains. In poorly drained areas, suitable subgrade drains or parallel drains may be required by the Township. Subgrade drains shall conform to PennDOT Publication 408 and shall be provided with a suitable outlet.

Alleys and shared driveways. Alleys and shared driveways serving more than one lot shall be constructed with a five-inch minimum compacted depth stone subbase, two-inch minimum compacted depth bituminous base course, and a one-inch minimum compacted depth surface course. For shared driveways, see also § 98-65G.

Guide-rails. Streets shall be designed with geometric features that minimize the need for guide-rails. Guide-rails shall only be installed where the result of striking an object or leaving the roadway would be more severe than the consequence of striking the guide-rail. Guide-rails shall be installed by the developer where necessary to meet the guide-rail standards in the PennDOT publication entitled "Guidelines for Design of Local Roads and Streets" or where otherwise required by the Board of Supervisors. Guide-rails shall meet the construction standards of PennDOT Publication 408 and PennDOT Standards for Roadway Construction or alternative standards preapproved by the Board of Supervisors.

Street inspections. The entity constructing a street shall provide the Township Roadmaster or his/her designee with a minimum five business days advance notice before the start of initial construction of improvements and a minimum two business days advance notice before the following street construction is accomplished so that an inspection may be scheduled:

Excavation of the road site.

Preparation of the road subgrade.

Installation of the road subbase.

Compaction of the base course.

Installation of paving material.

Construction of culverts and drainage swales.

Tree stumps shall not be buried within the right-of-way.

The developer shall ensure that center-line striping is painted on streets in conformance with PennDOT specifications. The Township may require the installation of reflectors in areas prone to fog.

Private vs. public streets. See the provisions of Subsection A. The Board of Supervisors shall have the authority to decide whether to accept an existing or proposed street as a Township-maintained public street.

Required traffic improvements.

Purpose. In recognition of Section 503(2)(ii) and (3) of the Pennsylvania Municipalities Planning Code,[4] this section is primarily intended to ensure that streets bordering a subdivision or land development are coordinated and of such widths and grades and in such locations as deemed necessary to accommodate prospective traffic and to facilitate fire protection and to ensure that the access into and out of subdivisions and land developments is sufficiently safe.

Editor's Note: See 53 P.S. § 10101 et seq.

Process. This Subsection M shall be carried out through determinations of the Board of Supervisors, after considering any recommendations of the Planning Commission, the Township Engineer, the applicant, the applicant's professional representatives, any comments from PennDOT that may be provided regarding a state road and any professional traffic studies that may have been submitted.

On-site/abutting traffic improvements. If, in the determination of the Board of Supervisors, there is a reasonable relationship between the need for an on-site improvement and the traffic created by a proposed subdivision or land development, the applicant for such subdivision or land development shall be required to complete the needed improvement or fund his/her fair share of the cost of such traffic improvement and to dedicate sufficient street right-of-way for needed improvements.

Widening of abutting roads. An applicant for any land development or major subdivision shall be required to pave any existing unpaved street and widen the cartway and any shoulders of abutting streets to Township standards to result in a minimum paved cartway width of 20 feet, plus shoulders meeting Subsections F and K, or other specifications approved by the Board of Supervisors.

Where the Board of Supervisors determines that land owned by another entity on the other side of the street is likely to be developed in the near future, the Board of Supervisors may permit an applicant to only improve the street from the center line of the street right-of-way inward towards the project's lot lines., provided that sufficient improvements would still be completed for public safety.

A lesser width may be permitted where the Supervisors determine that such would be appropriate and/or would save mature trees.

A wider width may be required by the Board of Supervisors where needed along a collector or arterial street.

Such improvements and right-of-way shall be required unless the Board of Supervisors determines:

That there is not a reasonable relationship between the improvements and the traffic created by the proposed development; or

That widening or right-of-way or other improvements are not needed or that a lesser improvement is sufficient; or

That PennDOT specifically refuses in writing to allow such improvement to a state road in the foreseeable future, in which case the Township may still require that abutting right-of-way be dedicated to the Township or reserved for future dedication if needed in the future.

Any improvement to a state street shall meet all PennDOT standards.

Types of required traffic improvements.

The following shall be the definition of "on-site improvement" (unless this definition is amended by state law): "All street improvements constructed on the applicant's property, or the improvements constructed on the property abutting the applicant's property necessary for the ingress or egress to the applicant's property."

On-site improvements may include, but are not limited to, a new or upgraded traffic signal, land dedication to improve an abutting intersection, realignment of an abutting curve in a road or the widening of the abutting cartway and right-of-way.

Funding. In place of completing a required street improvement as a condition of final approval, an applicant may enter into a legally binding development agreement with the Township for the applicant to fund the improvement, or his/her fair share of such improvement, as determined by the Board of Supervisors.

Accounting. Any such funds may be placed in escrow until such time as sufficient funds are available for a more comprehensive improvement, with interest being used towards the cost of the improvement. Any such funds received under this subsection shall be accounted for separately.

Staging. Any completion or funding of a required improvement may occur in stages in relationship to the stages of the development, if so stated in a legally binding development agreement and/or as a condition of final plan approval.

Traffic impact studies.

Purposes:

To enable the Township to assess the impact of a proposed development on the transportation system.

To ensure that proposed developments do not adversely affect the transportation network.

To identify any traffic problems associated with access from the site to the existing transportation network.

To delineate solutions to potential problems and propose improvements to be incorporated into the proposed development.

Applicability.

A traffic impact study shall be required for any subdivision or land development that at build-out after completion of all phases is projected to generate 500 or more average daily trip ends. "Trip ends" shall mean the total number of trips both entering and exiting the proposed development. These projected trip ends shall be based on the latest edition of the publication titled "Trip Generation," published by the Institute of Transportation Engineers, or upon traffic studies conducted within the last five years at comparable developments.

If a development is proposed to be submitted in phases, the initial traffic study shall consider a reasonable estimate of the likely development in later phases, in addition to the current phase.

The boundaries of the study area to be analyzed shall include those existing and proposed streets and intersections which may be affected by the proposed subdivision or land development. If there is any dispute as to whether existing and proposed streets and intersections may be affected or not, the final discretion shall rest with the Township Engineer or designated traffic engineer.

In lieu of submitting a traffic impact study, under the provisions of § 98-7, the Board of Supervisors may approve a modification to accept a fee from an applicant to be put towards the cost of a larger more comprehensive traffic study or to accept a developer making an improvement to a street that otherwise would not be required by the Township or PennDOT.

Traffic impact study contents.

Site description. This section shall include the location, proposed land uses, acreage, construction staging and completion date of the proposed land development. Types of dwelling units and number of bedrooms shall be included for residential developments, and gross and usable floor area for nonresidential developments. A brief description of surrounding land uses and other proposed land developments within the study area shall be provided. A study area map should also be included.

Transportation facilities description.

The study shall describe the proposed internal transportation system, including vehicular, bicycle, bus and pedestrian circulation, all internal roadway widths and rights-of-way, parking conditions, traffic channelizations and any traffic controls within the site.

The study shall describe location and design of proposed access, including sight distance limitations and distance from adjacent driveways and intersections.

The report shall describe the external roadway system within the study area. Major intersections in the study area shall be identified and mapped. Any proposal for bus or van service shall be described. Pedestrian and bicycle facilities on abutting properties shall also be documented. All proposed or approved roadway improvements within the study area shall be noted.

Existing traffic conditions. Existing traffic conditions shall be documented for all streets and intersections in the study area. Traffic volumes shall be recorded for existing average daily traffic, existing peak hour traffic and for traffic during the development's peak hour. Complete traffic counts at all intersections in the study area shall be conducted, encompassing the peak hours of the development and roadway. A volume capacity analysis using the procedures of the current Highway Capacity Manual and based upon existing volumes shall be performed during the peak hour(s) of the development for the peak hour(s) of all roadways and major intersections in the study area. Levels of service shall be determined for each location.

Traffic impact of the development. Estimation of vehicular trips to result from the proposal shall be completed for the peak hour(s) of both the street system and the development. Acceptable source(s) and methodology shall be followed. These generated volumes shall be distributed to the study area and assigned to the existing streets and intersections throughout the study area. Documentation of all assumptions used in the distribution and assignment phase shall be provided. Traffic volumes shall be assigned to all access points. Safety issues for any pedestrian crossings shall be described. Any characteristics of the site that will cause unusual trip generation rates and/or traffic flows shall be noted.

Analysis of traffic impact. The total future traffic demand based on full occupancy of the proposed subdivision or land development shall be calculated for the existing and proposed streets and intersections. This demand shall consist of the combination of the existing traffic expanded to the completion year through the use of an accepted background growth rate, the development-generated traffic, and the traffic generated by other proposed developments in the study area. A volume/capacity analysis shall also be conducted using the total future demand and the future roadway capacity. This analysis shall be performed using the peak hour(s) for all streets and major intersections in the study area. The Township Engineer may also require this analysis to be conducted for the peak hour(s) of the development. Volume/capacity calculations shall be completed for all movements at major intersections. Levels of service for all streets and intersections shall be listed.

Conclusions and recommended improvements.

Any movements on streets and intersections within the study area showing a level of service E, or worse, based on the latest edition of the Highway Capacity Manual, shall be considered deficient. Specific recommendations for the elimination of these problems shall be listed. For unsignalized intersections where the traffic impact of the development causes the side street approach to degrade to a level of service D or lower, the intersection shall be evaluated for a signal warrant. Highway capacity evaluations shall consider not only the overall intersection level of service, but also each approach and movement to identify any substandard values which need to be improved.

All locations where the level of service for the completion year of the development is deficient without the proposed development, the study shall determine improvements which would provide a level of service and delay no worse than conditions without the subject development. These improvements may include street and intersection design and improvements, traffic signal installation and operation, traffic signal timing and other improvements. The study shall also provide an analysis to determine improvements which would eliminate all deficient levels of service.

Actions to facilitate use of bus or van service shall be included, if applicable.

The listing of recommended improvements for both streets and transit shall include, for each improvement, the party responsible for the improvement, a preliminary cost estimate and funding of the improvement, and the phase of development during which the improvement is proposed to be completed. Any roadway improvement which requires increased right-of-way shall be identified.

The traffic impact study may be used as a basis for a Township requirement under Subsection M or another section of this chapter

Improvement plans shall not be submitted to the Pennsylvania Department of Transportation (PennDOT) before they are submitted to the Township. Approval of a site access plan by PennDOT does not guarantee approval by the Township.

Preparation and review. The preparer of the traffic impact study shall be a professional engineer or transportation planner. The developer shall reimburse the Township for reasonable fees and expenses incurred by the Township Engineer or Traffic Engineer for the review of the developer's traffic impact study and plans.

Transportation management plan for special events. For special events or developments with venues for cultural, entertainment or sports at which attendance is projected to exceed 4,000 persons per day, a transportation management plan shall be prepared. This plan shall be in addition to all other requirements of any traffic impact study under this section. The plan shall describe the peak days and times of events, and the anticipated directions of traffic. The plan shall describe all facilities and coordination which will be used to accommodate the traffic generated by these events. This should include, but not be limited to, use of satellite parking facilities, provision of bus or van service, traffic control facilities and traffic control personnel, anticipated coordination with emergency services and law enforcement, and signage or message boards on the local roadway system and on interstate and major state roadways within and entering the region. The accommodation of employee transportation and parking shall also be described.

§ 98-58 Blocks.

Maximum length. Residential blocks shall not exceed 2,000 feet in length in subdivisions using an average lot size of one acre or larger and shall not exceed 1,500 feet in length in subdivisions having an average lot size less than one acre, unless permitted by the Board of Supervisors.

Pedestrian crossings. The Board of Supervisors may require that a pedestrian access easement be provided to provide pedestrian access where street connections are not available to serve the same purpose.

Future street. Blocks shall be considered to be separated by the reservation as part of an approved subdivision plan of a 50 feet minimum right-of-way reserved for a future cross-street, such as a street is intended to serve future interior lots. Such future street is not required to be constructed until such time as the lots fronting on it are subdivided. Such right-of-way shall be retained in the same ownership as the abutting interior lot(s) until a street may be developed.

Minimum length. Residential blocks shall have a minimum length of 250 feet, unless otherwise approved by the Board of Supervisors.

Blocks shall be of sufficient width to permit two tiers of lots, except where access is limited by virtue of an adjoining arterial street or by virtue of topographic limitations, unless permitted by the Board of Supervisors.

§ 98-59 Lots.

Zoning. All lots shall conform to all requirements of Chapter 119, Zoning, as were in effect at the time such subdivision plan was duly submitted.

Street frontage. All lots shall front on a public street with a minimum paved cartway abutting the lot of 20 feet, or that the applicant agrees to so improve through the posting of acceptable financial security, or on a private street within the requirements of § 98-57 of this chapter.

The average depth-to-width ratio of a lot shall generally not be greater than three to one, unless otherwise permitted by the Board of Supervisors.

Side lot lines shall abut and be approximately at right angles to straight streets and on radial lines to curved streets, unless otherwise permitted by the Board of Supervisors. Pointed or very irregularly shaped lots shall be avoided.

Special provisions.

Lots abutting two streets on two noncontiguous sides shall ordinarily not be created except as needed to avoid direct vehicular access onto an arterial or collector street by individual driveways. This shall not apply to a lot abutting an expressway.

Rear yard buffers along major streets.

Any residential lot of less than two acres with a rear yard directly abutting a collector or arterial street or expressway shall along such rear yard include a ten-foot-wide planting strip along the back of the lot, with access across this strip clearly prohibited on notes on any approved plan.

[Amended 2-7-2006 by Ord. No. 2006-03]

In addition to any street trees required by § 98-71 of this chapter, this planting strip shall include evergreen plantings meeting the buffer yard requirements of Chapter 119, Zoning, or alternative landscaping approved by the Planning Commission. American arborvitae and similar weak-stemmed plants shall not be used.

Any fencing in the rear of such lots shall be placed on the inside of such plantings. Such plantings shall be placed so that they do obstruct safe sight distance.

A lot, other than preserved common open space, that would not be suitable for uses permitted in that zoning district shall not be created as part of a subdivision, but instead shall be incorporated into another lot.

§ 98-60 Common open space, recreation areas and fees.

(Note: For open space within a conservation subdivision, see § 98-76, which provides a different set of standards than are provided in this § 98-60.)

Purposes:

To provide adequate open spaces, recreational lands and recreational facilities to serve new inhabitants/occupants of new developments, for both active and passive recreation.

To recognize and work to carry out the Recreation Plan for Chestnuthill Township, and Regional Recreation and Open Space Plan, once that is adopted.

Applicability. This section shall apply to any subdivision or land development for which a preliminary plan or a combined preliminary/ final plan is submitted after the enactment date of this amendment. This § 98-60 shall not apply to plans that the Board of Supervisors determines only involve adjustments or corrections to an approved preliminary plan or a preliminary plan that was actively before the Township for consideration as of the date of the adoption of this section, provided the adjustments do not increase the number of proposed dwelling units or involve a new principal nonresidential building.

Limitations on use of fees.

Any fees collected under this section shall be placed within an interest-bearing account and shall be accounted for separately from other Township funds.

To make sure that the lands and facilities are accessible to the inhabitants of the developments that paid fees towards their cost, such fees should only be used within a five-mile radius of the boundaries of the subdivision or land development that paid the fees, unless the fees are used within a recreation area open to the public that the Township intends to serve the entire Township. In addition, the Township may commit fees towards a recreation area open to the public in an adjacent township that would be intended to serve inhabitants of the development that paid the fees.

Such fees shall only be used for the following: acquisition of public open space and related debt payments, development of public recreational facilities, landscaping of public open space and closely related engineering and design work.

Unless the Township identifies fees for a different set of facilities or recreation area, then the fees shall be used for the further development of the Township Park along Merwine-Hilltop Road, as a generally centrally located recreation area providing programs and facilities for all residents and employees within the entire Township.

Land to be preserved. Any subdivision or land development regulated under this § 98-60 shall be required to preserve the specified amount of common open space, unless the Board of Supervisors determines that recreation fees shall be required in lieu of land.

As a general nonbinding guideline, it is the intent of this section that smaller developments (such as 10 or fewer dwelling units or under five acres of nonresidential land) that do not include land that is adjacent to existing publicly owned land shall be required to pay a recreation and open space fee in lieu of dedicating land. However, if the applicant refuses to pay such fees, then common open space shall be required to be preserved.

The land and fee requirements of this section shall be based upon the number of new dwelling units, the square feet of floor area within new principal nonresidential buildings, and the square feet of solar array area in a solar commercial facility (as defined in Chapter 119, § 119-21) that would be allowed on the lots of a subdivision or land development after approval. No fee or land requirement shall be required for agricultural, livestock or poultry buildings.

[Amended 10-17-2023 by Ord. No. 2023-01]

Prime open space. For the purposes of this section, the term "prime open space" shall mean land proposed to be established as common open space that would meet all of the following standards:

Less than six-percent slope;

Not a wetland under federal and/or state regulations;

Be part of a contiguous tract of at least two acres (which may include existing adjacent common open space); and

Not be within the one-hundred-year floodplain as defined by official floodplain maps of the Township.

