A.
Plan author. The preliminary plan of a proposed subdivision
or land development shall be prepared by a registered professional
engineer or by a registered surveyor in accordance with the Act of
May 23, 1945 (P.L. 913, No. 367, 63 P.S. § 148 et seq.),
known as the "Engineer, Land Surveyor and Geologist Registration Law,"
except that this requirement shall not preclude the preparation of
a plat in accordance with the Act of January 24, 1966 (1965 P.L. 1527,
No. 535, 63 P.S. § 901 et seq.), known as the "Landscape
Architects' Registration Law," when it is appropriate to prepare the
plat using professional services as set forth in the definition of
the "practice of landscape architecture" under Section 2 (63 P.S.
§ 902) of that Act. The plat shall bear the seal and signature
of such registered professionals and shall be clearly and legibly
drawn to a scale of one inch equals 50 feet or a scale approved by
the Township Engineer.
B.
Sheet size. The original drawing and all submitted
prints thereof shall be made on sheets either 24 inches by 36 inches
or 30 inches by 40 inches. If the preliminary plan requires more than
one sheet, a key diagram showing the relative location of the several
sections shall be drawn on each sheet.
C.
Plan content. The preliminary plan shall show:
(1)
The name or any other identifying title of the proposed
subdivision or land development and of the Township, county and state.
(2)
North point, graphic scale, written scale and date,
including the month, day and year, that the original drawing was completed,
the month, day and year that the original drawing was revised for
each revision and a clear and concise description and location of
the changes made in each revision.
(3)
The name, address and telephone number of the record
owner of the property and the name, address and telephone number of
the developer.
(4)
The name, address, telephone number, license number
and seal of the registered professional engineer or surveyor responsible
for the plan.
(5)
The names and Tax Map parcel numbers of the owners
of all abutting properties.
(6)
A key map, for the purpose of locating the property
being subdivided or developed, drawn at a scale of one one inch equals
800 feet and showing the relation of the property, differentiated
by tone or pattern, to adjoining property and to all streets, roads,
municipal boundaries and recorded subdivision or land development
plans existing within 1,000 feet of any part of the property. In addition,
the approximate distance to the nearest existing street shall be shown
and a title, scale and North point shall be indicated.
(7)
Total tract boundaries of the property being developed,
showing bearings and distances, and a statement of total acreage of
the property.
(8)
Contour lines at vertical intervals of not more than
two feet.
(9)
The location and elevation of the datum used, which
shall be a known established benchmark.
(10)
All existing sewer lines, waterlines, fire hydrants,
utility transmission lines, culverts, bridges, railroads, watercourses,
Township zoning and flood hazard district boundaries (if any), easements,
rights-of-way and other significant man-made or natural features,
such as major tree masses (above four-inch caliper) and soil classification
within the proposed subdivision and within 300 feet of the boundaries
of the proposed development.
(11)
All existing structures.
(12)
All existing streets, including streets of record
(recorded but not constructed) on or abutting the tract, including
names, right-of-way widths, cartway (pavement) widths and approximate
grades.
(13)
The full plan of the proposed development, including:
(a)
The location and width of all streets and rights-of-way,
with a statement of any conditions governing their use.
(b)
Suggested street names and utility easement
locations. The developer shall consult with the United States Postal
Service to cross-reference names to prevent duplications.
(c)
Building setback lines along each street, building
envelope and required zoning data in table form.
(d)
Lot lines with approximate dimensions.
(e)
A statement of the intended use of all nonresidential
lots and parcels.
(f)
Lot numbers and a statement of the total number
of lots and parcels.
(g)
The location of sanitary and storm sewers and
other drainage facilities and any proposed connections with existing
facilities.
(h)
Parks, playgrounds and other areas dedicated
for public use, with any conditions governing such use.
(15)
A certificate of ownership, acknowledgment of
plan and offer to dedicate shall be lettered on the right side of
the plan and shall be duly acknowledged and signed by the owner(s)
of the property and notarized.
(16)
Certificates on the title sheet requesting review
of the plan by the Township Engineer, Township Planning Commission
and by the Chester County Planning Commission and approval of the
plan by the Board.
D.
Required supplementary data. The preliminary plan
shall be accompanied by the following supplementary data:
(1)
Typical street cross-section drawing(s) for all proposed
streets. Cross-section drawings may be shown on either the preliminary
plan or on profile sheets.
(2)
Tentative profiles along the center line of each proposed
street. Such profiles shall show natural and finished grades at a
scale of one inch equals 50 feet horizontal and one inch equals five
feet vertical.
(3)
A plan for the surface drainage of the tract to be
developed. The plan shall show:
(a)
The location, design and cross sections of all
proposed drainage facilities and shall be accompanied by stormwater
runoff calculations based upon full development of the property as
proposed by the subdivision or land development plan, existing development
at higher elevation in the drainage area that drains to the development
tract and drainage from the anticipated undeveloped land at higher
elevation in the drainage area reasonably anticipated based upon current
zoning regulations; and
(b)
The proposed method of accommodating the anticipated
stormwater runoff design in accordance with this chapter.
