Township of Forks, PA: Applicability; evaluation of plans.

§ 175-42 Design standards applicable to all development.

General requirements.

Land shall be suited to the purpose for which it is to be subdivided.

Land subject to hazardous conditions, such as open quarries, unconsolidated fill, sinkholes, floods, excessive erosion or water supply which does not meet adequacy requirements or United States Public Health Service standards, shall not be subdivided until the hazards have been eliminated or overcome by adequate safeguards provided by the developer and approved by the Board of Supervisors.

(3)

The approval of a plan for any proposed subdivision or land development shall not constitute a representation, guaranty or warranty of any kind by the Township, any official or any employee thereof of the practicability or safety of the use of such land or development and shall create no liability upon the Township, its officials or its employees.

Natural and historic feature preservation.

(1)

The Planning Commission and the Board of Supervisors may require that the design and development of subdivisions and land developments shall preserve, insofar as possible, natural, scenic and historic features, which will add attractiveness by providing parks and adequate open space for recreation, light and air by proper distribution of population, thereby creating conditions favorable to the health, safety and general welfare of the citizens and for the harmonious development of the Township. Some of these features are the natural terrain and natural drainage, large trees or groves, stone rows, tree rows, hedgerows, watercourses and waterfalls, historic areas and structures, scenic views and landmarks and other community assets.

(2)

Tree removal. All trees six inches or more in diameter (measured at a height four feet above original grade) shall not be removed unless they are located within the proposed cartway, sidewalk portion of the right-of-way or driveway, within the on-site sewage system, within 20 feet of the foundation area of the new building or unless they are diseased or are excessive in number and thinning will promote and enhance the healthy development of the remaining trees. Every tree removed will be replaced at a rate of three to one, each tree having a minimum four-inch-diameter caliper.

(3)

Bushkill Stream Conservancy Greenway Plan shall be considered using latest edition.

Soil protection.

(1)

A developer shall be required to submit an erosion and sedimentation control plan prepared by a person trained and experienced in erosion and sedimentation control methods and techniques as provided for under Title 25, Rules and Regulations, Chapter 102, issued by the Department of Environmental Protection (DEP).[1] Such plans shall be submitted to the Northampton County Soil Conservation District for review. A copy of the erosion and sedimentation control plan, as approved by the Northampton County Soil Conservation District, shall be submitted to the Planning Commission. The Northampton County Erosion and Sediment Control Handbook shall be used as a resource in soil protection planning and in the review of such plans.

[1]

Editor's Note: See 25 Pa. Code Ch. 102.

(2)

No topsoil shall be removed from the site or used as spoil without approval of the Township Supervisors. Topsoil must be removed from the areas of construction and stored separately. Upon completion of the construction, the topsoil must be uniformly redistributed on the site. All areas of the subdivision shall be stabilized by seeding or planting. Slopes steeper than 15% shall be further protected by mulching which shall be adequately secured.

(3)

The owner of the land shall be responsible for carrying out the requirements of the erosion and sedimentation control plan during earthmoving activities.

Flood-prone areas.

(1)

The developer shall locate and construct all buildings and structures to preclude flood damage in accordance with this chapter, Chapter 100, Floodplain Management, and any other applicable ordinances and laws. If the requirements of Chapter 100, Floodplain Management, are more stringent than those contained herein, those requirements of Chapter 100 shall control.

(2)

No subdivision or land development shall be approved if the proposed development, improvements or parts thereof will individually or collectively increase the one-hundred-year-flood elevation more than one foot at any point.

(3)

Building sites for structures.

(a)

Building sites for structures, regardless of whether for residential uses or nonresidential uses, shall not be permitted in any floodway area.

(b)

Building sites for structures may be permitted outside the floodway area if the structures are elevated 1 1/2 feet above the one-hundred-year-flood elevation. If fill is used to raise the elevation of a site, the fill area shall extend out laterally for a distance of at least 15 feet beyond the limits of the proposed structures. There shall be a fifty-foot setback from the one-hundred-year-flood boundary.

(c)

The Board of Supervisors may permit the subdivision and/or development of building sites for nonresidential structures outside the floodway area but at an elevation below 1 1/2 feet above the one-hundred-year-flood elevation, if the developer otherwise protects the area to that elevation or assures that the structures will be floodproofed at least up to that elevation.

(4)

Floodproofing elevation.

(a)

The finished elevation of proposed streets shall not be less than 1/2 foot above the one-hundred-year-flood elevation.

