The following principles of subdivision and land development, general requirements and minimum standards of design shall be observed by the applicant in all instances.
A. 
All portions of a tract being subdivided shall be taken up in lots, streets, public lands or other proposed uses so that remnants and landlocked areas shall not be created.
B. 
When only a portion of a tract or single holding is the subject of a subdivision or land development application, a sketch plan shall be submitted at the time of preliminary plan submission demonstrating that the remainder of the tract may be subdivided or developed in conformance with applicable zoning and subdivision and land development regulations and in a logical and consistent manner.
C. 
Wherever possible, applicants shall preserve trees, groves, waterways, scenic points, historic spots and other community assets and landmarks.
D. 
Subdivisions and land developments should be laid out so as to avoid the necessity for excessive cut or fill, unless specifically warranted by terrain or location.
E. 
Floodplain and flood hazard areas shall not be developed for any uses which may involved danger to the health, safety, morals and general welfare of the residents of Birmingham Township.
F. 
Where no public water supply is available for the proposed subdivision or land development, the Supervisors shall require the subdivider, developer or builder to obtain from the District Sanitarian of the Pennsylvania Department of Environmental Protection, prior to final plan approval, certificates of approval as to the quality and adequacy of the water supply proposed to be utilized by the subdivider, developer or builder and approval of the type and construction methods to be employed in the installation of the individual water supply system, or in the alternative, the Supervisors may condition final plan approval on obtaining such certificates and approval.
G. 
Where the subdivision or land development is inaccessible to sanitary sewers, the Supervisors shall require the subdivider, developer or builder to obtain from the County Sanitarian of Chester County, prior to final plan approval, certificates of approval of the sewage disposal facilities to be provided by the subdivider, developer or builder, or in the alternative, the Supervisors may condition final plan approval on obtaining such certificates and approval.
H. 
Applicants shall observe the ultimate rights-of-way for contiguous existing streets. Additional portions of the corridors for such streets shall be irrevocably offered to the state, county or Township agency having jurisdiction at no public cost. At the time of approval of the subdivision or land development, such agency shall have the right to accept such offer at such time as it deems appropriate. Applicable building setback lines as specified by Chapter 122, Zoning, shall be delineated as measured from the ultimate right-of-way street line.
I. 
Proposed subdivision and land development shall be coordinated with existing nearby neighborhoods so that the community as a whole may develop harmoniously.
J. 
Improvement construction requirements will be completed under specifications of the Pennsylvania Department of Transportation, the Pennsylvania Department of Environmental Protection, the Chester County Soil and Water Conservation District or other appropriate agencies or the specifications included herein, whichever specifications shall be more stringent.
K. 
The subdivider, developer or builder shall construct and install at no expense to the Township, the streets, curbs, sidewalks, water mains, sanitary and storm sewers, streetlights, fire hydrants, street signs, shade trees, monuments and other facilities and utilities specified in this Article. Construction and installation of such facilities and utilities shall be subject to inspection by appropriate Township officials or agents during the progress of the work, and the subdivider, developer or builder shall pay for such inspection.
L. 
In all proposed subdivisions, the lots shall abut a proposed or existing public or private road of specified design to provide safe ingress and egress.
M. 
The standards of design in this Article should be used to judge the adequacy of subdivision proposals. Wherever, in the opinion of the Planning Commission, the literal application of these standards in certain cases would serve to create an undue hardship, be plainly unreasonable to the applicant or be contrary to the public health, safety, morals or welfare, the Township Planning Commission may recommend to the Supervisors such reasonable exceptions as will not be contrary to the public interest. The Supervisors may modify or adjust the standards to permit reasonable utilization of property while securing substantial conformance with the objectives of these regulations.
N. 
All proposed improvements and land uses shall be suited to the purposes for which the land is to be subdivided or developed and shall conform to Chapter 122, Zoning, and to the Township Comprehensive Plan. No subdivision or land development shall be designed in a manner which is topographically unsuitable or would increase danger to health, life or property or aggravate existing erosion or flood hazards.
O. 
The standards included in these regulations are minimum design requirements. The Supervisors reserve the right in any case to request that development features exceed these standards if conditions so warrant.
A. 
The length, width and shape of blocks shall be determined with due regard to:
(1) 
Provision of adequate sites for building of the type proposed.
(2) 
Topography.
(3) 
Requirements for safe and convenient vehicular and pedestrian circulation.
(4) 
Thoughtful and innovative design to create an attractive community.
B. 
Blocks shall have a maximum length of 1,600 feet and, as far as practicable, a minimum length of 500 feet. In design of blocks longer than 1,100 feet, special consideration should be given to access for fire protection.
C. 
Residential blocks shall be of sufficient depth to accommodate two tiers of lots, except where reverse frontage lots bordering an existing arterial, collector or rural road are used.
D. 
Blocks for nonresidential development may vary from the design standards herein specified if justified by the particular circumstances of the proposed use.
A. 
Lot areas, dimensions and yard requirements shall not be less than specified by applicable provisions of Chapter 122, Zoning.
B. 
Side lot lines shall be substantially at right angles or radial to street lines.
C. 
Except as authorized by § 103-28B(2) residential lots shall, in general, front on a street, existing or proposed. Interior lots without direct frontage on a street shall be served by a common access driveway in accordance with § 103-28B(2). Subdivisions having fewer than 14 lots shall be limited to two interior lots. For subdivisions having 14 or more lots, the number of interior lots shall not exceed 15% of the total number of lots in the subdivision. No more than two such interior lots shall be contiguous.
[Amended 3-7-1991 by Ord. No. 91-03; 3-2-1992 by Ord. No. 92-01]
D. 
House numbers and street names shall be assigned to each lot in accordance with the program of street names and lot numbers developed by the West Chester Regional Planning Commission, as determined by the appropriate postal authority.
[Amended 7-1-1999 by Ord. No. 99-04; 7-17-2000 by Ord. No. 00-12]
A. 
Purpose. The purpose of this section is to implement the Birmingham Township Comprehensive Plan's recreational provisions and the Open Space, Recreation and Environmental Resources Plan of 1994 (the "Recreation Plan") as specifically authorized by § 503(11) of the Pennsylvania Municipalities Planning Code,[1] including:
(1) 
Providing a variety and balance of parkland and trail facilities which can meet the varied recreational needs of the community, including a Township-wide trail network, substantially in accord with the Township's Trail Network Plan;
(2) 
Preserving open space and protecting the environmental, scenic, historical and cultural features of Birmingham Township;
(3) 
Developing a system of facilities which can provide for and maintain recreation services effectively and efficiently;
(4) 
Providing Township residents with convenient accessibility to recreation facilities; and
(5) 
Supporting community development and stability by providing recreation sites, open space and trail systems for pedestrian, bicycling and/or equestrian use.
[1]
Editor's Note: See § 10503 et seq.
