Township of Penn, PA Minimum Required Improvements

The entire width of the right-of-way of each street in a proposed subdivision shall be graded and suitably prepared for the installation of paving, drainage structures, curbs, gutters and sidewalks in accordance with the appropriate standards for the class of street.

The subgrade shall be free of sod, vegetation matter or other similar material. Where poor subsurface drainage conditions exist, adequate drainage shall be installed per Subsection B(6) immediately below. The subgrade construction shall conform to minimum standards as adopted by the Township.

All utility lines, under drains, sewer lines, including laterals and service lines being placed in the roadway, conduits for electric, telephone and cable television shall be installed prior to commencing of road construction. All backfill for utilities under the roadway as well as within the right-of-way shall be 2A material (non-slag aggregate) compacted and placed in lifts not to exceed six inches in depth.

Preparation of subgrade.

Attached hereto and made part hereof, is a Typical Roadway Cross Section (see Appendix A[1]) setting forth the required construction standards as described herein.

Editor's Note: Appendix A is included as an attachment to the end of this chapter.

The subgrade shall be well rolled and fine graded to a tolerance of not more than 0.1 foot above and 0.2 foot below the grade as shown on the plan.

All soft, plastic or rock areas in the subgrade shall be undercut to a depth of at least 12 inches or more if deemed necessary by the Township and shall be refilled with approved materials (including possible use of geotextiles) and by methods approved by the Township.

The subgrade surface shall conform to the same crown as the paved surface.

The subgrade shall be proof rolled with a loaded single-axle truck carrying a gross weight of 18,000 pounds (i.e., a "one-ton" dump truck will not be sufficient) and approved by Township personnel[2] prior to the placement of subbase or base course material.

Editor's Note: The term "Township personnel," as used herein, shall mean either the Township Engineer or an employee of the Township designated by the Township.

(6)

Under drains shall be six-inch nominal diameter perforated polyvinyl chloride (PVC) drainpipe having a geotextile sock installed by the manufacturer, of suitable strength to withstand anticipated loadings. Pipe is to be laid in a shallow twelve-inch trench (as measured from the top of the finished subgrade elevation to the bottom of the trench) bedded in number 57 or 2-B stone. Under drains are to be provided on both sides of all roads and are to run longitudinally with the road. After final roadway grading, and upon request by the developer, section(s) of the under drain may be eliminated if it is deemed by the Township that such drains will not serve any benefit for subsurface drainage collection. (As an example, if beyond the paved surface the right-of-way slopes away from the road, the under drain may be eliminated since it would not be possible for water to infiltrate into the drainage system under the road.) Cross drains may be required as directed by the Township during construction inspection.

Pavement.

The minimum pavement width shall be a twenty-four-foot-wide cartway. In addition, one-foot-wide by six-inch-high asphalt wedge curbs (having a 2 to 1 slope) shall be placed outside the twenty-four-foot cartway and on each side of the cartway such that the total width of asphalt from back of curb to back of curb is 26 feet. The roadway pavement shall have a cross slope of 0.02 foot per foot from the roadway crown to the curb. The minimum toe of curb or edge of cartway radii at street intersections shall be 30 feet.

The pavement shall be constructed pursuant to the Typical Roadway Cross Section as provided in Appendix A[3] attached hereto and made part of these specifications.

Roadway subbase. Roadway subbase shall consist of a minimum eight inches of No. 4 stone graded and compacted and matching the cross slope of the subgrade. After placement of the No. 4 stone, a minimum two inches of crushed limestone dust or No. 2A stone (no slag) shall be graded and compacted and shall also match the cross slope of the subgrade. Subbase material shall be constructed a minimum of one foot wider that the full width of the cartway and asphalt curbs (i.e., minimum twenty-seven-feet wide). All stone shall be non-slag material, clean, well graded and placed on a prepared surface which is not soft, muddy, or frozen.

Roadway base course: Superpave 25.0mm. Base Course Roadway. Base course shall be constructed of a minimum 4 1/2 inches as measured after compaction, of Superpave 25.0mm base course. (Base course formerly known as Bituminous Concrete Base Course — BCBC.) The Superpave 25.0mm Base Course (BCBC) shall conform to PennDOT Publication 408, latest edition, Section 309, and shall only be placed on a subbase material which has been approved by Township personnel.