(b)

All sanitary sewer systems, water supply systems and utility systems, whether public or private, shall be floodproofed up to an elevation 1 1/2 feet above the one-hundred-year-flood elevation.

(5)

Final plan submission.

(a)

The final plan submission shall be accompanied by all required permits and related documentation from the DEP, any other commonwealth agency or any affected adjacent municipality.

(b)

Where any alteration or relocation of a stream or watercourse is proposed, documentation shall be submitted indicating that the Department of Community and Economic Development, the Department of Environmental Protection (DEP), the Federal Insurance Administrator and other federal, state and local agencies and all affected adjacent municipalities have been notified of the proposed alteration and relocation.

(6)

The Board of Supervisors may require the developer to impose appropriate deed restrictions on the land to carry out this section. Such deed restrictions shall appear on every deed and be noted on every recorded plan.

Location of site. The design of a proposed subdivision or land development shall be viewed with regard to the following:

(1)

Comprehensive Plan and conceptual map requirements. The subdivision or land development must conform to any applicable provisions of a Township Comprehensive Plan which is used as the basis for zoning or other related regulations. It must also conform to the Township conceptual road plan and conceptual recreation path plan as adopted by the Township Board of Supervisors.

(2)

Zoning. The use of land in the subdivision or land development must conform to any zoning ordinance adopted by the Township.

(3)

Nearby development. A subdivision or land development and its street pattern must be coordinated with existing nearby developments or neighborhoods so that the area as a whole may be developed harmoniously.

Water supply and sewage disposal requirements.

(1)

All subdivisions and land developments shall be served with an adequate water supply and sewage system (either on-lot or centralized systems) acceptable to the Pennsylvania Department of Environmental Protection (DEP).

(2)

All residential lots shall contain suitable area for primary and secondary on-lot sewage disposal system or be served by an approved central sewage disposal system.

(3)

An approved sewage permit is required for all lots, regardless of size, before approval of development.

Centralized water and sewer systems.

(1)

Centralized water system. All subdivisions and land developments shall be served with an adequate water supply, either on-lot, public or private centralized systems acceptable to the Pennsylvania Department of Environmental Protection. Subdividers and land developers shall provide connection to a centralized water system where such system is within 1/4 of a mile. Proposed centralized water systems shall meet the development procedures and requirements of Appendix C[2] of this chapter prior to approval of any final plan relying upon such system.

[2]

Editor's Note: Said appendix is included as an attachment to this chapter.

(2)

Centralized sewers.

(a)

All subdivisions and land developments shall be served with an adequate sewage system, either on-lot, public or private centralized systems acceptable to the Pennsylvania Department of Environmental Protection. When existing soils are unsatisfactory for on-lot sewage, then the developer shall provide a centralized sewage disposal system. Subdividers or land developers shall provide sewer connections to a centralized sewer system if such sewer system is within 1/4 of a mile and connection is feasible. Centralized sewer systems shall comply with Appendix B.[3]

[3]

Editor's Note: Said appendix is included as an attachment to this chapter.

(b)

If a county plan, regional plan, municipal plan or subdivision requirement indicates that construction of sanitary sewers will serve the site within approximately five years, then capped sewers shall be required. Centralized sewers are required for all residential lots and nonresidential developments where the Board of Supervisors determines, upon review of competent data and information, that on-site soil conditions are unsuitable for on-lot subsurface disposal systems.

(c)

Design standards, materials and specifications shall be as outlined in the current Pennsylvania Department of Environmental Protection Sewerage Manual, supplements thereto and all other requirements, either federal or state, necessary to secure the requisite permit from such agencies.

(3)

Plans and specifications for centralized water and/or sewage systems (i.e., extension of an existing or new proposed utility) shall be prepared by a registered professional engineer well-versed in the design of such systems and duly licensed to practice within the Commonwealth of Pennsylvania. A minimum of five complete sets of plans and specifications shall be submitted to the Planning Commission with the application for review of preliminary plans. No excavation permit shall be issued by the Township until the subdivider or developer secures the necessary construction permits.

(4)

All suppliers of nonmunicipality-owned water and/or sewer services shall be organized in such fashion as to fall within the jurisdiction of the Pennsylvania Public Utility Commission.

(5)

One copy of all correspondence, supporting documentation, applications for permits and certificates for operation submitted to the Department of Environmental Protection and Pennsylvania Public Utility Commission for the right to provide such services shall be forwarded to the Board of Supervisors as a part of the public record. One copy of the permit and certificate of conveyance issued by the DEP and the PUC authorizing such services shall be forwarded upon receipt to the Board of Supervisors as a part of the public record.

