Township of Upper Uwchlan, PA
Chester County
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Table of Contents
Table of Contents

§ 162-44 General standards.

A. 
The following standards shall be complied with in all subdivision and land development, and are intended as the minimum for the promotion of the public health, safety and welfare. If an applicant/developer, however, can clearly demonstrate to the satisfaction of the Board that because of peculiar physical conditions pertaining to his land, the literal enforcement of these standards would cause undue hardship, such variations from their literal interpretation may be permitted as may be reasonable and consistent with the purpose and intent of this chapter. Such variations shall represent the least change from the standard.
B. 
All proposed subdivisions shall comply fully with the existing zoning regulations applicable to the land, and no parcel of land shall be created, either by inclusion or exclusion from a proposed subdivision, which cannot be properly utilized for a permitted use under the existing zoning regulations.
C. 
Physical improvements to the property being subdivided shall be provided, constructed, and installed as shown on the plan of record, in accordance with the requirements of the Township.
D. 
As a condition to review of a final plan by the Township Planning Commission, the subdivider shall agree to the installation of all items required by these regulations and shall submit a completed copy of the subdivision improvement agreement, agreeing with the Township to install all the improvements as required by this chapter and all regulations adopted pursuant hereto, and to deliver a deed of dedication supported by a certificate of title insurance and maintenance bond for any and all roads of the subdivision at the Township's option at any time after the first lot therein is sold or development thereon has commenced.
E. 
All improvements installed by the applicant shall be constructed in accordance with the design specifications of the Township. Where there are no applicable Township specifications, all such specifications are subject to the approval of the Township Engineer.

§ 162-45 Land requirements.

A. 
Land shall be suited to the purposes for which it is to be subdivided. Proposed land developments shall be coordinated with existing nearby neighborhoods so that the community as a whole may develop harmoniously.
B. 
No land shall be developed for residential purposes unless all hazards to life, health, or property from flood, fire, and disease shall have been eliminated or unless the plans for the development shall provide adequate safeguard against such hazards.
C. 
No plan of subdivision or land development shall be approved which would result in lots or land use, or which would in any other way be inconsistent with Chapter 200, Zoning, then in effect for the zoning district in which the land to be developed or subdivided is located.

§ 162-46 Lot design.

A. 
General lot design standards.
(1) 
Lot dimensions, areas and orientation shall be appropriate for the type of development and use contemplated, and sufficient to provide satisfactory space for off-street parking and other accessory uses.
(2) 
Lot dimensions and areas shall not be less than as required by Chapter 200, Zoning, as amended from time to time.
(3) 
Insofar as practical, side lot lines shall be at right angles to straight street lines, and radial to curved street lines and cul-de-sac turnarounds.
(4) 
Where feasible, lot lines shall follow municipal boundaries rather than cross them, in order to avoid jurisdictional problems.
(5) 
The depth of residential lots shall be not less than one nor more than three times their width.
B. 
Lot frontage standards.
(1) 
All lots shall have direct access to a public street, or to an approved private street and shall have a frontage in accordance with zoning standards, but shall have a minimum width of 50 feet on a public or private street.
(2) 
Any proposed lots abutting an existing or proposed arterial or collector street in the Township shall be designed as reverse frontage lots having access to the street with a lower function, as required in § 200-75 of Chapter 200, Zoning. This requirement may be waived by the Board of Supervisors if, in its judgment:
(a) 
The advantages to the Township of compliance with this standard are outweighed by the applicant's resulting inability to meet other requirements of this chapter or Chapter 200, Zoning; or
(b) 
Compliance would be unreasonable or impractical due to the size of the proposed development, configuration of the site, etc.
(3) 
All residential lots using reverse frontage shall have a rear yard with a minimum depth of 75 feet, measured in the shortest distance from the proposed dwelling unit to the ultimate right-of-way, and shall, within such rear yard and immediately adjacent to the right-of-way, have a planting screen easement of at least 10 feet in width, across which there shall be no right of access.
C. 
Building setback lines. The minimum building setback line shall be in accordance with Chapter 200, Zoning, but may be placed deeper on a cul-de-sac lot in order to satisfy minimum lot width requirements where the side lot lines are not parallel to each other or have any other legitimate reason.
D. 
Interior lots.
(1) 
No more than two new contiguous interior lots shall be formed. The creation of such lots shall be minimized and limited to those circumstances dictated by the configuration of the site; however, the applicant shall not be permitted to use interior lot design to avoid constructing or extending streets.
(2) 
No more than two lots, stacked upon each other, shall be created along a new or existing street. Access to any other lots shall be taken directly from a new street.
(3) 
An interior lot shall have an access strip, with a minimum width for its entire depth of 25 feet if a deed restriction prohibits the lot from further subdivision. If the lot is not deed-restricted and can be further subdivided, an access strip with a fifty-foot minimum shall be required. The access strip shall be in addition to the minimum lot area requirements as prescribed in Chapter 200, Zoning.
(4) 
No interior lot shall be permitted on a cul-de-sac.
E. 
Crosswalks.
(1) 
Crosswalks may be required by the Board of Supervisors to facilitate pedestrian circulation and to give access to community facilities where situations warrant concern for the safety and welfare of Township residents.
(2) 
Such crosswalks shall have a width of not less than 10 feet and a paved walk of not less than four feet.

§ 162-47 Monuments and iron pins.

A. 
Monument standards.
(1) 
Permanent stone or concrete monuments shall be accurately placed at the intersection of all lines forming angles and at changes in directions of lines in the boundary (perimeter) of the property being subdivided.
(2) 
All monuments shall be placed by a registered engineer or surveyor so that the scored point created by an indented cross or drill hole in the top of the monument shall coincide exactly with the point of intersection of the lines being monumented.
(3) 
Monuments shall be set with their top level with the finished grade of the surrounding ground.
(4) 
All streets shall be monumented on the right-of-way line at the following locations:
(a) 
At least one monument at each intersection;
(b) 
At changes in direction of street lines;
(c) 
At each end of each curved street line [e.g., points of curvature and tangency (only one side of each street need be monumented)];
(d) 
An intermediate monument wherever topographical or other conditions make it impossible to sight between two otherwise required monuments; and
(e) 
At such other places along the line of streets as may be determined by the Township Engineer to be necessary so that any street may be readily defined in the future.
(5) 
All sewage disposal areas shall be monumented.
B. 
Iron pin standards.
(1) 
Iron pins shall be accurately placed at all lot corners within a subdivision.
(2) 
Iron pins shall consist of solid iron pipe or pins, with a minimum diameter of 1/2 inch and shall have a minimum length of 18 inches.
(3) 
Iron pins shall be placed in concrete to ensure that they will not be removed.

§ 162-48 Wastewater treatment and disposal.

[Amended 12-15-2003 by Ord. No. 03-06]
A. 
General.
(1) 
The proposed method of sanitary wastewater disposal shall be designed, constructed, and maintained in accordance with the Upper Uwchlan Township's officially adopted Act 537 Sewage Facilities Plan, as amended, as well as other applicable Township standards and specifications, which may be updated or revised from time to time and which may include, but are not limited to:
(a) 
Technical specifications for construction of sewer mains and appurtenances to be connected to the public sewer system;
(b) 
Standards for design and construction of lagoon and irrigation systems in the Route 100 Regional Service Area; and
(c) 
Standards for preparation of sewage facilities planning modules for irrigation and storage facilities in the Route 100 Regional Service Area.
(2) 
When in accordance with the Pennsylvania Department of Environmental Protection Facilities Plan Revision, the procedure set forth in that revision shall be followed.
(3) 
Each property shall be connected to a public sewer system, if accessible. Where the public sewer is not yet accessible, but is planned for extension to the subdivision within a reasonably short time (up to 10 years) in accordance with the Upper Uwchlan Township officially adopted Act 537 Sewage Facilities Plan, the subdivider shall install sewer lines, including lateral connections as may be necessary to provide adequate service to each lot when connection with the sewer system is made. The sewer lines shall be suitably capped at the limits of the subdivision, and the laterals shall be capped until sewers are provided. Design of capped sewer systems shall be subject to approval by the Pennsylvania Department of Environmental Protection, with supervision of design and installation by Upper Uwchlan Township. Alternative sanitary wastewater facilities, acceptable to the Township and in accordance with this chapter and all other applicable regulations, shall be provided in the interim.
B. 
Public sanitary wastewater systems. Sanitary sewers shall be designed and constructed in strict accordance with the applicable standards and specifications as may be established by the Pennsylvania Department of Environmental Protection, the Chester County Department of Health, and Upper Uwchlan Township. A copy of any such approval of such sewer systems shall be submitted with the final plan.
C. 
Community and individual on-site sanitary wastewater systems.
(1) 
All lots which cannot be connected to a public sanitary wastewater disposal system in operation at the time of construction of a principal building shall be provided with community or individual on-site sanitary wastewater disposal system(s) meeting the applicable design standards of the rules and regulations of the Pennsylvania Department of Environmental Protection, the Chester County Department of Health, and Upper Uwchlan Township.
(2) 
If community or individual on-site sanitary wastewater disposal facilities are to be utilized, the Township Planning Commission may require that the subdivider submit a feasibility report. Such report shall compare the cost of providing community or individual on-site facilities with the costs associated with public wastewater treatment. Such report shall also evaluate the environmental, implementation, operation, and maintenance considerations of community or individual on-site facilities. Based on the analysis of this report, the Township may require the installation of a public sanitary sewer system or capped sewer.
(3) 
Where individual on-site sanitary wastewater facilities are to be utilized, applicable Pennsylvania Department of Environmental Protection, Chester County Department of Health, and Upper Uwchlan Township standards and regulations shall be adhered to so that each building lot is designed to be served by the required square footage of the individual on-site sanitary wastewater disposal absorption and reserve areas and to meet the isolation distance(s) established by applicable Pennsylvania Department of Environmental Protection standards.
(4) 
Where individual on-site sanitary wastewater facilities are to be utilized, such facilities may be located within common and/or restricted open space in lieu of location(s) on the specific lot(s) to be served, where approved by the Township in accordance with applicable zoning regulations.
(5) 
Where any individual on-site sanitary wastewater facilities are located within common or restricted open space not part of the individual lot being served, the location(s) of such facilities shall be monumented and easements satisfactory to the Board of Supervisors shall be established to require and enable the maintenance of such facilities by the appropriate parties.
(6) 
Where individual on-site sanitary wastewater disposal systems are to be utilized, the subdivider shall either install such a facility approved by the Chester County Department of Health or shall guarantee (by deed restriction and by an approved individual on-site wastewater disposal permit issued by the Chester County Department of Health), as a condition of the sale of each lot or parcel within the subdivision, that such facilities can be installed by the purchaser of such lot or parcel.
(7) 
Where community wastewater disposal systems are proposed, such a system shall be no closer to any adjacent property lines as allowed by applicable Pennsylvania Department of Environmental Protection standards. Where such a system requires a building or structure to be located above ground, the building or structure shall be completely screened from the view of any adjacent properties, according to the screening provisions of § 200-77 of Chapter 200, Zoning.
(8) 
The design, installation, ownership and maintenance of community sanitary wastewater systems shall be subject to the approval of the Pennsylvania Department of Environmental Protection and such systems shall be further subject to satisfactory provisions for the maintenance thereof. The Township may required dedication of a community sanitary wastewater system to the Township at any time. At a minimum, each community system should be required to provide a reserve area in the event the system should fail. The reserve area shall be located within soils suitable to support such a system.
(9) 
Where a community on-lot disposal system is provided, the treatment facility(ies), disposal and reserve area(s), and any pump station(s) shall be located on a separate nonresidential lot which shall be dedicated to Upper Uwchlan Township and which shall be monumented according to § 162-47 as a wastewater disposal area. Areas designated for wastewater disposal shall be 100% tested for the suitability of wastewater disposal, in accordance with this chapter and all other applicable regulations. Community on-lot disposal systems shall be constructed in accordance with this chapter and applicable regulations.
(10) 
Soil percolation test requirements.
(a) 
Soil percolation tests shall be performed for all subdivisions wherein building(s) at the time of construction will not be connected to an operating public sanitary wastewater disposal system. Soil profiling and/or deep hole test pits shall be used to further guarantee site suitability.
(b) 
Soil percolation and other tests shall be made in accordance with the procedure required by the Pennsylvania Department of Environmental Protection, by either a registered professional engineer or registered sanitarian and/or the Pennsylvania Sewage Facilities Act sewage enforcement officer.
(c) 
Soil percolation and other tests shall be performed within the site of the proposed individual sanitary wastewater disposal facilities and any reserve area(s).
(d) 
The results of the soil percolation and other tests shall be analyzed in relation to the physical characteristics of the tract being subdivided and of the general area surrounding the tract being subdivided. The lot layout established in the preliminary subdivision plan shall be based on this analysis.

