All subdivision and land development plans shall conform with the floodplain standards specified in Chapter
490, Zoning.
[Amended 12-6-2012 by Ord. No. 2012-06]
A. For any land area located within Hellam Township which is proposed
to be subdivided or developed for buildings or structures and was,
two years prior to the proposed development, partially or completely
wooded and/or contained at least one acre of native overstory trees,
not more than 20% of the total lot area may be altered or cleared.
[Amended 7-18-2013 by Ord. No. 2013-05; 4-18-2019 by Ord. No. 2019-03]
B. These calculations shall be performed for each lot/parcel in a subdivision.
In addition, when a new street or streets are proposed, calculations
also shall be performed for the total area of the subdivision if a
new streets or streets are proposed.
C. The applicant shall demonstrate that woodlands shall be preserved as required by Article
II of Chapter
490, Zoning, and shall be consistent with the following requirements:
(1) Existing wooded areas shall be shown on the plan and delineated from
the building area to prevent unnecessary destruction.
(2) Protective barriers such as a snow fence or visible construction
barrier shall be installed or placed around the perimeter of the building
envelope prior to land clearing or tree removal to protect the trees/woodlands.
This barrier shall be maintained until the issuance of an occupancy
permit. The wooded area outside the building envelope shall be maintained
after removal of the protective barriers. If trees are removed prior
to approval of the plan, trees must be replaced with native trees.
See § 490-37D for replacement specifications.
(3) All designated woodland areas as described herein, located outside
of the designated building envelope shall be classified as a "tree
preservation area" and shall be maintained as follows:
[Amended 4-18-2019 by Ord. No. 2019-03]
(a)
The tree preservation area shall be maintained at all times as a woodland with an adequate stocking of native, overstory trees (deciduous or conifers), suitably spaced so as to assure a full canopy of trees (see SALDO §
430-48 for replacement specifications).
(b)
The tree preservation area shall not be graded, filled, paved
or excavated.
(4) The following protective covenants shall be included within the deeds
of all approved lots:
(a)
Lot clearing or tree removal is limited to the building envelope
and shall be no more than 20% of the total area and shall not extend
into that portion of the lot designated as a "tree preservation area."
[Amended 7-18-2013 by Ord. No. 2013-05]
(b)
All other areas of the lot must be maintained at all times as
woodland and contain an adequate stocking or spacing of native trees
in order to assure a full canopy at tree maturity.
(c)
The woodland floor shall not be graded, filled, paved or excavated.
The use of alleys is permitted only with Village
Overlay Development and townhouse development. The use of alleys shall
be limited to providing a secondary means of access to the side and/or
rear of those lots with street frontage and designed to discourage
through traffic. Alleys shall conform to the following standards:
A. No part of any dwelling, garage, or other structure
shall be located within 18 feet of the cartway of an alley.
B. Alleys shall be designed in accordance with the street standards in §
430-33A,
B,
F,
G,
H,
I,
J,
L, and
M.
C. An alley may not terminate as a cul-de-sac and must
have a maximum length between intersecting streets of 500 feet.
D. A minimum easement width of 20 feet and a minimum
cartway width of 14 feet shall be provided for alleys.
E. On-street parking is prohibited along alleys and this
prohibition must be acknowledged both on the plan and on the site.
[Amended 3-15-2007 by Ord. No. 2007-03]
A. Driveways shall only be used to provide vehicular access between a street and a tract of land serving one to four dwelling units or a farm. Driveways shall conform to the standards contained in Chapter
490, Zoning.
B. No new lot shall be permitted with direct access to
any arterial or collector road. No new lot created by a subdivision
of 10 or more lots shall have access to any street not created as
part of the subdivision. Direct access to a street other than an arterial
or collector road for an existing undeveloped lot or a subdivision
of nine or less lots shall be permitted only when the subject property
has no other reasonable means to provide access to the existing street
system and only if the Township Engineer determines that the proposed
access point for each lot onto the street can be accommodated safely
by meeting PennDOT safe site distance regulations and sufficient traffic
gaps to safely enter and exit the access point.