B. 
Plan submission. In submitting subdivision and land development plans, the applicant shall consider whether community facilities, especially trails, parks, recreation and open space areas are adequate to meet the needs of the additional dwellings proposed by the subdivision. The Recreation Plan identifies existing and proposed standards for these facilities. The Board of Supervisors shall review and either approve or disapprove (as applicable) the applicant's analysis of the adequacy of community recreational facilities in accordance with the provisions of the Recreation Plan.
C. 
Land for parks and recreation.
(1) 
All subdivision and land development proposals shall be required to meet the provisions of this § 103-26 for providing suitable land for parks and recreation. These provisions require that new development proposals provide land to be dedicated to meet public park and recreation needs. All proposed public park and recreation facilities are to be designated in accordance with the provisions of the Recreation Plan and Trail Network Plan.
(2) 
The amount and composition of land to be provided shall meet the following standards:
(a) 
The amount of land to be dedicated shall be not less than 0.125 acres per proposed residential unit. The Board of Supervisors, applying the Recreation Standards in Appendix E of the Recreation Plan, may require additional land be dedicated.
(b) 
All land is to be offered for public dedication, but can remain as private property for use by the residents of the proposed project at the discretion of the Board of Supervisors.
(c) 
The location and use of land to be dedicated to meet the provisions of this § 103-26C shall be designated in accordance with the Recreation Plan and Trail Network Plan, and shall be subject to review and approval by the Board of Supervisors, in accordance with the standards set forth in § 103-26D hereinbelow.
(d) 
Where the land to be subdivided or developed is traversed by either the "main loop" trail or "connector trails" as depicted on the Trail Network Plan, the land to be dedicated shall include, as a "linear park" addition to the Township's trail network, a right-of-way (for which an easement shall be dedicated, rather than fee simple ownership thereof), with a minimum width of 15 feet. The exact location of the trail or linear park easement shall be subject to review and approval by the Township Planning Commission and Board of Supervisors, and shall be designed to enable the easement area to become an integral portion of the trail network; traverse areas of the site having topographical conditions suitable for pedestrian, bicycling and/or equestrian usage; minimize grading or other impacts on natural resources; and minimize intrusion on the privacy of the future residents of the subdivision or land development.
D. 
Recreational facility characteristics and design standards. In designating recreational facilities within the subdivision and land development plan, the following criteria and standards shall be adhered to by the applicant and by the Board of Supervisors [with recommendations from the Planning Commission and the Recreation, Parks and Open Space (RPOS) Committee] in exercising its duty to approve or disapprove subdivision and land development plans:
(1) 
Recreational facilities shall be consistent with the Township Comprehensive Plan (including the Trail Network Plan) and Recreation Plan. High priority shall be given to the provision of trail easements and improvements thereto, as specified in § 103-26C(2)(d) above.
(2) 
Recreational facilities shall be suitable for active recreational uses to the extent deemed necessary by the Board, without interfering with adjacent dwelling units, parking, driveway and roads.
(3) 
Recreational facilities shall be consistent with natural historic features protection provisions, as and to the extent contained elsewhere in this section.
(4) 
The linkage of erosion and sediment control or stormwater control facilities with recreational facilities may be permitted and is encouraged by the Township, if the presence of such facilities does not conflict with proposed activities or detract from the aesthetic values associated with the recreational facility. Plans for combining these facilities should be submitted to the Township for review and approval.
(5) 
Recreational facilities and trails shall be interconnected with recreational facilities and trails on abutting parcels wherever possible, including as a high priority, provision for pedestrian trails and, where suitable, bicycling and/or equestrian trails, for general public use to create the Township's Trail Network.
(6) 
Recreational facilities shall be provided with sufficient perimeter parking when necessary, and with safe and convenient access by adjoining street frontage or other right-of-way easements capable of accommodating pedestrian, bicycle, maintenance and vehicle traffic and containing appropriate access movements.
(7) 
Recreational facilities shall be undivided by any public or private streets, except where necessary for proper traffic circulation, and then only upon the recommendation of the Township Engineer and Planning Commission.
(8) 
Recreational facilities shall be free of all structures, except those related to outdoor recreational uses.
(9) 
Recreational facilities shall be suitably landscaped either by retaining existing vegetation 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) 
Recreational facilities shall be conveniently accessible to the residents of Birmingham Township to improve the utility of the facility and to promote its use among the residents. This applies to private facilities with limited access, as well, in case it is ever offered for dedication to the Township.
E. 
Effect of dedication of land on allowed density of remaining development. Unless otherwise not includable for density calculations (e.g., floodplain area), land dedicated for recreational use shall be included in the density calculations for determining the number and character of dwelling units in a subdivision.
A. 
Street system.
(1) 
Proposed streets shall be properly related to such street plans or parts thereof as have been officially prepared and adopted by the Township, including recorded subdivision plans and the Official Map of the Township.[1]
[1]
Editor's Note: The Official Map is on file in the office of the Township Secretary.
(2) 
Proposed streets shall further conform to such Township, county and state road and highway plans as have been prepared, adopted and/or filed as prescribed by law.
(3) 
Thoughtful and imaginative design of streets and their relationship to the arrangement and shape of lots is required. An important element is the blending with topography to produce curvilinear design and reasonable grades. The rectilinear design of streets and lots, involving long, straight sections of street should be avoided.
(4) 
Local streets shall be laid out so as to discourage through traffic, but provision for street connections into and from adjacent areas will generally be required.
(5) 
If lots resulting from original subdivisions are large enough to permit a resubdivision or if a portion of the tract is not subdivided, adequate street rights-of-way and lot frontage to permit further subdivision shall be provided as necessary.
(6) 
Where a subdivision or land development abuts or contains an existing or proposed arterial, collector or rural road, the Board shall require the applicant to minimize the adverse impact of the subdivision or land development on traffic safety by:
(a) 
Encouraging the applicant to designate areas abutting such arterial, collector or rural roads as open space areas rather than individual lots;
(b) 
Requiring that any lots which abut such arterial, collector or rural roads be reverse frontage lots having direct access to a local street; and/or
(c) 
Requiring the dedication of additional right-of-way to provide the minimum right-of-way hereinafter specified and, particularly in cases where any lots are proposed to have driveway access to such arterial, collector or rural roads, require that such abutting arterial, collector or rural roads be widened and otherwise improved to meet specifications hereinafter set forth.
(7) 
The dedication of half streets at the edges of a new subdivision is prohibited. If circumstances render this impracticable, adequate provision for the concurrent dedication of the remaining half of the street must be furnished by the subdivider, developer or builder. When there exists a half street in an adjoining subdivision, the remaining half shall be provided by the proposed development.
