The following subdivision and land development principles,
standards and requirements shall be applied by the Board in evaluating
plans for proposed developments.
The standards and requirements outlined herein shall
be considered minimum standards and requirements for the promotion
of public health, safety, morals and general welfare.
Where literal compliance with the standards herein
specified is clearly impractical, the Board may modify or adjust the
standards to permit reasonable utilization of property while securing
substantial conformance with the objectives of this chapter.
Land shall be developed in conformance with the Comprehensive
Plan, Zoning Ordinance[1] and other ordinances and regulations in effect in the
Township.
The design of subdivisions and land developments shall
preserve, insofar as possible, the natural terrain, natural drainage,
existing topsoil and trees.
Land subject to hazards to life, health or property
such as may arise from fire, floods, disease or other causes shall
not be developed for building purposes, unless such hazards have been
eliminated or unless the plan shall show adequate safeguards against
them, which shall be approved by the appropriate regulatory agencies.
All portions of a tract being developed shall be taken
up in lots, streets, public lands or other proposed uses so that remnants
of landlocked areas shall not be created.
Grading
or earthmoving on all lands, as permitted by the Zoning Ordinance,[2] shall result in neither cuts nor fills that require a
retaining wall or similar structure whose highest vertical dimension
exceeds 10 feet. In the event a greater vertical dimension is encountered,
the concept of tiered retaining walls or similar structures may be
investigated by the applicant. The Township Engineer may permit, but
shall not be required to permit, the use of tiered retaining walls
or similar structures upon the presentation and acceptance of design
plans and specifications demonstrating that said slopes will be stabilized
and adequately maintained.
The location and width of all streets shall conform
to the Comprehensive Plan, the Zoning Ordinance[1] and the Official Map, or to such parts thereof as may
have been adopted by the Township.
Residential streets shall be so laid out as to discourage
through traffic; however, the arrangement of streets shall provide
for the continuation of existing or platted streets and proper access
to adjoining undeveloped tracts suitable for future development.
New streets shall be provided through to the boundary
lines of the development with temporary easements for turnarounds
when the subdivision or land development adjoins unsubdivided acreage;
however, no such streets are required when it is shown to the satisfaction
of the Board of Commissioners to be poor or unnecessary design or
that such a requirement would not further the objectives of this chapter.
Streets that are extensions of or obviously in alignment
with existing streets shall bear the names of the existing streets.
Street names shall not be repeated, and all street names shall be
subject to the approval of appropriate local authorities.
If land or lots resulting from original subdivision
or land development are large enough to permit resubdivision or land
development, or if a portion of the tract is not developed, adequate
street rights-of-way to permit further subdivision or land development
shall be provided as necessary.
Where a subdivision or land development abuts or contains an existing or proposed major traffic street or arterial highway, the Board may require dedication of an additional right-of-way to provide the minimum right-of-way specified in § 137-39 of this chapter and marginal access streets, rear service alleys, reverse frontage lots or such other treatment as will provide protection for abutting properties reduction in the number of intersections with the major street and separation of local and through traffic.
New half or partial streets shall not be permitted
except where essential to the reasonable development of a tract in
conformance with the other requirements and standards of this chapter
and where, in addition, satisfactory assurance for dedication of the
remaining part of the street can be secured.
Where access from any subdivision or land development
is proposed to a state street or highway, in addition to the issuance
of a highway occupancy permit by PADOT, the applicant shall secure
a highway occupancy permit from the Township at the time of final
plan approval, the feasibility of which shall be demonstrated upon
submission for review of the preliminary plan. Highway occupancy permits
authorizing connection to state streets or highways shall be approved
subject to the condition that if PADOT denies a highway occupancy
permit for the proposed access, the conditional approval of such permit
by the Township shall be deemed to have been denied and no such municipal
permit shall be issued. If the Township denies a Township highway
occupancy permit for said access, the approval of PADOT highway occupancy
permit shall be deemed to have been denied.
Dead-end streets shall be prohibited, except where
designed as temporary turnarounds, to permit future street extension
into adjoining tracts or when designed as culs-de-sac.
All culs-de-sac, whether permanently or temporarily
designed as such, shall not exceed 1,600 feet in length. Permanent
cul-de-sac streets must be provided with a paved turnaround with a
minimum radius of 50 feet to the outside curb and of 60 feet to the
street right-of-way line.
Any street dead-ended for either access to an adjoining
property or for authorized stage development, which is greater than
one lot depth, shall be provided with a temporary all-weather turnaround
within the subdivision or land development, and the use of such turnaround
shall be guaranteed to the public until such time as the street is
extended. The temporary turnaround shall be circular, with a minimum
cartway radius of 25 feet, and shall remain completely within the
right-of-way.