Amount of common open space. If a subdivision or land development is required to include common open space, the following amounts for each permitted new dwelling unit shall apply:

	Percentage of the Total Required Common Open Space that Would Meet the Definition of "Prime Open Space"	Minimum Required Common Open Space Per Permitted Dwelling Unit (square feet)
	0% to 25.0%	5,200
	25.1% to 75.0%	2,600
	75.1% to 100%	1,300

Amount of common open space. If a subdivision or land development is required to include common open space, then a minimum of 3% of the total lot area of all nonresidential lots within the subdivision or land development shall be required to be preserved as common open space. (Note: In most cases, the general intent is to seek fees in lieu of land for nonresidential development.)

Fees. If the Board of Supervisors determines that a proposed subdivision or land development is required to pay fees in lieu of dedicating open space, this fee shall be as established by the Township Fee Schedule, which may be updated by resolution of the Board of Supervisors.[1] Until such time as a different fee may be established or revised by resolution, the following fees shall apply:

A fee of $1,500 per dwelling unit; and

[Amended 8-16-2005 by Res. No. 2005-15]

A fee of $0.25 per square foot of new indoor nonresidential building floor area. No fee shall apply for a building of less than 1,000 square feet of floor area, nor for agricultural, livestock or poultry buildings, nor for buildings/lots that are not required to be approved under this chapter.

A fee of $0.25 per square foot of solar array area in a solar commercial facility (as defined in Chapter 119, § 119-21).

[Added 10-17-2023 by Ord. No. 2023-01]

Editor's Note: The current Township Fee Schedule is on file in the Township offices.

Decision on land vs. fees. The Board of Supervisors shall determine whether a land dedication would be in the public interest, or whether the payment of fees is required. This determination should, but is not required to, be made at the time of sketch plan review. The Township should, at a minimum, consider the following in this decision:

Whether the land in that location would serve a valid public purpose.

Whether there is potential to make a desirable addition to an existing public or School District recreation area or to create a greenway along a creek.

Whether the proposed land would meet the objectives and requirements of this section and any relevant policies of the Township Comprehensive Plan, Interim Recreation Plan or Regional Recreation and Open Space Plan.

Whether the area surrounding the proposed development has sufficient existing recreation and open space land, and whether it is possible for pedestrians and bicyclists to reach those lands.

Any recommendations that may be received from the Planning Commission, the Township Engineer, the local School Board or School District staff and the Township Parks and Recreation Board.

Common open space to be preserved.

Suitability. Common open space shall be suitable for its intended purpose, in the determination of the Board of Supervisors. The applicant shall state in writing what improvements, if any, he/she will commit to make to the land to make it suitable for its intended purpose, such as grading, landscaping, or development of trails. Such land shall be free of construction debris at the time of dedication.

Ownership. Required common open space shall be dedicated to the Township, unless the Board of Supervisors agree to accept a dedication to any of the following: the School District, Monroe County, the Pennsylvania Bureau of State Parks, the Pennsylvania Fish and Boat Commission, the Pennsylvania Game Commission, a similar governmental agency, an incorporated property owner association (such as a homeowners' or condominium association) or an established environmental organization acceptable to the Board of Supervisors. In the case of a rental development, the Township may permit the common open space to be retained by the owner of the adjacent principal buildings.

If common open space is to be owned by a property owner association, the developer shall be required to establish such association in a form that requires all property owners within the development to annually contribute to the maintenance of the common open space.

Any property owners' association agreements regarding required common open space shall be subject to acceptance by the Board of Supervisors, based upon review by the Township Solicitor.

Prior to the sale of any dwelling unit or lot, all deeds shall require each property owner to pay fees on a regular basis for the maintenance and other expenses of owning such land. The property owners shall be incorporated with covenants and bylaws providing for the filing of assessments. After providing notice to affected owners, the Township shall have the authority to establish municipal liens upon all properties in the association to fund maintenance of the land and Township legal costs if the property owners' association does not fulfill its responsibilities.

An orderly process shall be established for the transfer of the land to the association. The Township may delay a dedication of maintenance responsibilities by a developer to a property owners' association until such association is incorporated and able to maintain such land.

The property owners' association shall be established in full compliance with applicable state law, including the Uniform Planned Community Act.[2]

Editor's Note: See 68 Pa.C.S.A. § 5101 et seq.

Transfer to another entity. If the approved plan states that ownership of and/or responsibilities to maintain the common open space are limited to a particular entity, then any transfer of ownership or responsibilities to another entity shall require preapproval by the Board of Supervisors. Where land is to be owned by a conservation organization, a process should be established for the land to transfer to a different organization if the first organization is not able to fulfill its obligations.

The Board of Supervisors shall have the authority to refuse to accept an offer of dedication of common open space to the Township.

Easements/deed restrictions. Any required common open space dedication shall include deed restrictions or conservation easements to permanently prevent its development for buildings, except buildings for approved types of noncommercial recreation or to support maintenance of the land. Such deed restrictions or conservation easements shall, at a minimum, be enforceable by the Board of Supervisors. The Supervisors may require that the restrictions or easements also authorize their enforcement by a suitable third party.

Priorities. Priority shall be given to dedication of land that would be suitable for:

Additions to existing public schools and public parks;

Preservation of woods, steep slopes or other important natural features or land along a creek; or

For centralized active recreation.

Suitability. Land that is not suitable for active or passive recreation shall not be permitted to meet the requirements of this section. Any land area used to meet the requirements of this § 98-60 shall meet the definition of "open space, common" that is stated in Chapter 119, Zoning. Portions intended for active recreation shall be well-drained, of less than six-percent average slope and not require filling in of a wetland for use.

Access and contiguousness. Common open space within a subdivision or land development shall be contiguous, except as may be specifically exempted by the Board of Supervisors, and shall have adequate access for maintenance and by pedestrians.

Other ordinances. Any required land dedication or fees under this section shall be in addition to any land dedication or improvement requirements of any other Township ordinance. However, if more than 20% of the total lot area of a tract is to be permanently established as publicly owned recreation land or recreation land available without charge on a daily basis to residents of the development, then such dedication may be substituted for the land dedication or fee requirements of this § 98-60.

[Amended 5-1-2014 by Ord. No. 2014-02]

Residual lands. If only a portion of a larger tract of land is currently proposed to be subdivided, or the applicant owns one or more adjacent tracts that are not currently proposed to be subdivided, the applicant shall provide a sketch of a possible future land dedication on these adjacent lands. The intent is to coordinate current plans with any future development, even in the long-term.

Coordination with future adjacent dedication. The Board of Supervisors may require that a required land dedication within a property currently being subdivided be placed along an edge of the property so that it may, in the future, be combined with an open space dedication on the edge of an adjoining property when that adjoining property is subdivided or developed.

Combination of land and fees. Upon mutual agreement of the Board of Supervisors and the applicant, the Township may accept a combination of common open space and fees in lieu of land to meet the requirements of this section for a subdivision or land development. This combination shall be based upon the common open space requirement applying for a certain number of dwelling units or portions of a nonresidential development and the fee in lieu of land requirement applying for the remaining development. For example, if a development included 25 dwelling units, common open space could be required for 15 dwelling units and fees could be required for 10 dwelling units.

Timing of residential fees. Fees required by this section for all of the dwelling units shall be paid prior to the recording of the final plan, except as follows:

If the required fee would be greater than $2,000, and the applicant and the Township mutually agree to provisions in a binding development agreement to require the payment of all applicable recreation fees prior to the issuance of any building permits within each clearly defined phase or subphase of the development, then fees are not required to be paid prior to recording of the final plan but may instead be paid within the requirements of that development agreement.

If the applicant agrees to pay such fees in installments, then all such fees shall not be considered to be "paid" for the purposes of any applicable time limitations for utilization under the State Municipalities Planning Code until all such fees are paid in full, including all installments and phases.

Timing of nonresidential fees. Fees required by this section for any nonresidential subdivision or land development shall be paid prior to the recording of the final plan of a subdivision or final approval of a land development, whichever occurs first, except as follows:

If the applicant establishes a legally binding mechanism acceptable to the Township Solicitor, the fees may be paid prior to the time a land development plan is approved for each lot, as opposed to at the time an entire subdivision is approved.

Where fees are paid at the time of subdivision approval, and the applicant does not know the size of the building that will be developed, then a ratio of 0.25 building floor area to 1.0 lot area shall be assumed. Therefore, a 48,000 square foot lot would be assumed to have a building floor area of 12,000 square feet.

Facilities in place of land or fees.

An applicant may submit a written request for a modification of the requirements of this section by offering to construct substantial permanent recreation facilities within the proposed subdivision or land development or on public parkland. Such modification shall only be approved if the applicant clearly proves to the satisfaction of the Board of Supervisors that the facilities will serve a valid public purpose, will be designed following modern standards in a durable manner and will have a higher market value than the land or fees that would otherwise be required.

A modification of these requirements may also be approved by the Board of Supervisors if the applicant donates or sells appropriate public recreation land to the Township or the School District. In such case, the applicant shall provide a written appraisal from a qualified professional that the market value of the donation or price reduction is greater than the value of the fee or land requirement that is waived. In such case, the land shall be determined to be suitable for public recreation by the Board of Supervisors.

§ 98-61 Stormwater management.

General provisions.

See the provisions of Chapter 92, the Chestnuthill Township Stormwater Management Ordinance.

[Amended 3-4-2008 by Ord. No. 2008-02]

Consistency with stormwater ordinance. The provisions of this § 98-61 shall apply except where a specific provision of Chapter 92, the Chestnuthill Township Stormwater Management Ordinance, supersedes this chapter under a specific provision of the State Storm Water Management Act,[1] such as regarding release rates. In case of any differences between Chapter 92, the Chestnuthill Township Stormwater Management Ordinance, and this section, where Chapter 92, the Chestnuthill Township Stormwater Management Ordinance, does not supersede, then the more restrictive requirement shall apply.

[Amended 3-4-2008 by Ord. No. 2008-02]

Editor's Note: See 32 P.S. § 680.1 et seq.

Velocity control measures. The Board of Supervisors, based upon the recommendations of the Township Engineer, may require specific sizes or types of stormwater velocity control measures based upon both the need to control the velocity and upon long-term maintenance concerns.

Stormwater runoff from any subdivision or land development (including during construction and earthmoving) shall not occur at a peak rate (measured in cubic feet per second) that is greater after development than occurred prior to development unless permitted under guidelines established in Chapter 92, the Chestnuthill Township Stormwater Management Ordinance.

[Amended 3-4-2008 by Ord. No. 2008-02]

Runoff shall be controlled from a site using appropriate means of detention of water on the site and/or other approved types of stormwater management, within the requirements of this chapter and Chapter 92, the Chestnuthill Township Stormwater Management Ordinance.

[Amended 3-4-2008 by Ord. No. 2008-02]

Runoff that is detained shall be held and released at a predetermined controlled rate by appropriately installed devices. The release shall be in the same manner as the natural or predevelopment means of discharge from a site (such as point discharge or sheet flow).

Stormwater runoff shall not be increased or redirected in such a way that it results in hazards to persons or property or interferes with the normal movement of vehicles.

All stormwater management methods are subject to approval by the Township Engineer, including all outlet locations.

All lots shall be laid out and graded to prevent cross-lot drainage, to provide positive drainage away from proposed building locations and any primary or alternate septic system locations. Stormwater shall also be not be redirected towards buildings or on-lot septic systems off of the site.

All stormwater management plans shall take into account and provide for existing flow from upstream areas within the entire watershed, including considering future flows after development considering existing zoning regulations.

The existing points of natural drainage discharge onto adjacent property shall not be altered to increase flows nor shall the concentration of water runoff be increased because of development without the written approval of all affected landowners.

No stormwater runoff or watercourse shall be diverted in a way that overloads existing drainage systems, or creates flooding or the need for additional drainage structures on other private properties or public lands, without Township approval of provisions to be made by the developer for properly handling such conditions, including water runoff impoundments, if necessary.

Properly designed open swales and other surface drainage facilities shall be used where feasible. If determined by the Board of Supervisors to be necessary, based upon the recommendation of the Township Engineer, then an adequate storm sewer system consisting of inlets and underground drainage pipes with approved outlets shall be constructed by the developer. The Township may determine whether an underground storm drainage is needed based upon the expected velocity and depth of the stormwater flows (including depths in the street) and the proximity of dwellings.

Underground flows. Any diverted or affected underground water flows shall be properly dissipated or controlled to prevent velocities or concentrations that could harm a street or cause erosion within the right-of-way. Appropriate methods of control may include, but are not limited to, perforated pipe or other methods to slow the discharge of the water.

(14)

Sequence of construction. No substantial grading shall occur and no building permits shall be issued for any building unless any detention basin, siltation basin or improved major swale approved to handle the resulting runoff is in place. Any detention basin shall be seeded and stabilized and have an installed outlet structure prior to the construction of any streets or buildings within that drainage basin.

(15)

Phasing. The phasing of a development shall ensure that all stormwater facilities needed to manage runoff from a phase are in place and functioning adequately prior to and after the construction of buildings in that phase. This shall, for example, include the extension of the main outfall line. This may require the use of temporary structures, which shall be shown on submitted plans. If the development occurs in phases, the entire system shall be shown as part of the preliminary plan submission.

Calculations of stormwater runoff. The methods and design storms described in Chapter 92, the Chestnuthill Township Stormwater Management Ordinance, shall apply.

[Amended 3-4-2008 by Ord. No. 2008-02]

The stormwater calculations shall include the following:

Information required for preliminary and final plans within Articles V, VI and VII of this chapter.

Predevelopment and post-development drainage maps showing existing and proposed grades and including any off-site tributary area.

Predevelopment and post-development runoff calculations.

Detention basin design calculations (as applicable).

Pipe and swale sizing calculations.

Such information as the Township Engineer determines is needed to determine compliance with this chapter, including, but not limited to, slopes, proposed elevations, typical cross sections and details.

Where crop farming or disturbed earth exists on the site prior to development, meadow in good condition shall be used as the starting base for the predevelopment calculation. The existing condition definition within Chapter 92, the Chestnuthill Township Stormwater Management Ordinance, shall apply.

Design submission.

Within the one-hundred-year floodplain, any stormwater management structures and systems shall be designed to handle a one-hundred-year storm. A twenty-four-hour Type II storm shall be used if using the soil complex method.

The stormwater management plan shall show that a one-hundred-year, twenty-four-hour storm can be safely conveyed without jeopardizing any principal building on or adjacent to of the site.

All plans showing the proposed storm drainage construction must be accompanied by a complete design stamped and signed by a Pennsylvania registered engineer or Pennsylvania registered landscape architect.

Methods of detention and flow delay. The following methods of detention or flow delay devices may be found to be acceptable by the Township Engineer:

Wet or dry ponds and detention basins.

Roof storage and increased roof roughness.

Parking lot detention.

Infiltration trenches.

Porous pavements, grassed channels and vegetated strips.

Cisterns, underground reservoirs or covered ponds.

Increasing the roughness coefficients on the development's surface area.

Decreasing the percentage of impervious area.

Promoting groundwater recharge.

Routing flow over lawns in swales within stormwater easements.

Detention storage within the storm sewer.

Another method that may be approved by the Township Engineer.

Groundwater recharge; best stormwater management practices.

[Amended 3-4-2008 by Ord. No. 2008-02]

Groundwater recharge requirements of Chapter 92, the Chestnuthill Township Stormwater Management Ordinance, shall be followed.

Where such measures are required, the applicant shall submit construction details of the measures.

Best management practice measures to promote recharge shall include, but not be limited to, the following:

Structural and nonstructural devices promulgated in the Pennsylvania Stormwater Best Management Practices Manual.

(Reserved)

Maintenance. Where such measures are required, the applicant shall show that adequate provisions will be put into place to ensure proper maintenance of the measures and to avoid groundwater contamination. Throughout the life of the use, the then-current owner of the lot shall be responsible for maintenance of the measures to make sure that they continue to serve their intended purposes.

Infiltration. Areas intended for infiltration devices shall be protected from compaction, including prior to and during construction. Infiltration devices shall not receive runoff until areas flowing into the devices have been stabilized.

Detention basins standards.

Perforated risers, staggered orifices, V-notch weirs, or other outlet structures as approved by the Township Engineer, may be required for outlet control.

All detention basins shall be designed with an emergency spillway.

All stormwater detention facilities shall provide a minimum 1.0 foot freeboard above the maximum pool elevation association with the two-year through twenty-five-year runoff events. An emergency spillway shall be designed to pass the one-hundred-year runoff event with a minimum 0.5 foot freeboard.

The downstream slope of the spillway shall as a minimum extend to the toe of the berm embankment. The edge of the basin grading shall be within the subject property.

All detention basin outflow structures shall be designed with trash racks over the inlets.

[Amended 3-4-2008 by Ord. No. 2008-02]

The emergency spillway and the outfall of the detention basin shall be stabilized accordingly to convey design flows without erosion in accordance with PA DEP Erosion and Sediment Pollution Control regulations.

[Amended 3-4-2008 by Ord. No. 2008-02]

The minimum top width of a detention basin berm shall be:

[Amended 3-4-2008 by Ord. No. 2008-02]

	Height (feet)	Top Width (feet)
	0 to 3	4
	3 to 5	6
	5 to 15	8
	Above 15	Minimum 10 feet and in accordance with PA DEP dam regulations

In order to provide proper drainage, a minimum grade of 1.5%, directed toward the outlet structure, shall be maintained across the basic floor. A lesser grade may be permissible provided that a concrete low-flow channel is provided or a permanent pool elevation is proposed. This restriction does not apply to forebay within basins or water quality control basins.