(8) 
Where, in the opinion of the Board of Supervisors, a proposed subdivision or land development will generate such additional traffic on abutting and nearby state or Township roads of substandard specifications as to pose a hazard to public safety, the Board may require improvements (including widening and improvement to horizontal or vertical alignment) to be made by the applicant, including off-site improvements within existing public rights-of-way, such as will alleviate such hazards to public safety, provided that the extent of required off-site improvements shall be economically feasible in relation to the size and scope of the proposed subdivision or land development.
(9) 
Dead-end streets shall be prohibited, except as stubs to permit future street extension into adjoining tracts, or when designed as -de-sac.
(10) 
Continuations of existing streets shall be known by the same name, but names for other streets shall not duplicate or closely resemble names for existing streets in the West Chester Region. Where streets continue into adjoining municipalities, evidence of compatibility of design, particularly with regard to street widths, shall be submitted. The applicant shall coordinate such design with both municipalities to avoid abrupt changes in cartway width or in improvements provided.
(11) 
New streets shall be laid out to continue existing streets at equal or greater width, as regards both cartway and right-of-way, where such continuations are reasonable and practical.
B. 
Street alignment.
(1) 
Whenever street lines are deflected in excess of five degrees, connection shall be made by horizontal curves.
(2) 
Proper sight distances measured from a height of five feet shall be provided with respect to both horizontal and vertical alignments. Measured along the center line at a height of five feet, this shall be 200 feet for local residential streets and 300 feet for arterial, collector or rural roads.
(3) 
Minimum center-line radii for horizontal curves shall be 150 feet for local residential streets and 300 feet for arterial, collector or rural roads.
(4) 
A tangent of at least 100 feet shall be required between reverse curves.
(5) 
Approaches to an intersection shall be straight for a distance of 100 feet from the nearest right-of-way line of the intersecting street.
C. 
Street grades.
(1) 
There shall be a minimum grade of not less than 1% on all streets.
(2) 
Center-line grades shall not exceed 7% generally; provided, however, that on local residential streets, maximum grades of 10% may be permitted for distances no greater than 300 feet where necessitated by topographic conditions in order to minimize the extent of cuts and fills.
(3) 
Changes in grade exceeding 1% shall be effected by vertical curves which shall be no more abrupt than one-percent change in 25 feet of cartway, and which shall maintain the clear sight distances required by Subsection B(2). Vertical curves shall not produce excessive flatness in grade.
(4) 
Where the grade of any street at the approach to an intersection exceeds 3%, a reduced grade, not exceeding 3%, shall be provided for a distance of 75 feet measured from the nearest right-of-way line of the intersecting street.
(5) 
The maximum grade within any intersection, measured from the respective right-of-way lines, shall be 1%.
(6) 
A combination of minimum radius horizontal curve and maximum grade is not permitted.
D. 
Street widths and lengths.
[Amended 5-20-1996 by Ord. No. 96-04]
(1) 
The rights-of-way for all new streets in the Township and for all existing streets which abut or are contained within a proposed subdivision or land development shall be 50 feet.
(2) 
The paved cartway width for all new streets in the Township shall be 24 feet, subject to the following:
[Amended 4-21-1997 by Ord. No. 97-02]
(a) 
Where a subdivision having average minimum lot sizes of at least four acres is served by a closed street system (that is, a system of streets not connecting to adjacent properties or connecting two arterial, collector or rural roads) the Board of Supervisors may permit a reduction of cartway width to not less than 16 feet, if in its opinion such reduced width will not cause a hazard to public safety; provided, however, that cul-de-sac dimensions shall comply with Subsection F.
(b) 
Additional cartway width and additional right-of-way to accommodate the same may be required by the Board of Supervisors if in its opinion such additional width will promote public safety and convenience or provide needed parking space.
(3) 
The area between an existing right-of-way line and the ultimate right-of-way line shall be offered for dedication to the authority having jurisdiction over the road when the land to be subdivided or developed abuts or contains an existing right-of-way.
(4) 
No new street, having a length of less than 250 feet, measured from the center line of the intersecting streets or, in the case of a cul-de-sac, from the center line of the intersecting street to the center of the cul-de-sac bulb, shall be laid out or opened.
E. 
Street intersections.
(1) 
Right angle intersections shall be used whenever practicable, particularly where local residential streets intersect with arterial, collector or rural roads. There shall be no intersection angle measured at the center line of less than 60º.
(2) 
No more than two streets shall cross at the same point.
(3) 
Streets entering opposite another street shall either be directly across therefrom or offset by at least 200 feet from center line to center line.
(4) 
Local residential streets shall not intersect with arterial, collector or rural roads at intervals of less than 1,000 feet, measured from center line to center line.
(5) 
A minimum radius of paving of 25 feet shall be provided at all street intersections. The Board of Supervisors may require greater radii if, in its opinion, such greater radii will promote public safety or convenience.
(6) 
Right-of-way lines at corners shall be arcs concentric with paved radii lines, connecting each intersecting right-of-way line.
(7) 
Proper sight lines shall be maintained at the intersections of all streets. Clear sight triangle shall be measured along the center lines of intersecting streets to a point 75 feet from the center of intersection where a street is controlled by a stop sign and to a point 300 feet from the center of intersection on all other streets. Where protection of public safety is not compromised, the Board may permit modification of these distances where full compliance would require an unreasonable amount of earthmoving activities.
F. 
Cul-de-sac streets.
(1) 
Cul-de-sac streets permanently designed as such shall not exceed 1,000 feet in length, unless topographic conditions necessitate a greater length.
(2) 
Cul-de-sac streets shall be provided at the closed end with a circular turnaround with a minimum right-of-way radius of 50 feet and a minimum outer paving radius of 40 feet. No parking shall be permitted in the turnaround.
(3) 
The center-line grade in the turnaround shall not exceed 4%.
(4) 
When required for future extension, the turnaround right-of-way shall be placed adjacent to the tract boundary with sufficient width along the boundary line to permit extension of the street at full width. Drainage of culs-de-sac shall preferably be towards the open end.
(5) 
The small triangle of land beyond the cul-de-sac to the boundary shall be so deeded that, until the road is continued, maintenance of these corners of land will be the responsibility of the adjoining owners.
G. 
Street construction and paving. All street paving must conform to the specifications incorporated in this section of the standards and to the applicable requirements of the Pennsylvania Department of Transportation Specifications, Form 408 as most recently published ("Form 408"), and be approved by the Township Engineer prior to acceptance by the Board of Supervisors. All design standards, including but not limited to grades, horizontal curves, vertical curves, intersections, sight distances and tangents, shall conform to the requirements established by this chapter and shall be subject to the approval of the Township Engineer. Street paving shall have a minimum total compacted depth of 10 1/2 inches, consisting of an eight-inch crushed aggregate base course and a bituminous surface course of 2 1/2 inches.
(1) 
Subgrade.