(6)

In the event that any such central water or central sewer system is transferred to the Township or a municipal authority, the Township or municipal authority shall not be obligated to accept such system by virtue of the provisions of this chapter.

On-lot water and sewer system.

(1)

Where it is not necessary to connect to a centralized water or sewer system, on-lot systems shall be constructed in accordance with criteria set forth by the Pennsylvania Department of Environmental Protection.

(2)

The Township Sewage Enforcement Officer's site and soils investigation and favorable report are required prior to unconditional preliminary plan approval.

(3)

An adequate number of test pits and soil percolation tests, as determined by the Sewage Enforcement Officer, shall be undertaken to determine the general suitability of soils throughout the subdivision or land development for on-lot subsurface sewage disposal.

(4)

Wells should be located no closer than 25 feet to any existing or future street right-of-way line.

(5)

Consideration shall be given to fire protection. Storage reservoirs and a supply system may be required by the Board of Supervisors.

Stormwater drainage. Stormwater management shall be done in accordance with Chapter 163, Stormwater Management.

Drainage easements. Drainage easements shall be provided as follows:

(1)

Drainage easements shall be provided adjacent to street rights-of-way, streams, side property lines and rear property lines as required by the Planning Commission or Board of Supervisors. No structures shall be located within these easements (i.e., no pools, fences, decks, sheds, etc.).

(2)

Drainage easements shall be a minimum width of: [Also see utility easement requirements in Subsection K(8).]

(a)

Ten feet adjacent to a street right-of-way plus the width of any required pipe or other necessary improvements;

(b)

Fifteen feet when following side and rear lot lines. Such easements shall, to the fullest extent possible, either immediately adjoin or be centered on such lot lines.

[Amended 1-21-2016 by Ord. No. 339]

Streets.

(1)

Access to proposed subdivisions and land developments. All proposed subdivisions and land developments shall have adequate access to the public highway system.

(2)

Streets and topography. Proposed streets shall be adjusted to the contour of the land so as to produce usable lots and streets of reasonable gradient.

(3)

Street continuations. Where appropriate, proposed streets shall be extended to the boundary line of the tract being subdivided so as to eventually provide for normal circulation of traffic within the vicinity. Wherever there exists a dedicated or platted portion of a street or alley along a boundary of the tract being subdivided or developed, the remainder of said street or alley to the prescribed width shall be platted within the proposed development where this would not adversely affect the proposed subdivision or land development. Where a subdivision or land development abuts or contains an existing street of inadequate right-of-way width, additional right-of-way width shall be required in conformance with Table 175-42, Design Standards for Streets and Sidewalks. [See Subsection K(7) below.]

(4)

Comprehensive Plan. The proposed development shall comply with the Township's Comprehensive Plan - Transportation Plan: Proposed Street Hierarchy, as adopted by resolution of the Board of Supervisors.

(5)

Intersections.

(a)

The center line shall intersect at right angles unless existing conditions dictate otherwise. In such case, the intersection shall be as nearly at right angles as possible. Intersections of more than two streets at one point shall be avoided. Where streets intersect other streets, offsets shall not be created. The minimum offset or distance between center lines of parallel, or approximately parallel, streets intersecting a cross street from opposite directions shall be 150 feet for local access streets, 400 feet for collector streets and 800 feet for arterial streets. (See Figures e and f.)

(b)

At intersections of streets, the property line shall be rounded by arcs with radii of not less than 25 feet. For streets other than local access streets, the property line shall be rounded by arcs with radii of not less than 30 feet. The Township may require a larger radius. (See Figures g and h.)

(6)

Arterial and collector street frontage. Where a subdivision or land development abuts or contains an existing or proposed arterial or collector street, the Board of Supervisors, upon review and recommendation of the Planning Commission, shall require marginal access streets, provide protection for abutting properties, reduce the number of intersections with the major street and separate local and through traffic. (See Figure k.) The required buffer strips may be provided by establishing an easement on lots or may be established separately and apart therefrom.

(7)

Street right-of-way and cartway widths. Minimum street right-of-way widths and minimum pavement widths shall be as shown in Table 175-42.