[Amended 3-4-2008 by Ord. No. 2008-02]

Slopes of basin. The maximum inside slope of earth detention basin embankments shall be four horizontal to one vertical. The maximum outside slope shall be four to one. The Board of Supervisors may permit a reduction of inside and outside slopes to a three to one maximum where the applicant proves that such slopes will be able to be properly and attractively maintained. The top or toe of any slope shall be located a minimum of five feet from any property line. Whenever possible the side slopes and basin shape shall be amenable to the natural topography. The maximum slope of an accessway for maintenance shall be eight horizontal to one vertical where such accessway is required by the Board of Supervisors, based upon the recommendations of the Township Engineer.

[Amended 3-4-2008 by Ord. No. 2008-02]

Outfall. Where no existing point of concentration exists, the outfall from a detention basin shall not discharge closer than 30 feet from the adjoining property line, unless permission is given, in writing, by said adjacent property owner.

Where discharge from the detention basin is to be spread into sheet flow, the allowable flow shall be determined by the predevelopment flow rate for a two-year storm, across the length of the spreader.

Antiseep collars and a cutoff trench shall be required on basins having a berm height exceeding five feet. Watertight antiseep collars shall be installed around the discharge pipe at intervals not to exceed 24 feet or as approved by the Township Engineer. Such collar shall extend a minimum of two feet beyond the outside of the pipe.

(Reserved)[2]

Editor's Note: Former Subsection F(10), regarding special treatment in an area of low soil permeability, was repealed 3-4-2008 by Ord. No. 2008-02.

Basins not having direct access to a public street shall have a twenty-five-foot-wide, usable access easement to a public street for the purpose of maintenance.

The design engineer shall verify that the operation of the detention facility will not significantly increase downstream peaking conditions.

For the purpose of this section, a retention basin shall be required to meet the same standards as a detention basin.

(14)

Landscaped screening of detention basins.

A detention basin with a basin depth of greater than 20 inches shall be screened from view of existing dwellings, a residential zoning district or a public street, unless the basin would meet all of the following conditions:

It would have an average slope of less than four to one on the inside of the berm of the basin;

Either both the inside and outside of the basin would be planted in grass and intended to be mowed or planted in other attractive vegetative ground cover, or would be designed to closely resemble a natural pond; and

The basin would not be surrounded by a primarily metal fence.

Any required screening shall meet the "buffer yard" standards of Chapter 119, Zoning, unless the Board of Supervisors approves an alternate landscaping arrangement that serves the same purposes. This landscaping shall not be required along an area where natural vegetation will be maintained that will completely fulfill this purpose.

Thorny and prickly shrubs (that are also attractive) are encouraged to be used around detention basins to discourage entry by children.

(15)

Areas of stormwater basins that are visible from streets and dwellings shall be attractively maintained.

(16)

All outflow structures from storage facilities shall be equipped with a regulatory device that will permit modification to regulate the amount of outflow. Suitable antivortex and/or velocity retarders shall be used. Entrances to stormwater pipes, including outflow pipes in detention basins, shall have childproof grates or similar devices.

(17)

Retention basins. Aeration devices may be required, dependent upon the quality of the influent and detention time.

(18)

Recreation. When reasonable, efforts should be made to allow suitable recreational uses of portions of detention areas. This might include designing a detention basin with a low-flow channel so that only a portion would be wet after a minor storm, and the remainder would be well-drained during all except the most serious storms. These areas may be acceptable at the discretion of the Township as part of any Township requirement to provide recreation land.

Construction standards.

[Amended 3-4-2008 by Ord. No. 2008-02]

Standards. Construction and materials of storm drainage and control facilities (including pipes) and erosion control facilities shall be in accordance with the approved plans and any accompanying specifications. The construction details and standards of the following publications, or their successor publications, in their most recent revision shall be used:

Pa. State Erosion and Sediment Pollution Control Manual and Best Management Practices Manual.

PennDOT, Form 408, Specifications.

PennDOT, RC Series, Roadway Construction Standards.

In cases where the above documents conflict with Township specifications, the Township's specifications shall supersede, except in areas of PennDOT jurisdiction.

Pipe materials. All pipe materials shall meet PennDOT standards. Drainage pipes may be constructed out of smooth-lined high-density metal, aluminized smooth-lined high-density metal, smooth-lined high-density polyethylene plastic, bituminous coated smooth-lined high-density metal or reinforced concrete, or closely similar materials preapproved by the Township Engineer. However, only reinforced concrete shall be used for drainage pipes under the structure of streets, unless a material with similar characteristics is determined to be acceptable by the Township Engineer.

Drainage pipe, culvert and catch basin design.

Open pipe ends must be fitted with concrete end walls, prefabricated end sections, riprap and/or energy dissipaters, as deemed appropriate by the Township Engineer.

Drainage pipes shall have a minimum diameter of 15 inches and a minimum slope of 0.5%. Drainage swales not designed for stormwater detention shall have a minimum slope of 2%. See § 98-57F(5) concerning gutters. As a minimum, the tops of all pipes should be at the same elevation when changing pipe sizes.

[Amended 5-1-2014 by Ord. No. 2014-02; 7-16-2019 by Ord. No. 2019-01]

Manholes or inlets shall be used at all changes in horizontal alignment, at changes of vertical grade and at all pipe intersections. No run of pipe shall exceed 400 feet in length, without appropriate measures to allow cleanout. Trash racks shall be placed on all stormwater entrance structures.

Bridges and culverts shall meet PennDOT Construction Standards. The DEP shall be contacted to determine if a dams and waterways permit is required.

Grating. Appropriate safety grates shall be attached to all catch basins, stormwater inlets, pipe openings and other stormwater receiving structures, as needed, to ensure that maximum openings do not exceed 25 square inches. Along streets and pedestrian areas, bicycle-safe grates shall be used as needed.

Storm sewer outfall. Storm sewer outfalls shall be designed, with respect to the elevation of the invert or other features, that when the receiving watercourse is within a twenty-five-year storm, the storm sewer will continue to drain the area it is designed to serve.

"V" shaped swales shall not be permitted.

Stormwater easements.

Where required. Where a subdivision or development is traversed by a watercourse, drainageway, channel or stream that the Township Engineer determines is subject to significant stormwater flows, there shall be provided a drainage easement established along the following:

The one-hundred-year floodway, where that is defined;

Where a one-hundred-year floodway is not defined, the one-hundred-year floodplain;

Where a one-hundred-year floodplain is not defined, a width shall be used that includes a minimum of 25 feet on each side of the top of the primary bank of the waterway.

The drainage easements required by the above subsection are intended to preserve the unimpeded flow of natural drainage and to provide for future possible widening, deepening, relocating, improving or protecting of such drainage facilities. The Township Engineer may require up to a 0.5 foot freeboard and/or an additional ten-foot building setback if deemed necessary along newly constructed watercourses.

If a major man-made drainage channel would pass within close proximity to homes and possibly threaten the safety of persons, the Board of Supervisors, based upon the advice of the Township Engineer, may require such certain lengths of such channel to be placed within appropriate underground pipes.

It shall be the responsibility of the applicant to obtain all stormwater easements on, over or through other properties that are needed to carry out the proposed storm management plan.

Areas where stormwater easements have or will be granted shall not be obstructed during or after construction.

See also the easement requirements in § 98-64 of this chapter, including provisions regarding maintenance and obstructions.

Surface waters.

All natural streams, channels, swales, drainage systems and/or areas of concentration of surface water shall be maintained in their existing condition unless alteration is approved by the Township Engineer. The applicant shall be responsible to obtain all necessary DEP permits (see Chapter 105 of Title 25 of the state regulations).

Creek alignments. Any change to the alignment of a watercourse, or any blocking, impeding or redirecting of a watercourse, shall only occur with written approval of DEP and the Township Engineer.

Ownership and maintenance of stormwater facilities. A system for the ownership and maintenance responsibilities of all temporary and permanent stormwater facilities and erosion and sedimentation control facilities that is satisfactory to the Board of Supervisors shall be established prior to final plan approval.

The stormwater management plan shall include a plan stating the proposed methods and schedules of maintenance of stormwater facilities to ensure their proper operation. The method of ownership and maintenance responsibilities of stormwater facilities shall be subject to approval by the Board of Supervisors.

At its discretion, the Township may require that stormwater facilities be dedicated to the Township for maintenance. However, the Township is under no obligation to accept dedication or maintenance responsibilities. If the Township accepts maintenance responsibilities, it may require the developer to fund an account to pay for ongoing maintenance.

The Township may require that maintenance responsibilities be handled through a property owners' association with all owners legally obligated to fund their share of the costs.

If stormwater facilities that require proper maintenance are to be privately owned, legal mechanisms shall be established prior to property conveyance to require the owner and his/her successor and assigns to properly maintain the facilities in a safe, functional and attractive manner in accordance with the approved maintenance schedule.

If stormwater facilities will not be municipally owned, the developer shall establish a legal right of the Township to access the facilities for periodic inspections and maintenance at the Township's discretion. However, the Township is under no obligation to perform such inspections and maintenance. The Township may require that the entity responsible for maintenance of stormwater facilities reimburse the Township for costs of maintenance and repair of stormwater facilities if that entity fails to perform its duties.

Stormwater facilities shall be designed to require minimal maintenance.

All storm drainage facilities shall be properly maintained by the party designated as responsible on the final subdivision plan, unless the Board of Supervisors agrees to accept a change in the party responsible or the party owning the facility.

§ 98-62 Sanitary sewage disposal systems.

In general.

All subdivisions and land developments shall be served with an approved and adequate sewage disposal system (either on-lot or public) that will meet state and Township regulations.

Public sewage connections. Any principal building or use within a subdivision or land development that generates wastewater and that in the determination of the Board of Supervisors, based upon the advice of any applicable municipal authority and the Township Engineer, could reasonably connect into a public sewage system shall be required to connect into that system. The applicant shall be responsible to pay such reasonable capital expenses that are necessary for such connection.

Central sewage service.

If a municipality or a municipal authority is to provide the central sewage service, such agency shall have the authority to approve or reject the proposed sewage collection system for just cause.

Nonpublic sewage service. If nonpublic central sewage service is proposed, the Board of Supervisors shall have the authority to permit or not permit such service to meet the sewage requirements of this section based upon:

Whether public sewage service is expected to be available within five years of the date of preliminary plan approval;

Whether the proposed system would be consistent with the Township's official Sewage Facilities Plan; and

Whether the system would include an appropriate permanent system for professional operation and maintenance.

On-lot sewage disposal system.

If connection to a public sewage system is not required at the time of occupancy, and if nonpublic central sewage system is not approved by the Township under the Township Sewage Facilities Plan, then each lot shall be required to be served by an on-lot sewage disposal system that will meet all applicable state regulations. Each such proposed location shall be tested and approved by Township Sewage Enforcement Officer, prior to approval of the final plan.

Portable chemical toilets allowed as per DEP regulation or other approved privies shall not be used as a primary method of sewage service for a subdivision or land development that operates more than 10 days in any calendar year, other than publicly owned outdoor recreation uses and construction sites.

See Chapter 119, Zoning, which requires a tested alternate septic system location meeting all DEP regulations.

The applicant shall submit results or a summary of the tests of required on-lot septic tests and shall show approved test locations on the preliminary plans in accordance with DEP planning module requirements.

Laterals. Each lot with central sewage service shall be served by a separate sewage lateral.

§ 98-63 Water supply systems, fire hydrants and fire protection.

In general.

All subdivisions and land developments shall be served with an adequate on-lot or central water supply system that will meet DEP and Township requirements.

Required connections to central water systems.

The Board of Supervisors, after requesting any recommendations of the Planning Commission, the Township Engineer and the appropriate water supplier, shall require all lots and principal uses within a subdivision or land development to be connected to an existing public or Township-approved central water system where the Board of Supervisors determines that such connection would be feasible, cost-effective and reasonable, considering the distances that the lines would need to be extended and the average cost per dwelling or lot.

If an applicant does not wish to extend central water service, then the applicant shall provide a comparison of the estimated total costs of extending the central water service vs. the total costs of developing wells. Such cost comparison shall be prepared by a professional and be provided to the water supplier and the Township Engineer for review.

Unless the Board of Supervisors determines that a water extension is needed to resolve a significant public health or safety hazard, the Township shall not require the extension of central water service if the Board of Supervisors determines either of the following to be true:

That the total costs of the central water extension would be more than three times the total costs of constructing wells; or

That the costs to the applicant of extending the central water service would be greater than 15% of the estimated total market value of the subdivision or land development after development approval and after the construction of improvements.

Dry water lines.

The Board of Supervisors, after requesting any recommendations of the Planning Commission, the Township Engineer and the appropriate water supplier, may require that a subdivision or land development include the installation of "dry" water lines if the Board of Supervisors determines that such requirement would be reasonable and that such development is likely to be able to be served by an extension of an existing Township-approved central water system within 10 years. The Township is not responsible to guarantee that such water connection will occur or be possible within the ten-year period.

Such lines shall be required to meet the construction standards of the water supplier to which the lines are intended to be connected.

A developer in such case may only be required to construct:

Such mains and laterals that would be needed to be located within the right-of-way of a newly constructed or reconstructed street(s); and

Such other mains that would be needed within the boundaries of the subdivision or land development.

Private water system.

The Board of Supervisors, based upon recommendations of the Township Engineer, may require or permit the development of a new private central water system if such system can reasonably be expected to be connected into an extension of an existing central water supplier within 10 years.

Such system in that case shall be constructed following official standards of the water supplier to which it is intended to be connected.

In such case, the approved plan should include a specific provision offering dedication of such system to the central water supplier in the future, without any purchase cost by such central water supplier.

Central water supply system.

Water supplier approval. Proposed extensions of central water systems shall meet all applicable procedures, reviews and requirements of any appropriate municipal authority or water company. Such extension shall be approved by such agency prior to final plan approval, although specific detailed service agreements are not required to be signed until prior to recording.

Nonpublic supplier. Any new central water system that is not owned by a public authority or municipality shall be found to be acceptable in capacity, pressure, design and construction by the Board of Supervisors, based upon review of the Township Engineer. The Board of Supervisors may deny permission for a subdivision or land development to be served by a nonpublic central water system if such system cannot guarantee sufficient water pressure and capacity and would not include a suitable process for long-term operation and maintenance.

On-lot water system (wells).

Well locations. When a subdivision or land development is not required to connect to a central water system, acceptable locations for on-lot water systems shall be shown on plans and shall be constructed in accordance with regulations of DEP.

Setback. Wells should be located no closer than 25 feet from any future street right-of-way. (Note: Wells should also be located to meet minimum requirements of the Federal Housing Administration, in case an FHA mortgage may be sought.)

Fire hydrants. All subdivisions and land developments that will be served by central water service shall provide fire hydrants as needed with appropriate water pressure so that all dwelling units and principal buildings are within 600 feet of an active fire hydrant.

Fire protection plan. If a subdivision or land development is proposed after build-out to include 20 or more dwelling units or 50,000 square feet or more square feet of building floor area, then a fire protection plan shall be submitted with the final subdivision or land development plan. This fire protection plan shall prove that adequate water supplies will be available for fire fighting.

These water supplies may be provided on-site (such as an aboveground or underground storage tank) or by a developer funding the construction of a water supply and/or dry hydrant at a suitable location that will be within reasonable proximity of the proposed development. The water supply shall be designed to be quickly connected to fire apparatus.

This fire protection plan shall be offered to local fire officials for review.

Water studies.

Purposes:

To provide the Township with information to properly evaluate the impact a proposed development will have upon groundwater resources.

To make sure that adequate water supplies will be available to service a proposed development without negatively impacting adjacent uses dependent upon the same water sources.

A hydrogeologic study shall be required to be submitted by the applicant whenever a proposed use, subdivision or land development will involve total average water usage of groundwater or spring water after build-out exceeding 10,000 gallons per day. (Note: Regulations of the State Department of Environmental Protection may also require the submission of a hydrogeological study as part of the sewage facility planning process if there is a known presence of high nitrate levels in the vicinity or if where limestone-based carbonate geology is present.)

This Subsection F shall not apply to a development that will be served by a municipal or municipal authority central water system.

Credentials. The study shall be prepared by a professional geologist or professional engineer with substantial experience in preparing similar studies. Before any person or entity is engaged to prepare the study, the applicant shall submit written credentials of the individual who will direct the study. The governing body shall then have a maximum of 45 days from the date of receipt to the Township to determine whether the individual's credentials are acceptable. The governing body may also preapprove a written list of individuals who are known to be qualified to complete these types of studies.

The hydrogeologic study at a minimum shall include the following:

A location map for the proposed development showing proximity to waterways, lakes and major roads.

A proposed thirty-day average rate and maximum daily rate of groundwater or springwater withdrawal from each water source.

A map showing water withdrawal points.

An analysis of the impacts of the water withdrawal upon the groundwater supply and upon uses and creek levels within a one-half-mile radius of the project, including agricultural activities.

The analysis shall consider impacts during both normal conditions and drought conditions. Drought conditions shall be documented.