Access drive within the Lincoln Highway Corridor shall meet all requirements of Chapter
490, Zoning, in addition to the requirements of this section. If there is a conflict between regulations, the regulations governing the Lincoln Highway Corridor in Chapter
490, Zoning, shall govern access. All access drives shall conform to the following:
A. Vertical alignment. The vertical alignments of access drives shall conform to the specifications for streets, as stated in §
430-33I of this chapter.
B. Horizontal alignment. The horizontal alignments of
access drives shall be measured along the center line. Horizontal
curves shall be used at all angle changes in excess of 2°. All
curves shall be tangential arcs. The minimum horizontal curve radius
shall be 75 feet.
C. Intersection. All access drive intersections shall
be:
(1) Subject to approval of PennDOT when intersecting a
state highway. Copies of highway occupancy permits from PennDOT shall
be submitted for all proposed intersections with a state highway prior
to final plan approval.
(2) Set back 100 feet from the intersection of any street
right-of-way lines.
(3) Set back 100 feet from the intersection of any other
access drive located upon the same lot (measured from cartway edges).
(4) Set back 15 feet from any side and/or rear property
lines; however, this setback can be waived along the property line
when a joint parking lot is shared by adjoining uses.
(5) Located in relationship to access drive intersections
on adjacent properties to provide safe and efficient movement of vehicles.
(6) Designed with right-angle intersections whenever possible.
No access drive intersection shall utilize an angle less than 75°,
unless turning movement restrictions are imposed.
(7) Rounded by an tangential arc with a minimum radius
of 30 feet. The Township may require up to fifty-five-foot radius
where large vehicle turning movements are anticipated.
(8) Provided with a clear-sight triangle and sight distance as required for a street, in accordance with §
430-33M(6) and
(7) of this chapter.
D. Cul-de-sac.
(1) Access drives which form a cul-de-sac shall not exceed
500 feet in length, measured from the center line intersection of
a street or access drive which is not a cul-de-sac. Access drive culs-de-sac
which do not terminate in a parking compound shall be provided at
the terminus with a fully paved turnaround with a minimum diameter
of 80 feet.
(2) The Board of Supervisors, upon the recommendation
of the Planning Commission, may permit an alternative turnaround design,
including a turnaround incorporated in a parking court or a landscaped
island, provided safe movement of traffic is assured.
E. Parking. When vehicular parking is prohibited along
access drives, the prohibition must be acknowledged on the plan and
properly signed along the cartway.
F. Improvement. The cartway of all access drives shall
be constructed with a minimum six-inch crushed aggregate base course
and a 3 1/2 inch bituminous concrete surface course of materials.
All materials and work shall conform to the latest edition of PennDOT
Manual Form 408.
G. Cartway width. The following table specifies various
access drive width requirements:
|
Function
|
Required Cartway Width
(feet)
|
---|
|
Two lanes of traffic with parking along cartway
|
36
|
|
Two lanes of traffic without parking along cartway
|
24
|
|
One lane of traffic with one lane of parking
along cartway*
|
20
|
|
One lane of traffic without parking along cartway*
|
12
|
|
NOTE:
|
---|
|
*
|
The one-way direction of traffic must be identified
along the cartway.
|
H. Side slope. The maximum slopes of banks located within
20 feet of the cartway shall not exceed 3:1 for fills, and 2:1 for
cuts. A four-foot leveling area is required adjacent to access drive.
All recreation or nonlicensed vehicle trail
crossings (e.g., equestrian, golf carts, off-road vehicles, snowmobiles)
of a street, alley, access drive, or driveway shall be:
A. Designed in a manner consistent with the existing
stormwater drainage of the area being crossed.
B. Easily identifiable in each direction.
C. Perpendicular to the street, alley, access drive,
or driveway.
D. Located no less than 15 feet from the cartway edge
of any intersection with a street, alley, access drive, or driveway
intersection.