Table 175-42 Design Standards for Streets and Sidewalks (all dimensions in feet unless specified)
Design Specifications	Type of Street
	Arterial	Collector	Local
Right-of-way width	120	80	50
Cartway width	As per Township Construction Plan Standards
Cartway width with curbs on both sides and no parking	As per Township Construction Plan Standards
Cartway width with curbs and 1 side parking	As per Township Construction Plan Standards
Cartway width with curbs and 2 sides parking	As per Township Construction Plan Standards
Acceleration/deceleration lane width (1 side without curbs)	As per Township Construction Plan Standards
Minimum site distance	475	300	200
Minimum center-line radii for horizontal curves	400^a	200^a	150
Maximum grade	6%	8%	10%
Sidewalk width	5	4	4

	NOTES:
	^a	Larger radii may be required, to be determined by the Township Engineer and/or appropriate state agency.

(8)

Easements. Easements shall be provided adjacent to rights-of-way as indicated below. No structures shall be located within these easements (i.e., no pools, fences, decks, sheds, etc.).

(a)

Drainage easements shall be provided as indicated and required by the drainage plans.

(b)

Slope easements shall be provided as indicated by the required cuts and fills.

(c)

Utility easements of a minimum of 10 feet in width shall be provided for installation of underground conduits for electric power, gas, telephone and television cable lines so that each lot or unit can be practicably served.

(9)

Street alignment.

(a)

Whenever street lines are deflected, connection shall be made by horizontal curves.

(b)

Streets shall be so laid out to provide for at least the minimum unobstructed sight distances along the center lines thereof as specified in Table 175-42.[4] Horizontal sight distances shall be measured from a point 3.75 feet above the road surface to a point six inches above the road surface and be a minimum distance of 475 feet for arterial streets, 300 feet for collector streets and 200 feet for local streets.

[4]

Editor's Note: See § 175-42K(7), above.

(c)

Between reversed curves on arterial streets, a tangent of not less than 200 feet shall be provided. On collector and local streets, a tangent shall be not less than 100 feet.

(10)

Street grades.

(a)

Center-line grades shall not exceed the following grades:

	Type of Street	Grade
	Arterial	6%
	Collector	8%
	Local	10%

(b)

Vertical curves shall be used at changes of grade. The length of the vertical curve shall be determined by multiplying the algebraic difference in change of percent in grade by the following factors:

[1]

Arterial streets: 70 feet.

[2]

Collector streets: 50 feet.

[3]

Local streets: 30 feet.

(c)

The grade on any street at the approach to an intersection shall not be greater than 4% for a distance of 50 feet measured from the nearest right-of-way line of the intersecting street.

(d)

The maximum grade across the turnaround in a cul-de-sac shall not exceed 4%.

(e)

To provide for adequate drainage, the minimum grade of any street gutter shall be not less than 1%.

(11)

Clear sight triangle. At an intersection, triangular area shall be graded and sight obstruction shall be removed so that vision between a height of from two feet to 10 feet above the center-line grades of the intersecting streets is not obscured. Furthermore, by deed restriction, by lease restriction or by plan amendment, whichever method is applicable, vegetation shall not be planted or allowed to grow in such a manner as to obscure vision between a height of from two feet to 10 feet above the center-line grades of the intersecting streets. Such triangular area shall be determined by the intersecting street center lines and a diagonal connecting two points, one at each street center line (as shown in the figure below), each of which points is:

(a)

One hundred fifty feet from the intersection of such street center lines, if either street is an arterial street.

(b)

One hundred feet from the intersection of such street center lines, if either street is a collector street.

(c)

Seventy-five feet from the intersection of such street center lines, if both streets are local access streets.

(d)

Twenty-five-foot clear sight triangle shall apply to all driveways, bike path, etc.

(12)

Cul-de-sac streets. Cul-de-sac streets shall be subject to the following regulations:

(a)

To facilitate traffic flows and to promote increased firefighting and emergency vehicle safety and more efficient snowplowing, the Township discourages the use of cul-de-sac streets; however, the Township will permit the use of cul-de-sac when justified due to property shape and topography. The following shall serve as guidelines as to the number of cul-de-sac streets permitted in any single project:

	Number of Residential Units	Number of Cul-de-sac Streets
	1 to 150	1
	151 to 300	2
	Each additional 150	1 additional

(b)

Cul-de-sac streets, permanently designed as such, shall not exceed 400 feet in length (See the definition of "cul-de-sac," § 175-15,[5] for method of calculating length.) and shall furnish access to not more than 15 dwelling units.