The governing body may require that the study include the construction of test wells to determine the impacts. The level, rates, dates and times of water measurements shall be provided, and weather conditions shall be documented. The impacts upon a reasonable sampling of existing wells shall be recorded, provided that the owners of such wells grant permission for such studies.

If the Township determines that the water withdrawal could have a significant negative impact upon existing water users, then as a condition of any development approval, the Township may require that the applicant commit in a legally binding manner to appropriate mitigation of the negative impacts. This mitigation may include, but is not limited to:

A financial guarantee to fund a deeper well or a connection to a central water system for properties that experience significant negative impacts after the water withdrawal occurs;

A permanent conservation easement placed on sufficient land areas to result in amounts of groundwater recharge that is equivalent to the amount of groundwater that is being withdrawn; or

A legally binding commitment to reduce the amount of the water withdrawal during drought conditions.

§ 98-64 Waste dumpsters, utilities and utility easements.

Utilities. All electric power, telephone, cable television (where available) and natural gas service lines within a new subdivision or land development shall:

Be placed underground except where the Board of Supervisors determines it is not feasible; and

Be installed in accordance with the current standards of the utility serving the subdivision or land development.

Dumpsters. All apartment developments shall include conveniently located refuse collection facilities for the residents. All uses within nonresidential land developments and subdivisions shall include appropriate refuse collection facilities. All bulk refuse collection dumpsters shall be screened on three of four sides by walls or evergreen landscaping from view of existing dwellings, adjacent undeveloped residentially zoned lots and public streets.

Easements. Easements shall be provided as follows:

Drainage, sanitary sewage, central water, emergency access and other types of easements shall be provided as determined to be needed by the Township and as indicated on the plans.

Locations. Unless waived or modified by the Township Engineer or the Board of Supervisors, all lots shall include a drainage and utility easement around the perimeter of each lot, including adjacent to the street right-of-way. However, such easements shall not be required where buildings (such as townhouses) are to be attached at a lot line.

Width. The standard minimum width of an easement shall be 15 feet, which may be reduced to 10 feet for each lot if a ten-foot minimum easement exists on the abutting side of the abutting lot.

See also drainage easement provisions in § 98-61 of this chapter.

Additional width of easements shall be provided for additional utilities if required by the water or sanitary sewage supplier or the Board of Supervisors, based upon advice of the Township Engineer. The easement widths along side lot lines may be reduced if Chapter 119, Zoning, allows a principal building setback that is more narrow than the width of the easement that would otherwise be required.

Separation. Minimum separation distances between utility lines shall be as required by the applicable utility or as deemed necessary by the Board of Supervisors based upon advice of the Township Engineer.

Pipelines. If any activity is proposed within the right-of-way of an underground fuel or gas pipeline, the applicant shall provide written evidence from the operator of such pipeline that such activity is acceptable under their safety standards and the terms of that right-of-way.

Easements shall be placed along lot lines or street rights-of-way, to the maximum extent possible, as opposed to the center of a lot.

Maintenance and obstructions. The owner of the lot shall properly maintain an easement or right-of-way in such a condition that does not inhibit its intended purpose(s). Fill or structures shall not be placed in an easement or right-of-way in a way that inhibits its intended purpose(s). Specifically, structures or grading that could alter or obstruct stormwater flows in violation of the approved final plan shall be prohibited within stormwater easements.

The Township at its option shall have the right to enter a stormwater easement or any municipal easement or right-of-way to maintain it or improve it for its intended purpose(s), although the Township does not accept the responsibility to complete such work.

§ 98-65 Access drives and driveways.

Construction standards. See § 98-57.

Access; state roads. A state highway occupancy permit is required for all access onto or work within the right-of-way of a state road. A Township driveway permit shall be obtained before any vehicle access is allowed from a Township-owned street.

Driveway slopes. Each lot shall be accessed from a street by a driveway with a maximum grade of 15% for a single-family detached dwelling driveway and 10% for any other driveway, except that, for a driveway that:

Enters onto an arterial street, the first 20 feet from such right-of-way shall have a maximum slope of 4%, and the next 80 feet shall have a maximum slope of 7%.

Enters onto any other street, the first 20 feet shall have a maximum slope of 7%.

Drainage. The developer shall make adequate provisions to maintain uninterrupted parallel drainage along a street where intersected by an access drive or driveway. Access drives and aisles within parking lots shall be graded and drained to keep the primary travel lane free of stormwater.

Unless otherwise regulated by this Chapter 98 or PennDOT, the first 20 feet (measured from the connection to the paved surface of the public street) of driveways shall be constructed with a five-inch minimum compacted depth stone subbase, two-inch minimum compacted depth bituminous base course, and a one-inch minimum compacted depth bituminous surface course.

[Amended 7-16-2019 by Ord. No. 2019-01]

The grade of the shoulder of a road shall be maintained along its length, and shall not be filled in to allow the construction of a driveway at a higher grade.

Shared driveways. Unless otherwise approved, a driveway shall serve a maximum of two residential lots. A driveway serving more than one residential lot shall only be approved if the applicant proves to the Board of Supervisors that it is needed because of a sight distance concern or to minimize disturbance of natural features. The deed of each lot shall include a proper system to ensure proper maintenance of the driveway.

§ 98-66 Off-street parking and loading.

[Amended 5-1-2014 by Ord. No. 2014-02]

All subdivisions and land developments shall be provided with parking and loading areas adequate to meet the needs of the use in accord with this § 98-66. Following the establishment of any subdivision or land development, the ongoing operation and maintenance of the off-street parking and loading facilities shall comply with the requirements of § 119-76, and violations shall be subject to the enforcement provisions of Chapter 119.

Availability and use of facilities.

Availability. The facilities required herein shall be available throughout the hours of operation of the particular business or use for which such facilities are provided. As used herein, the term "parking space" includes either covered garage space or uncovered parking lot space located off the public right-of-way.

Location of parking. Required off-street parking spaces shall be on the same lot with the principal use served, except as approved in § 98-66K or § 98-66L.

Continuing obligation of parking and loading spaces. All required numbers of parking spaces and off-street loading spaces shall be available as long as the use or building which the spaces serve still exists, and such spaces shall not be reduced in number below the minimum required by this chapter.

Nonparking use. Required off-street parking, loading, and unloading facilities and accessways shall not be used for any other purpose, including, but not limited to, sales, display or storage areas, or the parking of any vehicles for which the area was not approved (e.g., parking of tractor trailers in required passenger vehicle areas).

Existing parking. Any parking spaces serving such preexisting structures or uses at the time of the adoption of this chapter shall not in the future be reduced in number below the number required by this chapter. If a new principal nonresidential building is constructed on a lot, then any existing parking on such lot that serves such building shall be reconfigured to comply with this chapter, including, but not limited to, required parking and areas reserved for additional parking if needed, requirements for channelization of traffic from adjacent streets, channelization of traffic within the lot, minimum aisle widths, paving and landscaping.

Garages and carports. Garages and carports not in the public right-of-way may be considered parking spaces.

Site plan; design.

Site plan. The project application shall include a site plan that shows the parking, loading and unloading area, and access design.

General. Parking spaces, loading and unloading areas, and accessways shall be laid out to result in safe and orderly use and to fully address all of the following: vehicular access onto and off the site, vehicular movement within the site, pedestrian patterns and any drive-through facilities. No parking area shall cause a safety hazard or impediment to traffic on or off the lot.

Pedestrian access and circulation. The parking and access plan shall include details of pedestrian access to the site and pedestrian circulation within the site. The intent shall be to facilitate pedestrian access and provide safe and convenient circulation from parking areas to the structure or use.

Design. Off-street parking areas, accessways, fire lanes, traffic flow signs, pavement markings, and other necessary facilities shall be designed and provided in accord with the most-current Institute of Transportation Engineers Traffic Engineering Handbook, or other generally accepted methodology approved by the Township. The applicant shall provide copies of the methodology used for the design. Notwithstanding the above, all parking spaces and the overall design shall be ample in size for the vehicles for which use is intended, and stalls shall be a minimum of 10 feet by 20 feet with aisles of not less than 24 feet unless designed as required above.

Illumination. All driveways, aisles, maneuvering spaces, vehicular service areas, and spaces between or around buildings, designed for use by more than four cars after dusk, other than those accessory to a single dwelling, shall be illuminated according to § 98-68.1.

Public rights-of-way. Parking, loading and unloading of vehicles shall not be permitted on public rights-of-way, except in designated areas and in accord with municipal parking regulations. No parking area shall be designed which requires or encourages parked vehicles to be backed into a public street.

Parking between principal structure and street.

VC District. In the VC District, parking shall be prohibited between the front facade of the principal building and the principal street; all parking shall be located to the side or rear of the building.

GC, LIC, GI, and BP Districts. In GC, LIC, GI, and BP Districts, no parking, loading or service area shall be located within required front setback areas (i.e., between the street right-of-way and the building setback line). Any parking, loading or service area located between the required building setback line and any principal building shall be screened per § 119-71D.

No more than 10% of off-street parking shall be located between the front facade of the principal building and the required setback line.

For large-scale retail/commercial development, such parking may be increased to 50% if the Township determines that the parking is screened from view by the use of pad-site development consisting of buildings less than 20,000 square feet of gross floor area plus the use of landscaping in the form of trees, shrubs, fencing or low walls.

Number of spaces to be provided. The number of parking spaces required by this § 98-66F shall be considered the minimum and maximum requirements unless modified in accord with this § 98-66F.

Parking required for nonresidential uses.

Parking generation manual.

Parking Demand Table. Off-street parking spaces shall be provided and maintained in accord with the Parking Demand Table included as Appendix C of this chapter[1] or the latest edition of Parking Generation published by the Institute of Transportation Engineers. The Parking Demand Table may be updated by resolution of the Board of Supervisors to include more current data.

[Amended 4-23-2015 by Ord. No. 2015-05]

Editor's Note: Appendix C is included as an attachment to this chapter.

Similar use. The parking provided for the proposed use shall be based on the most-similar use and unit of calculation listed in the Parking Demand Table as determined by the Zoning Officer.

Land uses with 85th percentile data listed in the Parking Demand Table.

Constructed. The number of paved parking spaces constructed shall conform to the average peak-period demand as noted in the Parking Demand Table.

Reserved. Space shall be reserved to allow for expansion to the 85th percentile, as listed in the Parking Demand Table, unless a reduction is approved in accord with § 98-66F(4).

Land uses without 85th percentile data listed in the Parking Demand Table.

Constructed. The number of paved parking spaces constructed shall be the average peak-period demand or 85% of the peak, whichever is reported in the Parking Demand Table.

Reserved. Space shall be reserved to allow for expansion to 115% of the number of spaces required by § 98-66F(1)(c)[1], unless a reduction is approved in accord with § 98-66F(4).

Parking required for residential uses. Two off-street parking spaces shall be provided and maintained for each residential dwelling unit, except as follows:

Single-family dwellings: three per dwelling unit.

Two-family dwellings and multifamily dwellings: two per dwelling unit.

Multifamily senior citizen and other senior citizen housing: one per dwelling unit.

Assisted living facilities or personal care homes: 0.5 per dwelling unit.

Township required reduction. In the case of parking for conditional uses and special exceptions, if the Board of Supervisors/Zoning Hearing Board determines that the number of parking spaces required by this § 98-66 is not necessarily required to meet the immediate needs of the proposed use, the Township may require the number of spaces provided to be reduced by a maximum of 25% based on the average peak-period demand or peak, whichever is reported for the use in the Parking Demand Table. The developer shall dedicate sufficient and suitable area to future parking to meet the normal standards in this § 98-66.

Applicant proposed reduction/increase. The required number of parking spaces may be reduced or increased subject to approval by the Board of Supervisors. The applicant shall provide evidence justifying the proposed reduction or increase of spaces, such as studies of similar developments during peak hours. The applicant shall also provide relevant data, such as number of employees and peak expected number of customers/visitors. Any approval to permit such decrease or increase shall be subject to the following:

[Amended 7-16-2019 by Ord. No. 2019-01]

Chapter and plan consistency. The project design and parking space reduction/increase shall be consistent with the purposes contained in this chapter and the goals and objectives of the Comprehensive Plan.

Quality of design. The applicant shall demonstrate to the Board of Supervisors that the proposed decrease will result in an adequate number of parking spaces or the increase will not produce an excess number of spaces for the use based on a specific study of the parking demands for the proposed use or empirical data reported by a generally accepted source such as the Institute of Transportation Engineers, the Urban Land Institute, the American Planning Association, or similar entity.

Local conditions. In making its determination, the Board of Supervisors shall also consider, among others, the demographics and character of the neighborhood, demographics of targeted customers and employees, availability of mass transit, existing on-street parking conditions, and any employer instituted transportation demand management programs.

Burden; conditions.

If the Board of Supervisors, in its sole discretion, determines that the applicant has met the burden of proof, it may grant the decrease or increase.

In no case shall parking be reduced by more than 30% nor be increased by more than 20% of the minimum parking requirement.

If the applicant provides more parking spaces than the minimum required, the additional parking spaces shall not result in the removal of specimen trees.

The Board of Supervisors may impose such conditions as will, in its judgment, secure the objectives and purposes of this chapter, including, but not limited to, reserving additional parking area.

Off-street loading and unloading areas.

Required. In connection with any building or structure which is hereafter erected or substantially altered and which requires the receipt or distribution of materials or merchandise by trucks or similar vehicles, off-street loading and unloading berths shall be provided as specified in this § 98-66. For the purposes of this section, the words "loading" and "unloading" are used interchangeably.

Number. Each use shall provide off-street loading facilities sufficient to accommodate the maximum demand generated by the use and the maximum sized vehicle, in a manner that will not routinely obstruct traffic on a public street. If a reasonable alternative does not exist, traffic may be obstructed during off-peak hours for loading and unloading along an alley, rear service lane or parking area. Loading areas shall not be used to satisfy parking requirements.

Location. All required loading areas shall be located on the same lot as the use to be served. No loading area for vehicles of more than two tons' capacity shall be located closer than 100 feet from any residential district. No loading area shall be located within 50 feet of a property line unless the lot is less than 200 feet wide, in which case such setback may be reduced to not less than 25 feet at the discretion of the Township. No loading facilities shall be constructed within any required setback areas. Loading facilities shall be located on either the side or rear of the building and screened in accord with § 98-71 and § 119-71D.

Access. Each required off-street loading area shall be designed with appropriate means of vehicular access to an interior drive in a manner which will least interfere with traffic movements and shall be subject to the approval of the Township. Such access shall have paved surfaces to provide safe and convenient access during all seasons.

Paving. All outside off-street loading areas shall be improved according to the street construction standards of § 98-57K(6).

Repair and service. No storage of any kind, nor motor vehicle repair work of any kind, except emergency work, shall be permitted within any required loading area.

Hours of operation. Where the use requiring loading and unloading activities is located within 500 feet of a residential use or district, the hours of operation for loading or unloading activities shall be prohibited between the hours of 11:00 p.m. and 6:00 a.m.

Fire lanes. All buildings shall be accessible to emergency vehicles and shall meet the requirements of Chapter 46.

Access to off-street parking and loading areas. There shall be adequate provisions for ingress and egress to all parking and loading spaces designed for use by employees, customers, delivery services, sales people and/or the general public. Access to and from all off-street parking, loading and vehicle service areas along public rights-of-way shall consist of well-defined separate or common entrances and exits and shall comply with the following provisions:

Width. Unless otherwise required by PennDOT for access to a state road, the width of the driveway/accessway onto a public street at the right-of-way shall be as follows:

	Width*	1-Way Use (feet)	2-Way Use (feet)
	Minimum	12	20
	Maximum	20	30

	NOTES:
	*	Exclusive of the turning radius.

Controlled access. Each entrance and exit shall be clearly defined with curbing, fencing, landscaping or vegetative screening so as to prevent access to the area from other than the defined entrance and exit.

Highway occupancy permit. All new uses shall be required to obtain a highway occupancy permit from the Township or PA DOT, as the case may be. In the case of a change in use or the expansion of an existing use, the Township shall require the applicant to obtain a highway occupancy permit or a revised highway occupancy permit. Where a use accesses the public right-of-way via a private street, the highway occupancy permit requirement and criteria shall be applied at the public right-of-way intersection.

Interior travelways. The applicant shall demonstrate that travelways within the property are adequate to safely and efficiently serve vehicles which are reasonably expected to visit the property. Turning radius templates developed by the American Association of State Highway Transportation Officials (AASHTO) shall serve as the design standard.

Curbing. Access drives and landscaping shall be defined with concrete curbing or such alternate material as may be approved by the Township.

Parking and loading area setbacks and buffers. All parking and loading areas and parallel circulation and service lanes serving any nonresidential or multifamily use shall be separated from any public street or adjoining property lines by a buffer in accord with the requirements of § 98-71 and § 119-71D.

Grading and drainage; paving.

Parking and loading facilities, including driveways, shall be graded and adequately drained to prevent erosion or excessive water flow across streets or adjoining properties.

Except for landscaped areas, all portions of required parking, loading facilities and accessways shall be surfaced with asphalt, concrete, paving block or porous pavement or pavers meeting Township specifications.

The Board of Supervisors may, as a conditional use, allow parking areas with low or seasonal usage to be maintained in stone, grass or other suitable surfaces. For example, the Board of Supervisors may allow parking spaces to be grass, while major aisles are covered by stone.