§ 162-49 Water supply.

[Amended 12-15-2003 by Ord. No. 03-06]
A. 
Adequate and potable water supply system(s) shall be installed consistent with design principles and requirements contained in this chapter, Chapter 183, Article I, Public Water Supply, and Township standards, which are the U.S. Public Health criteria for drinking water as established by the Federal Safe-Drinking Water Act, as amended, or any other applicable standards.
B. 
Where the subdivider proposes that individual on-site water supply systems shall be utilized within the subdivision, the subdivider shall either install such facilities or shall guarantee (by deed restriction or otherwise), as a condition of the sale of each lot or parcel within the subdivision, that the facilities can be installed by the purchaser of such lot or parcel. Individual on-site wells shall be subject to the standards of the Chester County Department of Health.
C. 
Wherever feasible, the subdivision shall be provided with a complete public or community water distribution system. The design and installation of such public system shall be subject to the approval of the Township; and the design and installation of such community distribution system shall be subject to the approval of the Pennsylvania Department of Environmental Protection and such system shall be further subject to satisfactory provision for the maintenance thereof.
(1) 
Where a permit is required by said Department, it shall be presented as evidence of such review and approval in the case of private or public systems before construction commences.
(2) 
The plan of the proposed water distribution system shall be approved by the provider of the public water supply.
D. 
Wherever a public or community water system is provided, fire hydrants or acceptable alternatives shall be installed for fire protection as approved by the local fire company and Township Engineer. Where fire hydrants are installed, they shall meet the specification of the Insurance Services Office of Pennsylvania. Location of hydrants shall be approved by the Township. Hydrants shall be provided with adequate storage and pressure as determined by the Township Engineer.
(1) 
Generally, all fire hydrants will be located on a minimum looped six-inch line. Where a dead-end line is required to contain a fire hydrant, the portion of the line between the main loop and the hydrant shall be an eight-inch minimum diameter.
(2) 
Fire hydrants shall be spaced in a development so that all proposed building(s) will be no more than 750 feet from the hydrant measured along traveled ways.
(3) 
All community water systems must provide a minimum of 500 GPM at a residual pressure of 20 psig for a two-hour period.
(4) 
For additional fire protection, the Township reserves the right to require incorporation of a dry hydrant into existing and proposed ponds or reservoirs and that an access easement be provided for emergency use.
E. 
Wherever a public or community water system is provided, applicants shall present evidence to the Board of Supervisors that the subdivision or land development is to be supplied by a certified public utility, a bona fide cooperative association of lot owners, or by a municipal authority or utility. A copy of a certificate of public convenience from the Pennsylvania Public Utility Commission or an application for such certificate, a cooperative agreement, or a commitment or agreement to serve the area in question, whichever is appropriate, shall be acceptable evidence.
F. 
Minimum water supply requirements. All applicable standards established in Chapter 183, Article I, Public Water Supply, are hereby incorporated.
(1) 
In all subdivisions and land development served by public water, the following water pressure and gallonage requirements shall apply:
(a) 
Residential use.
[1] 
A minimum domestic pressure of 30 pounds per square inch shall be provided at each house to be connected to the water main. The system to which the residential unit is connected shall have sufficient capacity to supply a minimum of 350 gallons of water per residential unit per day within the subdivision or land development.
[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 pressure of 20 pounds per square inch or more as required for ISO certification.
(b) 
Commercial or industrial use.
[1] 
A minimum pressure of 30 pounds per square inch shall be provided at each commercial or industrial building connected to the water supply main. When a builder wishes to connect to a public water system, a study will be made to determine if there is adequate water to supply system to supply the building and use.
[2] 
For purposes of fire protection in commercial and industrial district, 1,000 gallons per minute at 20 pounds per square inch residual pressure is required or as required for ISO certification.
(2) 
Two sources of groundwater shall be provided for each public or community water system due to usual density and demand served by such systems. Each source shall be capable of supplying the average daily demand of all proposed dwelling units. This requirement may be waived by the Board of Supervisors when the following alternatives are proposed, subject to Township Engineer approval:
(a) 
A single well capable of providing twice the daily average demand as demonstrated by a pumping test of at least 48 hours' duration producing a stabilized drawdown of unchanging water level for at least five hours' duration;[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
(b) 
A single well capable of supplying the average daily demand with an additional reliable surface water source;
(c) 
A single well capable of supplying the average daily demand plus a dependable connection to another satisfactory public water supply system; or
(d) 
A second well used to monitor the aquifer and as a standby in the event of an emergency.
G. 
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 applicant demonstrates, by a fair preponderance of the credible evidence, full compliance with the provisions of this section.
H. 
Construction standards.
(1) 
Water mains shall be constructed of cement-lined, ductile iron, minimum class 52 pipe, or as approved by the Township Engineer. No extension of water mains shall be permitted for a pipe having a diameter of less than eight inches.
(2) 
All pipe shall have a minimum cover of three feet six inches from grade to the crown of pipe.
(3) 
Water mains shall be located within the paved cartway, five feet off the curbline.
(4) 
Generally, water mains shall be so designed as to form a loop system to enhance the continual supply of fresh water. When dead ends occur on new mains, they shall all be closed with cast iron plugs and caps, with a blowoff valve, with a concrete anchor, or fire hydrant. Concrete anchors (thrust blocks) shall be provided at all vertical and horizontal bends.
(5) 
Mains shall be drained through drainage branches or blowoffs to dry wells from which the water can be pumped. Drainage branches, blowoffs, air vents, and appurtenances shall be provided with valves.
(6) 
Blowoffs shall not be connected to any sewer, or submerged in any manner that will permit back siphonage in the distribution system. All blowoffs should be located out of paving.
(7) 
A cast iron valve box or a masonry pit shall be provided for every valve which has no gearing or mechanism, or for which the gearing or operating mechanism is fully protected with a cast iron grease case. A masonry valve pit shall be provided for every valve which has exposed gearing or operating mechanisms.
(8) 
Manholes shall be constructed of brick or concrete, with cast iron frames and covers or as approved by the Township Engineer.
(9) 
Fire hydrants shall be provided as an integral part of any public water system. They shall be located no farther than 750 feet apart as measured along traveled ways. Each hydrant shall be connected to the main with a minimum of six-inch ductile iron branch controlled by a minimum of an independent six-inch gate valve.
(10) 
Hydrants shall be located in a manner to provide complete accessibility and so that the possibility of damage from vehicles or injury to pedestrians will be minimized. When placed behind the curb, the hydrant barrel shall be set so that no portion of the pumper or nozzle cap will be less than 24 inches from the gutter face of the curb. When set in the lawn space between the curb and the property line, no portion of the hydrant or nozzle cap shall be within six inches of the sidewalk.
(11) 
All hydrant connections shall be reviewed by the fire company having jurisdiction with a favorable recommendation by the chief of said fire company being required.

§ 162-50 Other utilities.

[Amended 12-15-2003 by Ord. No. 03-06]
A. 
All other utility lines including, but not limited to, electric, gas, street light supply, cable television, and telephone shall be placed underground. Installation of all utilities shall be in strict accordance with the engineering standards and specifications of the Township, the Pennsylvania Department of Transportation, and/or public utility concerned.
B. 
In accordance with the provisions of Act 287, all developers, contractors, etc., will contact all applicable utilities and accurately determine the locations and depth of all underground utilities within the boundaries of the tract proposed for development, prior to excavation. A list of the applicable utilities and their phone numbers shall appear on the plans submitted to review and proof shall be presented to the Township prior to final plan approval.
C. 
Prior to the sale of any lot, tract or parcel of land, the party responsible for selling the property shall inform the potential buyer of any and all easements which traverse the property.