(a) 
The bottom of the excavation and the top of the fill between the outer limits of the paving or base course, when completed, will be known as the "subgrade" and shall conform to the lines, grades and cross sections given. The subgrade for macadam paving shall conform to the established lines, grade and cross section as approved by the Board of Supervisors and shall be extended in width eight inches beyond the width of surface course paving, unless curbs are to be installed. The subgrade shall be solidly compacted to a firm and unyielding state by rolling with a minimum of ten-ton power roller. Unstable areas shall be removed and replaced with suitable fill and then rerolled as required to provide a uniform even surface.
(b) 
After the excavation of rough grading has been performed and all drains have been constructed, the subgrade shall be fine graded and shaped to the proper cross section. It shall be brought to a firm unyielding surface by rolling the entire area with an approved three-wheel power roller having a metal weight of not less than 10 tons. Solid rock, boulders, soft clay and all spongy material which will not consolidate under the roller shall be removed from the subgrade to a depth to be determined by the Township Engineer or other person designated by the Township Supervisors. The space shall be filled with suitable material from the excavation and the subgrade rerolled until it presents a smooth and firm surface of the proper shape and cross section.
(2) 
Shoulder.
(a) 
Supporting shoulder shall be constructed on all sections of projects where a base course or pavement is to be constructed without other permanent support along the sides. All shoulders shall be thoroughly compacted and graded to provide drainage from the macadam surface.
(b) 
Construction methods. Where concrete curbing is not to be constructed, shoulders are to be constructed adjacent to the paving of the proposed road. The width and type of construction, grade and construction methods of these shoulders is to be determined by or must meet the approval of the Township Engineer or other person designated by the Board of Supervisors.
(3) 
Base course. The base course shall consist of stone, crushed aggregate thoroughly compacted to a depth of not less than eight inches after completion of rolling. Coarse aggregate shall conform to the grading for No. 4 aggregate. Fine aggregate shall conform to the grading required for No. 1 aggregate. No material shall be placed on a wet or frozen subgrade. The base course shall be placed, compacted and protected in accordance with the requirements of Form 408.
(4) 
Bituminous surface course ID-2.
(a) 
This surface course shall consist of two courses, binder course and wearing course, of hot-mixed, hot-laid asphaltic concrete, constructed on the prepared base course. The bituminous surface course shall have a total thickness, after final compaction, of not less than 2 1/2 inches.
(b) 
The binder course shall be not less than 1 1/2 inches compacted depth, and the wearing course shall be not less than one inch compacted depth.
(c) 
The bituminous surface course ID-2 shall be mixed, delivered, placed and protected in accordance with the requirements of Pennsylvania Department of Transportation Specifications, Form 403, Section 420, as per the latest revision thereto.
(d) 
All wearing courses shall be sealed to the concrete curb with a one-foot-wide Grade BM-1 or A-1 bituminous gutter seal.
(e) 
Duplicate delivery slips for all materials will be required. These slips will become the property of Birmingham Township.
A. 
Alleys. Alleys are prohibited in residential developments. In commercial developments without expressly designed loading areas, the Board of Supervisors may require alleys with minimum cartway widths of 20 feet and minimum right-of-way widths of 30 feet and which otherwise conform to the standards for public streets, § 103-27.
B. 
Driveways.
(1) 
Driveways for single-family residences.
[Amended 11-3-1997 by Ord. No. 97-21; 12-20-1999 by Ord. No. 99-11; 8-7-2000 by Ord. No. 00-13]
(a) 
Private driveways on corner lots shall be located at least 40 feet from the point of intersection of the nearest street right-of-way lines.
(b) 
In order to provide a safe and convenient means of access, grades on private driveways shall not exceed 4% for the first 20 feet of driveway as measured from the edge of the road cartway (40 feet, however, in the event that the remainder of the driveway exceeds 10% in grade) nor 15% for the remainder of the driveway. A minimum grade of 1% shall be provided on all driveways. Grades adjacent to garages shall not exceed 7%.
(c) 
Sight distance.
[1] 
Sight distance from a point on the driveway 12 feet from the edge of the public road cartway upon which the driveway opens shall not be less than 150 feet in either direction with respect to the view of oncoming traffic, except where the road is a collector or arterial street, in which event, the sight distance shall be based upon the speed limit of the adjacent street, in accordance with the following table:
Minimum Speed Limit
(mph)
Sight Distance
(feet)
30
200
35
275
40
350
45
425
50
525
55
600
[2] 
The sight distance shall be measured at 2 1/2 feet to 4 1/2 feet above grade level. Where the driveway intersects a state road, regulations of the Pennsylvania Department of Transportation shall control the dimensions of the clear sight triangle.
(d) 
In order to provide a safe and convenient ingress and egress, private driveway entrances shall be rounded at a minimum radius of five feet or shall have a flare constructed that is equivalent to this radius at the point of intersection with the cartway edge (curbline).
(e) 
All driveways shall be located, designed and constructed in such a manner as not to interfere or be inconsistent with the design, maintenance and drainage of the highway and appurtenant or abutting drainage facilities or swales. All driveways shall have positive drainage, and the discharge from the driveway shall be minimized and shall be directed to the existing drainage system(s) along the street, such as swales, curbs or gutters.
(f) 
Entrance and exit drives crossing the street line shall be limited to two along the frontage of any single street and, in the event of two points of driveway access for a single lot, the points of access shall be spaced at least 100 feet apart.
(g) 
No private driveway shall have access to a street of higher classification if access to another street of lower classification is feasible.
(h) 
Driveways entering opposite sides of any street shall, where feasible, be laid out directly opposite one another. Where this is not feasible, the driveways shall be offset by at least 20 feet, clear from edge of drive to edge of drive.
(i) 
Driveways and streets shall intersect as nearly as possible at right angles, and no driveway shall intersect a street at an angle of less than 60º, nor more than 120º.
(j) 
Driveways shall have a travel surface or cartway width of not less than 10 feet, either paved or gravel. Where a driveway extends for a length of more than 100 feet, a flared passing area of at least 16 feet in width shall be provided.
(k) 
All driveways shall have a travel surface from a street which shall be paved for a minimum distance of 15 feet.
(l) 
The travel surface or cartway of driveways, other than common driveways as approved by the Board of Supervisors, shall be located no closer than five feet from any adjacent property line.
(2) 
Common access driveways for two, three or four single-family residences. Access from a public street to not more than four single-family dwellings may be provided by means of a common access driveway which shall comply with the standards set forth in Subsection B(1) for driveways for single-family residences, except that the travel surface or cartway of a common access drive may be located along the common property line(s) of the lots which it serves, irrespective of Subsection B(1)(l). In addition thereto, the following requirements shall be met:
[Amended 3-7-1991 by Ord. No. 91-03; 8-7-2000 by Ord. No. 00-13]
(a) 
The paved width of the cartway of a common access driveway shall be not less than 18 feet for the first 30 feet of length, measured back from the edge of the paved cartway of the intersecting street, in order to permit safe ingress and egress.