Off-lot parking. Required parking may be provided on a different lot than on the lot on which the principal use is located, provided the parking is not more than 400 feet from the principal use lot. Off-lot parking areas shall be permitted only in a district where the principal use is permitted. Both parcels shall be under the same control, either by deed or long-term lease, as the property occupied by such principal use, and each parcel shall be bound by covenants of record filed in the office of the County Recorder of Deeds requiring the owner and his or her heirs and assigns to maintain the required number of off-street parking spaces during the existence of said principal use.

Shared parking. Shared parking may be permitted in the VC, GC LIC, GI, BP, and I Districts, subject to § 119-76L.

Interconnected parking lots. The following provisions shall apply where two lots that are each intended for current or future business uses will be contiguous to each other and both of those lots are also adjacent to a collector or arterial street.

When two contiguous lots involving current or future businesses are in common ownership at the time of subdivision or land development application, the parking lots shall include an interconnection to allow motorists and pedestrians to travel from one business to another business without needing to reenter a public street.

Where two contiguous lots involving current or future businesses are not in common ownership, the applicant for a subdivision or land development shall seek permission from the abutting lot owner to allow a vehicle interconnection between the parking lots. Unless the abutting property owner refuses to permit the interconnection, the subdivision or land development shall include the construction of a vehicle and pedestrian interconnection between the parking areas. If the abutting property owner refuses to permit the interconnection or the interconnection is currently not feasible, the Board of Supervisors may require that the subdivision or land development include an easement allowing a future interconnection and/or construct the interconnection as a "stub" up to the applicant's property line.

Where an interconnection is required or planned between two uses or lots, the subdivision or land development shall include a suitable cross-easement that permits vehicles and pedestrians from one use or lot to have access through the parking lot and driveway of the adjacent use or lot.

Shopping carts. Establishments furnishing carts shall designate and reserve areas for the return and collection of carts at the rate of at least one return area per every 25 parking spaces. Return areas shall be at least 180 square feet in size.

Snow storage and removal. All plans for proposed parking areas of 50 or more spaces shall include details for adequate snow storage and removal.

Landscaping. All improved off-street parking areas not entirely contained in a garage or building shall comply with the landscaping requirements of § 98-71 and § 119-71D.

§ 98-67 Sidewalks, pathways and driveway aprons.

Sidewalks built to Township specifications shall be required where deemed by the Board of Supervisors to be necessary for safe pedestrian movement. In any case, sidewalks shall not be required along single-family detached dwelling lots of greater than 20,000 square feet in lot area, unless the Board of Supervisors determines that a situation exists that is exceptionally hazardous to pedestrians and/or within close proximity to a public school.

Pathway or bikeway.

If deemed necessary for the convenient and safe circulation of bicycles and pedestrians, the Board of Supervisors, upon the recommendation of the Planning Commission, may require that a major subdivision or land development include the construction of a pathway or bikeway.

A bikeway or pathway shall have a minimum width of four feet and a maximum width of eight feet and shall be paved to Township standards. It may be required to be placed within a street right-of-way in place of a sidewalk, or may be placed elsewhere on a lot within an easement or other right-of-way.

Location and width of sidewalks.

Sidewalks, where required or provided, shall be located within the street right-of-way and no closer than two feet from the curbline. A grass planting strip shall be planted between the curb and sidewalk. This strip shall only be paved at driveway entrances.

Any required sidewalks shall have a minimum width of five feet along arterial streets and four feet along collector or local streets unless a greater width is required by a specific section of this Chapter 98. The Board of Supervisors may require additional width for connection to existing sidewalks.

[Amended 5-1-2014 by Ord. No. 2014-02]

Construction.

Sidewalks at locations other than driveway crossings shall consist of a minimum of four inches of portland cement concrete underlain with a minimum of three inches of compacted gravel or crushed stone.

Sidewalks at driveway crossings shall consist of a minimum of six inches wire mesh reinforced portland cement concrete underlain with a minimum of four inches of compacted gravel or crushed stone.

Pathways shall be constructed of one of the following, at a minimum:

Four inches of portland cement concrete underlain by four inches of compacted gravel or crushed stone; or

Two and one-half inches of bituminous asphalt underlain by six inches of compacted gravel or crushed stone.

Handicapped access. All sidewalks and curbs at the intersection of two or more public streets shall include a sloped curb cut suitable for use by wheelchairs.

Maintenance. It shall be the responsibility of adjacent landowners to maintain, plow snow and remove ice off of and repair sidewalks.

§ 98-68 Streetlighting.

[Amended 7-16-2019 by Ord. No. 2019-01]

Streetlights shall be placed along streets within and abutting a proposed subdivision or land development where the Board of Supervisors deems them necessary to provide safe traffic or pedestrian circulation. If required, streetlights shall be designed and located in accord with Illuminating Engineering Society accepted practices.

Such lights shall meet lamp and wiring standards established by the applicable electric company.

Where streetlights are required on a public street, the public utility in most cases will be responsible for installing cabling, poles, fixtures and all other equipment required for a complete streetlighting system. The developer is responsible to complete all excavation and other work that is not the responsibility of the utility, and to fund all reasonable costs that may be levied by the public utility for such work.

Private lighting. On all private streets, parking areas and other areas requiring lighting, the developer shall provide materials, installation, energizing and power for all lighting systems necessary for security and public safety. A system acceptable to the Board of Supervisors shall be established for the maintenance of such lights.

§ 98-68.1 Control of light and glare.

[Added 5-1-2014 by Ord. No. 2014-02]

Lighting shall be controlled in both height and intensity to maintain community character; and lighting design should be an inherent part of the project design. The applicant shall provide the specifications of the proposed lighting and its arrangement on the site. Following the establishment of any subdivision or land development, the ongoing operation and maintenance of the lighting facilities shall comply with the requirements of § 119-48, and violations shall be subject to the enforcement provisions of Chapter 119.

Purpose. To set standards for outdoor lighting to:

Provide for and control lighting in outdoor places where public health, safety and welfare are potential concerns;

Protect drivers and pedestrians from the glare of nonvehicular light sources;

Protect neighbors, the environment and the night sky from nuisance glare and light trespass from improperly selected, placed, aimed, applied, maintained or shielded light sources; and

Promote energy-efficient lighting design and operation.

Applicability.

This section shall apply to all proposed subdivisions and land developments within the Township where there is exterior lighting that is viewed from outside, including, but not limited to, residential, commercial, industrial, public and private recreational/sports and institutional uses, and sign, billboard, architectural and landscape lighting.

Exemptions. The following lighting applications are exempt from the requirements of this section:

Lighting within a public right-of-way or easement for the principal purpose of illuminating streets or roads. No exemption shall apply to any lighting within the public right-of-way or easement when the purpose of the luminaire is to illuminate areas outside the public right-of-way or easement.

Lighting for public monuments and statuary.

Underwater lighting in swimming pools and other water features.

Low-voltage landscape lighting.

Individual porch lights of a dwelling.

Repairs to existing luminaires not exceeding 25% of the number of total installed luminaires.

Temporary lighting for theatrical, television, performance areas and construction sites.

Temporary lighting and seasonal decorative lighting, provided that individual lamps are less than 10 watts and 70 lumens.

Emergency lighting, as may be required by any public agency while engaged in the performance of its duties, or for illumination of the path of egress during an emergency.

Standards.

Illumination levels. Lighting shall have illuminances, uniformities and glare control in accord with the recommended practices of the Illuminating Engineering Society of North America (IESNA), unless otherwise directed by the Township.

Luminaire design.

Horizontal surfaces.

For the lighting of predominantly horizontal surfaces, such as, but not limited to, parking areas, roadways, culs-de-sac, vehicular and pedestrian passage areas, merchandising and storage areas, automotive-fuel-dispensing facilities, automotive sales areas, loading docks, active and passive recreational areas, building entrances, sidewalks, bicycle and pedestrian paths, and site entrances, luminaires shall be aimed straight down and shall meet IESNA full-cutoff criteria.

Luminaires with an aggregate rated lamp output not exceeding 500 lumens, e.g., the rated output of a standard nondirectional forty-watt incandescent or ten-watt compact fluorescent lamp, are exempt from this § 98-68.1C(2). In the case of decorative streetlighting, the Township may approve the use of luminaires that are fully shielded or comply with IESNA cutoff criteria rather than full cutoff.

Nonhorizontal surfaces.

For the lighting of predominantly nonhorizontal surfaces, such as, but not limited to, facades, landscaping, signs, billboards, fountains, displays and statuary, when their use is specifically permitted by the Township, luminaires shall be shielded and shall be installed and aimed so as to not project their output into the windows of neighboring residences, adjacent uses, past the object being illuminated, skyward or onto a public roadway.

Luminaires with an aggregate rated lamp output not exceeding 500 lumens (e.g., the rated output of a standard nondirectional forty-watt incandescent or ten-watt compact fluorescent lamp) are exempt from the requirements of this § 98-68.1C(2)(b).

Control of glare.

All lighting shall be aimed, located, designed, fitted and maintained so as not to present a hazard to drivers or pedestrians by impairing their ability to safely traverse and so as not to create a nuisance by projecting or reflecting objectionable light onto a neighboring use or property.

Directional luminaires, such as floodlights and spotlights, when their use is specifically approved by the Township, shall be so shielded, installed and aimed that they do not project their output into the windows of neighboring residences, adjacent uses, past the object being illuminated, skyward or onto a public roadway or pedestrianway. Floodlights installed above grade on residential properties, except when motion-sensor-actuated, shall not be aimed out more than 45° from straight down. When a floodlight creates glare as viewed from an adjacent residential property, the floodlight shall be required to be re-aimed and/or fitted with a shielding device to block the view of the glare source from that property.

"Barn lights," aka "dusk-to-dawn lights," when a source of glare as viewed from an adjacent property, shall not be permitted unless effectively shielded as viewed from that property.

The use of floodlights and wall-mounted luminaires (wall packs) shall not be permitted to illuminate parking areas unless it can be proven to the satisfaction of the Township that the employment of other means is not possible.

Parking facility and vehicular and pedestrian-way lighting (except for safety and security applications and all-night business operations) for commercial, industrial and institutional uses shall be automatically extinguished no later than one hour after the close of business or facility operation. When safety or security lighting is proposed for after-hours illumination, it shall not be in excess of 25% of the number of luminaires or the illumination level required or permitted for illumination during regular business hours. When it can be demonstrated to the satisfaction of the Township that an elevated security risk exists, e.g., a history of relevant crime, an appropriate increase above the twenty-five-percent limit may be permitted.

Luminaires shall be automatically controlled through the use of a programmable controller with battery power-outage reset, which accommodates daily and weekly variations in operating hours, annual time changes and seasonal variations in hours of darkness. The use of photocells is permitted when in combination with the programmable controller to turn luminaires on at dusk and also for all-night safety/security dusk-to-dawn luminaire operation when such lighting is specifically approved by the Township. The use of motion detectors is permitted.

Vegetation screens shall not be employed to serve as the primary means for controlling glare. Rather, glare control shall be achieved primarily through the use of such means as cutoff luminaires, shields and baffles, and appropriate application of luminaire mounting height, wattage, aiming angle and luminaire placement.

Light spillover.

Residential. The illumination projected from any use onto a residential use or permanent open space shall at no time exceed 0.1 initial footcandle, measured line-of-sight at any time and from any point on the receiving residential property. This shall include glare from digital or other illuminated signs.

Nonresidential. The illumination projected from any property onto a nonresidential use shall at no time exceed 1.0 initial footcandle, measured line-of-sight from any point on the receiving property.

Height. Except as permitted for certain recreational lighting and permitted elsewhere in this subsection, luminaires shall not be mounted in excess of 20 feet above finished grade (AFG) of the surface being illuminated. Luminaires not meeting full-cutoff criteria, when their use is specifically permitted by the Township, shall not be mounted in excess of 16 feet AFG. "Mounting height" shall be defined as the distance from the finished grade of the surface being illuminated to the optical center of the luminaire. Where proposed parking lots consist of 100 or more contiguous spaces, the Township may, at its discretion, based partially on mitigation of potential off-site impacts, permit a luminaire mounting height not to exceed 25 feet AFG. For the maximum mounting height of recreational lighting, refer to § 119-48D.

(j)

The United States, state and other official flags may be illuminated from dusk to dawn. All other flags shall not be illuminated past 11:00 p.m. Flag lighting sources shall not exceed 7,000 aggregate lamp lumens per flagpole. The light source shall have a beam spread no greater than necessary to illuminate the flag.

(k)

Under-canopy lighting for such applications as gas/service stations, hotel/theater marquees, and fast-food/bank/drugstore drive-ups shall be accomplished using flat-lens, full-cutoff luminaires aimed straight down and shielded in such a manner that the lowest opaque edge of the luminaire shall be below the light source and its light-directing surfaces, at all lateral angles around the luminaire. The average illumination intensity in the area directly below the canopy shall not exceed 20 maintained footcandles, and the maximum density shall not exceed 30 initial footcandles.

(l)

Soffit lighting around building exteriors shall not exceed 15 initial footcandles.

(m)

The use of white strobe lighting for tall structures such as smokestacks, chimneys and radio/communication towers is prohibited during hours of darkness, except as required by the FAA.

Installation.

Electrical feeds for lighting standards shall be run underground, not overhead, and shall be in accord with the National Electrical Code (NEC) Handbook.

Poles supporting luminaires for the illumination of parking areas and located within the parking area or directly behind parking spaces, or where they could be hit by snow plows or wide-swinging vehicles, shall be protected by being placed a minimum of five feet outside paved area or tire stops, or placed on concrete pedestals at least 30 inches high above the pavement, shielded by steel bollards or protected by other Township-approved means.

Pole-mounted luminaires for lighting horizontal surfaces shall be aimed straight down, and poles shall be plumb.

Poles and brackets for supporting luminaires shall be those specifically manufactured for that purpose and shall be designed and rated for the luminaire and mounting accessory weights and wind loads involved.

Pole foundations shall be designed consistent with manufacturer's wind load requirements and local soil conditions involved.

Maintenance. Luminaires and ancillary equipment shall be maintained so as to meet the requirements of this § 98-68.1.

Recreational uses. The nighttime illumination of outdoor recreational facilities for such sports as baseball, basketball, soccer, tennis, track and field, and football typically necessitate higher-than-normally-permitted luminaire mounting heights and aiming angles, utilize very-high-wattage lamps and potentially produce unacceptable levels of light trespass and glare when located near residential properties. Permission to illuminate such facilities shall be granted only when the Township is satisfied that the health, safety and welfare rights of nearby property owners and the Township as a whole have been properly protected. When recreational uses are specifically permitted by the Township for operation during hours of darkness, the following requirements shall apply:

Race tracks and such recreational venues as golf driving ranges and trap-shooting facilities that necessitate the horizontal or near horizontal aiming of luminaires and projection of illumination may be permitted by conditional use. A visual impact plan, as set forth in Subsection D(6) below, shall be required.

Recreational facilities for basketball, baseball, football, soccer, miniature golf, tennis or track shall not be illuminated if located within a residential district or sited on a nonresidential property located within 1,000 feet of a property within a residential district.

Sporting events shall be timed to end at such time that all lighting in the sports facility, other than lighting for safe exit of patrons, shall be extinguished by 10:00 p.m., except in the occurrence of extra innings or overtimes.

The Township reserves the right to limit the number of illuminated sporting events per week or season.

Maximum mounting heights for recreational lighting shall be in accord with the following:

Basketball: 20 feet.

Football: 70 feet.

Soccer: 70 feet.

Lacrosse: 70 feet.

Baseball and softball:

Two-hundred-foot radius: 60 feet.

Three-hundred-foot and larger radius: 70 feet.

Miniature golf: 20 feet. See "driving range" in § 98-68.1D(1).

Swimming pool aprons: 20 feet.

Tennis: 20 feet.

Track: 20 feet.

(j)

All uses not listed: 20 feet (including commercial recreational lighting not otherwise regulated in this § 98-68.1).

Visual impact plan. To assist the Township in determining whether the potential impacts of proposed lighting have been suitably managed, applications for illuminating recreational facilities shall be accompanied not only with the information required under Subsection E below but also by a visual impact plan that contains the following:

Plan views containing a layout of the recreational facility and showing pole locations and the location of residences on adjoining properties.

Elevations containing pole and luminaire mounting heights, horizontal and vertical aiming angles and luminaire arrays for each pole location.

Elevations containing initial vertical illuminance plots at the boundary of the site, taken at a height of five feet line-of-sight.

Elevations containing initial vertical illuminance plots on the windowed facades of all residences facing and adjacent to the recreational facility. Such plots shall demonstrate compliance with the light trespass and glare control requirements of § 98-68.1C(3).

Proposed frequency of use of the facility during hours of darkness on a month-by-month basis and proposed time when the sports lighting will be extinguished.

A narrative describing the measures proposed to achieve minimum off-site disturbance.

Plan submission. Lighting plans shall be submitted for Township review and approval for subdivision and land development, conditional use, variance, zoning permit and special exception applications. The submitted information shall include the following:

A plan or plans of the site, complete with all structures, parking spaces, building entrances, traffic areas (both vehicular and pedestrian), existing and proposed trees, and adjacent uses that might be adversely impacted by the lighting. The lighting plan shall contain a layout of all proposed and existing luminaires, including, but not limited to, area, architectural, building entrance, canopy, soffit, landscape, flags and signs by location, orientation, aiming direction, mounting height, lamp, photometry and type.