§ 162-51 Erosion and sediment control.

[Amended 12-15-2003 by Ord. No. 03-06; 12-16-2013 by Ord. No. 2013-05]
A. 
Erosion and sedimentation control standards during land disturbance.
(1) 
The smallest practicable land area shall be disturbed and exposed at any one time during construction.
(2) 
Land exposure shall occur for the shortest practicable time period.
(3) 
Temporary ditches, dikes, vegetation, mulching and/or one of the new erosion control products subject to the approval of the Township Engineer and Chester County Conservation District (if applicable) should be used to protect critical areas exposed during development or construction.
(4) 
Sedimentation basins (debris basins, de-silting basins or sediment traps) shall be Installed and maintained to remove sediment from runoff from disturbed areas prior to any earth disturbance.
(5) 
Where feasible, natural vegetation should be retained and protected, natural grade alterations minimized, and total site disturbance minimized.
(6) 
Permanent vegetation and erosion control structures should be installed as soon as practicable during construction activities.
(7) 
Increased runoff caused by altered soil and surface conditions during and after construction shall be accommodated effectively.
(8) 
Design and implementation of temporary erosion and sedimentation control measures (intended to control the impacts of stormwater runoff during the period of land development and/or construction and associated land disturbance) shall not be accomplished in a manner which causes overdesign or redundancy of permanent stormwater management facilities, nor favor the use of detention basins in lieu of maximum feasible use of BMPs for permanent stormwater management.
B. 
Erosion and sedimentation control plans.
(1) 
General requirements. For all subdivisions and land development proposals, a plan or plans for erosion and sedimentation control, and accompanying report(s) as necessary, shall be submitted containing all information documenting compliance with the provisions of this and other applicable sections of this chapter, and not limited to the following:
(a) 
A plan of the grading of the subject subdivision or land development.
(b) 
Suitable map(s), plan(s), drawing(s), and narrative description as necessary, indicating all temporary erosion and sedimentation control measures and facilities affecting the subject property, including detailed design drawings, specifications, and relevant elevation data for all structural facilities.
(c) 
All computations of pre- and postdevelopment stormwater volumes and peak rates for the specified storm events, relevant to the design of temporary erosion and sedimentation control facilities.
(d) 
Applicable design computations for all components of both temporary and permanent erosion and sedimentation control systems, including drainage channels, swales, berms, basins, discharge structures.

§ 162-52 Stripping, piling, replacement or removal of topsoil.

Initial construction of any site shall consist of stripping and piling of topsoil from all areas planned to be disturbed. The area stripped shall be kept to a minimum. Upon completion of other construction, the entire amount of topsoil stripped shall be replaced on the site. No topsoil shall be disposed of, by sale or otherwise, off the site of the construction.

§ 162-53 Design standards for land development.

[Amended 12-15-2003 by Ord. No. 03-06]
In the case of any land development, the Board may require compliance with the following design standards contained in Chapter 200, Zoning:
A. 
Parking (§ 200-73).
B. 
Loading and unloading (§ 200-74).
C. 
Access and traffic control (§ 200-75).
D. 
Interior circulation (§ 200-76).
E. 
Screening (§ 200-77).
F. 
Landscaping (§ 200-78).
G. 
Lighting (§ 200-79).
H. 
Signs (Article XVI).

§ 162-54 Community facilities and public open space.

A. 
In reviewing subdivision plans, the Township Planning Commission shall consider whether community facilities, especially public open spaces in the area, are adequate to serve the needs of the additional dwellings proposed by the subdivision, and shall make such report thereon as it deems necessary in the public interest.
B. 
Subdividers shall give earnest consideration to the desirability of providing or reserving areas for facilities normally required in residential neighborhoods, including churches, libraries, schools and other public buildings; parks, playgrounds and playfields; shopping and local business centers. Areas provided or reserved for such community facilities should be adequate to provide for building sites, landscaping and off-street parking as appropriate to the use proposed. Prior to the preparation of plans, subdividers of large tracts should review with the staff of the County Planning Commission the minimum standards for various community facilities applicable to the tract being subdivided.
C. 
In subdivisions which are intended to provide housing for more than 25 families, in which the average lot size is less than 30,000 square feet, or 50 families in all other cases, the Township shall consider the need for suitable open areas for recreation and shall make a recommendation thereon. Standards to be used by the Planning Commission in requesting the reservation of space for recreation shall be in accordance with the following equation. Said open spaces shall be owned and maintained in accordance with § 200-69 of Chapter 200, Zoning.
Families/Dwellings to be Served
Minimum Playground and Neighborhood Park Acreage
25 to 50
2.0
For each additional 50 families or fraction thereof
1.0
D. 
Open space characteristics and design standards. In designating areas for open space and recreation within the subdivision and land development plan, the following criteria and standards shall be adhered to by the applicant:
(1) 
Consistent with the Township's Comprehensive Plan.
(2) 
Suitable for active recreational uses to the extent deemed necessary by the Board, without interfering with adjacent dwelling units, parking, driveways, and roads.
(3) 
Comprised of no more than 25% environmentally sensitive lands (including floodplains, woodlands, slopes exceeding 15%, and surface waters).
(4) 
Comprised of areas not less than 75 feet in width, and not less than two acres of contiguous area, except when part of a trail system or pathway network.
(5) 
Interconnected with common open space areas on abutting parcels wherever possible, including provisions for pedestrian pathways for general public use to create linked pathway systems within the Township.
(6) 
Provided with sufficient perimeter parking when necessary, and with safe and convenient access by adjoining street frontage or other rights-of-way or easements capable of accommodating pedestrian, bicycle, maintenance and vehicle traffic, and containing appropriate access movements.
(7) 
Undivided by any public or private streets, except where necessary for proper traffic circulation, and then only upon recommendation of the Township Engineer and Planning Commission.
(8) 
Free of all structures, except those related to outdoor recreational uses.
(9) 
Suitably landscaped either by retaining existing natural cover and wooded areas and/or by a landscaping plan for enhancing open space areas through plantings which are consistent with the purposes of this section and which minimize maintenance costs.
(10) 
Made subject to such agreement with the Township and such deed restrictions duly recorded in the office of the County Recorder of Deeds as may be required by the Board for the purpose of preserving the common open space for such use.
E. 
Ownership and maintenance. The open space shall be owned and maintained as per § 200-69C of Chapter 200, Zoning.

§ 162-55 Natural and historic features conservation.