E. Provided with a clear-sight triangle of 75 feet measured
along the center line of the street, access drive, or driveway, and
five feet from the edge of the roadway at the center line of the recreation
vehicular crossing. No obstructions, grading and/or planting greater
than three feet above the cartway grade are permitted in the clear-sight
triangle. A public right-of-way shall be reserved for the purpose
of removing any object, material or other obstruction to the clear
sight.
F. Not exceed a slope of 8% within 25 feet of the cartway
being crossed.
G. Signed to warn motorists and those crossing the intersection.
The surface of the crossing shall be brightly painted with angle stripes.
H. A tunnel, bridging or other suitable measures to assure
safe crossing for collector or arterial streets.
I. Designed to meet all requirements of the Americans
with Disabilities Act.
The building setback lines and building separations shall conform with the prevailing Chapter
490, Zoning, requirements.
Easements for sanitary sewer facilities, stormwater
drainage facilities, public utilities, or pedestrian access shall
meet the following standards:
A. To the fullest extent possible, easements shall be
adjacent to property lines.
B. Nothing shall be placed, planted, set, or put within
the area of an easement that would adversely affect the function of
the easement or conflict with the easement agreement.
C. The plan and easement agreement shall clearly identify
who has the right of access and responsibility for function of the
easement area.
D. Pedestrian easements shall have a minimum width of
10 feet.
E. Sanitary sewer and water supply easements shall have
a minimum width of 20 feet. In the case of a shared utility easement,
sufficient area shall be provided to allow a minimum of 10 feet between
the center line of the utility and the edge of the right-of-way.
F. Stormwater easements shall have a minimum width of
20 feet and shall be adequately designed to provide area for:
(1) The
collection and discharge of water;
(2) The
maintenance, repair, and reconstruction of the drainage facilities;
and
(3) The
passage of machinery for such work.
G. Where any electric or telephone transmission or petroleum
product transmission line traverses a property, the applicant shall
confer with the applicable transmission or distribution company to
determine the minimum distance which shall be required between each
structure and the center line of such petroleum or petroleum product
transmission line. All applications shall include a copy of the recorded
agreement or a letter from the owner of the transmission line stating
any conditions on the use of the property and the right-of-way width.
All subdivision and land development plans shall conform with Chapter
415, Stormwater Management. In the design of storm drainage facilities, special consideration must be given to preventing excess runoff onto adjacent developed or undeveloped properties. When a storm drainage outlet will discharge upon another property, the developer must secure the approval in writing of adjoining affected owners.
This section shall only apply to proposals that
would result in the creation of new dwelling units. It is the purpose
of this section to implement the language contained in Section 503(11)
of the MPC and thereby provide needed recreation/open space to accommodate
growth.
A. Mandatory dedication. Any proposal that would result
in the creation of one or more new dwelling units shall be required
to dedicate a minimum of 0.02 acre of park and/or open space per dwelling
unit to the Township, prior to unconditional final plan approval.
The developer may request that the Township not require the dedication
of land, and any such request shall be accompanied by an offer to
pay a fee in lieu of dedication of the land, computed in accordance
with the regulations provided herein, an offer to construct recreational
facilities and/or an offer to privately reserve land for park or recreation
purposes.
B. Parkland and open space design requirements. In general,
parklands and open spaces provided for by this section shall involve
areas for active recreational pursuits. Accordingly, the following
design requirements shall apply:
(1) The site shall be located and designed so that safe
and convenient access shall be provided to all existing and proposed
inhabitants. Additionally, each site shall have at least one area
available for vehicular access that is no less than 24 feet in width.
(2) The site shall be sized and configured so as to accommodate
its intended uses. Sufficient lot width/depth dimension shall be provided
so as to accommodate, where practicable, ball fields, courts, and
other open play areas. Furthermore, should a development be proposed
at a location contiguous to an existing park, dedicated parklands
should be provided, where practicable, as an expansion of the existing
facility.