[5]

Editor's Note: In said section, see Subsection E(1) of the definition of "street."

(c)

Cul-de-sac streets shall terminate in a circular right-of-way with a minimum radius of 50 feet and a one-hundred-foot diameter to the outer pavement edge or curbline or the outer edge of travel way.

(d)

The circular right-of-way of the cul-de-sac shall be connected to the approach right-of-way by a right-of-way arc having a radius of not less than 30 feet.

(e)

The circular paving of the cul-de-sac shall be connected to the approach paving by an easement arc having a radius of not less than 40 feet.

(f)

That portion of a cul-de-sac street before the bulb shall have a right-of-way width of 60 feet and a cartway width of 40 feet.

(g)

If a central water supply is available, each cul-de-sac street shall be serviced by two fire hydrants, one at the entrance to the cul-de-sac street and the second at the bulb of the cul-de-sac.

(h)

A twenty-foot-by-twenty-foot snow-removal easement with depressed curb shall be provided on all culs-de-sac.

(13)

Single-access streets. Single-access streets shall furnish access to not more than 25 dwelling units.

(a)

Single-access street to have a minimum cartway of 40 feet.

(14)

Agreement.

(a)

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

(b)

The developer shall post sufficient security to ensure that any private road is mud-free for a period of 18 months from the date of recording of the plan. The plan shall clearly indicate which roads are private roads and note that there is no responsibility of the Township for maintenance or snowplowing. The plan shall also indicate that no private road shall subsequently be offered for dedication to the Township unless the road complies with the Township road specifications in effect at the time the road is offered for dedication.

Sidewalks. Sidewalks shall be required on both sides of the street in all developments. Sidewalks will be required to safely move pedestrian traffic through the project site. All sidewalks shall have a minimum of four feet in width, with a five-foot grass strip between the back of the curb and the front of the sidewalk.

Recreation paths shall be required in all developments, and the proposed development shall comply with the Township's conceptual recreation path plan as adopted by resolution of the Board of Supervisors. Recreation paths on the side of or in the front of a property shall be of concrete (cement), minimum width shall be eight feet centered in a twenty-foot easement. It is preferable to have paths located in the rear of the property.

Driveways.

(1)

Access. Driveways shall not be permitted to have direct access to state highways unless authorized by the Pennsylvania Department of Transportation through issuance of a highway occupancy permit. Issuance of said permits shall be required prior to final plan approval. If applicable, the developer shall secure permits from the Township for any roadways, driveways or other utilities located within Township road rights-of-way.

(2)

Location. Future driveways which are to be constructed adjacent to a street intersection shall be indicated on the preliminary plan. The minimum distance between a driveway or point of access to a street shall be as follows:

	Distance Between Center Lines of Driveway and Center Line of Nearest Intersecting Road by Type of Intersecting Road
Type of Subdivision or Land Development	Arterial (feet)	Collector (feet)	Local (feet)
Residential	150	100	75
Nonresidential	300	200	150

(3)

Private driveways shall be provided for all residences and the construction shall be in accordance with the regulations of this section in order to provide safe access to Township and state roads, to eliminate problems of stormwater runoff and to assure sufficient area for and access to off-street parking. Driveways shall be a minimum of five feet from side property line.

(4)

All driveways shall contain a reasonably straight length of at least 40 feet measured from the cartway edge of the intersecting street and extending inside the lot. If the structure setback distance is closer to the edge of the road cartway than the herein-prescribed 40 feet, then that setback distance shall govern in lieu of 40 feet. The full length of this forty-foot segment shall be paved with a base of Pennsylvania 3A stone compacted to four inches and a minimum surface of 1 1/2 inches of ID-2A bituminous concrete wearing course.

(5)

Within the legal right-of-way of the intersecting street, or for a distance of at least 14 feet from the edge of the shoulder, whichever is greater, the driveway shall have a grade of 5% or less. The remainder of the first 40 feet of the driveway shall have a grade of 12% or less.

(6)

A minimum of one parking space within the street right-of-way, but off the paved cartway, shall be provided where the grade of the driveway at any point exceeds 8%. Such off-street parking space shall be a minimum of 10 feet by 20 feet and shall be on a grade not exceeding 8%.

(7)

Driveways to single-family residences shall intersect streets at angles of no less than 60°. All other driveways shall intersect streets at right angles, where practicable, and in no case less than 75°. (The angle of intersection is the acute angle made by the intersection of the center line of the driveway with the center line of the road.)