[Amended 12-15-2003 by Ord. No. 03-06]
A. 
General.
(1) 
For all uses, activities, or improvements subject to this chapter or Chapter 200, Zoning, consideration shall be shown for the protection of all natural and historic features in Upper Uwchlan Township, including, but not limited to, woodlands, specimen trees, hedgerows, wetlands and watercourses, riparian buffers, prohibitive and precautionary slopes, trails, and historic resources which, if preserved, will add attractiveness and value to developed areas. The values of these natural and historic resources are documented and described in numerous Township documents and publications, most notably, Upper Uwchlan's Comprehensive Plan, as amended. The provisions of this section apply to all uses, activities, or improvements subject to this chapter or Chapter 200, Zoning, pursuant to § 200-108. Where any applicant demonstrates to the satisfaction of the Township that strict adherence to the provisions of this section will render the lot or tract unusable or unsuitable for development in accordance with applicable zoning district regulations, or demonstrates that alternative design provisions shall achieve similar conservation objectives, the provisions of this section may be waived or modified as determined appropriate by the Board of Supervisors.
(2) 
Where the proposed subdivision will be subject to a site analysis and impact plan (§ 162-9D of this chapter), the applicable narrative and plan submittal requirements of this section can be made part of the site analysis and impact plan. The resource management, protection, and improvement requirements of this section can be included in the open space requirements of this chapter (§ 162-54) or Chapter 200, Zoning (§ 200-69), as applicable to the proposed project.
B. 
Woodlands and hedgerows. The purpose of this section is to promote conservation of woodlands, including specimen trees and hedgerows, throughout Upper Uwchlan Township through the establishment of specific provisions for land development activities, replacement requirements, and management planning.
(1) 
Woodland and hedgerow disturbance resulting from any land development or land use change shall be minimized. No portions of tree masses or trees with a diameter at breast height (dbh) of six inches or greater shall be cleared unless demonstrated to be necessary and in accordance with this chapter. Applicants shall make all reasonable efforts to harmonize their plans with the preservation of existing woodlands and hedgerows.
(2) 
No specimen tree(s) shall be removed from any lot or tract except where the applicant demonstrates to the satisfaction of the Board of Supervisors that such removal is essential to eliminate hazardous condition(s) or otherwise permit lawful use of the lot or tract; where permitted, removal of specimen trees shall be minimized. Specimen trees to be retained shall be credited toward any tree replacement required under Subsections B(6) through B(9) below.
(3) 
Woodland and hedgerow disturbance exceeding any of the following standards shall require woodland replacement in accordance with Subsections B(6) through B(9) below. (For purposes of this section, the extent of any woodland or hedgerow disturbance shall be measured to include the entire area within the drip line of any tree where any part of the area within the drip line of said tree is subject to woodland or hedgerow disturbance.)
(a) 
Woodland disturbance in excess of 10,000 square feet of existing area of woodland or hedgerow for each principal use permitted on any lot or tract. As an example, where two principal uses are permitted, woodland disturbance may involve up to 20,000 square feet (10,000 x 2) before replacement is required.
(b) 
Woodland disturbance in excess of 50% of any existing area of woodland or hedgerow on any single lot that is part of a tract subject to subdivision.
(c) 
Woodland disturbance in excess of 25% of any existing area of woodland or hedgerow on any tract subject to subdivision, measured in its entirety, or on any single lot or tract subdivided prior to enactment of this section.
(4) 
In determining where necessary woodland or hedgerow disturbance shall occur, applicant shall consider the following:
(a) 
The location(s) and benefit of conservation of healthy mature woodland or hedgerow stands;
(b) 
The impacts, in terms of functions and values to wildlife, of separating, dividing and/or encroaching on wildlife travel corridors and/or extensive habitat areas, especially woodlands and hedgerows exceeding 10 acres in area; and
(c) 
The location of hedgerows relative to exterior or perimeter property lines as well as to existing or future trails, as consistent with applicable Township criteria such as the Open Space, Recreation, and Environmental Resources Plan (as amended), the Comprehensive Plan (as amended), or Trail Feasibility/Master Plan documents (as amended).
(5) 
In areas of permitted woodland or hedgerow disturbance and areas adjacent to permitted woodland and hedgerow disturbance, care shall be exercised to protect remaining trees from damage. To the maximum extent practicable, the following procedures shall be utilized during construction in order to protect remaining trees:
(a) 
Where existing trees are to remain, no change in existing grade shall be permitted within the drip line of the trees. Appropriate fencing four feet in height shall be placed at the drip line of trees to remain, wherever adjacent to proposed construction. Such fencing shall be maintained in place throughout the duration of construction activity. Roots shall not be cut within the drip line of any trees to remain.
(b) 
Trees within 25 feet of a building, or bordering entrances or exits to building sites, shall be protected by a temporary barrier to be maintained in place throughout the duration of construction activity.
(c) 
No boards or other material shall be nailed or otherwise attached to trees during construction.
(d) 
Construction materials, equipment, soil and/or debris shall not be stored nor disposed of within the drip lines of trees to remain, except for mulched vegetative matter used to prevent soil compaction.
(e) 
Tree trunks, limbs, and exposed roots damaged during construction shall be protected from further damage through immediate treatment in accordance with accepted professional landscape procedures.
(6) 
Where woodland or hedgerow disturbance involves more than the maximum area permitted under Subsection B(3) above, one tree and two shrubs shall be planted for each 300 square feet of woodland or hedgerow disturbance area, or fraction thereof, in excess of the maximum permitted area of disturbance. All specimen trees to be retained on any tract proposed for subdivision or land development shall be credited toward any tree replacement requirement, at a ratio of three trees credited for each individual specimen tree retained. Further, plant materials used to comply with the required minimum number of replacement plantings shall be: 3 1/2 inch caliper, minimum (trees); and 24 to 30 inches in height, minimum (shrubs).
(7) 
In addition to the vegetation replacement standards established in Subsection B(6) above, and for each tree greater than six inches dbh removed, replacement trees shall be planted in accordance with the following schedule.
For Each Tree to be Removed,
at the Following Sizes, dbh
(inches)
Minimum Number and
Caliper of Replacement
Trees
One, 6 to 8 dbh
One, 3 to 3 1/2 inch caliper
One, 8 to 12 dbh
One, 4 to 4 1/2 or two 3 to 3 1/2 inch caliper
One, 12 to 18 dbh
One, 5 to 5 1/2 or three 3 to 3 1/2 inch caliper
One, 18 to 24 dbh
One, 6 to 6 1/2 or four 3 to 3 1/2 inch caliper
One, greater than 24 dbh
Two, 6 to 6 1/2 or five 3 to 3 1/2 inch caliper
(8) 
Woodland and hedgerow replacement plantings and their measurement shall conform to the standards of the publications "American or U.S.A. Standard for Nursery Stock," American National Standards Institute (ANSI) or U.S.A.S. Z60.1 of the American Association of Nurserymen, as amended. All plant material used on the site shall have been grown within the same U.S. Department of Agriculture (USDA) hardiness zone as the site, shall be free of disease, and shall be nursery grown, unless it is determined by the Township that the transplanting of trees partially fulfills the requirements of this section. At the discretion of the Township, replacement trees as required above may be substituted by trees of at least 1 1/2 inch caliper at a ratio of three trees for each one tree otherwise required. Species of replacement plantings selected and planting locations shall reflect careful site evaluation, and, in particular, the following considerations:
(a) 
Existing and proposed site conditions and their suitability for the plant materials, based upon the site's geology, hydrology, soils, and microclimate.
(b) 
Specific functional and design objectives of the plantings, which may include but not necessarily be limited to: replacement of woodland and hedgerow area removed; enhancement of existing woodland, hedgerow, or oldfield area(s); reforestation of riparian buffer areas; provision for landscape buffer; visual screening, noise abatement, energy conservation, wildlife habitats, and aesthetic values (e.g., autumn coloration, type of flowers and fruit, bark and crown characteristics, amount of dieback present); or wind resistance.
(c) 
Maintenance considerations such as hardiness, resistance to insects and disease, longevity, and availability.
(d) 
Because of the many benefits of native plants (ease of maintenance, longevity, wildlife habitat, etc.), their use is encouraged. Species selection should reflect species diversity characteristic of the native woodland and hedgerow.
(9) 
Applicant shall include provisions, in narrative and/or graphic form, of sufficient detail to satisfy the Township, for the long-term management of any woodland and hedgerow area not subject to woodland and hedgerow disturbance and any area selected for introduction of replacement plantings in accordance with this section. The submission shall include a statement of woodland and hedgerow management objectives and shall demonstrate the feasibility of intended management practices, aiming to ensure the success of stated objectives, including the viability of introduced plantings, deterrence of invasive species, and means to minimize any future woodland and hedgerow disturbance. Additional requirements include:
(a) 
The manner in which the woodland area will be owned and by whom it will be managed, maintained, and improved (the latter as necessary).
(b) 
The conservation and/or land management techniques and practices that will be used to conserve and protect such areas, as applicable.
(c) 
The professional and personnel resources that are expected to be necessary to, and will be committed to, maintain and manage the woodland area.
(d) 
Applicants are strongly encouraged to seek woodland management assistance through the Pennsylvania "Forest Stewardship Program" administered by the Pennsylvania Bureau of Forestry.
(10) 
Installation of woodland and hedgerow replacement plantings shall be guaranteed along with all other site improvements in accordance with §§ 162-61, 162-63, and 162-64 of this chapter. The costs of planting material and installation shall be considered in determining the amount of any performance guarantee required. At the Township's discretion, the applicant may be required to escrow sufficient additional funds for the maintenance and/or replacement of the proposed or existing vegetation in accordance with this section. In addition, an escrow may be required for the removal and replacement of woodlands, specimen trees, or hedgerows damaged during construction. These escrows shall be in addition to any financial security posted for dedication of other required improvements. At its sole discretion, the Township may remedy failure to complete installation or to maintain required woodland and hedgerow replacement plantings in accordance with the provisions of this chapter.
(11) 
Required replacement plantings shall be in addition to and consistent with any required landscape plan, street trees, or any other landscape material, improvements, or related requirements stipulated by applicable provisions of this chapter or of Chapter 200, Zoning.
(12) 
In lieu of actual tree replacement, the Township may, at its sole discretion, require the applicant to place the equivalent cash value, as agreed upon by the Township and the applicant, of some or all of the required replacement trees into a special fund established for that purpose. Such funds shall be utilized for the purchase and installation of trees elsewhere in the Township at the discretion of the Township, especially if the site in question cannot accommodate the replacement trees required pursuant to this chapter.
C. 
Wetlands and watercourses. The purpose of this section is to promote protection of the Township's wetlands and watercourses through the establishment of specific limitations to land development activities and management planning provisions.
(1) 