A ten-foot-by-ten-foot illuminance grid (point-by-point) plot of maintained horizontal footcandles overlaid on the site plan, plotted out to 0.0 footcandle, which demonstrates compliance with the light trespass, illuminance and uniformity requirements as set forth in this chapter. When the scale of the plan, as judged by the Township, makes a ten-foot-by-ten-foot grid plot illegible, a more-legible grid spacing may be permitted.

Light-loss factors, IES candela test-filename, initial lamp-lumen ratings and specific lamp manufacturer's lamp ordering nomenclature, used in calculating the plotted illuminance levels.

A description of the proposed equipment, including luminaire catalog cuts, photometries, glare-reduction devices, lamps, on/off control devices, mounting heights, pole foundation details, pole protection means and mounting methods.

Landscaping plans shall contain luminaire locations, demonstrating that the site lighting and landscaping have been coordinated to minimize conflict between vegetation and intended light distribution, both initially and at vegetation maturity.

When requested by the Township, the applicant shall also submit a visual impact plan in accord with § 98-68.1D(6).

Plan notes. The following notes shall appear on the lighting plan:

"Post-approval alterations to lighting plans or intended substitutions for specified lighting equipment on the approved plan shall be submitted to the Township for review and approval prior to installation. Requests for substitutions shall be accompanied by catalog cuts of the proposed equipment that demonstrate the proposed substitution is equal to or exceeds the optical quality and maintainability of the specified luminaires; and accompanied by a lighting plan, including a point-by-point plot, which demonstrates that proposed substitutions will result in a lighting design that equals or exceeds the quality of the approved plan."

"The Township reserves the right to conduct post-installation inspections to verify compliance with ordinance requirements and approved lighting plan commitments, and if deemed appropriate by the Township, to require remedial action at no expense to the Township."

"All exterior lighting, including building-mounted lighting, shall meet IESNA full-cutoff criteria unless otherwise specifically approved by the Township."

LUMINAIRE, SHIELDED DIRECTIONAL

"Installer shall notify Township to arrange for inspection and approval of all exterior lighting, including building-mounted lighting, prior to its installation."

Definitions. The definitions in this § 98-68.1F shall supplement the definitions in § 119-21.

ARCHITECTURAL LIGHTING

Lighting designed to reveal architectural beauty, shape and/or form and for which lighting for any other purpose is incidental.

FOOTCANDLE

The amount of illumination the inside surface of a one-foot-radius sphere would receive if there were a uniform point source of one candela in the exact center of the sphere. The footcandle is equal to one lumen per square foot and is measurable with an illuminance meter (light meter).

FULL CUTOFF

Attribute of a luminaire from which no light is emitted at or above a horizontal plane drawn through the lowest light-emitting portion of the luminaire and no more than 10% of the lamp's intensity is emitted at or above an angle 10° below that horizontal plane, at all lateral angles around the luminaire. A full-cutoff luminaire, by definition, also is "fully shielded."

FULLY SHIELDED

A luminaire with opaque top and sides, capable of emitting light only in the lower photometric hemisphere as installed. See also "full cutoff."

GLARE

Light entering the eye directly from luminaires or indirectly from reflective surfaces that causes visual discomfort or loss in visual performance and visibility.

IESNA

Illuminating Engineering Society of North America.

LAMP

A generic term for a source of optical radiation, often called a "bulb" or "tube."

LED

Light-emitting diode.

LIGHTING SYSTEM

On a site, all exterior electric lighting and controls.

LIGHT TRESPASS

Light emitted by a luminaire or installation, which is cast beyond the boundaries of the property on which the lighting installation is sited.

LUMEN

As used in the context of this chapter, the light-output rating of a lamp (light bulb).

LUMINAIRE

The complete lighting unit (fixture), consisting of a lamp, or lamps and ballast(s) when applicable, together with the parts designed to distribute the light (reflector lens, diffuser), to position and protect the lamps, and to connect the lamps to the power supply.

A fully shielded luminaire with an adjustable mounting device allowing aiming in a direction other than straight downward.

§ 98-69 Street names.

Street names are subject to the approval of the Board of Supervisors, and shall:

Continue the name of any street with the same or similar alignment; and

Not duplicate or be closely similar to the name of another street within the Township, the same fire company or ambulance service district or the same five-digit zip code area.

§ 98-70 Regulatory signs.

The developer shall reimburse the Township for the costs of supplying and installing needed traffic regulatory signs and street name identification signs on public streets. The developer shall be responsible to provide and install signs on private streets. All traffic regulatory signs shall meet current standards of PennDOT.

§ 98-71 Landscape requirements.

[Amended 5-1-2014 by Ord. No. 2014-02]

General requirements.

Plan preparation. All landscape plans shall be prepared by a landscape architect registered by the Commonwealth of Pennsylvania.

Species. All required vegetation shall be a species permitted in Appendix D.[1]

Editor's Note: Appendix D is included as an attachment to this chapter.

Planting requirements.

Street trees.

Street trees shall be required for any subdivision or land development involving:

New streets;

New sidewalks or pedestrianways;

Existing streets, sidewalks, pedestrianways, highways, bicycle trails or pathways when they abut or lie within the subdivision or land development;

Access and/or private driveways to residential developments serving four or more dwelling units.

Location.

Street trees shall be spaced to permit the healthy growth of each tree, planted no closer than 40 feet on center nor farther than 50 feet on center for each side of the street.

Street trees shall be planted within a tree lawn a minimum of six feet in width, between the edge of the cartway and the sidewalk.

Street trees shall be planted within a street right-of-way, unless an alternative location is specifically approved by the Township or required by PennDOT. Where trees are not permitted within the right-of-way, they shall be planted within five feet of the right-of-way. Where trees would interfere with sight distance, the trees shall be planted at other locations on the tract.

At intersections, trees shall be located no closer than 50 feet to the intersection of the curb.

Existing shade trees over 2.5 inches in caliper within 20 feet of the legal or ultimate right-of-way, whichever is greater, may be utilized to meet the street tree requirement.

Shade trees shall not be planted beneath utility lines. If utility lines are present, the street trees shall be planted not less than 15 feet nor more than 25 feet from the utility line. Where this is not possible due to space limitations or other reasons, a lower-growing variety or species may be substituted.

Softening buffers.

When required.

Softening buffers shall be provided in accord with Table 119-71.D.

The buffer area shall be used for no purpose other than planting of trees, shrubs and lawn to meet planting requirements and may include a wall or fence that meets Township standards.

The applicant shall not be required to provide a buffer yard planting if existing planting, topography or man-made structures are acceptable to the Board of Supervisors.

A softening buffer is not required where a screening buffer is required and provided.

Location.

Softening buffers shall be aligned adjacent and parallel to the entire property perimeter, including street rights-of-way. Plant material used in the softening buffer shall be located within 20 feet of the property line or within 20 feet of the legal or ultimate right-of-way lines, whichever is farther from the street center line, but may be sited on any position of the property if permitted by the Board of Supervisors.

The softening buffer shall be arranged to provide clear-sight triangles at street intersections and shall not obstruct sight distance requirements of the Township.

The softening buffer planting shall permit points of vehicular or pedestrian access.

The softening buffer planting shall permit points of access for utilities.

The buffer plantings shall be placed so that at maturity they will not obstruct a street or sidewalk.

Buffer plantings shall not interfere with other specific state, Township and utility requirements.

Quantity.

Four shade trees and eight shrubs shall be provided for each 100 feet of property perimeter.

Evergreen or ornamental trees may be substituted for shade trees at a rate of two per required shade tree.

Not more than 50% of required trees may be evergreen.

Screening buffers.

When required. Screening buffers shall be provided in accord with § 119-71D.

Location.

The screening buffer shall provide a visual barrier between adjacent land uses. The screening buffer shall be aligned adjacent and parallel to side and rear property lines and right-of-way boundaries.

Screening buffers shall be located within 20 feet of the property lines or within 20 feet of the legal or ultimate right-of-way lines, whichever is farther from the street center line, or may be sited in any position on the property if permitted by the Board of Supervisors.

The screening buffer plantings shall provide clear-sight triangles at street intersections and meet sight distance requirements of the Township.

The screening buffer planting shall be continuous and shall be broken only at points of vehicular or pedestrian access.

The screening buffer plantings shall not obstruct a street or sidewalk at maturity.

Screening buffer size and type.

Trees used for screening buffers shall be composed of 100% evergreen varieties. Shrubs may be a combination of evergreen and deciduous varieties.

The required plant material shall be so arranged as to provide immediate visual screening of 50%, and 100% within two years of planting.

Required evergreen trees shall be at least eight feet in height at the time of planting.

Where the screening buffer planting requires more than 50 trees, no more than 50% of these trees shall be of a single variety.

Where a wall or fence is proposed in conjunction with a screening buffer, the required plantings shall be placed between the wall or fence and the property line or right-of-way.

Where a berm is proposed in conjunction with a screening buffer, the required plantings shall be placed on the side of the berm facing the property line or right-of-way. No plantings shall be placed directly on top of the berm.

Screening shall consist of evergreen trees in double rows, staggered 10 feet to 15 feet on center per the accompanying diagram. The spacing shall be dependent on the type of trees used; pine, spruce and fir species: 15 feet; American holly: 10 feet. Shrubs may be used to supplement the evergreen trees.

Parking area landscaping.

Requirements and design standards.

Applicants are encouraged to incorporate stormwater best management practices into the required parking lot landscape areas in accord with Chapter 92 (Stormwater Management). These may include, but are not limited to, rain gardens, vegetated swales or other nonstructural methods described in the PA DEP Stormwater BMP Manual.

Quantity. One shade tree shall be provided per every 10 parking spaces.

A parking space island at least 10 feet in width shall be provided where 15 or more parking spaces are proposed in a row, per the diagram above. Islands shall contain not less than 180 square feet of planting area.

Parking space islands shall be placed at the end of each row of parking spaces beginning and/or terminating at an internal circulation drive.

Each 180 square feet of parking space island shall contain one shade tree. No more than one shade tree shall be permitted per 180 square feet. The use of salt-tolerant species is encouraged.

Shrubs shall not be permitted to be planted in parking space islands located at the terminus of a parking row.

Where the total number of parking spaces exceeds 100, divider islands shall be provided perpendicular to the parking spaces every 124 feet (or four rows of parking and two aisles).

Divider islands shall be a minimum of 20 feet in width.

Four shade trees and eight shrubs shall be provided per 100 linear feet of divider island.

[8]

Divider islands may be planted with native species tolerant of wet soils in order to function as rain gardens.

[9]

When parking areas are located within 100 feet of a public street, the perimeter of the parking area that is adjacent to the public street right-of-way shall be softened by a continuous row of shrubs around the outside perimeter. This requirement shall be in addition to any softening buffer requirements.

[10]

Entrance driveways shall be lined on each side with four shade trees and eight shrubs per 100 linear feet.

[11]

Planting design shall provide for snow removal areas and pedestrian circulation.

[12]

One additional large landscaped area shall be provided per 250 parking spaces as follows:

Each landscape area shall be a minimum of 2,000 square feet in area.

Each landscape area shall contain a minimum of five shade trees or flowering trees, plus 10 shrubs.

Areas may be combined to form fewer, larger landscaped areas when approved by the Board of Supervisors.

These areas may be utilized for stormwater management best management practices such as rain gardens and vegetated swales.

Stormwater management facility landscaping.

Whenever a detention basin or retention pond is provided, such facility shall conform to the requirements set forth in this chapter.

The facility shall be so designed that the planting in and adjacent to it shall not impair the hydrological function of the facility.

Basin floors shall be seeded with an appropriate naturalized seed mix. Where designed wetlands or wet bottom basins are proposed, plantings shall be chosen in accord with the concepts in the Chapter 92, Stormwater Management.

Stormwater management facility slopes shall be seeded in an appropriate naturalized seed mix.

Stormwater management facility perimeter plantings.

There shall be a minimum of one shade tree and two shrubs for each 30 linear feet of stormwater management facility perimeter.

Up to 50% of the shade trees may be substituted with an option of two flowering trees or two evergreen trees.

No tree planting shall be placed on the fill area of the berm.

No trees or shrubs shall be planted within the emergency spillway or in any location which blocks access to the spillway.

Protection of existing vegetation during construction.

Purposes: to protect wildlife and bird habitat, encourage groundwater recharge, reduce air pollution, avoid pollution of creeks by high-temperature runoff, maintain the attractive character of residential areas and conserve energy.

Prior to commencement of construction, demolition or earthmoving at any site, tree protection fencing a minimum of 48 inches in height shall be installed at the dripline of existing vegetation proposed to be preserved, in order to protect it against damage during demolition and construction.

Encroachment includes changing grade, trenching, stockpiling of topsoil, building or waste materials or the compaction of the soil and roots by any motor vehicle or construction equipment.

Existing trees whose root area within the dripline has been encroached upon by more than 1/4 of the total area will not be considered to be preserved and shall be replaced.

Orange snow fencing, wooden slat fencing or super silt fencing shall be appropriate for use as tree protection fence. Standard silt fence shall not be considered acceptable.

Tree cutting. The number of trees with a trunk diameter of six inches or more measured at a height of 4.5 feet above the average surrounding ground height that are cut down or effectively killed as part of a subdivision or land development (or in preparation to or as a result of such activity) shall be held to an absolute minimum, except:

As is approved under Chapter 119 (Zoning) as a forestry operation; and/or

For the routine thinning of woods; and/or

Where trees are found to be diseased and/or present an immediate threat to the public health, safety or welfare.

If an approved subdivision or land development plan states that certain trees are to be preserved, and those trees are killed or determined by a designated Township agent to be adversely affected by a lack of protection within the eighteen-month guarantee period, then the developer shall replace those trees with new mature trees, in addition to any other penalties provided in this chapter.

Landscape material requirements.

All plant material shall meet the standards of the American Standard for Nursery Stock by the American Nursery and Landscape Association (2004), or most-recent edition.

Plant materials shall meet the minimum requirements for height, spread and/or caliper for trees and shrubs as stated in this chapter. A note shall be added to the landscape plan stating this.

All plants shall be mulched to a depth of approximately two inches. No "volcano" or otherwise excessive mulching shall be permitted. Mulch shall be used only in association with planting material. Mulch shall not be used as a groundcover on its own.

All plant material shall be guaranteed for 18 months from the day of final approval of the landscape installation by the Township, which guarantee shall be secured by the posting of a maintenance guarantee. Any plant material 25% or more of which is dead shall be considered dead. A tree shall be considered dead when the main leader has died or 25% of the crown is dead. Any dead plant material shall be replaced and installed according to the approved planting practices.

The developer shall contact the Township, in writing, to request a final inspection for acceptance at the end of the guaranty period. These inspections will be performed when plant materials are in full leaf only (May 1 through November 15). The maintenance guarantee will be released upon acceptance at the end of the guarantee period. The guarantee will be extended until 30 days after receipt of the request letter following May 1. Should the end of the guarantee period occur after November 15, the guarantee period shall be extended to May 15.

Size, species and quality standards. Street trees shall be a minimum of 2.5 inches in caliper and shall be a species permitted in Appendix D, Subsection A, Shade Trees.[2] All main branches shall be pruned to a clearance height of eight feet above the ground. Street trees shall have a single, straight trunk and central leader and shall be free of disease and mechanical damage. A note shall be added to the landscape plans stating this information.

Editor's Note: Appendix D is included as an attachment to this chapter.

Maintenance guarantee.

The maintenance guarantee shall be in an amount equal to the cost of purchasing, planting, maintaining, and replacing all vegetative materials for a period of 18 months after written acceptance of the landscape installation by the Township. Contingency costs equaling 15% of the landscaping total shall also be included.

This condition may be satisfied through the land development agreement in accord with §§ 98-45 and 98-46.

§ 98-72 Monuments and lot pins.

Monuments.

Location. For a major subdivision, permanent reference monuments shall be located at each intersection of rights-of-way of street(s) constructed by the developer, at the beginning and ending of all street curves, and at exterior corners of the subdivision or land development. For a minor subdivision, two permanent monuments shall be required, preferably at the street right-of-way line. These monument requirements may be modified by the Township Engineer if an alternate arrangement still permits a surveyor to stake out accurately any building lot shown on the record plan.

Type. Reference monuments shall be constructed of steel reinforced portland cement concrete or to other materials preapproved by the Township Engineer, and should have a minimum size of four by four inches at the ground level and shall have the top flush with the grade level.

Lot pins. All lot corner markers shall be permanently located and shall be at least a 3/4 inch metal pin or pipe with a minimum length of 20 inches, located in the ground to existing grade.

§ 98-73 Curbs.

Curbs shall only be required where the Board of Supervisors deems they are necessary for stormwater management, based upon review by the Township Engineer.

If curbs are not provided, appropriate stabilized drainage channels designed to handle a twenty-five-year storm shall be required along all streets, within the street right-of-way, or drainage easements.

Required curbs shall meet the following specifications:

Only straight curbs shall be provided, unless a modification is approved under § 98-7. Such curbs shall be of portland cement concrete and be 18 inches deep, six inches wide at the top, eight inches wide at the bottom and have an exposed face between six and eight inches. Such concrete shall meet the minimum 3,000 PSI, twenty-eight-day strength test according to ASTM standards.