(c)
The location and type of all proposed erosion
and sedimentation control measures, including grassed waterways, diversions,
debris basins or ponds, structures for water control, open drains
and tile fields and proposed dates when such measures shall be in
effect and shall be accompanied by supporting data demonstrating compliance
with the erosion and sedimentation control standards of this chapter
and any other applicable Township ordinance.
(4)
Preliminary designs of any bridges or culverts which
may be required. Such designs shall meet all applicable requirements
of state regulatory agencies having jurisdiction and shall be subject
to the approval of the Township Engineer.
A.
Plan author. The final plan of a proposed subdivision
or land development shall be prepared by a registered professional
engineer or registered surveyor licensed in the Commonwealth of Pennsylvania
and shall bear his seal and signature and shall be clearly and legibly
drawn to a scale of one inch equals 50 feet or a scale approved by
the Township Engineer.
B.
Plan sheet sizes. The original drawing and all submitted
prints thereof shall be made on sheets either 24 inches by 36 inches
or 30 inches by 40 inches. If the final plan requires more than one
sheet, a key diagram showing the relative location of the several
sections shall be drawn on each sheet.
C.
Plan content. The final plan shall include:
(1)
The name of the proposed development (or other identifying
title) and of the Township, county and state.
(2)
North point, graphic scale, written scale and date,
including the month, day and year, that the original drawing of the
final plan was completed, the month, day and year that the original
drawing was revised, for each revision, and a clear and concise description
and location of the changes made in each revision.
(3)
The name, address and telephone number of both the
record owner and developer of the tract and the source(s) of title
to the land being developed (deed references and Tax Map parcel numbers),
as shown by the records of the County Recorder of Deeds and the Tax
Assessment Office.
(4)
The name, address, telephone number, license number
and seal of the registered professional engineer or surveyor responsible
for the plan.
(5)
The names of the owners of all abutting properties,
if any, tax map parcel numbers, and the deed book and page numbers
where recorded, and the names of the owners of all adjacent unplatted
land, if any, Tax Map parcel numbers, and the deed book and page number
where recorded.
(6)
A key map, for the purpose of locating the property
being subdivided or developed, drawn at a scale of one inch equals
800 feet and showing the relation of the property, differentiated
by tone or pattern, to adjoining property and to all streets, roads,
municipal boundaries and recorded subdivision or land development
plans existing within 1,000 feet of any part of the property. In addition,
the approximate distance to the nearest street shall be shown and
a title, scale and North point shall be indicated.
(7)
The total tract boundary lines of the area being subdivided
or developed with accurate distances to hundredths of a foot and bearings
accurate to a second. These boundaries shall be balanced and closed
with an error of closure not to exceed one foot in 10,000 feet; provided,
however, that the boundary(s) adjoining additional unplatted land
of the developer (for example, between separately submitted final
plan sections) are not required to be based upon field survey and
may be calculated. The project boundaries shall be tied into the Pennsylvania
Coordinate System. The monuments shall be indicated, along with a
statement of the total area of the property being subdivided or developed.
In addition, the engineer or surveyor shall certify to the accuracy
of the survey, the drawn plan and the placement of the monuments.
(8)
Contour lines at vertical intervals of not more than
two feet.
(9)
The name or number and cartway width and right-of-way
lines of all existing public streets and the name and location of
all other roads within the property.
(10)
The following data for the cartway edges (curblines)
and right-of-way lines of all recorded (except those which are to
be vacated) and/or proposed streets and, for the right-of-way lines
of all existing streets within the property:
(a)
The length, in feet and hundredths of a foot,
of all straight lines and of the radius and the arc and chord of all
curved lines (including curved lot lines); and
(b)
The width, in feet of, the cartway and right-of-way
and, in degrees, minutes and seconds, the delta angle of all curved
lines, including curved lot lines.
(11)
All straight lot lines and chords and radii
of curved lot lines defined, in feet and hundredths of a foot, by
distances and, in degrees, minutes and quarters of a minute, either
by magnetic bearings or by angles of deflection from other lot and
street lines.
(12)
Lot numbers and a statement of the total number
of lots and levels.
(13)
A statement of the intended use of all nonresidential
lots; a statement of restrictions of any type which exist or will
exist as covenants in the deed(s) for all lots contained wholly or
in part in the development (together with a copy of the language of
those restrictions) and, if a declaration of covenants, restrictions
and/or easements are or are proposed to be recorded, a copy thereof,
including, when recorded, the deed book and page number.
(14)
The proposed building envelope line for each
lot or the proposed placement of each building and, where applicable,
the location of on-site sewage and water facilities.