No wetlands or watercourses shall be regraded, filled, piped, diverted, channeled, built upon, or otherwise altered or disturbed except where all applicable state or federal permits have been obtained.
(2) 
In addition to applicable permit requirements, the applicant shall consider the following standards relative to on-site wetlands or watercourses:
(a) 
The presence or absence of wetlands or watercourses shall be determined, and, if applicable, the boundaries delineated, by a qualified wetland biologist, soil scientist, or environmental professional of demonstrated qualifications.
(b) 
Such professional shall submit a complete wetlands and watercourses report to the Township; such report shall be subject to the approval of the Township Engineer or other qualified Township consultant.
(c) 
The wetlands and watercourses report shall certify that the methods used to establish the presence and delineate the boundaries of wetlands and watercourses correctly reflect currently accepted technical concepts, including identification and analysis of wetlands vegetation, hydric soils, and hydrologic indicators.
(d) 
The wetlands and watercourses report shall include: the determination of whether wetlands or watercourses are present on the site; a plan showing surveyed location of any boundaries of wetlands or watercourses; area measurement of wetlands; lineal extent of watercourses; and, narrative description of the functions and values of the wetlands or watercourses.
(3) 
Where a permit for fill, regrading, or other activity in or near wetlands or watercourses is not required pursuant to state or federal regulation, the applicant shall provide evidence that the appropriate state or federal agencies were contacted and concur with the fact that a permit is not required.
(4) 
All applicants shall specify the long-term management provisions that will be established for any wetlands or watercourse area, developed to minimize future land disturbance to the wetlands or watercourse area and improve the area's ecological functions and values as needed. Such management provisions shall be indicated in narrative and/or graphic form of sufficient detail to satisfy the Township that the following issues are adequately addressed:
(a) 
The manner in which the wetlands or watercourse area will be owned and by whom it will be managed, maintained, and improved (the latter as necessary).
(b) 
The conservation and/or land management techniques and practices that will be used to conserve and protect such areas, as applicable.
(c) 
The professional and personnel resources that are expected to be necessary to, and will be committed to, maintain and manage the wetlands or watercourse area.
D. 
Riparian buffer areas. The purpose of this section is to promote protection of the Township's riparian buffer areas through the establishment of specific limitations to land development activities and management planning provisions.
(1) 
No structures shall be placed within any riparian buffer area, and no land disturbance shall be permitted within any riparian buffer area except for any of the following:
(a) 
Timber harvesting in accordance with a woodland management plan prepared by a professional forester and approved by the Township. Applicants are strongly encouraged to seek woodland management assistance through the Pennsylvania "Forest Stewardship Program" administered by the Pennsylvania Bureau of Forestry.
(b) 
Vegetation management in accordance with: an approved landscape plan; an approved open space management plan approved pursuant to Chapter 200, Zoning (§ 200-69); or Subsection D(2) of this section.
(c) 
Customary agricultural practices in accordance with a soil conservation plan approved by the Chester County Conservation District.
(d) 
Regulated activities permitted by applicable state or federal regulations, and, as applicable, in accordance with Subsection C of this section.
(2) 
Vegetation management, or other plant-related disturbance, is not allowed within riparian buffer areas except for the following:
(a) 
Regulated activities permitted by state or federal regulation.
(b) 
Unpaved trail access, as stipulated in the Township's Open Space, Recreation, and Environmental Resources Plan (as amended), the Township's Comprehensive Plan (as amended) or Trail Feasibility/Master Plan documents (as amended); an open space management plan approved pursuant to Chapter 200, Zoning; or as approved by the Township.
(c) 
Selective removal of hazardous or invasive alien vegetative species.
(3) 
All applicants shall specify, in narrative and/or graphic form of sufficient detail to satisfy the Township, the long-term management provisions that will be established for any riparian buffer area, developed to minimize future land disturbance to the riparian buffer area and to improve the area's ecological functions and values as needed. Specific considerations include:
(a) 
The manner in which the riparian buffer area will be owned and by whom it will be managed, maintained, and improved (the latter as necessary).
(b) 
The conservation and/or land management techniques and practices that will be used to conserve and protect such areas, as applicable.
(c) 
The professional and personnel resources that are expected to be necessary to, and will be committed to, maintain and manage the riparian buffer area.
E. 
Prohibitive and precautionary slopes (i.e., steep slopes). All uses, activities, or improvements subject to this chapter that affect or are in the vicinity of prohibitive or precautionary slopes as defined by Chapter 200, Zoning, shall be subject to the requirements of § 200-107 of Chapter 200, Zoning.
F. 
Trails.
(1) 
When a subdivision or land development proposal is traversed by or abuts an existing trail customarily used by pedestrians and/or equestrians, the applicant shall make provisions for the continued recreational use of the trail. Where trails do not exist, but are planned on property proposed for subdivision or land development in accordance with applicable Township criteria such as the Open Space, Recreation, and Environmental Resources Plan (as amended), the Comprehensive Plan (as amended) or Trail Feasibility/Master Plan documents (as amended), applicants shall make every effort to plan for and construct such planned trails.
(2) 
The applicant may alter the course of the trail within the tract for which development is proposed under the following conditions:
(a) 
The points at which the trail enters and exits the tract remain unchanged.
(b) 
The proposed alteration exhibits quality trail design according to generally accepted principals of landscape architecture. The Township recommends the Department of Environmental Protection publication, Nonmotorized Trails, prepared by the Pennsylvania Trails Program of the Bureau of State Parks, as a guide for the development of high-quality trails.
(c) 
The proposed alteration may parallel at a safe distance from, but may not be within the same paved area as, a road used, or intended for use, by motorized vehicles.
(3) 
The location, surface, use, and maintenance of new trails shall be consistent with applicable Township documents such as the Open Space, Recreation, and Environmental Resources Plan (as amended), Comprehensive Plan (as amended), or Trail Feasibility/Master Plan documents (as amended).
(4) 
An applicant may propose and develop a new trail, if said trail is: available for use by the general public; meets Subsection F(3) above; connects with an existing trail; and is consistent with applicable Township criteria such as the Open Space, Recreation, and Environmental Resources Plan (as amended), the Comprehensive Plan (as amended), or Trail Feasibility/Master Plan documents (as amended); the easement for said trail may be credited toward the open space requirement established in § 162-54, subject to approval by the Board of Supervisors. Said trail shall be located in an easement or right-of-way with a minimum width of 20 feet. The trail easement or right-of-way width may be decreased at the discretion of the Board of Supervisors.
(5) 
New trails and improvements to existing trails shall demonstrate adherence to: Subsections F(3) and (4) above, as applicable; principles of quality trail design, enhancing the enjoyment of the rural qualities of the Township; and the following design parameters. The Township also recommends the Department of Environmental Protection publication, Nonmotorized Trails, prepared by the Pennsylvania Trails Program of the Bureau of State Parks as a guide for the development of high-quality trails.
(a) 
Trails shall have a vertical clearance of no less than 10 feet.
(b) 
Width and type of trail surface may vary depending upon type of use to be accommodated, but in no case shall be less than four feet nor any greater than 10 feet. Determination of appropriate trail surface and width is subject to Board of Supervisors approval, consistent with all other applicable provisions of this section.
(6) 
No trail shall be designed with the intent to accommodate motorized vehicles. Further, trails along roadways may parallel said roadway, but shall be located at a safe distance from, and not within the same paved area as, the roadway.
(7) 
Public trails or trails intended for public use and their easements, as applicable, shall be dedicated to the Township in order to assure continuing maintenance of the trail and trail easement.
(8) 
Provision for the ongoing maintenance of private trails shall be established at the time of subdivision approval.
G. 
Historic features. Historic features and other related points of interest shall be preserved and maintained in accordance with the following criteria. Further, historic feature preservation may be credited toward the applicable open space and density bonus requirements of Chapter 200, Zoning, if the following criteria are met:
(1) 
The historic feature being preserved shall be listed upon a Township, county, state, and/or national roster or inventory of historic features, monuments, or places of historic or general interest; included in the document entitled "Historic Resources Inventory: Upper Uwchlan Township, Chester County, Pennsylvania (Wise Preservation Planning, 2001)"; or the applicant shall by some other means demonstrate to the satisfaction of the Board of Supervisors that the said historic feature is of sufficient public interest to warrant preservation. Historic features may include, but shall not necessarily be limited to, historically, culturally, or architecturally significant buildings, monuments, or sites or potential archeological sites as determined by the Pennsylvania Historical and Museum Commission; unique or historic landscape elements, such as historic gardens or Penn oaks; archaeological sites; or any other historic feature which shall be deemed by the Board of Supervisors to be of historic or cultural value to the Township.
(2) 
The applicant shall consider all available adaptive reuse options as permitted by Chapter 200, Zoning, and that may keep the historic resource viable, as well as tax and other incentives available to preserve the historic resource.
(3) 
The historic feature shall be situated upon a tract of land of sufficient size, with sufficient separation distance between the historic and proposed structures, to preserve the historic landscape, although not necessarily the exact condition, or the environs of the said historic feature prior to construction of the proposed development. The amount of credit toward open space requirements shall be equivalent to the size of this tract.
(4) 
The historic feature shall not be moved unless it is not possible to preserve it in place. Professional building movers experienced in moving historic resources shall undertake any move. Professional archeologists shall undertake the extraction of artifacts. The historic feature shall be documented by a professional archeologist prior to moving or extraction. Preferably, the new location shall be within the same general historic landscape area as the historic feature's original location.
(5) 
As determined appropriate by the Board of Supervisors, the applicant shall be required to provide interpretive signage explaining the significance of the historic feature.
(6) 
The applicant shall donate an easement on the historic feature, including the general historic landscape, to a qualified conservation organization or to Upper Uwchlan Township.
(7) 
The historic feature and the tract upon which it is located shall be maintained by the owner of the tract, a community association, a public agency, or a private conservation group which shall be responsible for the maintenance of the historic feature and its grounds.
(8) 
The applicant shall be responsible for improvements to the site deemed necessary by the Board of Supervisors to protect public safety.
(9) 
Upon receipt of final development approvals, the applicant shall contribute all applicable data to the Township which shall support any Township-specified system of recording historic features which have been credited to open space requirements, the amount of land per historic feature so credited, or any other appropriate and related data category.