No more than 20 dwelling units shall be provided on
a cul-de-sac street. Any lots proposed at the corner of the cul-de-sac
street and the through street shall be included in calculating the
maximum number of lots, and said lots shall provide as their sole
means of ingress and egress access from the cul-de-sac street and
not from the through street.
No more than four residential lots shall be located
on the perimeter of the bulb or paved turnaround portion of a cul-de-sac
street. The minimum lot width at the street line around the bulb or
paved turnaround shall not be less than 75 feet, unless the underlying
zoning requirements specify a greater lot width.
Private streets are prohibited within subdivisions,
unless adequate off-street parking is shown to exist and proper maintenance
of all improvements is guaranteed by the developer.
Streets providing circulation between adjacent land
developments (existing or proposed) shall be public streets and shall
be connected directly to another public street. All other streets
within a land development are permitted to remain private.
Private streets shall be designed as fire apparatus access roads in accordance with the requirements of the International Fire Code, adopted by Chapter 83 of the Caln Code, and all if its appendixes.
[Amended 5-12-1992 by Ord. No. 1992-9; 3-31-2005 by Ord. No. 2005-3]
All blocks in a subdivision shall have a minimum length
of 500 feet and a maximum length of 1,600 feet. Blocks subdivided
into lots shall be two lot depths in width, except lots along a major
thoroughfare which front on an interior street.
In commercial or residential land development areas,
the block layout shall conform, with due consideration of site conditions,
to the best possible layout to serve the public, to permit efficient
traffic circulation and the parking of cars, to make delivery and
pickup efficient and to reinforce the best design of the units in
the commercial or residential area.
The block layout in industrial areas shall be governed
by the most efficient arrangement of space for present use and future
expansion, with due regard for worker and customer access and parking.
In large blocks with interior parks and playgrounds,
in exceptionally long blocks where access to a school or shopping
center is necessary or where cross streets are impractical or unnecessary,
a crosswalk with a minimum right-of-way of 12 feet and five feet of
paving included therein may be required by the Board of Commissioners.
Residential blocks shall be of sufficient depth to
accommodate two tiers of lots, except where reverse frontage lots
bordering a major traffic street are used.
Lot dimensions and areas shall not be less than specified
by provisions of the Caln Township Zoning Ordinance[1] and shall further conform to the following requirement
designed to abate health hazards:
Where both or either water supply and sanitary sewage
disposal are provided by individual on-lot facilities, the Board may
require that the subdivider provide a registered professional engineer
or a qualified sanitarian to make such tests as are necessary to determine
the adequacy of the proposed facilities in relation to the proposed
lot size and existing grade and soil conditions. In all such cases,
a certificate by the registered professional engineer or qualified
sanitarian that the proposed facilities are adequate shall be the
prerequisite to final approval of the plan.
All lots shall abut on a public street or shall have
access to an approved private street. In general, side lot lines shall
be at right angles or radial to street lines. If, after subdividing,
there exist remnants of land, they shall be included in the area of
proposed or existing lots.
Where a subdivision borders on or contains an existing
or proposed collector or arterial street, the Board of Commissioners
may require that access to such streets be limited by one of the following
means:
The subdivision of lots so as to back onto the primary
arterial or collector and front onto a parallel local street. No access
shall be provided from the primary arterial or collector, and screening
approved by the Board shall be provided in a strip of land along the
property line of such lots adjoining the collector or arterial.
A series of culs-de-sac, U-shaped streets or short
loops entered from and designed generally at right angles to such
a parallel street, with the rear lines of their terminal lots backing
onto the arterial or collector.
A marginal access or service road separated from the
primary arterial or collector by a planting or grass strip and having
access thereto at suitable points.
Setback lines shall conform to the Township
Zoning Ordinance.[1]
Utility easements shall be a minimum of 20 feet wide,
except in the case where the utility easement is situated between
two buildings in which case the width shall be a minimum of 30 feet
wide. The utility easement shall to the fullest extent possible be
centered on or be adjacent to rear or side lot lines. Local utility
companies shall be consulted by the developer when locating easements.
Where a subdivision or land development is traversed
by a watercourse, drainageway channel or stream, there shall be provided
a drainage easement conforming substantially to the line of such watercourse,
drainageway, channel or stream and of such width as will be adequate
to preserve the unimpeded flow of natural drainage, or for the purpose
of widening, deepening, relocating, improving or protecting such drainage
facilities or for the purpose of installing a stormwater sewer.[1]
Editor's Note: Former Subsection C, regarding building setbacks,
which immediately followed this subsection, was repealed 12-19-2013
by Ord. No. 2013-10.