(8)

The width of a single-family dwelling driveway within the legal right-of-way of a street or when carried by a bridge shall be a minimum of 12 feet, and shall be a minimum of eight feet at all other points within the property line. Except where the Board determines that limitations of lot size or lot configuration make it unfeasible, or for townhouse developments, adequate turnaround surface shall be provided on the property so egress to the street is in a forward direction.

(9)

A common driveway shall be of sufficient width, in the opinion of the Township Engineer, to provide safe passage of two vehicles or shall have a sufficient number of pullover areas to provide safe passage of two vehicles. Stipulations for the repair and maintenance of a common driveway shall be those as prescribed for private streets in this chapter.

(10)

Driveway entrances into all nonresidential, single-use properties shall be no less than 20 feet in width, shall not exceed 35 feet in width at the street line unless provided with a median divider and shall be clearly defined by use of curbing. The curbs of these driveway entrances shall be rounded with a minimum radius of 10 feet where they intersect a street.

(11)

The edge of any driveway shall be at least 40 feet from the nearest end of the paving radius at a street intersection.

(12)

Clear sight triangles shall be provided at all driveway entrances and shall be shown on plans. Within such triangle, no object greater than 2 1/2 feet in height and no other object that would obscure the vision of the motorist shall be permitted. The legs of such triangles shall be measured pursuant to procedures employed by the Pennsylvania Department of Transportation. Greater leg lengths may be required if warranted by specific circumstances. Whenever a portion of the line of such triangle occurs within any proposed building setback line, such a portion shall be shown on the final plan of the subdivision or land development and shall be considered a building setback line.

(13)

Driveways shall be graded so that, wherever possible, surface drainage will be discharged to the owner's property; otherwise, adequately sized pipes, inlets and/or headwalls shall be installed and gutter improvements shall be made to direct surface drainage into the road drainage system and not onto the paving of the intersecting road.

Recreation lands or recreation fees in lieu thereof.

(1)

The developer shall set aside land for public dedication for recreation purposes. The location, topography and amount of land to be set aside shall be as determined by the Board of Supervisors, provided that the amount of land set aside shall not exceed 25% of the entire tract.

(2)

In lieu of setting aside land for recreation purposes as described in Subsection O(1), the developer may agree to pay a recreation fee subject to the following terms and conditions:

(a)

Calculation of fee.

[1]

In the case of a residential lot, the charge shall be pursuant to a per-dwelling-unit fee established by resolution of the Board of Supervisors.

[2]

In the case of a commercial or nonresidential development, the charge shall be pursuant to a charge per cubic foot of building volume as established by resolution of the Board of Supervisors. The total building volume shall be calculated by the Zoning Officer and shall be based upon outside dimensions of the building.

(b)

These recreation fees shall be paid prior to the recordation of the subdivision or land development plan. No subdivision or land development plan will be recorded unless the applicable recreation fee has been paid to the Township.

[Amended 12-21-2023 by Ord. No. 398]

(c)

All such recreation fees shall be deposited into a separate interest-bearing account controlled by the Board of Supervisors of the Township. Said recreation fees shall be used by the Township for the acquisition, development, operation or maintenance of public recreation grounds and facilities.

[Amended 12-21-2023 by Ord. No. 398]

(d)

The recreation fees described herein are to be used only for the purposes of providing park or recreation facilities accessible to the development.

Capital improvements fund fees.

(1)

All development within the Township imposes additional burdens upon the infrastructure of the Township, including but not limited to Township streets and roadways, fire-protection services, police facilities, sewer facilities and emergency services. To ensure that each new subdivision and land development bears its fair share of these additional facilities, a reasonable capital improvements fee shall be charged for every subdivision and land development in accordance with the following provisions.

(2)

Calculation of fee.

(a)

In the case of a residential lot, the charge shall be pursuant to a per-dwelling-unit fee established by resolution of the Board of Supervisors.

(b)

(3)

These capital improvements fees shall be paid at the time the lot owner applies for a building permit for the lot in question. No building permit shall be issued unless the capital improvements fee applicable to said lot or development has been paid to the Township.

(4)

All such capital improvements fees shall be deposited into a separate account controlled by the Board of Supervisors of the Township.

Carbonate geology area development. All buildings, structures, impervious surfaces and utilities shall be so situated, designed and constructed as to minimize the risk of structural damage from existing or future sinkholes and to the satisfaction of the Township Engineer and, if required by the Township Engineer, a professional hired under the direction of the Township Engineer and Board of Supervisors to be paid by the developer.