(3) The site shall have suitable topography and soil conditions
for use and development as active play areas. No more than 25% of
the site shall be comprised of floodplains, stormwater management
facilities, and/or slopes exceeding 3%. Any unimproved site shall
be provided with a healthy and vibrant grass ground cover.
(4) The site shall be located and designed to conveniently
access proximate public utilities (e.g., sewer, water, power, etc.).
However, no part of any overhead utility easement, nor any aboveground
protrusion of an underground utility, should be permitted in active
play areas of the site.
(5) No part of the site shall be calculated as part of any required setback, yard, and/or open space for adjoining lots or uses as regulated by Chapter
490, Zoning.
(6) All areas of the site containing any unique geological
feature or woodland reservation on the Official Map shall be included
within the park and open space area.
(7) To the maximum extent feasible, the open space shall
be configured to protect important natural resources (e.g., streams,
ponds, wetlands, steep slopes, woodlands, unique geologic features,
wildlife habitats, aquifer recharge areas, etc.).
(8) To the maximum extent feasible, the open space shall
be configured to protect important historical and/or archaeological
sites.
(9) To the maximum extent feasible, the open space shall
be configured to integrate greenbelts throughout the development that
link residences with on-site or adjoining parks, schools, or other
similar features.
C. The developer may request that the Board of Supervisors
permit the provision of park and recreation land other than through
public dedication of land as set forth above. The developer shall
set forth, in writing, the means by which he will fulfill this requirement
which may include the payment of a fee in lieu of dedication of all
or a portion of the amount of land required to be dedicated, construction
of recreational facilities, the private reservation of land, or any
combination of dedication, fees, construction of recreational facilities,
or private reservation.
(1) Fee in lieu of dedication. When so requested by the
developer, the Township may accept a fee in lieu of dedication because
size, shape, location, access, topography or other physical features
render it impractical for the developer to dedicate land for recreational
areas as required by this section. Such fee in lieu of payments shall
be payable to the Township prior to issuance of the recording of each
final phase of the plan by the Township, based on each phase's percentage
of the total number of dwelling units.
(a)
If the developer proposes a fee in lieu of dedication, said fee shall be computed and paid in accordance with policies adopted by the Board of Supervisors. The amount of a fee-in-lieu payment shall be fair market value of the land required to be dedicated under Subsection
B above. The developer shall provide the Township with all information necessary to determine fair market value of the land, including, but not limited to, a copy of the agreement of sale or real estate transfer tax affidavit of value if the developer is equitable owner or has purchased the land within the past two years or an appraisal of the property by an MAI appraiser acceptable to the Township. Fair market value shall be computed by dividing the total price of the tract by the number of acres within the tract and then multiplying that number by the amount of land required to be dedicated. At the option of the developer, the developer may elect to pay the per-lot or dwelling unit fee in lieu of dedication established by resolution of the Board of Supervisors.
(b)
Any developer who feels aggrieved by the price
established by the Township shall have the right to secure a second
appraisal of the property by an MAI appraiser acceptable to the Township.
The two prices shall be averaged, with the result being the amount
owed being what the developer shall be required to pay.
(c)
Fee-in-lieu funds disposition. Monies received
from developers shall be placed in a capital reserve fund. Fees received
from developers shall be administered and expended as required and
authorized by the MPC.
(2) If the developer proposes to construct recreational
facilities, the developer shall present a sketch plan of such facilities
and an estimate of the cost of construction.
(3) If the developer proposes the private reservation of land, the developer shall provide for the maintenance of such land through either the inclusion of such land as common elements of a condominium or the creation of a homeowners' association. Such documentation shall be recorded, shall provide that the land cannot be further developed and shall give the Township the rights to maintain the land as set forth in MPC, Article
VII, dealing with the maintenance of common open space in planned
residential developments. Notwithstanding the foregoing, the developer
may request that the Township approve transfer of the land to an organization
dedicated to the conservation of natural resources with deed restrictions
preventing further development acceptable to the Township Solicitor.