(15)
The location and elevation, if established,
of all existing and proposed street monuments.
(16)
All easements or rights-of-way where provided
for or owned by public utility service companies or any other party
who has secured them and any limitations on such easements or rights-of-way.
Rights-of-way shall be shown and accurately identified on the plan,
and easements shall either be shown or specifically described on the
plan. Utility easements should be located in cooperation with the
appropriate public utility companies.
(17)
The location, size and invert elevation of all
sanitary and storm sewers and the location of all manholes, inlets
and culverts. This data may be submitted as a separate plan.
(18)
If the plat will require access to a highway
under the jurisdiction of PADOT, the plat shall contain a notice that
a highway occupancy permit is required pursuant to Section 420 of
the Act of June 1, 1945, P.L. 1242, No. 428, known as the "State Highway
Law,"[1] before driveway access to a state highway is permitted.
[1]
Editor's Note: The State Highway Law was repealed
in 1998 by P.L. 358. See now the Commonwealth Procurement Code, 62
Pa.C.S.A. § 101 et seq.
(19)
A certificate of ownership, acknowledgment of
plan and offer to dedicate shall be lettered on the plan and shall
be duly acknowledged and signed by the owner(s) of the property and
notarized.
(20)
Certificates on the title sheet requesting review
of the plan by the Township Engineer, Township Planning Commission
and by the Chester County Planning Commission and approval of the
plan by the Board.
(21)
A space, measuring three inches by three inches
square, on the right side of each sheet of the plan, in order that
the Recorder of Deeds may acknowledge receipt and recording of the
plan when it is presented.
D.
Supplementary data. The final plan shall be accompanied
by the following supplementary data:
(1)
Typical street cross-section drawing(s) for all proposed
streets. Cross-section drawings may be shown either on the final plan
or on the profile sheets.
(2)
Profile sheets for all proposed streets within the
tract. Such profiles shall show at least the following information,
property labeled:
(a)
The natural existing profile along both cartway
edges or along the center line of each street.
(b)
The proposed finished grade of the center line
and the proposed finished grade at both cartway (pavement) edges.
(c)
The length of all vertical curves.
(d)
The existing and proposed sanitary sewer mains
and manholes.
(e)
The existing and proposed storm sewer facilities
and drainage improvements. The profile sheets shall be legibly drawn
at a scale of one inch equals 50 feet horizontal and one inch equals
five feet vertical.
(3)
All offers of dedication and declarations of covenants,
easements and restrictions which shall be subject to approval of the
Township Solicitor.
(4)
Such private deed restrictions as the developer intends
to impose upon the property as a condition of the sale of lots, together
with a statement of any restrictions previously imposed which may
affect the title to the land being developed. The proposed verbatim
text of such deed restriction or the declaration of covenants, restrictions
and easements shall be filed with the application for final plan approval.
(5)
Conservation plan.
A.
Scale. The conservation plan which is required to
accompany the preliminary and final subdivision or land development
plan shall be clearly and legibly drawn to the same scale as that
of the preliminary and final plan and shall be in the form of a transparent
overlay to those plans.
B.
Plan requirements.
(1)
The conservation plan shall show and shall designate
with explanatory notes the total tract boundaries of the property
being subdivided or developed and the following site features both
within the proposed development and at least 300 feet beyond its boundaries.
(a)
Contour lines at vertical intervals of not more
than two feet.
(b)
The location and elevation to which contour
elevations refer. The datum used shall be a known, established benchmark.
(c)
Natural features of the site related to existing
topography, soils, vegetation and watercourses, including such features
as slopes between 15% and 25% and slopes greater than 25% wetlands,
wooded areas, areas within the Flood Hazard District, flood-fringe
areas, and other critical areas.
(d)
All existing watercourses and lakes, ponds, impoundments or other bodies of water and all areas within the Flood Hazard District, as defined in Chapter 200, Zoning, of the Code of the Township of East Whiteland.
(e)
Generalized soil types, as mapped in the Soil
Survey of Chester and Delaware Counties, noting areas of poor drainage,
alluvial soils and soils with seasonal or perennial high-water table.
(f)
The location and results of all soil percolation
tests.
(g)
Delineation of wetlands as defined by the United
States Army Corps of Engineers, including those inventoried by the
United States Fish and Wildlife Service for the National Wetlands
Inventory and those determined to fall under the jurisdiction of the
United States Army Corps of Engineers or the PADEP.
(h)
All existing vegetation denoted as to type or
character, such as woodland, orchard, pasture, cropland, meadow, wetland
vegetation, lawn or garden.
(i)
All existing tree masses, tree lines and hedgerows,
trees over 12 inches in caliper as measured 36 inches from ground
level which are not part of a tree mass, denoted as to type and size,
and individual trees over 12 inches in caliper measured at said height
located within a tree mass, denoted as to type and size, where clearing
or removal of such trees is proposed.