(b) 
The applicant shall record a driveway easement agreement in a form acceptable to the Township Board of Supervisors specifying:
[1] 
A metes and bounds description of the right-of-way within which the driveway is to be located with such right-of-way having at least a twenty-five-foot minimum width.
[2] 
Legal responsibility for construction and maintenance of the common driveway.
[3] 
That the common driveway cannot be offered for dedication to the Township and that the Township has no obligation to accept the same as a public street.
[4] 
The easement rights appurtenant to each lot utilizing the common driveway.
(c) 
Where a common access driveway is utilized in accordance with this subsection, such driveway shall not be considered a street or roadway and the area devoted to the driveway easement shall not be deducted from each respective lot traversed by the easement for purposes of calculating the net area of each such lot.
C. 
Private streets.
(1) 
The Board of Supervisors shall have the authority to approve private streets intended for the use of five or more families in a subdivision, land development or planned residential development or in a commercial development where usage by the occupants is in the nature of that of a private street. Such streets shall be privately owned and the Township shall have no maintenance obligation with respect thereto; maintenance in such case shall be the responsibility of a single person or entity, such as the landlord, homeowners' association or condominium association, and such responsibility shall not be fragmented among co-owners or easement right owners. Evidence of proper maintenance arrangements shall be submitted to the Township for review and approval.
[Amended 3-7-1991 by Ord. No. 91-03]
(2) 
Specifications for private streets shall conform to the standards for public streets, § 103-27.
(3) 
Where one or a series of proposed new streets serve to connect two or more separate existing public streets, such new street system shall not be maintained as private streets but rather shall be dedicated as public streets.
[Added 3-7-1991 by Ord. No. 91-03]
(4) 
Where a development is proposed to be served in whole or in part with a private street system, all points of intersection between such private streets and existing or proposed public streets shall be controlled by the installation of stop signs, the size and configuration and location of which shall be in conformity with Pennsylvania Department of Transportation standards.
[Added 3-7-1991 by Ord. No. 91-03]
[Amended 7-1-1999 by Ord. No. 99-04]
A. 
Sidewalks and/or paths shall be provided, whenever appropriate to help reduce conflicts between pedestrians and vehicle traffic or in areas of high potential pedestrian use, such as in the vicinity of multifamily residential developments, office developments, schools and commercial or industrial centers. In addition, paths or trails shall be provided in cluster-type developments to provide access to and across common open space area, and to connect such developments to the Township's Trail Network. The Board of Supervisors shall also require, where land proposed for subdivision or land development includes any section of the Birmingham Township Trail Network, as mapped in the Comprehensive Plan for the Township, that trail easements consistent with the Trail Network Plan be dedicated for public use, in accordance with § 103-26.
[Amended 7-17-2000 by Ord. No. 00-12]
B. 
When constructed, sidewalks shall be either concrete or bituminous mix with a minimum of four feet in width and four inches thick except at driveway crossings when the sidewalk thickness shall be increased to six inches.
A. 
Curbs or rolled gutters may be required, in the discretion of the Board of Supervisors, and will generally be required along heavily traveled streets at intersections and where street grades require them for proper drainage.
B. 
Where required, curbs shall be installed along both sides of the street and may be either vertical type or rolled curb-and-gutter type, except that rolled curb-and-gutter type shall not be used on streets whose grade exceeds 6%. The transition from one type to another shall be made only at street intersections, and adequate provisions shall be made for driveway entrances.
[Amended 6-5-1995 by Ord. No. 95-01; at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
A. 
Stormwater management controls and facilities are governed by Chapter 101, Stormwater Management, of the Code of the Township of Birmingham.
B. 
Construction standards.
(1) 
Materials and methods of construction for all storm drainage facilities shall conform to Pennsylvania Department of Transportation Specifications, Form 408, as latest revised.
(2) 
Where required, storm sewers shall be placed out of street paving within the street right-of-way or within easements not less than 15 feet wide.
(3) 
Storm drains shall have a minimum internal diameter of 18 inches and a minimum grade of 0.5% (1/2 of 1%) unless alternatives are specifically approved by the Township Engineer.
(4) 
Changes in horizontal alignment shall be by straight sections connected by inlets or manholes provided that, with approval of the Township Engineer, special curved drain sections may be used where circumstances so warrant.
(5) 
Manholes shall be constructed at all changes in horizontal or vertical alignment, shall be spaced not more than 300 feet apart on pipe of twenty-four-inch internal diameter or less and not more than 500 feet apart where larger sizes are installed.
(6) 
Inlet spacing shall be so arranged that 95% of the gutter flow will be captured. Inlets at street intersections shall be placed on the tangent and not on the curved portions. The gutter adjacent to and immediately upgrade from the inlet shall be so warped as to direct the water into the inlet.
(7) 
Manhole and inlet castings, covers and frames shall conform to Pennsylvania Department of Transportation specifications.
(8) 
Bridges and culverts shall have ample waterway to carry expected flows and conform to Pennsylvania Department of Environmental Protection and Department of Transportation specifications. Culverts shall be provided with wing walls and constructed for the full width of the right-of-way. Bridges shall be provided with a paved flow line and with aprons and wing walls at each end.
A. 
All earthmoving activities on the site shall be conducted in accordance with the conservation plan required to accompany preliminary and final plans in accordance with § 103-22 hereof.
B. 
The developer is directed to use, in the preparation and implementation of erosion control measures, techniques and specifications approved by the Chester County Conservation District and those prescribed by the regulations of the Pennsylvania Department of Environmental Protection, set forth at Title 25, Chapter 102. In case of conflict between the standards and specifications of the Chester County Conservation District and Department of Environmental Protection, the more stringent regulation, standard or specification shall apply.
C. 
Both during and after construction, clearing of vegetation, earth-moving or other surface disturbance activities, total water-borne sediment leaving the site and/or entering a watercourse on the site shall not exceed the amount of sediment which would have naturally left the site prior to surface-disturbing activities, assuming in the case of sites previously tilled that natural conditions are equivalent to meadow.
D. 
During construction, the dropping of mud on existing roads from construction vehicles leaving the site shall be minimized by covering the first 100 feet of construction entrances and exits with stone and other measures which may be necessary.
E. 
Periodic inspections of the site during construction shall be conducted by the Birmingham Township Supervisors or their representatives, and any observed violations of this chapter shall be cause for immediate issuance of an order to cease construction activity until such conditions are corrected.
[Amended 7-8-1986 by Ord. No. 86-04]
Shade trees shall be planted along both sides of all new streets at intervals of approximately 60 feet, except where tree masses have been preserved where shade trees would otherwise be located. Trees shall be placed back of the right-of-way line of streets, so as not to interfere with the installation and maintenance of sidewalks, drainage facilities and/or utilities and shall be of two-inch caliper, balled and burlapped and guaranteed for one year after planting. Species selection shall be at the discretion of the Board of Supervisors or as recommended by the Planning Commission.