§ 162-56 Parking.

[Amended 6-17-2002 by Ord. No. 02-04]
Any activity or use subject to this chapter shall comply with the provisions of § 200-73 of Chapter 200, Zoning.

§ 162-57 Landscape design, installation and maintenance standards.

[Added 6-17-2002 by Ord. No. 02-04]
A. 
Applicability. Landscaping conforming to the provisions of this section shall be provided in any of the following situations:
(1) 
Required screening.
(a) 
Where any use or activity is subject to the screening requirements of § 200-77 of Chapter 200, Zoning;
(b) 
Any situation where screening is imposed by the Zoning Hearing Board or otherwise by the Township as a condition of any approval or permit. In consideration of any approval or permit, the Township may require screening or buffering for the purpose of providing privacy for dwellings, separating incompatible land uses, shielding unattractive structures from view, noise abatement or reduction in light or glare.
(2) 
Perimeter buffer requirement. The entire perimeter of any tract subject to subdivision or land development approval, or any tract occupied by a use subject to the provisions of § 200-78 of Chapter 200, Zoning, shall be provided with a minimum twenty-foot wide-buffer planting strip which will act as an effective separation between uses. The perimeter buffer strip shall be designed, installed, and maintained in compliance with the requirements of this section.
(3) 
General landscaping requirement. On any tract subject to subdivision or land development approval, or any lot or tract occupied by a use subject to the provisions of § 200-78 of Chapter 200, Zoning, any part or portion of such lot or tract which is not occupied by buildings nor used for loading and parking spaces and aisles, sidewalks and designated storage areas shall be landscaped according to an overall landscape plan, prepared and approved as provided in this section or shall be left in its natural state.
(4) 
Parking lot landscaping requirement. On any tract subject to subdivision or land development approval, or any lot or tract occupied by a use subject to the provisions of § 200-78 of Chapter 200, Zoning, all parking lots or areas shall be landscaped subject to the provisions of Subsection C(7) below.
B. 
Landscape plan.
(1) 
All required landscaping and screening shall be installed and maintained in accordance with a landscape plan prepared by a qualified landscape architect and approved by the Township. The landscape plan shall depict all proposed plantings required to complement, screen or accentuate building, roads, parking areas, sidewalks, walkways, sitting areas, service or maintenance structures, courtyards, entry road treatments, and other site features and/or structures. Plant sizes, spacing and types shall be in accordance with this section, especially Subsection C, Landscape design standards.
(2) 
All required landscape plans shall be submitted at the time when all other required applications and/or plans are submitted (e.g., sketch, preliminary, or final land development plan submission, conditional use approval application, change in use, etc.). Plans shall be based on and reflect the following objectives:
(a) 
A design which is responsive to the functional and aesthetic characteristics of the tract or lot, and existing and proposed principal and accessory buildings and other structures.
(b) 
A design which respects/incorporates existing topography, landscape, and other natural features such as hedgerows and woodlands.
(c) 
A design which demonstrates an effective proposal for screening the proposed use or activity from the adjoining properties.
(d) 
A design which creates visual interest for the users and/or residents of the proposed project, and enhances views.
(e) 
A design which promotes effective management of stormwater to minimize soil erosion and sedimentation and creates opportunities for infiltration to the groundwater system.
(f) 
The use of plant material which is acclimated to local conditions; located and spaced to achieve required screening, compatible groupings and other effective purposes; and not injurious of persons or pedestrians and vehicular circulation.
(3) 
Submitted landscape plans shall include notes, diagrams, sketches or other depictions appropriate to demonstrate consideration and analysis of the following:
(a) 
Consistency with the objectives stated in Subsection B(2), above, as well as the design standards of Subsection C below.
(b) 
Analysis of the site in terms of existing site conditions, including topography and vegetation, and existing views to and from the areas which are proposed for development.
(c) 
Analysis of any need(s) for screening related to the proposed development or use.
(d) 
Consideration of the use of introduced landscaping to provide visual interest, define outdoor spaces, complement architectural features, blend into surrounding landscapes and/or other aesthetic purposes.
C. 
Landscape design standards. All required landscaping shall be designed, installed and maintained in accordance with the standards herein, including specific standards for screening, street trees, perimeter buffer and parking area landscaping, as applicable.
(1) 
Total plantings required. The minimum number of plantings required shall be determined in accordance with Subsection D below. Required plantings may be utilized anywhere on the subject site for purposes of compliance with general landscape standards as well as specific standards for screening, perimeter buffer and parking area landscaping, as applicable. Additional plantings may be provided to further the purposes of this section. Plantings provided in excess of the minimum required need not comply with the dimensional standards herein. Existing trees and shrubs to be retained and protected may be credited towards the minimum planting standards, subject to review and approval of the Township. Where existing trees have been identified for credit, the Township may require the applicant to commit to a tree replacement program for nonsurviving plants.
(2) 
Mitigation of development impacts. Consistent with the terms of this section and especially with the results of the screening analysis conducted in accordance with Subsection B(3)(c), applicant shall plant trees and shrubs and make other landscape improvements (e.g., berms, fencing) as necessary to mitigate any adverse impacts of the proposed action or project, including visual impacts on the subject property, adjoining properties, and the Township in general, and otherwise address landscape issues identified through the required landscape planning process.
(3) 
General landscape design.
(a) 
Plantings and other landscape improvements shall be provided in arrangements and locations to have an overall benefit to the landscape and in response to specific site conditions. Additional considerations shall include feasibility of using native species, proximity to existing dwellings, compatibility of adjacent uses and landscaping, nature of views into and across the subject site, and in consideration of privacy of neighboring residential development.
(b) 
Use of linear measurements for purposes of calculation is not intended to specify linear arrangement of plantings. Groupings of plantings are encouraged in lieu of linear arrangement, consistent with the provisions of this section.
(c) 
In selecting the location and mix of required plantings, consideration shall be given to the natural landscape characteristics of the setting, the environmental conditions to be created following site disturbance, and the texture, coloration and compatibility of different plant species. It is strongly encouraged that improved landscapes be designed in such a manner as to be creative and attractive while maintaining the integrity of the natural landscape within which such work is proposed.
(d) 
The locations, dimensions, and spacing of required plantings shall be adequate for their proper growth and maintenance, taking into account the sizes of such plantings at maturity and their present and future environmental requirements, such as moisture and sunlight. In selecting locations for shade trees, consideration also shall be given to aesthetic qualities of the site and to the protection of solar access.
(e) 
Plantings shall be limited or carefully selected for locations where they may be disturbed or contribute to conditions hazardous to public safety. Examples of such locations include but shall not be limited to: the edges of parking areas; public street rights-of-way; underground and aboveground utilities; and sight triangle areas required for unobstructed views at street intersections. No trees shall be planted closer than 15 feet from fire hydrants, streetlights, or stop signs.
(4) 
Perimeter buffer.
(a) 
Except where screening is required, the perimeter buffer need not be planted entirely with trees and shrubs, but is intended to blend into the surrounding landscape.
(b) 
The Township may reduce or eliminate the perimeter buffer requirement where any tract abuts similar uses such that the Board agrees that buffering is not necessary or where the applicant can demonstrate to the satisfaction of the Board that existing vegetation, structural and/or topographic conditions will, on a year-round basis, buffer the subject development or use from view from adjacent tracts.
(c) 
Except for post-and-rail or board fences less than four feet in height and stone landscape walls, no fences or walls shall be located within any required perimeter buffer along any public street or road. Fences and walls provided for security or access control purposes, and constructed of chain link or any solid material and/or exceeding four feet in height, may be located behind the perimeter buffer and shall be screened from view in accordance with the provisions of this section.
(d) 
The perimeter buffer strip may include or coincide with areas where screening is otherwise required and may be included in private yard space, common open space, or a combination thereof; the perimeter buffer strip may also be part of any required setback areas as well as be part of any established usable lot area.
(5) 
Screening. Where specific requirement(s) for visual screening have been identified, the following design standards shall be employed. See Appendix I for the minimum screening standards sample calculation.[1]
(a) 
Vegetative screening shall include a variety of evergreen species so as to provide a year-round visual barrier. Evergreen plantings shall be provided that are at least seven to eight feet in height, planted at intervals no less than 10 feet on center. Where the Township agrees that an eventual screen (in three to five years) is acceptable in lieu of an immediate screen (to buffer future development, for example), evergreen plantings shall be at least four to five feet in height, substituted at a ratio of three to one and planted at intervals of five feet on center. See Appendix I for the minimum screening sample calculation.[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
(b) 
Screening shall incorporate earthen mounds or berms where appropriate to improve sound as well as visual buffering. Where earthen berms are used, they should be designed to be low-profile, and supplemented with plantings so that an effective visual barrier of at least eight feet in height measured from the crown of the adjoining public street is created in appropriate locations, particularly where used to screen outdoor storage, truck or heavy equipment parking, storage and loading areas or trash dumpsters from public view. If berms are used as a landscape or screening feature, plantings are to be installed on both sides of the berm, not solely at the ridgeline or top of the berm, and shall be subject to the review and approval of the Township. Side slopes shall not exceed a 4:1 ratio, and berms shall be designed to blend with adjoining property topographic conditions or similarly landscaped buffer rather than end abruptly at the property line.
(c) 
Other than street trees, no trees shall be placed with their center less than five feet from any property line, and no shrubs with their center less than two feet from any property line.
(d) 
Screening shall be designed so as not to obstruct sight distances at intersections.
(e) 
Vegetative screening shall be continuously maintained for the duration of operation of the use for which screening is required. During such period, any plant material which does not survive shall be replaced prior to the start of the next growing season.
[1]
Editor's Note: Appendix I is included at the end of this chapter.
(6) 
Street trees. Any subdivision or land development shall provide street trees along the entire length of any public street. Street trees of varying species shall not be planted so close to the cartway edge that they become a maintenance problem, but close enough to the cartway edge to provide shade. The arrangements and locations of all street trees should be shown on the landscape plan and are subject to review and approval by the Township. The arrangements and locations of tree plantings shall respond to specific site conditions and development design objectives and shall comply with the following:
(a) 
Selected street tree species shall be hardy indigenous varieties with minimal maintenance requirements, and shall be selected such that, at maturity, they shall provide adequate summer shade along the public road. The Township may consider approval of nonindigenous species on a case-by-case basis. Selected street tree species shall be of the nongrafted type. Refer to Subsection H for a suggested species list.