(j)
Existing structures and other improvements.
(k)
Historic resources or potential historic resources, including structures, ruins, sites, traces, routes or trails, specifically including all such resources or potential resources listed in the National Register of Historic Places, the Pennsylvania Register of Historic Places, the Chester County Historic Sites Survey, the Historic American Building Survey and any such resources identified in the Township's Comprehensive Plan or required to be identified by Chapter 200, Zoning, of the Code of the Township of East Whiteland, denoting locational relationship to the boundaries of any Historic District listed in the National Register of Historic Places or designated by ordinance pursuant to Act 167 of 1961, as amended.[1]
[1]
Editor's Note: See 53 P.S. § 8001
et seq.
(l)
Existing paths and trails devoted to pedestrian,
equestrian or bicycle use, together with a copy of the recorded easement
applicable thereto, if any.
(m)
Location and type of any existing erosion and
sedimentation control measures, whether natural or man-made, including
grassed waterways, diversions, debris basins and tile fields, and,
where applicable, supporting data assuring compliance with the erosion
and sedimentation control standards established in this chapter.
(n)
Any other significant existing natural or man-made
features.
(2)
The extent to which any of the site features identified
pursuant to this section are proposed to be cleared, removed or otherwise
altered to accommodate proposed development shall be shown on a transparent
overlay plan at the same scale identified in this section, together
with a narrative explaining the necessity for such action, which,
when required, shall be included as part of the environmental impact
assessment (EIA). All proposed changes of the natural grade, whether
by cut or by fill, exceeding two feet, together with the reasons and
necessity for such alteration, shall be supplied in narrative form
as part of the EIA. Notations shall be included on the face of the
plan demonstrating the feasibility of compliance with the provisions
of this chapter governing tree preservation.
C.
Environmental impact assessment. A subdivision or
land development application which seeks preliminary or final approval
of a residential subdivision or land development of more than five
lots or units or a commercial, industrial, office or professional
use or combination thereof containing more than one lot or building
or one building in excess of 5,000 square feet in gross floor area
or any use which requires conditional use approval shall be accompanied
by an environmental impact assessment (EIA) report in narrative form
prepared in accordance with the provisions of this subsection and
containing the following:
(1)
Analysis of site features.
(a)
The general character of the site features required by Subsection B hereof to be identified on the conservation plan. The narrative shall describe existing characteristics of the property with respect to geography, topography, ground and surface water hydrology, soils, vegetation, existing improvements and uses and other site feature categories designated in that subsection.
(b)
A visual analysis, including the scope and character
of views into the tract from outside the tract from public roads and
from private properties in relationship to identified site features;
the scope and character of views within the tract in relationship
to identified site features; and the scope and character of external
views from within the tract.
(c)
A description accompanied by exhibits, diagrams or other necessary documentation which depict and describe those remedial, protective and mitigative measures proposed by.the developer to control all adverse impacts upon site features which will occur as a result of the proposed subdivision or land development. An adverse impact is any development activity which will alter the site features described in Subsection B hereof. These measures shall include those measures mandated by current federal, state, county and Township statutes, ordinances and regulations, including but not limited to sedimentation and erosion control, stormwater runoff control, water quality control, air quality control, wetlands and similar requirements related to remediation of adverse impacts of a specific project such as regrading, revegetation, screening and the creation of landscaped areas, wetlands, fencing, emission control, traffic control, noise control and similar requirements.
(d)
The names, addresses, telephone numbers and
qualifications of persons directly responsible for preparing the EIA.
(2)
Identification of community services and facilities.
A community facilities needs assessment, accompanied by supplemental
plans or maps necessary to identify the community facilities required
to serve the proposed development. The assessment shall describe the
extent to which existing community facilities and services, such as
schools, libraries, hospitals and other health care facilities, fire
protection, police protection, ambulance and rescue service, are alleged
to be sufficient to accommodate the demands of future occupants of
the proposed subdivision or land development and the need for additional
expanded community facilities and services.
(3)
Natural resources impact. A study prepared by a registered
professional engineer indicating the likely impact of the proposed
development on the existing sewer, water, groundwater, solid waste
and drainage systems serving the Township. Said impact analysis shall
identify the existing capacity of facilities proposed to serve the
subdivision or land development, the prospects of those facilities
being able to provide service to it and any improvements that are
required as a direct result of the proposed subdivision or land development.
The study shall identify the ability of sewer, water, solid waste
and drainage systems to continue to provide efficient and economic
service to existing users, considering the added service requirements
of the proposed subdivision or land development.
(4)
Recreation impact.
(a)
A study prepared by a qualified professional
which shall analyze the demand for recreation facilities which the
proposed subdivision or land development will generate and determine
whether adequate facilities exist or are planned or proposed. As a
minimum, the study shall include the following:
[1]
A description of the recreational facilities
to be provided by the developer.