All sanitary sewage disposal shall comply with the Birmingham Township Sewage Facilities Plan.
A. 
Community sewage system.
(1) 
Where a subdivision or land development is serviced by a central sanitary sewage collection and treatment system, it shall be of a type providing for land disposal of effluent (including spray irrigation methods, marsh-pond treatment and/or subsurface disposal methods) which complies with all requirements of the Pennsylvania Department of Environmental Protection.
(2) 
The system shall be regulated by the Pennsylvania Public Utilities Commission and satisfactory provisions for maintenance submitted.
B. 
Individual sanitary sewage disposal.
[Amended 1-7-1991 by Ord. No. 91-01]
(1) 
Individual on-lot sewage facilities shall be designed and installed only in accordance with the then-applicable regulations of the Pennsylvania Department of Environmental Protection and Chester County Health Department.
(2) 
The usable area for sewage disposal shall be shown on the final plan for each lot and shall conform to the then-applicable rules and regulations of the Pennsylvania Department of Environmental Protection and Chester County Health Department.
(3) 
Where on-lot systems are utilized for a subdivision proposed to be served by a community system within a reasonable period of time not to exceed 10 years, the Board of Supervisors may require the installation of a sanitary sewage collection system, commonly called "capped sewers."
(4) 
In no instance shall a septic tank, tile field or other effluent disseminating system (including any backup disseminating system) be installed and/or constructed in any manner, location, position or placement which is contrary to the rules and regulations of the Pennsylvania Department of Environmental Protection and/or the Chester County Health Department or other federal, state or local statutes or ordinances. All such septic tank, tile field or other effluent disseminating system facilities shall be located entirely within the lot boundaries of the dwelling unit which it services.
[Added 11-7-1994 by Ord. No. 94-08]
(5) 
In addition, on all lots of less than one acre, a backup absorption area meeting percolation test requirements of the Chester County Health Department shall be provided within the boundaries of such lots.
[Added 11-7-1994 by Ord. No. 94-08]
[Amended 4-16-2001 by Ord. No. 01-07]
A. 
If water is to be provided by means other than by private wells owned and maintained by the individual owners of lots within a proposed subdivision or land development, the applicant shall present evidence to the Board of Supervisors that the subdivision or land development is to be supplied by a certificated public utility, a bona fide cooperative association of lot owners or by a municipal corporation, authority or utility. A copy of a certificate of public convenience from the Pennsylvania Public Utility Commission or an application for such certificate, a cooperative agreement or a commitment or agreement to serve the area in question, whichever is appropriate, shall be acceptable evidence.
B. 
If off-site water service from a private public utility or association is to be used, mains must be sized to provide for adequate pressure and supply for the anticipated demands of the subdivision and to meet the minimum requirements for fire protection established by the Middle Department Association of Fire Underwriters. Minimum main size shall be six inches. If adequate source of supply and pressure is available, hydrants shall be installed at a maximum spacing so that properties to be built upon shall be within 600 feet of the hydrant. If adequate supply is not available, hydrant connectors shall be provided for future installation. System design and the design and development of water sources shall conform to the requirements of the Pennsylvania Department of Environmental Protection.
C. 
Where a permit is required by said Department, it shall be presented as evidence of much review and approval in the case of private or public systems before construction commences.
All other utility lines, including but not limited to electric, gas, streetlight supply and telephone, shall be placed underground. Installation of all utilities shall be in strict accordance with the engineering standards and specifications of the Township or other public utility concerned. All such underground utilities shall be put in place, connected and approved before the streets are constructed where such utilities lie under the proposed cartway and before any person is permitted to occupy any building to be served by such utilities.
A. 
Utility. Permanent easements with a minimum width of 20 feet and temporary construction easements with a minimum width of 30 feet shall be provided for common utilities.
B. 
Drainage. Drainage easements shall be required along natural watercourses coinciding with the extent of the one-hundred-year floodplain but in any case not less than 50 feet in total width. Permanent drainage easements for man-made facilities and swales shall be a minimum of 20 feet in width.
C. 
Dedication. Where stormwater or surface water will be gathered within the subdivision or land development and discharged or drained in volume over lands within or beyond the boundaries of the subdivision or land development, the subdivider, developer or builder shall reserve or obtain easements over all lands affected. The easements shall be adequate for such discharge of drainage and for carrying off of such water and for the maintenance, repair and reconstruction of the same, including the right of passage over by vehicles, machinery and other equipment for such purposes, and which shall be of sufficient width for such passage and work. The subdivider, developer or builder shall convey at no cost the easements to the Township upon demand.
A. 
Permanent concrete monuments shall be set at all corners and angle points of the boundaries of the original tract to be subdivided and such intermediate points as may be required. All lot corner markers shall be so located that individual properties may be readily ascertained after development of the subdivision. Markers shall be steel or iron pins or pipes and shall be set in the ground at finished grade.
B. 
The Board of Supervisors may require permanent reference monuments to be placed at street intersections, angle points, beginning and ending points of all curves, at the corners and angle points of common open space and at such other locations along the right-of-way lines as the Township Engineer shall designate.
A. 
Street name plates shall be put at all intersections, naming all streets at each intersection, and shall be visible from both directions when approaching an intersection. Generally, the sign shall be parallel to the street that it is identifying.
B. 
They shall be mounted on a heavy post or standard that shall consist, of a two-inch galvanized pipe or equivalent as approved of sufficient length to allow the bottom of the sign to be eight feet from the curb or ground final grade and long enough to allow at least three feet to be embedded in a hole at least nine inches in diameter three feet deep and shall rest on a steel plate or flat stone at the bottom of the hole and have at least two and one-half (2 1/2) feet of concrete poured around it and firmly tamped, taking care that the post is plumb and is adequately braced while the concrete sets so that the post will be permanently plumb. Provision should be made on the embedded section of the post so that during the time when the concrete is setting or later it cannot be turned by the wind or other means but shall remain rigid about its axis (i.e., it shall be keyed; this may be done by flattening the bottom six inches of the post).
C. 
The remaining six inches or so above the concrete can then be adequately backfilled with dirt and tamped.
D. 
The post shall be equipped with such standard rust-proofed hardware as to hold the nameplates rigidly in a proper and permanent position and to prevent their swaying in the wind and also to prevent weather from getting inside the post.
E. 
All street signs shall be constructed of extruded aluminum with sufficient thickness and reinforcing to have rigidity and stiffness. The finish shall be equivalent to a baked enamel, and the lettering shall be of the spacing and proportions as recommended in one of the alphabets used by the United States Bureau of Public Roads. The lettering shall be white and reflective of light. The length of each sign shall vary according to the amount of lettering to be placed thereon. The sign post must be capped with rustproof metal (galvanized or aluminum), with a five-and-one-fourth-inch slot. Both the cap and the sign shall be fastened with vandal-proof bolts. All signs must conform to the sign details and designs found in the Handbook of Approved Signs, Publication 236M, as published by the Bureau of Highway, Safety and Traffic Engineering.