The minimum distance from a natural gas line to a
dwelling unit shall be as required by the applicable transmission
or distributing company, or as may be required by the applicable regulations
issued by the Department of Transportation under the Natural Gas Pipe
Line Safety Act of 1968, as amended, whichever is greater.
When any petroleum or petroleum products transmission
line traverses a subdivision or land development, the developer shall
confer with the applicable transmission or distribution company to
determine the minimum distance which shall be required between each
proposed dwelling unit and the petroleum or petroleum products transmission
lines.
In reviewing subdivision and development plans, the
Township Planning Commission shall consider whether community facilities,
especially schools, in the area are adequate to serve the needs of
the additional dwellings proposed by the development and shall make
such report thereon as it deems necessary in the public interest.
Developers shall be required to provide or reserve land within the development tract and provide recreational facilities normally required in residential neighborhoods, including open space, parks, playgrounds and playfields. Land areas provided or reserved for such community facilities shall be adequate to provide for building sites, landscaping and off-street parking as are necessary and appropriate to the types of facilities proposed. The types of facilities shall be as described and recommended in the Township's Open Space, Recreation and Environmental Resources Plan. Prior to the submission of a subdivision or land development plan for residential construction, developers shall review with the Township Planning Commission and the Recreation Committee the minimum requirements for various community facilities applicable to the tract being subdivided. The standards applicable to land so provided or reserved shall be those established in §§ 155-109, 155-110 and 155-111 of the Caln Township Zoning Code.
All subdivisions or land developments proposing the construction of residential housing units of any kind, or commercial or industrial development, shall be required to set aside and reserve 0.076 of an acre for each proposed residential dwelling unit and 0.03 of an acre for each 1,000 square feet of nonresidential gross floor area for the community facilities specified in § 137-31B unless the Board of Commissioners approves the payment of a fee in lieu thereof as provided for in § 137-31E.[1] Such areas shall be retained in private ownership by a
homeowners' association or similar entity (unless dedication to the
Township or recognized conservation organization is approved by the
Board of Commissioners) but shall be subject to a recorded declaration
of covenants, easements and restrictions approved by the Township
Solicitor restricting such land to use in perpetuity only for such
purposes.
Editor's Note: As determined in the Caln Township
Study for Establishing Requirements for Land Dedication and for Fee
in Lieu of Land Dedication, dated January 10, 2001, adopted by Resolution
of the Board of Commissioners and incorporated herein by reference.
In designating areas for open space use within the
subdivision plan, whether to be dedicated to the Township or to be
retained in private ownership, the following criteria shall be applied
by the developer and the Township:
Open space areas shall be consistent with the needs
of the future residents of the proposed subdivision and shall be located
so as to be easily accessible by said residents.
Open space areas should include both active recreation
areas for all age groups and, particularly where the site includes
a watercourse or hilly or wooded areas, land which is left in its
natural state.
Where open space areas are to be retained in private
ownership, provisions for the maintenance of such open space areas
shall be satisfactory to the Board of Commissioners.
Subject to the developer's agreement, where the Board
of Commissioners determines that because of the size, shape, location,
access, topography or other physical features of the land proposed
for subdivision or land development it is impractical to dedicate
land to the Township or set aside an open space area for required
park and recreational purposes, the Board of Commissioners may require
the payment of a fee in lieu of dedication of such land and recreational
facilities which shall be payable to the Township as a condition precedent
to final plan approval.
The amount of any fee in lieu of the dedication or reservation of such land and provision of recreational facilities shall be fixed from time to time by the Board of Commissioners in a resolution designated for that purpose. The amount of said fee shall be based upon the fair market value of undeveloped land in the Township otherwise required under § 137-31C to be preserved and dedicated for playgrounds, parks or recreational and/or open space use.[2]
Editor's Note: As determined in the Caln Township
Study for Establishing Requirements for Land Dedication and for Fee
In Lieu of Land Dedication, dated January 10, 2001, adopted by Resolution
of the Board of Commissioners and incorporated herein by reference.
All fees so collected shall, upon receipt by the Township,
be deposited in the Caln Township Open Space Fund, which shall be
an interest-bearing account, clearly identifying the specific recreational
facilities for which the fee was received. Such fees shall be expended
only for the acquisition of land or improvement of land for recreational
facilities or for open space and recreation purposes within Caln Township.
All such open space and recreational facilities shall be accessible
to the residents of the subdivision or land development in connection
with which the fee is paid.
Upon request of the developer who has paid such fee,
the Township shall refund such fee, plus accumulated interest, if
the Township fails to utilize the fee so paid within three years from
the date on which such fee is paid, unless the developer specifically
waives, in writing, the requirement that such fee be expended within
such time or waives, in writing, that such fee be repaid.