[2]
A description of the entity proposed by the
developer to be responsible for maintenance of the recreational facilities
to be provided by the developer.
[3]
A description of existing municipal recreational
facilities and the impact of the proposed development on these facilities.
[4]
A description of accessibility of developer-proposed
recreational facilities to general Township residents.
(5)
Traffic impact study. Each subdivision or land development
application which seeks preliminary or final approval of a residential
subdivision or land development of more than five lots or units, or
a nonresidential subdivision and/or land development for commercial,
industrial, office, professional or similar use development containing
or proposing one or more buildings or additions whose total cumulative
gross floor area is in excess of 5,000 square feet shall be accompanied
by a traffic impact and improvement study prepared by a qualified
professional engineer having the requisite training and expertise
in conducting and preparing such studies, which shall, at a minimum,
include the following:
(a)
Content. Prepared by a qualified professional
traffic engineer, the traffic study shall include, at a minimum:
[1]
Anticipated traffic volumes and patterns to
be generated by the proposed development.
[2]
An analysis of the impact of the development
as a generator of both local and nonlocal traffic.
[3]
A circulation inventory of the existing public
street network which can be reasonably anticipated to serve the proposed
development.
[4]
The existing roadway conditions of those roads
and streets contiguous to the development or which may be reasonably
anticipated to service the access needs of the development.
[5]
Existing traffic volumes as determined by both
weekday morning and evening peak period traffic counts at those intersections
in the immediate vicinity of the development which are reasonably
anticipated to serve as access intersections to the development.
[6]
A volume/capacity analysis to determine the
levels of service at the foregoing intersections.
[7]
Projection of site-generated traffic demand,
which shall be combined with existing traffic volumes increased by
5% per annum projected over a period of five years, to determine future
traffic projections.
[8]
The projected costs of traffic improvements
necessitated by the development required to correct any deficiencies
in the foregoing road and street systems.
(b)
Review. The study shall be reviewed by the Planning
Commission, the Township Engineer and, at the Township's discretion,
a traffic consultant selected by the Township, who, collectively,
shall determine the accuracy of the study's information and projections.
All deficient service capacity caused or contributed to by the proposed
development occurring because of existing inadequacies in the public
streets, intersections and other facilities to and/or servicing the
proposed development shall be identified, and, as a condition of approval
of any plan, the Board may require the developer to provide, construct
and install, at his expense, such off-site improvements thereto as
are reasonably caused by and/or related to the proposed development.
In lieu thereof, the developer may, with the Board's approval, make
a contribution to the Township's Off-Site Highway Improvement Fund
in such amount as determined by the Board.
(c)
Study conclusions. The required traffic study
shall affirmatively demonstrate:
[1]
That the level of service at unsignalized and
signalized intersections contiguous to the developer's property necessary
to serve the proposed development by providing egress and ingress
thereto (intersections through which at least 35% of the development's
traffic must flow to gain access to the development) shall not as
a consequence of the proposed development fall below Level of Service
D, as specified in the Transportation Research Board, Special Report
209, Highway Capacity Manual 1985, published by the Transportation
Research Board, Washington, D.C., 1985 or latest edition; provided,
however, that the Board may grant relief from this criteria upon recommendation
of the Township Engineer following a traffic study supplied by the
developer justifying waiver of this provision and proof by the developer
that the waiver will not substantially impair or affect public safety.
This provision shall not be construed to preclude improvement of such
intersections to retain at least a Level of Service D or better.
[2]
The effect of the proposed development on the
reserve capacity of public roads and road intersections providing
access to the development and in the area of the development property
shall be demonstrated.
[3]
That improvements to the roads contiguous to
the developer's property proposed as part of the improvements for
the development, such as road widening, acceleration/deceleration
lanes, traffic control devices and similar improvements, shall be
sufficient to accommodate the additional traffic generated by the
proposed development consistently with recognized traffic engineering
design principles, including but not limited to those promulgated
by PADOT.
(6)
Sound
and vibration study. A subdivision or land development application
which seeks preliminary or final approval of a commercial, industrial,
office or professional use or combination thereof containing more
than one lot or building or one building in excess of 30,000 square
feet in gross floor area or any use which requires conditional use
approval shall be accompanied by a sound and vibration report in narrative
form prepared by a qualified professional engineer or acoustic expert
having the requisite training and expertise in conducting and preparing
such studies, which shall, at a minimum, include the following:
[Added 5-10-2023 by Ord. No. 353-2023]
(a)
Content. Prepared by a qualified professional engineer or acoustic
expert, the study shall include, at a minimum:
[1]
A description and analysis of the sound and vibration levels,
volumes, frequencies, and patterns to be generated by the proposed
development. The sound study shall include buzzing, humming, whirring,
and other low frequency sounds which may emanate from the proposed
development.