[Amended 11-7-1994 by Ord. No. 94-08; 6-21-1999 by Ord. No. 99-03]
F. 
The signs shall be located with a view to making them seen at all times with a minimum of effort by both pedestrian and vehicular traffic and as close to the side of the cartway or curb as practical, but no part of the nameplate shall be permitted to overhand any part of the cartway or curb.
G. 
Sketches of street nameplates, standards and installation and location shall be submitted for the inspection and approval of the Township.
[Amended 2-18-2003 by Ord. No. 03-02]
A. 
Purpose. The standards in this section shall require and set minimum standards for outdoor lighting in order to:
(1) 
Provide for and control lighting in outdoor public places where public health, safety and welfare are potential concerns.
(2) 
Protect drivers and pedestrians from the disabling glare of nonvehicular light sources.
(3) 
Protect neighbors and the night sky from nuisance glare and light trespass from poorly shielded, aimed, placed, applied or maintained light sources.
(4) 
Promote energy efficient lighting design and operation.
(5) 
Protect and retain the intended character of Birmingham Township.
B. 
Applicability.
(1) 
Outdoor lighting shall be required for safety and personal security for uses that operate during hours of darkness where there is public assembly and/or traverse, including, but not limited to the following uses: commercial, industrial, public-recreational, institutional and multifamily residential developments.
(2) 
The Board of Supervisors may, in its sole discretion, require lighting to be incorporated for other uses or locations or may restrict lighting in any of the above-identified uses, as deemed necessary.
(3) 
The glare-control requirements herein contained apply to lighting in all above-mentioned uses as well as, but not limited to, sign, architectural, landscape, recreational, and residential lighting.
(4) 
Temporary decorative lighting is exempt from all but the glare control requirements of this chapter.
C. 
Definitions. As used in this section, the following terms shall have the meanings indicated:
FOOTCANDLE
A unit of incident light quantity measurable with an illuminance meter, a.k.a., footcandle meter or light meter.
FULL CUTOFF
A term used by the lighting industry to describe a lighting fixture from which no light is emitted at or above a horizontal plane drawn through the bottom of the fixture and no more than 10% of the lamp's light intensity is emitted at an angle 10º below that horizontal plane at all lateral angles around the fixture.
GLARE
The sensation produced by excessive direct or reflected light that causes annoyance, discomfort or loss in visual performance to the eye. Glare is subjective and cannot be measured with a meter.
ILLUMINANCE
The quantity of incident light per unit area, measured with a light meter in footcandles (or lux).
LIGHT TRESPASS
The light created by a lighting installation which extends beyond the boundaries of the property on which the installation is sited.
LUMEN
The light-output rating of a lamp (light bulb), as used in the context of this chapter.
D. 
Criteria.
(1) 
Illumination levels.
(a) 
Lighting, where required or permitted by this chapter, shall have intensities and uniformity ratios in accordance with the recommended practices of the illuminating Engineering Society of North America (IESNA) as contained in the IESNA Lighting Handbook, 9th Edition, or subsequent editions, or as contained in current publications of the IESNA Recommended Practices or Design Guides.
(b) 
The intensity of illumination projected onto a residential property from another property shall not exceed 0.1 vertical footcandle measured line-of-sight from any point on the adjacent residential property.
(2) 
Lighting fixture design.
(a) 
Fixtures shall be of a type and design appropriate to the lighting application and aesthetically acceptable to the Township.
(b) 
For the lighting of predominantly horizontal surfaces such as, but not limited to, roadways, areas of vehicular and pedestrian passage, merchandising and storage areas, automotive-fuel dispensing facilities, automotive sales areas, loading docks, culs-de-sac, active and passive recreational areas, building entrances, sidewalks, paths, site entrances and parking areas, fixtures shall be aimed straight down and shall meet IESNA full cutoff criteria, unless the aggregate wattage per fixture does not exceed the output of a standard sixty-watt incandescent lamp, in which case noncutoff fixtures shall be permitted.
(c) 
For the lighting of nonhorizontal surfaces such as, but not limited to, facades, landscaping, signs, fountains, displays, flags and statuary, the use of lighting not meeting IESNA full cutoff criteria shall be permitted only with the approval of the Board of Supervisors or its designee based upon acceptable glare control (approval shall not be required if the aggregate wattage per fixture does not exceed the output of a standard sixty-watt incandescent lamp, i.e., 1,000 lumens).
(d) 
"Barn lights," a.k.a., "dusk-to-dawn lights," shall not be permitted where they are visible from other uses or properties, unless fitted with a reflector or shield to render them full cutoff.
E. 
Installation.
(1) 
Electrical feeds for fixtures mounted on poles shall be run underground, not overhead.
(2) 
Lighting standards at the rear of parking spaces shall be placed a minimum of five feet outside the paved area, curbing or tire stops, or on concrete pedestals at least 30 inches high above the pavement, or suitably protected by other approved means.
(3) 
Fixtures meeting IESNA full cutoff criteria shall not be mounted in excess of 20 feet above finished grade of the area being illuminated.
(4) 
Fixtures not meeting IESNA full cutoff criteria shall not be mounted in excess of 16 feet above grade of the area being illuminated.
F. 
Maintenance. Lighting fixtures and ancillary equipment shall be maintained so as always to meet the requirements of this chapter.
G. 
Recreational lighting. When facilities for outdoor recreational activities (such as, but not limited to, baseball, tennis, football and miniature golf), are specifically permitted by the Township to operate during hours of darkness, excluding recreational accessory uses which are permitted on properties in the R-A, A-RT, R-1 and R-2 Zoning Districts, the following lighting requirements shall apply:
(1) 
Lighting shall be accomplished only through the use of fixtures conforming to IESNA full cutoff criteria, or as otherwise approved by the Township based on suitable control of glare and light trespass.
(2) 
For new recreational facilities and recreational facilities wishing to change their hours of operation during hours of darkness, sporting events shall be timed so that all lighting in the sports facility, other than lighting for safe exit of patrons, shall be extinguished by 10:00 p.m., regardless of such occurrences as extra innings or overtimes.
(3) 
Golf driving ranges and trap shooting facilities shall not be artificially illuminated.
(4) 
The foregoing outdoor recreational activities shall not be illuminated if located within any residential district or sited on a nonresidential property located within 1,200 feet of a residential use.
(5) 
Maximum mounting heights for recreational lighting shall be in accordance with the following:
Type
Maximum Mounting Height
(feet)
Basketball
20
Football
70
Soccer
70
Little League baseball
200 foot radius
60
300 foot radius
70
Miniature golf
20
Tennis
20
Track
20
H. 