Roadway wearing course: Superpave 9.5mm, Fine Grade Wearing.

Within two days after the Superpave 25.0mm Base Course has been installed and approved by Township personnel, the roadway wearing course shall be placed. It shall consist of Superpave 9.5mm, Fine Grade Wearing, formerly known as ID-2 Bituminous Wearing Course Material, rolled and compacted to a finished depth of at least one inch as measured after compaction. The Superpave 9.5mm, Fine Grade Wearing Course Material shall conform to PennDOT Publication 408, latest edition, Section 409.

After 80% of the homes in any subdivision on any particular street have been constructed, or 80% of the commercial buildings proposed in a commercial development have been completed, and the developer has requested that the Township consider accepting the roadway(s), a final inspection shall be performed by the Township. This inspection, with Township personnel in attendance, shall consist of a proof-roll inspection in the manner as described in § 156-25B(5). Any deficiencies found at the time of inspection (such as soft areas, cracked asphalt, broken or depressed curbs, sags in roadway or any other types of deficiencies that would prohibit the stormwater runoff from being collected in the inlets) shall be corrected. Corrections may consist of saw-cutting and removing defective sections of asphalt, excavating subbase and/or subgrade, etc., and must be inspected by Township personnel.

Editor's Note: Included at the end of this chapter.

Paving equipment requirement: material containment curtains. The developer must obtain written verification by the paving contractor certifying that the paving equipment has the appropriate segregation adapter known as "material containment curtains" installed. This certification must be submitted to the Township prior to start of any paving operations.

Superpave requirements and corresponding tables. Attached to and made part of these specification are tables, certificates of compliance, and daily bituminous mixture certifications which all relate to superpave guidelines for the developer's and contractor's information and use.[4] A brief summary for each corresponding table is as follows:

	Table 1 — Superpave Mixture Design Language for bidding work which is intended to be accepted by the Township.
		This table outlines the different mix designs used by PennDOT for Superpave. The Penn Township Ordinance delineates the required design for various asphalt surfaces. The developer is responsible for completing the required mix design information for each asphalt course that will be placed on a project having streets intended to be accepted by the Township of Penn. This documentation shall be submitted to the Township prior to construction of any road.
	Table 2 — Superpave Mixture Comparison Chart.
		This table illustrates and compares the various Superpave mix designs to their corresponding conventional PennDOT paving courses and thicknesses.
	Table 3 — Equivalent Single-Axle Loadings (ESAL) Comparison Chart.
		This table outlines the different ESALs used in preparing the mix design requirements. This specified ESAL will be needed to complete the mix design data sheet from Table 1. As an example, a simple subdivision having no through streets will have a typical ESAL of 0.0 to 0.3 million.
	Table 4 — PG Grade Determination Chart.
		This table outlines the different grade of oil to be used in certain regions of the state and is utilized in preparing the mix design requirements from Table 1. For Penn Township, the Grade Determination Number will always be PG 64-22 for all new roads intended to be accepted by the Township.
	Table 5 — Skid Resistance Level (SRL) Determination Chart.
		This table outlines the different blends of asphalt and aggregate for the required skid resistance corresponding to the average daily traffic (ADT) requirements. PennDOT recommends that the lowest blend to be used within Penn Township is the SRL-H blend. The SRL determination shall be included in preparing the mix design requirements from Table 1.
		Certificate of Compliance.
		The developer shall have the asphalt supply company certify that they are a PennDOT-approved supplier and distributor. The developer shall submit to Penn Township a completed certification from the asphalt supply company prior to beginning road paving.
		Daily Bituminous Mixture Certification.
		The developer shall require that the asphalt supply company submit a daily bituminous mixture certification verifying that the asphalt batch meets the specifications of mix design as adopted by Penn Township. Separate daily bituminous mixture certifications shall be submitted for each day that asphalt is delivered to the project site.

Editor's Note: Tables are included at the end of this chapter. Forms are on file in Township offices.

Shoulders and embankments.

Street shoulders shall be constructed to the width specified on the Typical Roadway Cross Section in Appendix A.