[2]
An analysis of the impact of the development as a generator
of sound and vibration on surrounding properties.
[3]
An accounting of the existing ambient sound and vibrations in
the surrounding area before the proposed development.
[4]
A description of the proposed mitigation efforts to reduce impacts on surrounding properties, including, but not limited to, sound dampening or reduction, vibration dampening or reduction, and other facilities necessitated by the development to comply, at minimum, with Chapter 133 of the Code of East Whiteland Township, Peace and Good Order, and § 200-13G of the Zoning Ordinance, Vibration. Examples of sound and vibration dampening and/or reduction measures, shall include, but are not limited to, sound dampening or acoustic panels; louvers for heating, ventilation and cooling equipment; screening and siting considerations; vibration-absorbing foundations for equipment; and objects which direct sound and vibration away from surrounding properties.
(b)
Review. The study shall be reviewed by the Planning Commission, the Township Engineer and, at the Township's discretion, an acoustic consultant selected by the Township, who, collectively, shall determine the accuracy of the study's information and the potential impacts on surrounding properties. All sound and vibration impacts which do not, at a minimum, comply with the requirements of the Chapter 133 of the Code of East Whiteland Township, Peace and Good Order and § 200-13G of the Zoning Ordinance, Vibration, or those which may cause undue impacts on surrounding properties, shall be identified, and, as a condition of approval of any plan, the Board may require the developer to provide, construct and install, at the developer's expense, such improvements thereto as are reasonably caused by and/or related to the proposed development to reduce the sound and vibration impact.
(c)
Study conclusions. The required study shall affirmatively demonstrate:
A.
Purpose. The regulations established in this section
have been adopted to require and ensure that:
(1)
Each dwelling unit and each commercial or industrial
building in all subdivisions and land developments hereafter granted
approval shall have an adequate and uninterrupted supply of potable
water for domestic use.
(2)
Each unit or building shall have an adequate and uninterrupted
supply of water for purposes of fire protection.
(3)
In each case where water is to be supplied to a subdivision
or land development by means of a public water supply system, such
system meets minimum standards controlling water storage and production
capabilities for domestic and fire use.
B.
Requirements. If the developer for subdivision or
land development approval proposes that the subdivision or land development
be served by public water, the developer shall:
(1)
File with the preliminary plan application a report
from the public water company proposing to provide public water which
describes the volume of flow, static pressure and residual pressure
at the fire hydrant nearest to the proposed subdivision.
(2)
Based upon the foregoing information, submit a hydraulic
study which demonstrates what volume of water and pressures are to
be provided at the most critical points within the development. Critical
points shall be determined by the developer's engineer, following
consultation with the public water company, determined on the basis
of the intensity of development and all other applicable engineering
criteria.
(3)
Contemporaneously with submission of the final plan
only, submit a plan, provided by the public water company, showing
the proposed design of the water distribution system. It shall be
affirmatively demonstrated by the water company that the provision
of public water to the development will not have the effect of degrading
water service to the existing users of the public water system.
C.
Review procedure for proposed public water supply
system.
(1)
The submissions required by Subsection B of this § 175-24 shall be reviewed by the Township Engineer in conjunction with the subdivision or land development application, who shall make a recommendation to Board with respect to the developer's compliance with the requirements of this section and the adequacy of the public water supply system. The Board expressly reserves the right, in its sole discretion, to require the developer, at the developer's cost and expense, to provide an independent engineering study and report verifying the adequacy and ability of the proposed public water system to supply adequate public water for the purposes described in Subsection A of this § 175-24 to the proposed subdivision or land development.
(2)
Submission by the developer of the required report,
hydraulic study and plan shall be considered essential, and no subdivision
or land development application, whether preliminary or final, shall
be accepted for review or granted approval without such submission.
Modifications required by the Township Engineer to any proposed water
distribution system or required as a result of an independent engineering
study shall, if based upon reasonable engineering or design criteria,
be a condition of any subdivision or land development approval.
D.
Minimum water supply requirements.
(1)
In all subdivisions and land developments served by
public water, the following water pressure and gallonage requirements
shall apply:
(a)
Residential use. A minimum domestic pressure
of 30 pounds per square inch shall be provided at each house to be
connected to the water supply main. The system to which the residential
unit is connected shall have sufficient capacity to supply a minimum
of 300 gallons of water per residential unit per day within the subdivision
or land development.
(b)
Commercial or industrial use. A minimum domestic
pressure of 30 pounds per square inch shall be provided at each commercial
or industrial building connected to the water supply main. When a
building wishes to connect to a public water system, a study will
be made to determine if there is adequate water supply in the system
to supply the building and its proposed use(s).