Plan submission.
(1) 
For subdivision and land development applications where site lighting is required or proposed, lighting plans shall be submitted to the Township for review and approval with any preliminary or final subdivision/land development plan application and with any conditional use, special exception, variance application or any building permit where requested, and shall include:
(a) 
A site plan, complete with all structures, parking spaces, building entrances, traffic areas (both vehicular and pedestrian), vegetation that might interfere with lighting, and adjacent uses that might be adversely impacted by the lighting, and a layout of all proposed fixtures by location, mounting height and type. The submittal shall include, in addition to area lighting, exterior architectural lighting, building entrance lighting, landscape lighting, etc.
(b) 
Ten feet by 10 feet illuminance-grid (point-by-point) plot of maintained footcandles, plotted out to 0.0 footcandles, which demonstrates compliance with the light trespass, intensity and uniformity requirements as set forth in this chapter or as otherwise required by the Township. The lamp lumen rating and type, maintenance (light-loss) factors and IES file names used in calculating the illuminance levels shall be documented on the 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.
(d) 
The following notes shall appear on the lighting plans:
[1] 
Postapproval alterations to lighting plans or intended substitutions for approved lighting equipment shall be submitted to the Township for review and approval.
[2] 
The Township reserves the right to conduct postinstallation nighttime inspections to verify compliance with the requirements of this chapter and, if appropriate, to require remedial action at no expense to the Township.
[3] 
The applicant shall identify the following items in a note: the date and edition of the IESNA manual which was in effect when the land development application was approved and the specific lighting criteria (intensity, illumination levels and uniformity ratio) that applied to the development as contained in the IESNA Handbook or Recommended Practices or Design Guides that were in effect when the application was approved.
(2) 
When requested by the Township, the applicant shall also submit a visual-impact plan that demonstrates appropriate steps have been taken to mitigate on-site and off-site glare and light trespass to retain the Township's intended character.
[Added 9-16-1991 by Ord. No. 91-08]
A. 
Applicability.
(1) 
Disturbance or destruction of environmentally sensitive areas shall be minimized. Where such areas are proposed to be disturbed, the applicant shall mitigate the adverse environmental impacts.
(2) 
Where there exist competing values for nondisturbance, the following priority of values shall be adhered to, unless specifically waived by the Board of Supervisors, in the design of a subdivision or land development:
(a) 
Wetlands, flood hazard areas and stream valleys.
(b) 
Woodlands, tree clusters, specimen trees and other wildlife habitat resources.
(c) 
Visual resources (historic and scenic resources).
(d) 
Slopes of 25% and greater.
(e) 
Slopes of between 15% and 25%.
B. 
Wetlands, flood hazard areas and stream valleys.
(1) 
Should the existence of wetlands be indicated as per the requirements of § 103-22B(1)(b)[3], a wetlands delineation shall be performed by a licensed professional engineer, hydrogeologist, soil scientist or similarly qualified professional experienced in wetlands ecology, selected by the applicant and at the applicant's expense. Subdivision and land development plans shall show the delineation and indicate any disturbance of wetlands anticipated.
(2) 
In the event of uncertainty with respect to the existence of or extent of wetland area(s), the Township may, at its discretion, request that either the Army Corps of Engineers or the Pennsylvania Department of Environmental Protection verify the findings and perform a delineation at the applicant's expense. The applicant will be required to secure any required wetlands permits, unless the applicant's activity clearly will not impact existing wetlands.
(3) 
Where wetlands exist and disturbance permits and/or mitigation activities are required, final plan approval or granting of applicable permits from the Township shall be contingent upon the applicant's receiving all necessary wetlands permits and the approval of the Township Engineer.
(4) 
The plans shall conform to the requirements of Article XIII of Chapter 122, Zoning, with respect to flood hazard areas, and shall conform to the requirements of § 122-97.1 (Riparian buffer protections) of Chapter 122, Zoning.
[Amended 12-21-1998 by Ord. No. 98-15]
(5) 
Where feasible, the plans shall leave margin areas contiguous to wetlands and flood hazard areas and areas with seasonally high water table undisturbed in order to better protect these resources from construction activities and to enhance visual resources. The width of such margin areas shall be dependent upon the site characteristics of the tract. (For example, where it is necessary to disturb margin areas in order to preserve other environmentally sensitive areas, disturbance of margin areas will be permitted.)
C. 
Woodlands, tree clusters, specimen trees and other wildlife habitat resources.
(1) 
No wooded lot undergoing development shall be disturbed in such a manner that the number of living trees having a DBH of six inches or greater on the lot prior to any disturbance shall be reduced by more than 25% by such disturbance. In instances where disturbance or tree-cutting of more than 25% of those existing living trees having a DBH of six inches or greater is unavoidable or considered desirable in accordance with sound forest management practices, the individual removing such trees shall replace those removed in excess of 25% with new plantings of trees having at least a DBH of 2 to 2 1/2 inches. Every effort shall be made to retain as much woodland as possible of a size and configuration which will promote its growth and natural regeneration.
(2) 
Disturbance to vegetation other than woodlands which provides wildlife food and cover or visual amenity shall be minimized. This may include but not necessarily be limited to specimen trees, hedgerows, tree clusters and other vegetation not considered as woodland.
(3) 
Disturbance or removal of vegetation occupying environmentally sensitive areas shall be undertaken only as permitted herein to minimize the adverse impacts of such actions. This shall include but not necessarily be limited to vegetation performing important soil stabilizing functions on floodplains, stream and pond banks and sloping lands.
D. 
Visual and historic resources.
(1) 
In addition to the regulations set forth in Articles VIII, Historic District, and XII, Historic-Commercial District, of Chapter 122, Zoning, subdivision and land development plans shall be designed to minimize adverse impacts on visual resources.
(2) 
Where feasible, viewsheds along public roads shall remain undeveloped, or where development is proposed, the adverse impacts on such viewsheds shall be mitigated by additional landscape plantings and/or berming.
(3) 
Where a tract contains an isolated structure of historic or architectural significance, the impact of the proposed development shall be minimized by providing unimpeded views of such structure from public roads and by providing additional lot area and/or open space areas around such structure.
E. 
Sloping lands.
[Amended 3-26-2001 by Ord. No. 01-05]
(1) 
In addition to the regulations set forth in § 122-97 of Chapter 122, Zoning, subdivision and land development plans shall be designed to minimize grading, cutting, filling or otherwise disturbing lands with slopes in excess of 10%.
(2) 
Grading or earth moving on all sloping lands exceeding 15% shall not result in earth cuts or fills whose highest vertical dimensions exceed 10 feet. Finished slopes of all cuts and fills shall not exceed 3:1, unless the applicant can demonstrate that steeper slopes can be stabilized and maintained adequately.