(1)

Buildings, structures, impervious surfaces and utilities shall not be located within 100 feet of the karst features identified pursuant to § 175-26L(10)(b), unless a recognized professional with competence in the field demonstrates that a minimal risk of structural damage due to sinkholes will exist, or mitigating measures are taken to minimize the risk of structural damage. These mitigating measures shall be designed by a recognized professional with competence in the field.

(2)

Stormwater management facilities, including but not limited to detention basins, shall not be located within 100 feet of the karst features identified pursuant to § 175-26L(10)(b), unless a recognized professional with competence in the field demonstrates that a minimal risk of damage due to sinkholes will exist, or mitigating measures are taken to minimize the risk of structural damage. These mitigating measures shall be designed by a recognized professional with competence in the field.

(3)

Stormwater shall not be redirected into a sinkhole.

§ 175-43 Residential design standards.

All subdivision and land developments proposed for residential use shall conform with the provisions of this section.

Blocks.

(1)

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

(2)

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

(3)

Storm sewer facilities shall be required in any development situation where the Board of Supervisors determines that surface and drainage structures are in adequate to prevent excessive erosion and road or lot maintenance problems.

Lots. The minimum lot sizes, lot widths and yard requirements shall be as set forth in Chapter 200, Zoning, and further shall conform to the following:

(1)

Residential subdivision or land development. Each lot or area plotted for residential use shall provide, inside of the required yards, a contiguous area for the location of each dwelling, containing not less than 5,000 square feet for each dwelling unit. Such area shall have an average slope not greater than 15% and shall be accessible from the existing or proposed street by means of a driveway or private access street having a maximum grade of 15%. (Also, the applicable requirements of § 175-42N shall control.) In the case of lots utilizing an on-site sewage disposal system, in addition to such area, there shall be sufficient area for the primary sewage disposal field and sufficient area for a secondary field in accordance with the Department of Environmental Protection's regulations.

(2)

All lots shall front on a public street constructed in accordance with the standards of this chapter or an approved private road.

(3)

The depth-to-width ratio of a lot shall ordinarily not be greater than 3 to 1.

(4)

Side lines of lots shall abut and be at right angles to straight streets and on radial lines to curved streets. At the discretion of the Planning Commission, some variation from this rule will be permitted, but pointed or very irregular lots shall be avoided. (See Figures m, n, o and p.)

(5)

Double frontage lots shall ordinarily not be platted except as specifically provided herein. In the event that such lots are platted as provided, the lot shall be increased 20 feet in depth to provide for a planting strip along the back of the lot. (See Figure q.)

(6)

If the remnants of land, other than rights-of-way or buffer strips, exist after subdividing, they shall be incorporated in existing or proposed lots.

(7)

Corner residential lots shall be wider than interior lots to permit setbacks from both streets to a distance as may be required by Chapter 200, Zoning.

(8)

Flag-shaped lots. Flag-shaped lots shall be allowed in minor subdivisions only and subject to the following current Subsection B8(a), (b) and (c).

(a)

There shall be a maximum of one flag lot per subdivision unless approved by the Board of Supervisors.

(b)

The maximum length of the driveway portion of a flag-shaped lot shall not exceed 500 feet as measured from the edge of the right-of-way of the public street. Said driveway portion (pole) shall have a minimum (property) width of 50 feet.

(c)

The minimum lot area requirements of Chapter 200, Zoning, shall be based upon the net area of a flag-shaped lot. The net area specifically excludes the area within the driveway portion (pole of flag-shaped lot).

(d)

The slope of the driveway portion shall not exceed 15%. If the slope exceeds 10%, detailed engineering design of the driveway profile shall be submitted and considered part of the subdivision plan.

(9)

All lots shall meet or exceed the following minimum lot frontage requirements:

(a)

Seventy percent of required lot width on streets with center-line radii of 150 feet to 600 feet.

(b)

Forty percent of required lot width on cul-de-sac streets or courts.

Off-street parking.

(1)

Every type of residential land development or subdivision shall provide the minimum number of off-street parking spaces required by Chapter 200, Zoning. Such off-street parking spaces may be in an individual garage, carport or driveway or in a common parking area outside the street right-of-way, convenient to the dwelling units to be served and shall be installed concurrently with the construction of the dwelling units.

(2)

For commercial or multifamily facilities, parking spaces for the physically handicapped shall meet current building code accessibility standards.