(2)
For purposes of fire protection in residential districts,
the system shall be demonstrably capable of providing fire flow water
requirements for a minimum duration of two hours of not less than
500 gallons per minute at residual pressures of 20 pounds per square
inch. Fire hydrants shall be spaced every 600 linear feet along the
public water supply system within the subdivision or land development
so as to ensure that each building is within a radius of 400 feet
of a fire hydrant.
(3)
For purposes of fire protection in commercial and
industrial districts, a 1,000 gallons per minute (G/M) at 20 pounds
per square inch (psi) residual pressure is required. Spacing of hydrants
should be within 400 feet of all properties.
E.
Approvals conditioned upon adequacy of public water supply. No subdivision or land development application proposing a public water supply system shall be granted preliminary or final approval unless the developer demonstrates by a fair preponderance of the credible evidence full compliance with the provisions of this § 175-24.
F.
Water distribution plan requirements. All proposed
water distribution systems shall be designed, connected and installed
to meet the specifications and requirements of PADEP, Pennsylvania
Utility Commission, Chester County Department of Health, National
Fire Prevention Association, the Township Engineer and all Township
ordinances. The complete design of the proposed distribution system
and the following information shall be provided as a part of all preliminary
and final plans:
(1)
Design standards.
(a)
The design shall include the pipe material and
the size of the water mains to be utilized, the size of the existing
water system main(s) at the point(s) of interconnect, and the existing
and proposed placement of all valves and fire hydrants.
(b)
Distribution systems for a residential district
shall be laid out in a grid pattern and looped where possible to avoid
the use of dead end mains. In the event dead ends cannot be avoided,
the dead end of a main shall have a fire hydrant, flushing hydrant,
or blowoff for flushing purposes.
(c)
Mains within a residential district shall be
a minimum of six inches in diameter where the lengths between intersecting
mains are no more than 600 feet. Mains shall be a minimum of eight
inches in diameter for distances greater than 600 feet, unless such
pipe diameter is proven by the water company to be unnecessary to
provide adequate service.
(d)
Distribution systems and main accesses for commercial
and industrial developments shall comply with those for a residential
district unless greater sizes are specified by the engineer of the
appropriate water utility company, the Township Engineer, and/or the
Fire Marshal.
(2)
Materials.
(a)
Standards and materials for the construction
of all water distribution systems shall meet or exceed those requirements
described in the most recent edition of the Public Water Supply Manual
of PADEP and shall be subject to the approval by the Township Engineer.
(b)
The water mains shall be:
[1]
Polyvinylchloride pipe and shall conform to
AWWA Standard C 900-75. Polyvinylchloride pressure pipe shall be Class
150 and shall meet the requirements of DR 18.
[2]
Ductile cast iron pipe Class 50, and shall conform
to "Federal Specification for Pipe, Water, Ductile Cast Iron WW-P-421
C," and shall be coated on the outside, and cement lined.
(3)
Storage. Adequate storage shall be provided to ensure the capacity gallonage and pressure as specified in Subsection F(1) of this section. Additional capacity shall be provided as a reserve for fire protection when requested by the Fire Marshal or the Township Engineer.
(4)
Fire hydrants. Whenever a central water distribution
system is provided, blue hydrants shall be installed as specified
by the Insurance Services Office of Pennsylvania, the Fire Marshal,
the Township Engineer and the following regulations:
(a)
For purposes of fire protection in detached
residential districts, fire hydrants shall be installed within 600
feet of all existing and proposed structures, measured by way of accessible
streets.
(b)
For purposes of fire protection in attached
commercial and/or industrial districts, semidetached and multi developments,
fire hydrants shall be installed within 400 feet of all existing and
proposed structures, measured by way of accessible streets.
A.
General requirements.
(1)
Each lot shall have approved sewage facilities in
accordance with the provisions of PADEP and the Chester County Department
of Health.
(2)
All sanitary sewer facilities shall be subject to
the requirements of the Pennsylvania Sewage Facilities Act[1] and the rules and regulations thereunder of PADEP, including
without limitation, those at 25 Pa. Code, Chapters 71 and 73, and
the rules and regulations of the Chester County Department of Health.
[1]
Editor's Note: See 35 P.S. § 750.1
et seq.
(3)
The developer shall provide the highest type of sanitary
sewage disposal facility consistent with existing physical, geographical,
and geological conditions of the site. The highest type of facility
is considered to be a facility which provides adequate protection
against pollution of the environment over the lifetime of the development.
(4)
All lots which cannot be connected with an operational
public or operational community sanitary sewage disposal system at
the time of construction of a principal building shall be provided
with an on-site sanitary sewage disposal system which shall, as a
minimum requirement, meet the design standards of prevailing regulations
of PADEP and the Chester County Department of Health.