[Amended 5-1-2014 by Ord. No. 2014-02]

Expansion joints shall be provided a minimum of every 30 feet. Each expansion joint shall contain 0.5 inch premolded bituminous expansion joint materials. Contraction joints shall be provided a minimum of every 10 feet.

Gutter design shall be subject to the approval of the Township Engineer based upon standard engineering practices.

§ 98-74 Erosion control and grading.

Ground cover and top soil. After completion of construction on a lot, all exposed ground surfaces that are not paved and that are not covered by approved gravel areas or decorative stones or similar material shall be covered by a minimum of four inches of topsoil and an attractive nonpoisonous vegetative ground cover that will prevent soil erosion and the raising of dust.

Erosion control.

Any earth disturbance should be controlled by proper measures to prevent soil erosion and sedimentation, following DEP regulations and standards of the County Conservation District.

A soil erosion and sedimentation control plan is required for most types of earth disturbance under Chapter 119, Zoning.

Compliance with such plan shall be an automatic condition of any approval or permit under this chapter.

Township permits may be suspended if earth disturbance does not comply with such approved plan.

Both the owner of the property at the time of any earth disturbance and the person(s)/company accomplishing the work shall be responsible to ensure that adequate erosion control measures are used.

The Township may require the submittal of and compliance with a suitable erosion control and grading plan for an individual lot prior to construction of a principal building.

§ 98-75 Lot width modifications; flag lot within a conservation subdivision.

Lot width modifications. The minimum lot width requirement as measured at the minimum building setback line for a lot may be reduced by the following amounts in the following situations:

Along the curve of a cul-de-sac bulb, the minimum lot width may be 60% of what would otherwise be required.

Along the outside of a curve in a street, the minimum lot width may be 80% of what would otherwise be required.

Where a minimum front yard building setback is less than 50 feet, the minimum lot width may be measured at the proposed building setback or at a fifty-foot front yard setback, whichever is less.

Flag lot definition. A "flag lot" shall be defined as a new lot that does not meet the requirements of Chapter 119, Zoning, for the minimum lot width as measured at the minimum building setback line. An example of a flag lot is shown in the following illustration. A flag lot typically involves an elongated relatively narrow extension of the lot (known as the "pole") that connects a street to the bulk of the land area of the lot. This pole extension of the lot shall include the driveway.

Flag lot standards. Chapter 119, Zoning, authorizes the creation of a flag lot where it is approved by the Board of Supervisors under this § 98-75. A flag lot shall only be approved by the Board of Supervisors if it will be within a conservation subdivision and meets all of the following standards:

A flag lot shall need approval by the Board of Supervisors and shall only be approved as a condition of the preliminary or final subdivision approval. The proposal for the flag lot shall also be offered to the Township Planning Commission for review.

A flag lot shall only be approved if the applicant proves to the satisfaction of the Board of Supervisors that the flag lot:

Is necessary to minimize the environmental impacts (such as grading and removal of woods) that would otherwise occur; and

Would not result in a greater number of lots on the tract than would otherwise be feasible and allowed.

A flag lot shall meet the minimum lot width requirement stated in Chapter 119, Zoning, as measured at the proposed front yard building setback line, as opposed to the minimum front yard building setback line.

The pole portion of the lot shall be the area of the lot that extends between the street and the location at which the lot width would meet the minimum lot width requirement. This pole portion of the lot shall not exceed 300 feet in length, as measured from the street right-of-way.

The lot shall have an absolute minimum lot width in all locations of 25 feet, including but not limited to the minimum lot width as measured along the street right-of-way. However, no more than 25% of the outer edge of paving of a cul-de-sac shall include driveway entrances.

A flag lot shall only be approved for a lot that is protected by a deed restriction or conservation easement from future subdivision.

Every flag lot shall have a driveway on the lot that provides access to a street, unless the Board of Supervisors specifically approve a shared driveway.

A maximum of 20% of the lots within a subdivision may be approved as flag lots.

The applicant shall prove to the satisfaction of the Township that the proposed driveway would provide adequate access for emergency vehicles.

This section shall not relieve a property of any zoning requirements other than the minimum lot width.

The minimum front yard requirement shall be met by being measured back from the location on the lot where the minimum lot width is met, as seen on the sketch above.

A flag lot may be approved behind an existing lot, but a flag lot shall not be placed behind another flag lot. Therefore, no more than one tier of flag lots shall be permitted.

§ 98-76 Conservation open space.

The provisions of this § 98-76 shall apply to required conservation open space within a conservation subdivision. (Note: A separate set of provisions in § 98-60 applies to common open space that is required in certain developments.)

Ownership.

Applicants are requested to first offer ownership of any proposed conservation open space to the Township, particularly if the conservation open space could be adjacent to existing publicly owned recreation or open space land. The Board of Supervisors shall have the authority to not accept a dedication of conservation open space.

If the approved plan states that ownership of the conservation open space is limited to a particular entity (such as a conservation organization), then any transfer of ownership to another entity shall require preapproval by the Board of Supervisors. The Board of Supervisors shall determine whether the new entity would have the long-term ability to fulfill the responsibilities under the approved plan. Where land is to be owned by a conservation organization, a process should be established for the land to transfer to a different organization if the first organization is not able to fulfill its obligations.

Open space ownership.

The method(s) to be used to own, preserve and maintain any conservation open space shall be approved in advance by the Board of Supervisors. The Township shall only approve a conservation subdivision if the applicant proves there will be an acceptable method to ensure permanent ownership, preservation and maintenance of the conservation open space.

The method of ownership and use of any required conservation open space shall be determined prior to final subdivision or land development approval. Required open space shall be owned by one or a combination of the following methods:

Dedication to the Township as public open space, if the Board of Supervisors agree in writing to such dedication.

Dedication to the county as public open space, if the County Commissioners agree in writing to such dedication.

Dedication to the School District if such Board of Education agrees in writing to accept such dedication and to use and maintain the land for public school buildings and/or related open space.

Dedication to a property owners' association as conservation open space, with all property owners legally bound to pay fees on a regular basis for the maintenance and other expenses of owning such land, and with such homeowners' association being incorporated with covenants and bylaws providing for the filing of assessments. After providing notice to affected owners and allowing a period to correct deficiencies, the Township shall have the authority to establish municipal liens upon all properties in the conservation subdivision to fund maintenance of the land and Township legal costs if the property owners' association does not fulfill its responsibilities.

Such responsibilities shall be specified as part of each deed prior to sale of each lot or dwelling unit. An orderly process shall be established for the transfer of the land to the association. The Township may delay a dedication of maintenance responsibilities by a developer to a property owners' association until such association is incorporated and able to maintain such land.

The property owners' association shall be established in full compliance with applicable state law, including the State Uniform Planned Community Act.[1]

Editor's Note: See 68 Pa.C.S.A. § 5101 et seq.

Dedication of the land as a nature preserve to a conservation organization that is acceptable to the Board of Supervisors and is a bona fide conservation organization intended to exist indefinitely.

Dedication of a permanent agricultural preservation easement to the County Agricultural Land Preservation Board, with the land utilized for allowed agricultural uses, such as a wholesale plant nursery.

Dedication to the State Game Commission, State Fish and Boat Commission or similar public agency, if such agency agrees in writing in advance to accept the dedication and to maintain the land for public recreation.

[8]

Operation as a bona fide golf course, with a minimum lot area of 50 acres. Areas including buildings or vehicle parking shall not count towards the minimum average lot area.

[9]

Retention as part of one or more private lots, with an appropriate conservation easement, if the applicant proves to the satisfaction of the Board of Supervisors that none of the above alternative methods of ownership are feasible. See Subsection A(6) below which requires some of the open space to be available to residents.

Legal documents providing for ownership, perpetual preservation and maintenance of required conservation open space shall be submitted in draft form by the applicant, be reviewed by the Township Solicitor and be approved by the Board of Supervisors prior to recording of the final plan. See also Subsection C below regarding conservation easements. If conservation open space is owned by a property owners' association, such association shall be bound by applicable state laws and the following additional regulations:

The applicant shall submit a description of the organization of the association, including bylaws and documents governing ownership, maintenance and use restrictions for the open space.

The documents shall establish the timing of the establishment of the association, tied to the sale or occupancy of any dwellings or a certain number of dwellings.

Membership in the association shall be mandatory for all owners of dwelling units in the development and their successors in title.

The association shall be responsible for maintenance and insurance of the open space.

The documents shall confer legal authority upon the association to place a lien with the accruing of interest on each owner of a lot or dwelling unit if such owner is delinquent in paying required fees or dues.

If the association proposes to transfer any of its responsibilities to own or properly maintain facilities to another entity, it shall provide written notice to all members of the association and the Township at least 30 days prior to such event. This requirement shall not apply to contracting of maintenance.

The association shall have adequate staff to administer, maintain and operate land and facilities owned by the association.

All conservation open space shall be permanently restricted from further subdivision and development. The recorded plan shall include proper notations consistent with the approved method of owning, maintaining and preserving the conservation open space. For example, if the conservation open space is intended to be owned by a homeowner association as recreation land, a statement should be included that the designated open space "shall not be further subdivided and shall not be used for the construction of any buildings and shall not be used to calculate density for any other development." The recorded plan shall list the uses that are allowed or not allowed on the conservation open space, which shall conform with Township ordinances.

Use by residents. A minimum of 20% of the minimum required conservation open space shall be available for recreation by residents of the conservation subdivision. This requirement may be met by trail easements across privately owned land. [This provision is not intended, by itself, to prevent a development being approved with recreation open to the public, depending upon decisions under Subsection A(3)(b).]

Conservation open space to be preserved.

Suitability. Conservation open space shall be suitable for its intended purpose, in the determination of the Board of Supervisors. The applicant shall state in writing what improvements, if any, he/she will commit to make to the land to make it suitable for its intended purpose, such as grading, landscaping, or development of trails. Such land shall be free of construction debris at the time it is dedicated as open space.

Priorities for conservation open space.

The locations of the conservation open space shall reflect the resources identified in the Map of Potential Conservation Lands (see § 98-31). To the fullest extent possible, the conservation open space shall incorporate the following resources (if they are located on the tract), which are listed in order of significance:

Stream channels, floodplains, wet soils, natural drainage swales, springs and adjacent buffer areas to insure their protection.

Concentrations of slopes over 25%, followed by concentrations of slopes of 15 to 25%, with an emphasize on sloped areas adjacent to streams and ponds where disturbance could be detrimental to water quality.

Concentrations of mature woodlands, particularly those woodlands that protect streams, wetlands and wildlife corridors, and trees of unusually large size.

Areas where precipitation is most likely to recharge groundwater supplies, considering rates of infiltration.

Visually prominent ridgelines.

Concentrations of land that would be suitable for a productive agricultural use.

Historic buildings and their immediate surroundings.

[8]

Trail connections needed to connect existing trails with neighborhoods, schools, parks and pedestrian destinations.

Priority shall be given to dedication of land that would be suitable for:

Additions to existing public schools, public parks and other public recreation lands;

Preservation of interconnected greenways of mature woods, steep slopes or other important natural features or land along a creek;

Centralized active recreation; and

Providing direct pedestrian access from the maximum number of lots.

Contiguousness. A minimum of 50% of the required conservation open space within a subdivision or land development shall be contiguous, without being separated by other uses, except as may be specifically exempted by the Board of Supervisors. Lands used to meet this minimum 50% requirement may be separated by streets or creeks.

To the maximum extent feasible, conservation open space throughout a development shall be interconnected. The number of streets separating areas of conservation open space shall be held to a minimum.

To the maximum extent feasible considering the open space priorities for the tract, at least 50% of the dwelling units should be adjacent to or directly across a street from conservation open space, or have a direct trail connection to the conservation open space.

Access and trails. Conservation open space shall have adequate access for maintenance and by pedestrians. Lots and open spaces shall be located to promote pedestrian and visual access to conservation open spaces whenever possible. Unless specifically approved otherwise, conservation open space shall include a trail open to residents of the development or the general public. This trail shall be constructed by the developer prior to the sale of any adjacent homes.

Other ordinances. See § 98-60G(7) regarding how the conservation open space provisions relate to the common open space provisions.

Prohibitions. The following land areas shall not be used to meet the minimum conservation open space requirements:

Existing street rights-of-way;

Vehicle streets or driveways providing access to other lots;

Land beneath building(s) or land within 20 feet of a building (other than accessory buildings and pools clearly intended for noncommercial recreation and other than agricultural buildings and a farmstead which are permitted within land approved by the Township for agricultural preservation);

Off-street parking (other than that clearly intended to serve noncommercial recreation);

Area(s) needed to meet a requirement for an individual lot;

Land that does not have at least a 20 feet wide access area to connect to a street open to the public or to connect with an adjacent conservation open space area that has access to such a street;

Land that includes a stormwater detention basin, except for a basin or portions of a basin that the applicant proves to the satisfaction of the Board of Supervisors would:

Be reasonably safe and useful for active or passive recreation during the vast majority of weather conditions; or

Serve as a scenic asset to the community, such as a retention pond with a natural appearance;

Portions of land that have a width of less than 40 feet;

Areas that were preserved by a conservation or agricultural preservation easement prior to the submittal of the conservation subdivision;

(j)

Areas used for a principal nonresidential use, other than uses specifically approved by the Board of Supervisors to be located within the conservation open space; and

(k)

Areas within 50 feet on each side of the center line of overhead electric transmission lines intended to have a capacity of 35 kilovolts or greater.

The conservation open space shall be located and designed to serve one or more of the following objectives:

The permanent preservation of dense forests, steep slopes, wetlands, creek valleys, highly scenic areas or other sensitive natural features.

The permanent preservation of a substantial area of land in agricultural uses, in a tract of proper size and configuration that allows for efficient agricultural use and that properly considers the issue of compatibility between the agricultural uses and homes.

The dedication of public recreation land at a site deemed appropriate by the Board of Supervisors and that involves land that is clearly suitable for active and/or passive recreation.

Conservation open space shall also be located and designed to meet the purposes listed for a conservation subdivision in § 119-38A of Chapter 119, Zoning, including but not limited to conserving scenic views and elements of the Township's rural character, and minimizing perceived density by minimizing views of new development from existing streets.

The applicant shall prove that the proposed conservation open space has been designed in full consideration of important natural features, including mature woodlands, creek valleys, steep slopes and wetlands.

At a minimum, the applicant shall prove that areas along perennial creeks shall be preserved in their natural state, except for landscaping, erosion control improvements, public recreation improvements and needed utility, street and driveway crossings.

The natural features of the site shall be a major factor in determining the siting of dwelling units.

Improvements to open spaces.

The application shall include a detailed and legally binding (if approved) description of what improvements the applicant will make to any land to make it suitable for its intended purpose.

Examples of such improvements for areas intended for passive recreation include preservation and planting of trees, development of nature, bicycle or jogging trails, the stabilization of creek banks and the removal of undesirable vegetation.

Examples of such improvements for areas intended for active recreation include rough grading of land to create land suitable for free-play fields for youth.

Type of maintenance. Where the open space would not be dedicated to a government entity, the subdivision plan shall state the intended type of maintenance of the open space. The following classes of use and maintenance may be used, or other classes that are clearly described within and approved as part of the plan submittal:

Natural area: An area of attractive desirable natural vegetation that is primarily intended for passive recreation, with minimal maintenance. The Board of Supervisors may require the planting of additional trees to eventually reforest natural areas.

Recreation area: An area designated for a specific recreation use, including, but not limited to court games, swimming, playfields and/or children's play equipment. Such areas shall be maintained so as to be safe and appropriate for the intended use.

Lawn: A grass area with trees which may be used by the residents for a variety of purposes and which is intended to be mowed regularly.

Maintenance plan. The Township may require an applicant to submit a maintenance plan for the conservation open space. This plan shall estimate maintenance costs and recommend the frequency of maintenance. The developer shall properly maintain conservation open space until the Township approves transfer of the land to another entity. See provisions above for a list of uses allowed on the open space.

Tree protection during construction. See § 98-71C.

All proposed open spaces shall be cleared of construction debris, materials from illegal dumping and any rocks that were not naturally on the land, unless those rocks are incorporated into landscaping improvements.

Landscaping plan. An application for a conservation subdivision involving over 30 acres shall include a landscape planting and preservation plan prepared by a registered landscape architect.

Such plan shall show the locations, general species and initial sizes of landscaping to be planted within the conservation open space and throughout the tract.

Such plan shall also show that existing substantial healthy trees will be preserved to the maximum extent reasonable. The methods to ensure preservation during construction shall be described.

Landscaping shall also be used as appropriate to filter views of denser housing from any adjacent housing that is less dense.

Tree preservation easements should be used to protect significant trees, tree lines and perimeter buffer areas.

(14)

Guidelines. The following guidelines should be followed in the design and location of conservation open space:

Buildings and paving should not be placed in areas where there is the greatest permeability, to encourage groundwater recharge.

The disturbance of areas with a seasonally high water table should be minimized.

The location of the conservation open space should be based upon an evaluation of all of the woodlands on the site to determine which areas are most worthy of preservation, considering age, species, condition and the potential to maintain continuous wooded areas for habitat purposes.