(b) 
The spacing between street trees shall be no greater than 50 feet.
(c) 
At the time of planting, street trees shall be at least 14 to 16 feet in height and three- to three-and-one-half-inch caliper in size.
(7) 
Parking lot landscaping. All off-street parking areas, except those intended solely for use by individual single-family residences, shall be landscaped with trees and shrubs of varying species, in accordance with the following:
(a) 
Off-street parking areas shall be landscaped to reduce wind and air turbulence, heat and noise, and the glare of automobile lights; to reduce the level of carbon dioxide; to provide shade; to ameliorate stormwater drainage problems; to replenish the groundwater table using bioretention islands; to provide for a more attractive setting; to protect the character and stability of residential, business, institutional, and industrial areas; and to conserve the value of land and buildings on surrounding properties and neighborhoods.
(b) 
Any parking for five or more vehicles on a lot which abuts a residential district or a lot for residential purposes, whether single-family or multifamily, shall be screened from the adjacent property by an effective vegetative screen the entire length of said parking lot, in accordance with the requirements of this section.
(c) 
The interior of each parking area or lot shall have at least one shade tree for every five parking spaces. Such shade trees shall meet the standards provided for street trees in Subsection C(6) above.
(d) 
Planting areas shall be placed so as to facilitate snow removal and to provide for safe movement of traffic without interference of proper surface water drainage. Planting areas shall be bordered appropriately to prevent erosion or damage from automobiles. Bollards may be used to afford protection of trees from vehicular movement.
(e) 
Planting areas utilized for stormwater management/bioretention can count toward parking lot landscaping minimum requirements. Such planting area design and maintenance shall be clearly described in the applicant's stormwater management plan submitted as part of a subdivision or land development application.
(f) 
The landscaping and planting areas shall be reasonably dispersed throughout the parking lot, except where there are more than 20 spaces in which the following shall apply:
[1] 
Landscaped areas at least 10 feet wide shall be provided around the periphery of parking areas. Such areas shall, at a minimum, extend the full length and width of the parking areas, except for necessary access ways, to prevent the encroachment of moving vehicles into parking areas.
[2] 
Landscaped islands at least 15 feet wide shall be provided between each set of two parking bays, except as otherwise approved by the Township.
[3] 
Landscaped islands shall be provided at the end of each parking bay where such parking bay abuts or opens onto any street or accessway. Such landscaped islands shall be at least 15 feet in width and shall extend parallel to the parking spaces in each abutting parking area the length of one parking space. No more than 20 parking spaces shall occur between islands. Parking bays providing more than 20 spaces in a single bay shall be broken by a similar landscape island.
[4] 
Two feet of each parking stall adjacent to planting strips required in Subsection C(7)(f)[1] and [2] above shall be of a permeable surface (e.g., concrete paver blocks filled with stone) to allow water to percolate into the ground.
(g) 
Parking lots which do not conform to the criteria listed above shall be planted with the same ratio of trees to parking spaces as conventional parking lots but these may be planted in more varied configurations.
(h) 
All parking lots shall be designed to provide for safe, reasonable pedestrian access. Parking lots with more than 50 spaces shall include paved pedestrian walkways. Pedestrian walkways may be located along or through landscaped islands or other landscaped areas adjacent to the parking lot.
D. 
Minimum planting standards. All required landscaping shall meet the minimum planting standards, criteria for selection of plant material, and design standards of this section.
(1) 
The total number of plantings required shall be no less than the total calculated from all columns in the following table and shall be in addition to any required replacement plantings due to woodland disturbance. The total number of required plantings may be dispersed throughout the tract to meet the objectives of this section. Additional plantings may be provided. See Appendix II for the minimum planting standards sample calculation.[3]
Improvement/Conditions
Deciduous
Trees
Evergreen
Trees
Shrubs
Per 1,000 square feet gross building area, ground floor only (building "footprint"); residential subdivisions exempt
2
1
8
Per 2,000 square feet off-street parking or loading area, excluding driveways less than 18 feet wide; residential subdivisions exempt
1
1
4
Per 100 linear feet of new and existing public or private road frontage, measured on both sides where applicable
2
1
5
Per 100 linear feet of existing tract boundary, where not coincident with existing or proposed road frontage
1
2
8
[3]
Editor's Note: Appendix II is included at the end of this chapter.
(2) 
Where applicant can demonstrate to the satisfaction of the Township that existing vegetation, structural and/or topographic conditions located within 100 feet of existing tract boundaries or within 100 feet of the cartway of existing or new roadway segments will conceal, on a year-round basis, adjacent development from view from such tract boundary or roadway segments, the linear footage of such tract boundary or roadway segments may be excluded from calculation of required plantings as above.
(3) 
Where calculation of the minimum number of plantings required as above results in fractions of plants required, the minimum number of plants required shall be rounded up to the nearest whole number.
(4) 
Plantings.
(a) 
Plantings used to comply with the minimum number of plantings required as above shall be:
[1] 
Deciduous trees: three- to three-and-one-half-inch caliper, minimum.
[2] 
Evergreen trees: seven to eight feet in height, minimum
[3] 
Shrubs: 24 to 30 inches in height, minimum.
(b) 
Plantings and their measurement shall conform to the standards of the publications "American or U.S.A. Standard for Nursery Stock," American National Standards Institute (ANSI) or U.S.A.S. Z60.1 of the American Association of Nurserymen, as amended. All plant material used on the site shall have been grown within the same U.S. Department of Agriculture (USDA) hardiness zone as the site, shall be free of disease, and shall be nursery grown, unless it is determined by the Township that the transplanting of trees partially fulfills the requirements of this section. At the discretion of the Township, plantings required as above may be waived or reduced if applicant can demonstrate to the satisfaction of the Township that retaining existing plant material or other means of landscaping substantially achieves the objectives of this section. The applicant shall note, on all appropriate submittals, the location, type, extent, and condition of the existing plant materials or other means of landscaping that would be the basis for the proposed waiver or reduction. Should the Township issue a waiver or reduction, the approved, existing plant materials or other means of landscaping shall be protected during construction from impacts such as, but not limited to, root compaction, debarking, and soil stripping. The Township shall conduct a postconstruction inspection, and reserves the right to require additional plantings if the existing plant material or other means of landscaping are damaged or did not survive construction.
E. 
Criteria for selection of plant material.
(1) 
Species selected by the applicant shall reflect careful evaluation of the required site analysis plan and in particular the following considerations:
(a) 
Existing and proposed site conditions and their suitability for the plant materials, based upon the site's geology, hydrology, soils, and microclimate.
(b) 
Specific functional and design objectives of the plantings, which may include but not necessarily be limited to provision for landscape buffer, visual screening, noise abatement, energy conservation, wildlife habitats, and aesthetic values.
(c) 
Maintenance considerations such as hardiness, resistance to insects and disease, longevity, availability, and drought and salt resistance.
(2) 
Use of native plants, because of their many benefits (such as ease of maintenance, longevity, wildlife habitat, etc.), is encouraged to meet the requirements of this section. A suggested plant list is included in Subsection H.
(3) 
Species for shade trees, including street trees, shall be selected with particular emphasis on hardiness, growing habit for pedestrian and vehicle passage, minimal need for maintenance, and compatibility with other features of the site and surrounding environs.
(4) 
For the purposes of promoting disease protection, minimum maintenance, diverse natural plant associations, and long-term stability of plantings, the applicant is encouraged to choose those combinations of species which may be expected to be found together under more-or-less natural conditions on sites comparable to those where the trees and shrubs are to be planted.
F. 
Conservation of existing vegetation and natural features. Consistent with § 162-55A of this chapter, all landscape plans shall be designed to conserve woodlands, hedgerows, watercourses, specimen trees, and riparian buffer areas, and to minimize woodland disturbance. Applicants shall make all reasonable efforts to harmonize their plans with the conservation of existing vegetation and natural features. Care shall be exercised to protect remaining vegetation from damage during construction, in accordance with the procedures set forth in § 162-55.
G. 
Site maintenance and guarantee.
(1) 
All landscape improvements, to be provided in accordance with this section, shall be installed and maintained by accepted practices as recognized by the American Association of Nurserymen. Planting and maintenance of vegetation shall include, as appropriate, but not necessarily be limited to, provisions for: surface mulch, guy-wires and stakes, irrigation, fertilization, insect and disease control, pruning, mulching, weeding, and watering.
(2) 
Applicant shall make arrangements acceptable to the Township that all landscaping incorporated into the landscape plan and proposed in accordance with this chapter shall be maintained in a healthy and/or sound condition, or otherwise be replaced once by equivalent improvements, for one complete growing season after the date of construction completion. After installation and prior to Township acceptance of the site improvements, representatives of the Township shall perform an inspection of the finished site for compliance with approved landscape plan(s).
(3) 
Installation of landscape improvements shall be guaranteed along with all other site improvements in accordance with §§ 162-61, 162-63, and 162-64 of this chapter. The costs of landscape material and installation shall be considered in determining the amount of any performance guarantee required. At the Township's discretion, the applicant may be required to escrow sufficient additional funds for the maintenance and/or replacement of the proposed or existing vegetation in accordance with Subsection G(2) above. In addition, an escrow may be required for the removal and replacement of specimen vegetation damaged during construction. These escrows shall be in addition to any financial security posted for dedication of other required improvements. At its sole discretion, the Township may remedy failure to complete installation or to maintain required landscape improvements in accordance with the provisions of this chapter.
H. 
Suggested plant list (not an exclusive list). Examples of species appropriate for use where screening is required are indicated with an asterisk (*). Street tree specifications, as referenced in Subsection C(6) of this section and § 200-78 of Chapter 200, Zoning, include, but are not limited to, the following species, noted by "ST":[4]
Common Name
Latin Name
Evergreen Trees:
Eastern redcedar*
Juniperus virginiana
Canadian Hemlock
Tsuga canadensis
Red (Eastern or Yellow) spruce*
Picea rubens
Norway spruce*
Picea abies
Eastern White Pine*
Pinus strobus
Common Name
Latin Name
Shade Trees:
Red maple, ST
Acer rubrum
Sugar maple, ST
Acer saccharum
White ash, ST
Fraxinus americana
Green ash, ST
Fraxinus pennsylvanica
Sycamore
Platanus occidentalis
White oak, ST
Quercus alba
Northern red oak, ST
Quercus rubra
Tulip poplar
Liriodendron tulipifera
Scarlet oak, ST
Quercus coccinea
Pin oak, ST
Quercus palustris
Shagbark hickory
Carya ovata
American basswood
Tilia americana
American beech
Fagus grandifolia
London plane tree
Platanus acerifolia
Common Name
Latin Name
Small Trees and Shrubs:
Rhododendron
Rhododendron sp.
Black cherry
Prunus serotina
Shadbush/Serviceberry*
Amelanchier canadensis
Redbud
Cercis canadensis
Flowering dogwood*
Cornus florida white
Winterberry
Ilex verticulata
Washington hawthorn*
Crataegus phaemopyrum
Highbush blueberry
Vaccinium corybosum
Sourwood
Oxydendrum arboreum
Ironwood
Ostrya virginiana
Arrowwood
Viburnum dentatum
Black Haw
Viburnum prunifolium
[4]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 162-58 Lighting.