(5)
If required by PADEP and/or the Chester County Department
of Health, all subdivisions and land developments proposing individual
community subsurface or land application sewage systems shall provide
either an alternative disposal area for a community sewage system
or an alternative disposal area for each individual lot for on-lot
disposal systems, which meet the required horizontal isolation or
setback distances and other requirements under the rules and regulations
of PADEP. When PADEP and/or the Chester County Department of Health
requires the provision of alternative disposal areas, the Board shall
require that the developer clearly indicate these areas on the final
plan for each lot requiring such a system in the proposed subdivision
or land development. Such alternative area shall be protected from
disturbance or encroachment by a recorded restrictive covenant or
other instrument approved by the Township Solicitor.
(6)
In no case shall sanitary sewers and storm sewers
be combined. No on-site sewage disposal system shall be connected
with a capped sewer.
B.
Sanitary sewage disposal systems.
(1)
Wherever a developer proposes that individual on-site
sanitary sewage disposal systems shall be utilized, the developer
shall either install such facilities or shall require by deed restriction
or other means and/or manner acceptable to the Board, as a condition
of the sale or lease of each lot, that such facilities shall be installed
by the purchaser of such lot or parcel at the time that the first
principal building is constructed, and in accordance with these regulations.
(2)
Where studies by the Township indicate that start
of construction or extension of sanitary trunk sewers to serve the
property being subdivided or developed appears probable within a period
of five years, the Board may require the installation and capping
of sanitary sewer mains and all laterals to the street right-of-way
line. All mains shall be terminated at manholes or suitably capped
as directed by the Township Engineer.
(3)
Where any buildings are to be occupied or conveyed prior to the extension of a sewer system to the subdivision or land development, the subdivider shall install approved on-site sewage disposal facilities or require as a condition of sale that such facilities shall be installed in accordance with this § 175-25 in addition to the provision of capped sewers as required in Subsection B(2). The cost of such installation shall be the responsibility of the developer.
C.
Soil suitability analysis requirements.
(1)
Deep hole and percolation tests shall be performed
for all subdivisions where proposed building(s) at the time of construction
cannot be connected to a public or community sanitary sewage disposal
in operation. Deep hole test pits are required in connection with
the submission of completed planning modules for land development
as part of the preliminary plan application.
(2)
Deep hole and percolation tests shall be made in accordance
with the procedure required by PADEP and the Chester County Department
of Health by a registered professional engineer, registered sanitarian,
or a sewage enforcement officer under the Pennsylvania Sewage Facilities
Act,[2] at a rate of one deep hole test per lot prior to preliminary plan submission. The rules of the percolation and deep hole tests shall be prepared in accordance with Subsection C(3) below, and shall be made part of the submission of the completed planning module for land development required as part of the preliminary plan application in accordance with Article V of this chapter.
[2]
Editor's Note: See 35 P.S. § 750.1
et seq.
(3)
The results of the above tests shall be analyzed in
relation to the physical characteristics of the tract being developed
and of the general area surrounding the tract. The lot layout of the
preliminary and final plan shall be based on this analysis. The analysis
shall indicate that each lot to be served by on-site sanitary sewage
disposal facilities is of a size and shape to accommodate the necessary
size of absorption area at a safe isolation distance from water supply
wells and proposed and existing buildings, in accordance with the
isolation distance rules and regulations of PADEP, as administered
by the Chester County Department of Health. The location of the deep
hole tests, the location and size of existing and proposed on-site
sanitary sewage disposal facilities, and the location of existing
and proposed buildings and water supply wells shall be shown on the
preliminary and final plans.
(4)
Backfilling of all percolation test holes and related
test pits shall be accomplished within the time period specified in
accordance with the Pennsylvania Sewage Facilities Act and/or the
rules and regulations thereunder of PADEP.
D.
Community systems. In such cases where public sanitary
sewage disposal system is not available and an on-site sanitary sewage
disposal system is not approved, the developer shall provide a complete
community sanitary sewage disposal system. The design and installation
of any such community sewage system shall be subject to the approval
of the Township and PADEP, shall satisfy all PADEP standards relating
to construction, installation and maintenance. The developer shall
be required to enter into a written agreement with the Township providing
for the developer's future operation, maintenance and upkeep of the
facility and the establishment by the developer of an escrow account
to fund operational and maintenance needs of the facility. A copy
of the approval of such system shall be submitted with the final plan
application or as soon as permitted by PADEP. If required by the Board,
all such community systems shall be offered for dedication to the
Township, but nothing herein shall require the Township to accept
any proposed dedication.
E.
Public sewerage systems. If the subdivision or land
development is in an area served by a public sanitary sewage disposal
system, the developer shall be required to connect to the system if
capacity is available.
F.
Facilities specifications. All sanitary collection
systems and treatment facilities shall be installed according to the
standards and specifications as adopted by the East Whiteland Municipal
Authority.
G.
On-lot systems. All individual on-site sewer systems
shall be located on the lot they shall serve.
H.
Sand-mound systems. If a sand-mound system is warranted,
all sewage shall be aerated prior to being disposed of in the sand
mound.