Conservation open space should be placed in locations that will minimize the visual obtrusiveness of development as viewed from public streets.

Grading and earthmoving on over 15% slopes shall be minimized.

Tree preservation. See § 98-71.

(15)

Along the perimeter of any conservation subdivision, a majority of the existing healthy trees with a trunk diameter greater than eight inches (measured 3.5 feet above the ground) that are located within 40 feet from the perimeter lot lines and perimeter street rights-of-way of the development shall be preserved. No healthy trees shall be removed within 50 feet from the edge of a perennial waterway, except as is approved by the Township for necessary street, driveway and utility crossings.

Protection and maintenance of open space.

Easements/deed restrictions. Any required conservation open space dedication shall be permanently protected with a conservation easement or other restrictive covenant acceptable to the Township Solicitor. These restrictions or easements shall permanently prohibit further subdivision and development for buildings, except buildings for noncommercial recreation or to support maintenance of the land. Other buildings may be placed on an open space lot, provided that such area shall not count towards the minimum conservation open space requirement.

Such restrictions or easements shall also prevent the use of the land for any use that was not approved by the Board of Supervisors, unless a revision to the approved plan is approved by the Board of Supervisors.

Such deed restrictions or conservation easements shall, at a minimum, be enforceable by the Board of Supervisors. The Supervisors may require that the restrictions or easements also authorize their enforcement by a suitable third party.

The Board of Supervisors may require that the conservation easement include provisions to limit any forestry to selective and environmentally sensitive methods.

All required conservation open space shall be covered by a system that ensures perpetual maintenance, which may include, but is not limited to, a binding property owners' association or public ownership.

The Township may require the use of conservation easements within a conservation subdivision to limit the disturbance of natural slopes over 15%, wetlands, mature forests, creek valleys and other important natural features.

Phasing. A conservation subdivision shall include a phasing system that shall be approved by the Board of Supervisors that shows that the conservation open space requirement would be met after the completion of any one phase, and that the development could properly function without the construction of additional phases.

§ 98-76.1 Design standards for development in the GC, VC and LIC Districts.

[Added 5-1-2014 by Ord. No. 2014-02]

General requirements. All landscape plans shall be prepared by a landscape architect registered by the Commonwealth of Pennsylvania.

Vehicular and nonvehicular traffic and circulation design requirements.

Traffic design. All subdivision and land development in the GC, VC and LIC Districts shall:

Be designed to accommodate average daily traffic volumes without disrupting traffic on public streets or impairing pedestrian safety. This shall be accomplished through adequate parking lot design and capacity; entry drive length, width, design, location and number; traffic control devices; and sidewalks.

Pedestrian and vehicular connections between parking lots and driveways on adjacent parcels shall be provided in accord with § 98-66M.

Provide safe pedestrian and bicycle movement within the site. Pedestrian and bicycle connections between abutting properties should be coordinated with vehicular routes to encourage foot traffic and minimize vehicular movement.

Provide sidewalks along all street frontages. Sidewalks shall meet the requirements of § 98-67 and shall be located so as to provide a tree lawn in accord with § 98-71B(1)(b)[2].

Meet the requirements of Chapter 46 (Fire Lanes), and all buildings shall be accessible to emergency vehicles.

Additional traffic design standards in the VC District. Access to any tract in the Village Commercial District shall be provided as follows:

Rear service lane access is preferred for all Village Commercial District uses. If no rear service lane exists, secondary street access is permitted. Principal street access is allowed only if no other access is available.

Driveway access from the secondary street must be located 50 feet from the intersecting principal street.

Access between the development site and adjacent streets shall occur no more frequently than every 200 feet. For land development applications involving less than 200 feet of street frontage, one access shall be permitted.

Additional traffic and circulation design standards for large-scale retail/commercial developments in GC, VC and LIC Districts.

Traffic design. Large-scale retail/commercial developments shall:

Have direct access to an arterial or connector street.

Be consistent with linkages and street connections shown on the Township Official Map. Direct connections to adjacent land uses shall be provided if required by the Township.

Provide sidewalks along all perimeter streets and along both sides of all internal circulation routes, whether built as public streets or private drives. Sidewalks shall be located within 12 feet of the curb of a perimeter street.

Limit curb cuts. Connections between the development site and adjacent arterials and highways shall occur no more frequently than every 330 feet. An internal circulation route shall not count as a curb cut.

Locate internal utility lines in drive aisles or internal circulation routes, rather than under surface parking areas. This is designed to facilitate future redevelopment.

Provide private drive or public street connections to existing private drives or public streets on adjacent sites, or provide stub-outs if connections are not feasible.

Internal circulation system. On sites five acres or larger, the following standards for internal circulation systems shall be met:

Maximum block size. Unless exempted below, the site shall be divided into internal blocks no longer than 660 feet by 330 feet from curb to curb. The maximum block length applies to blocks containing buildings and blocks containing surface parking. Exemption: On sites larger than 10 acres and smaller than 30 acres, the site may contain one block with a maximum dimension of 660 feet by 660 feet. On sites larger than 30 acres, the site may contain two blocks with a maximum dimension of 660 feet by 660 feet. Contiguous green spaces are not subject to the block-length requirement.

Internal circulation system required. Internal circulation routes resembling streets shall connect the blocks and form an interconnected, grid-like transportation system on the site.

Parking permitted. On-street parallel parking is permitted on each new public street or internal circulation route subject to compliance with fire access standards and approval of the Township.

Subdivision of internal blocks. Internal blocks abutting internal circulation routes may be subdivided to allow for the sale and development of individual blocks without frontage on a public street if the Township determines that the internal circulation routes are equivalent to a public street with respect to utilities, pavement design, vehicle access requirements and emergency services. For the purpose of compliance with setback and minimum lot frontage requirements, but not pavement width, an internal circulation route is considered equivalent to a public street.

Pedestrian and bicycle facilities. Large-scale retail/commercial land development shall provide for safe pedestrian and bicycle access to all uses within the development, connections to existing and planned public pedestrian and bicycle facilities, and connections to adjacent properties.

Connections.

At a minimum, walkways shall connect focal points of pedestrian activity, such as, but not limited to, transit stops, street crossings, and building and store entrances, and shall feature adjoining landscaped areas that include trees, shrubs, benches, flower beds, ground covers, or other such materials for no less than 50% of the length of the walkway.

Continuous pedestrian walkways, no less than six feet in width, shall be provided from the public sidewalk or right-of-way to the principal customer entrance of a large-scale retail commercial development building.

Where public parkland is adjacent to the property line, pedestrian and bicycle access from the trail or walkway system on that parkland to the building entrance shall be provided.

If there is a residential development adjacent to the property line, a pedestrian walkway from the proposed buildings to the property line shall be provided, and to an existing walkway if one is present on the adjacent site. Compliance with this option also may include providing a sidewalk that connects the project site to an adjacent residential development and that runs along a public roadway where no sidewalk currently exists or where the existing sidewalk does not meet the width standards in this § 98-B(3)(c).

Crosswalks. Crosswalks shall be distinguished from driving surfaces to enhance pedestrian safety by using different pavement materials, or pavement color, or pavement textures, and signage.

Pedestrian furniture. The development shall provide exterior pedestrian benches in appropriate locations at a minimum rate of one seat for every 20,000 square feet of gross floor area.

Bicycle parking. The development shall provide bicycle parking at a rate of one bicycle parking space for every 50 vehicle parking spaces, located within 300 feet of a building entrance. Bicycle parking spaces may be provided in a bicycle rack(s) or in a dedicated surface parking space signed to indicate bicycle parking only. Each surface parking space shall be a minimum of six feet in length and four feet in width.

Sidewalks.

Sidewalks, no less than 10 feet in width, shall be provided along the full length of the building along any facade featuring a customer entrance and along any facade abutting public parking areas. All other sidewalks shall be at least six feet in width.

An entryway sidewalk, at least six feet in width, shall be provided connecting the main customer entrance and the sidewalk bordering the property line. For multitenant developments, an entryway sidewalk shall be provided for at least every 330 feet of roadway frontage. Entryway sidewalks shall be planted with shade trees at intervals of no greater than 40 feet.

Impervious cover credit. Sidewalks alongside internal circulation routes and adjacent public roadways shall be exempted from the zoning requirements for impervious coverage limits for the site up to an increase in total impervious cover of 5%.

Common open space commercial design requirements. Where an applicant provides common open space in the GC District or as part of a large-scale commercial land development pursuant to § 119-40A(46)(b)[3] or § 119-40A(48)(c)[4], said common open space shall be:

Readily accessible and usable by visitors throughout the development. However, access to areas containing sensitive natural resources shall be restricted.

Compact and contiguous unless the land shall be used to continue an existing trail or topography dictates a different configuration.

Located to adjoin, extend, and enlarge any existing trail, park, or other protected open space on adjoining parcels.

Building design requirements.

VC District building design standards. This section applies to any building facade visible from a public street.

Facade requirements.

For buildings wider than 50 feet, the facade shall be vertically divided into segments no larger than 30 feet. Such differentiation may be provided by a combination of change in texture, materials, and architectural features such as offsets, recesses or projections of 12 inches or more.

Upper floors shall have vertically hung windows.

Window glazing on building facades.

A minimum of 50% for retail establishments and 25% for other permitted uses of the ground-story front facade between two feet and eight feet above the sidewalk must be comprised of transparent, nonreflective windows. Such windows shall be considered transparent when providing a visible transmittance (VT) of 60% or higher.

[Amended 7-16-2019 by Ord. No. 2019-01]

A minimum of 20% of the upper-story front facade shall have transparent, nonreflective, vertically oriented windows. Such windows shall be considered transparent when providing a visible transmittance (VT) of 60% or higher.

[Amended 7-16-2019 by Ord. No. 2019-01]

On all other publicly visible facades, at least 25% of the wall area between two and eight feet above grade shall be glazed in glass. This requirement shall not apply if the Building Code prohibits windows on such facades.

Building entryways.

The building's main entrance shall be off the principal street. Entrances at the corner of a building satisfy this requirement.

One entrance shall be provided for every 75 feet of building frontage.

Secondary entrances may face the side or rear parking lot.

Two or more of the following design features shall be incorporated into all building entryways:

Prominent features such as domes, turrets, towers, spires, clock towers or chimneys;

Canopies, porticos, overhangs, projections, arcades or arches;

Architectural details such as arches, friezes, tile work, murals, or moldings;

Decorative exterior light fixtures such as wall sconces, light coves with concealed light sources, ground-mounted accent lights, or decorative pedestal lights.

Color, texture and materials.

Exterior building materials shall be of comparable appearance and quality on all sides of the building. Rear walls are exempt if screened from public view in accord with the standards for screening buffers in § 98-71B(3). Building materials such as stucco, wood clapboard (including hardiboard siding), native stone, brick, tinted and decorative concrete block, and exterior insulation and finish systems (EIFS) shall be used.

Construction materials such as tilt-up concrete, smooth-faced concrete block, prefabricated steel panels, and other similar materials shall be avoided.

External building materials shall be of high-quality materials and colors that are low-reflective, subtle, or earth tone.

Fluorescent and metallic colors shall be prohibited as exterior wall colors.

Roofs.

Flat roofs shall be capped by a parapet wall for the entire width of the front facade. Parapet walls shall be:

A minimum of two feet in height;

Treated with architectural detailing such as cornices, moldings, trim or variations in brick coursing; and

Defined by a horizontal architectural feature, such as a cornice line, between the uppermost story and the base of the parapet wall.

Pitched roofs shall not be less than 6:12 (rise: run) and shall provide overhanging eaves of at least nine inches.

Adaptive reuse of historic buildings. For the purpose of encouraging the adaptive reuse of and the preservation of historic buildings in the VC District, the following standards shall apply to buildings constructed prior to 1926:

The impervious cover limit may be increased to 90% and the building coverage limit may be increased to 70% for developments that employ the adaptive reuse of an historic building as a principal structure.

Such historic buildings shall be exempt from complying with setbacks.

Historic buildings may be expanded up to 40% in area on the ground floor and on upper stories and shall comply with setback requirements. However, upper stories may only be expanded if the ground floor is expanded to an equal or greater degree.

Renovations to historic buildings shall:

Respect the historic integrity of the building and shall, to the extent feasible, comply with the Secretary of the Interior's Standards for Rehabilitation; and

Comply with the facade requirements in this § 98-76.1D. Exceptions shall be granted where the applicant agrees to rehabilitate original historic building elements that vary from said standards.

Large-scale retail/commercial building design standards in the GC, VC and LIC Districts. This section applies to any building facade visible from a public street or public land and any building zoned for industrial use or warehouse use at a point it is converted to a commercial use. Building facades facing loading areas, rear service areas, or facades adjoining other buildings (attached to at least 50% of the sidewall) are exempt.

Building facades.

Building facades shall include a repeating pattern that includes no less than three of the following elements:

[Amended 7-16-2019 by Ord. No. 2019-01]

Color change in accord with § 98-76.1D(2)(e).

Texture change in accord with § 98-76.1D(2)(e).

Materials change in accord with § 98-76.1D(2)(e).

Expressions of architectural or structural interest no less than 24 inches in width and depth through a change in plane, such as offsets, recesses or projections. Architectural treatment similar to that provided on the front facade shall be provided on the sides and rear of the building, except as exempted above.

Elements shall repeat at intervals of at least 100 feet.

Ground-floor facades and accessory structures.

Ground-floor facades that face public streets shall include arcades, awnings, canopies or other overhanging architectural features along at least 50% of their horizontal length.

Ground-floor facades that face public streets or contain the principal entrance to the building and which exceed 100 feet in length shall be designed to appear as a series of attached individual storefronts even through the building itself may consist of a single retail occupancy.

Freestanding accessory structures. On-site sewage facilities' mechanical equipment, such as but not limited to sewage pumping stations, shall be housed within a building.

Building entryways.

Customer entryways shall be clearly defined and highly visible on the building's exterior.

Three or more of the following design features shall be incorporated into all public building entryways:

Prominent features such as domes, turrets, towers, spires, clock towers or chimneys;

Canopies, porticos, overhangs, projections, arcades or arches;

Architectural details such as arches, friezes, tile work, murals, or moldings;

Display windows;

[e]

Integral planters or wing walls that incorporate planters or seating;

[f]

Enhanced exterior light fixtures such as wall sconces, light coves with concealed light sources, ground-mounted accent lights, or decorative pedestal lights.

When additional stores located in the principal building exceed 25% of the gross floor area, separate entrances shall be provided for each additional store and shall conform to the above requirements.

Large-scale retail/commercial buildings are encouraged to feature multiple entrances to reduce walking distances from cars and facilitate pedestrian and bicycle access from public sidewalks.

Walkways.

Walkways at least 10 feet in width shall be provided along the full length of any building facade featuring a customer entrance and along any facade-abutting customer parking areas.

Weather protection, such as awnings or arcades, shall be provided for walkways within 50 feet of all customer entrances, constructed parallel to the building.

Window glazing on building facades. Projects shall meet the following minimum glazing requirements:

On the facade facing the principal street:

For the wall area that is between two and 10 feet above grade, the ground-floor facade shall be no less than 40% glazed in glass which shall be at least 72 inches in height;

At least 1/2 of the total area of all glazing on ground-floor facades that face the principal street shall have a visible transmittance (VT) of 60% or higher.

Up to 40% of all glazing on ground-floor facades may be painted black on the interior.

In the case of a second floor, for the wall area between three and eight feet, as measured from that story's finished floor level, the facade shall be no less than 25% glazed in glass.

On all other publicly visible facades, at least 25% of the wall area between two and 10 feet above grade shall be glazed in glass. This requirement shall not apply if the building code prohibits windows on such facades.

If a single-story building has a facade taller than 20 feet, the facade area above 15 feet shall be subject to the same window requirement as the second-floor requirement in § 98-76.1D(2)(d)[1][d].

Color, texture and materials.

Exterior building materials shall be of comparable appearance and quality on all sides of the building. Rear walls are exempt if screened from public view in accord with the standards for screening buffers in § 98-71B(3). Building materials such as glass, brick, tinted and decorative concrete block, glass block, wood, stucco, and exterior insulation and finish systems (EIFS) shall be used.

Construction materials such as white brick, tilt-up concrete, smooth-faced concrete block, prefabricated steel panels, and other similar materials shall be avoided.

External building materials shall be of high-quality materials and colors that are low-reflective, subtle, or earth tone.

Fluorescent and metallic colors shall be prohibited on exterior walls.

Roofs. To reduce apparent size and scale of large buildings, the roof design shall provide variations in rooflines.

A minimum of 20% of all the combined linear roof eave or parapet lines of the structure shall employ differences in height, with such differences being six feet or more as measured eave to eave or parapet to parapet. Parapets that do not have horizontal tops shall have pitched or rounded tops with a pattern that repeats no less than every 60 feet.

Parapet walls shall be treated with architectural detail to avoid a plain, monotonous look. All parapets shall have detailing such as cornices, moldings, trim or variations in brick coursing.

Parapets shall not be greater than 50% higher than the distance of the building from grade to roof. (For example, a building that is 20 feet tall from the grade to the roof cannot have a parapet greater than 10 feet tall from the roof to the top of the parapet.)

Sloping roofs shall have at least two of the following features:

Slope at least 5:12;

Two or more slope planes; or

Overhanging eaves extending at least three feet beyond the supporting wall.