[Added 6-17-2002 by Ord. No. 02-04]
A. 
Purposes.
(1) 
To require and set minimum standards for outdoor lighting to provide lighting in outdoor public places where public health, safety and welfare are potential concerns.
(2) 
To protect drivers and pedestrians from the glare of nonvehicular light sources that shine into their eyes and thereby impair safe traverse.
(3) 
To protect neighbors and the night sky from nuisance glare and stray light from poorly aimed, placed, applied, maintained or shielded light sources.
(4) 
To provide for outdoor lighting in a manner consistent with Township objectives to protect and retain desired character.
B. 
Applicability.
(1) 
Unless otherwise approved by the Township, outdoor lighting shall be required for all uses where necessary to provide for public safety and personal security during hours of darkness where there is public assembly and traverse, including but not limited to the following uses: multifamily residential, commercial, industrial, public-recreational and institutional.
(2) 
The glare-control requirements contained herein shall apply to lighting in all above-mentioned uses as well as, but not limited to, signs, architectural lighting, landscape lighting, and residential lighting.
C. 
Criteria.
(1) 
Illumination levels. Lighting, where required or permitted by this chapter, shall have intensities and uniformity ratios in accordance with the current recommended practices of the Illuminating Engineering Society of North America (IESNA) as contained in the IESNA Lighting Handbook, as amended from time to time, including but not limited to the following examples:
Use/Task
Maintained
Footcandles
Uniformity,
Average:
Minimum
Streets:
Local commercial
0.9 Avg.
6:1
Residential
0.4 Avg.
6:1
Parking: multifamily residential
Low vehicular/pedestrian activity
0.2 Min.
4:1
Medium vehicular/pedestrian activity
0.6 Min.
4:1
Parking: industrial/commercial/
institutional/municipal
High activity, e.g., regional shopping, fast food, major event venues
0.9 Min.
4:1
Medium activity, e.g., community shopping, office parks, hospitals, commuter lots, cultural/civic/recreational events
0.6 Min.
4:1
Low activity, e.g., neighborhood shopping, industrial employment, schools, churches
0.2 Min.
4:1
Sidewalks
0.5 Avg.
5:1
Building entrances: commercial/industrial/
institutional
5.0 Avg.
NA
Spectator sport safe pedestrian exit [Subsection G(1)(e)]
1.0 Min.
5:1
NOTES:
1)
Illumination levels are maintained horizontal footcandles on the task, e.g., pavement or area surface.
2)
Uniformity ratios dictate that average illuminance values shall not exceed minimum values by more than the product of the minimum value and the specified ratio; e.g., for commercial parking high activity, the average footcandles shall not be in excess of 3.6 (0.9 by 4).
(2) 
Lighting fixture design.
(a) 
Fixtures shall be of a type and design appropriate to the specific lighting application.
(b) 
For lighting horizontal tasks such as roadways, sidewalks, entrances and parking areas, fixtures shall meet IESNA "full-cutoff" criteria (no light output emitted above 90° at any lateral angle around the fixture).
(c) 
The use of floodlighting, spotlighting, wall-mounted fixtures, decorative globes and spheres and other fixtures not meeting IESNA "full-cutoff" criteria shall be permitted only with the approval of the Township, based upon applicability in retaining the desired character of the Township and achievement of acceptable glare control.
(d) 
Where requested by the Township, all fixtures shall be equipped with or be modified to incorporate light directing and/or shielding devices such as shields, visors, starts, or hoods to redirect offending light distribution and/or reduce direct or reflected glare.
(e) 
For residential applications, omnidirectional fixtures (e.g., post top, wall bracket, wallpack, globe and sphere) shall have a cumulative lamp output per fixture not to exceed 1,700 lumens.
(f) 
NEMA-head fixtures, a.k.a. "barn lights" or "dusk-to-dawn lights," shall not be permitted where they intrude into other uses, unless fitted with a reflector to render them full-cutoff.
(g) 
Theme lighting, as a supplement to regular site lighting, is encouraged in the Township villages and in new residential or commercial developments, subject to Township approval. Theme lights shall have good shielding and lamp-hiding qualities to be of low brightness, or lamped with the lowest possible wattage bulb so as not to produce distracting and potentially hazardous glare at night.
(3) 
Control of glare.
(a) 
All outdoor lighting, whether or not required by this chapter, on private, residential, commercial, industrial, recreational or institutional property 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. All outdoor lighting shall comply with Subsection C(3)(i) of this section.
(b) 
All outdoor lighting fixtures shall be shielded in such a manner that the edge of the shield shall be level with or below the light source, so that direct light emitted above the horizontal is eliminated. Modification of this standard may be permitted for Theme Lighting or for outdoor residential lighting fixtures not exceeding 1,000 lumens, measured at the source(s) of light, where the Township is satisfied that the objectives of Subsection C(3) are not otherwise compromised. Where applicable, approval of such modification shall be subject to the provisions of § 200-79B of Chapter 200, Zoning.
(c) 
Floodlights and spotlights shall be so installed or aimed that they do not project their output into the windows of neighboring residences, adjacent uses, skyward or onto a public roadway.
(d) 
Unless otherwise allowed or limited by the Township (e.g., for safety or security or all-night operations), lighting for commercial, industrial, public recreational and institutional applications shall be controlled by automatic switching devices (such as time clocks or combination motion detectors and photocells) to extinguish outdoor lighting fixtures between 11:00 p.m. and dawn in order to mitigate glare and sky-lighting consequences.
(e) 
Lighting proposed for use after 11:00 p.m., or after the normal hours of operation, for commercial, industrial, or institutional applications shall be reduced by 75% from then until dawn unless supporting a specific purpose and approved by the Township.
(f) 
All illumination for advertising signs, buildings and/or surrounding landscapes for decorative, advertising or aesthetic purposes between 11:00 p.m. and sunrise shall be by permit, except that such lighting situated on the premises of a commercial establishment may remain illuminated while the establishment is actually open for business, and until one hour after closing. All signs shall meet the standards of Article XVI of Chapter 200, Zoning.
(g) 
Light output for flagpole lighting may not cumulatively exceed 10,000 lumens, measured at the source(s) of light.
(h) 
Vegetative 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 full-cutoff fixtures, shields and baffles, and appropriate application of fixture mounting height, wattage, aiming angle and fixture placement.
(i) 
The intensity of illumination projected onto a residential use from another property shall not exceed 0.1 vertical footcandle, measured line-of-sight at the property line.
(j) 
Externally illuminated signs and billboards, where permitted, shall be lighted by fixtures mounted at the top of the sign and aimed downward. Such fixtures shall be automatically extinguished between the hours of 11:00 p.m. and dawn except as specifically approved by the Township to illuminate necessary directional information.
(k) 
Except as specifically approved by the Township, fixtures meeting IESNA "full-cutoff" criteria shall not be mounted in excess of 20 feet above finished grade, and fixtures not meeting IESNA "full-cutoff" criteria shall not be mounted in excess of 16 feet above grade.
(l) 
Directional fixtures for such applications as facade, fountain feature and landscape illumination shall be aimed so as not to project their output beyond the objects intended to be illuminated, and shall be extinguished between the hours of 11:00 p. m. and dawn unless allowed by the Township.
(m) 
Canopy lighting, e.g., for service stations, fuel dispensing facilities and bank drive-ups, shall be accomplished using flat-lens full-cutoff downlighting fixtures, shielded in such a manner that the edge of the fixture shield shall be level with or below the light source envelope.
(n) 
The use of white strobe lighting for tall structures such as smokestacks, chimneys and radio/communications/television towers is prohibited, except as otherwise required under Federal Aviation Administration regulations.
(4) 
Installation.
(a) 
For new and replacement installations, electrical feeds for fixtures mounted on poles shall be run underground, not overhead.
(b) 
Poles supporting lighting fixtures for the illumination of parking areas and located directly behind parking spaces shall be placed a minimum of five feet outside paved area, or on concrete pedestals at least 30 inches high above the pavement, or suitably protected from potential vehicular impact by other approved means.
(c) 
Lighting fixtures shall not be mounted in excess of 20 feet above the grade of the task being illuminated by that fixture. Artificial elevation of the grade at the base of the light fixture shall be prohibited.
(5) 
Maintenance. Lighting fixtures and ancillary equipment shall be maintained so as always to meet the performance requirements of this chapter, and be in acceptable aesthetic condition.
D. 
Plan submission.
(1) 
Lighting plans shall be submitted to the Township for review and approval with any preliminary and/or final subdivision land development plan submission and with any conditional use, special exception, or variance application where applicable, and shall include:
(a) 
A site plan showing: all structures, parking spaces, building entrances, traffic areas (both vehicular and pedestrian), and vegetation that might interfere with lighting; adjacent use(s) that might be adversely impacted by lighting, and a layout of all proposed fixtures by location and type. Included shall be not only area lighting but also architectural lighting, theme lighting, landscape lighting, building lighting, etc.
(b) 
Ten feet by 10 feet maintained illuminance grid (point-by-point) plot, taken out to 0.0 footcandles, which demonstrates compliance with the intensity, uniformity, and light-trespass requirements as set forth in this chapter. The maintenance (light-loss) factor used in calculating the illuminance levels shall be documented on the lighting plan.
(c) 
Description of the proposed equipment, including fixture catalog cuts, photometrics, glare reduction devices, lamps, on/off control devices, mounting heights, pole foundation details and mounting methods.
(2) 
The Building Code Officer may require submission of lighting plans for review and approval by the Township, as stipulated above, with any building permit application for other than single-family residential use.
(3) 
When requested by the Township, applicant shall also submit a visual impact plan that demonstrates appropriate steps have been taken to mitigate on-site and off-site glare, and retain the character the Township is attempting to achieve.
(4) 
The following note shall be placed on the lighting plan: "Postapproval alterations to lighting plans or intended substitutions for approved lighting equipment shall be submitted to the Township for review and approval prior to installation."
E. 
Postinstallation inspection. The following note shall be placed on any required lighting plan: "The Township reserves the right to conduct postinstallation nighttime inspections to verify compliance with the commitments made on the approved lighting plan, and, if appropriate, to require remedial action at no expense to the Township."
F. 
Residential development fixture placement. Where required by this chapter, street lighting fixtures shall be installed in residential developments and placed at the discretion of the Township.
(1) 
At the intersection of public roads with entrance roads to the proposed development.
(2) 
Intersections involving proposed public or nonpublic major-thoroughfare roads within the proposed development.
G. 
General standards for recreational lighting.
(1) 
The use of outdoor recreational facilities during hours of darkness is permitted or denied strictly at the discretion of the Township. Where the use of such facilities is specifically allowed by the Township, the lighting shall comply with the following requirements:
(a) 
No outdoor recreational lighting fixtures shall be mounted within 500 feet of any residence, except for the minimum lighting needed to promote safety. Fixture output shall not be directed toward any residence nor, to the extent possible, shall light-emitting fixture elements (lamps and reflectors) be visible from any residence.
(b) 
Lighting shall be accomplished only through the use of "full-cutoff" fixtures or as otherwise approved by the Township based upon acceptable glare and light trespass control.
(c) 
The light trespass requirements contained in Subsection C(3)(i) of this chapter shall apply.
(d) 
When requested by the Township, applicant shall submit a visual impact plan that demonstrates appropriate steps have been taken to mitigate on- and off-site glare and light trespass.
(e) 
Recreational users shall schedule events so that they end by 9:30 p.m. All lighting shall be extinguished by 9:30 p.m. except that lighting required to permit safe exit from the facility.
(f) 
Commercial, outdoor recreation uses (e.g., golf driving ranges, trap shooting facilities) shall be illuminated consistent with Subsection G(2) of this section; such illumination shall be extinguished by 9:30 p.m.
(2) 
Mounting heights. Mounting heights for outdoor recreational lighting shall be generally in accordance with league regulations. However, in all cases mounting heights shall not exceed the following maximums:
Sport
Maximum Mounting Height
(feet)
Basketball
20
Field sports
70
Miniature golf
20
Tennis
30
Track
20
H. 
Temporary lighting.
(1) 
Temporary lighting shall comply with the provisions of this chapter.
(2) 
Temporary lighting that does not comply with the provisions of this chapter shall be allowed by permit only.