(3)

Finished surface slopes shall not exceed 4% in those areas designated for parking.

Drainage. Stormwater management and disposal facilities shall be designed and constructed as required in § 175-42I and Chapter 163, Stormwater Management.

§ 175-45 Commercial and industrial design standards.

Application. All commercial and industrial subdivisions and land developments shall conform with the schedule of required minimum improvements, and applicable requirements in Chapter 200, Zoning.

Size. Approval of lot or parcel size will be determined by the following factors:

(1)

Requirements of Chapter 200, Zoning.

(2)

The total area shall be sufficient to provide adequate space for off-street parking and loading, landscaping and other facilities.

(3)

Whenever possible, commercial parcels should include enough land to provide for a group of commercial establishments planned, developed and operated as a unit. In no case will narrow, highway ribbon developments be approved.

(4)

Lot frontages shall meet the requirements of § 175-43B(9).

Street system.

(1)

Traffic movements in and out of commercial and industrial areas shall not interfere with external traffic, nor shall it create hazards for adjacent residential areas.

(2)

The design of streets, service drives and pedestrianways shall provide for safe and hazard-free internal circulation.

Block layout. Block layout shall conform with due consideration of site conditions, with best possible service to customers, traffic and parking circulation and pickup and delivery services.

Nonresidential solar energy systems. H-16 nonresidential solar energy systems are allowed as an accessory use to a lawful nonresidential use in any zoning district, subject to the following design standards:

(1)

Nonresidential solar energy systems are permitted as a rooftop installation and also as a ground array. For rooftop installations, the following provisions shall apply:

(a)

The solar panels shall not exceed the height of the roofline on a pitched roof. On a flat roof, the solar panels shall be angled such that they are not more than three feet above the roofline, and the height of the solar panels shall not exceed the height requirement for the nonresidential district in which the nonresidential solar energy systems are located.

(b)

For any solar panel to be constructed on the rooftop of a new building or structure, the applicant must demonstrate that the solar panels are not visible from the ground level of any neighboring property within 1,000 feet of the nearest proposed rooftop solar panel.

(2)

For ground arrays, the following provisions shall apply:

(a)

Ground arrays shall not exceed a height of 15 feet above the ground.

(b)

Ground arrays are subject to the setback distances prescribed for any structure for the nonresidential zoning district in which the ground array is to be constructed.

(c)

All ground arrays shall be enclosed by fencing in order to provide for the security and safety of the solar energy system and the public.

(d)

The applicant must make reasonable provisions for emergency lighting for purposes of security and safety.

(3)

The following design requirements are applicable to both rooftop solar panel installations and ground arrays:

(a)

Any glare from a solar panel shall be directed away from an adjoining property.

(b)

The installation of a solar energy system shall conform, to the extent applicable, to the Pennsylvania Uniform Construction Code, as amended,[1] regulations, if any, adopted by the Pennsylvania Department of Labor and Industry, and to applicable industry standards, including those of the American National Standards Institute. Manufacturer's data and certifications of design compliance shall be submitted with the land development plan.

[1]

Editor's Note: See 35 P.S. § 7210.101 et seq.

(c)

Solar energy systems shall not be used for displaying any advertising except for reasonable identification of the manufacturer or operator of the system. In no case shall any identification be visible from a property line.

(d)

The design of solar energy systems shall, to the extent reasonably possible, use materials, colors, textures, screening and landscaping that will blend the facility into the natural setting and existing environment.

(e)

The applicant shall demonstrate that reasonable efforts have been taken to avoid any disruption, interference with, or loss of radio, telephone, television or similar signals and shall mitigate any such harm caused by the nonresidential solar energy system.

(4)

Decommissioning.

(a)

The facility owner and operator of a ground array nonresidential solar energy system shall, at its expense, complete decommissioning of the facility within six months after the facility is abandoned or at the end of its useful if no electricity is generated for a continuous period of 12 months.

(b)

Decommissioning shall include the removal of the ground array nonresidential solar energy system and any other associated facilities and the cleaning and restoration of the site.

(c)

If decommissioning has not been completed within said six-month period, then the Township shall give written notice to the landowner and/or facility owner and operator, to accomplish the decommissioning within 30 days.

(d)

If the decommissioning has not been completed within 30 days of said written notice by the Township, then the Township may accomplish said decommissioning and charge the landowner and/or facility owner and operator for all the costs and expenses, including reasonable attorney's fees for collection.