Street shoulders shall be constructed with suitable materials from roadway or structure excavation sites and supplemented by additional suitable material, if needed, from an approved borrow excavation site. The entire shoulder area shall be uniformly and thoroughly compacted by rolling and shall be level with the tops of curbs as directed by the Township.

Embankments at the sides of streets and cross sections of drainage ditches shall not exceed a maximum slope of two feet horizontally to one foot vertically in a cut section and two feet horizontally to one foot vertically in a fill section; in special cases the Township may require more rigid standards.

Walls, slopes and traffic guards. Where the grade of the street is above or below the grade of the adjacent land, walls or slopes shall be constructed in a manner satisfactory to the Township and shall be sufficient to support the street or the adjacent land, as the case may be.

Calendar and weather limitations.

Road construction work, such as filling, berming, subgrade, fine grade construction, base construction or surface construction shall not be commenced before April 1 and shall be completed by October 31 of the same year. It is assumed that the weather conditions between those dates will be acceptable for road construction; however, if adverse weather conditions occur between these dates, the contractor or builder shall abide by the judgment of the Township in regard to permissible construction weather conditions. Work shall only be permitted before or after these dates on a day-by-day basis as approved by the Township.

In addition, bituminous paving mixtures shall not be placed when surfaces are wet or when the temperature of either air or the surface on which the mixture is to be placed is 40° F. or lower. When work is halted because of weather conditions, tonnage en route to the project will not be accepted.

Street signs.

Road name signs: Four-way street name signs with reflective white lettering a minimum of six inches high, having a green background and a breakaway pole design, shall be installed at each street intersection by the developer at his own expense. Signs shall be erected once the street is paved and prior to any structure being built. At the developer's option, Township personnel may order and erect road name signs upon payment by the developer of all costs associated with purchase and installation of the signs.

Traffic control signs: Stop signs, speed limit signs, and any other signs as required by PennDOT regulations shall be installed by Township personnel and paid for by the developer. All such signs shall be accordance with the then-existing PennDOT regulations.

Residential plan identification signs. If the developer constructs a gazebo, pavilion, decorative wall or other structure, including a plan identification sign containing the name of the subdivision or residential land development, such sign or structure shall be owned and maintained by a homeowners' association, whether or not such sign or structure is located on private property or within the public street right-of-way. In either event, the Township shall have the right to maintain the sign or structure if the homeowners' association fails to do so and, further, shall have the right to require posting of a bond by the homeowners' association for such maintenance and shall have the right to remove any such structure or sign which is located in a public street right-of-way.

Snow removal. It shall be the responsibility of the developer or contractor to maintain streets that have not been accepted by the Township. As a condition of final approval, the developer shall either:

Provide a written contract to the Township to cover winter street maintenance and shall post a bond for 110% of the cost of one season's winter maintenance of streets in the plan. Plowing shall be done by the applicant's private contractor upon notice from the Township Road Supervisor.

Enter into a winter maintenance agreement with the Township wherein the developer shall pay the Township a cost per foot of road for winter maintenance between November 1 and March 31. Such cost per foot shall be determined annually by PennDOT. There shall be no prorating of funds which might be paid after November 1, and there shall be neither any refunds to the developer should the roads not require winter maintenance, nor shall the Township ask for supplemental payments from the developer during harsh winter seasons.

The Planning Commission shall not recommend for approval and the Board of Commissioners shall not approve any final plat unless all abutting local, collector and arterial streets shown thereon and all local, collector and arterial streets which provide transportation access to or may be utilized, in whole or in part, by traffic generated from such proposed development presently meet the minimum level of service incorporated herein as Penn Township Transportation Improvements Program, or by reference, or will meet such minimum level of service criteria within a reasonable period of time pursuant to the Transportation Capital Improvements Plan incorporated as Exhibit F to Penn Township Transportation Improvements Program.

[Amended 1-18-2017 by Ord. No. 914]

In order to ensure that the adopted minimum levels of service are met and to assure that the costs of the necessary transportation improvements to accommodate the development consistent with said levels of service are funded and equitably apportioned, based upon the traffic-generation characteristics of the proposed use, final approval of all such plats shall be conditioned upon participation by the developer in the Penn Township Transportation Improvements Program. Said participation shall be guaranteed by the execution of an agreement between Penn Township and the traffic generator, on a form provided by Penn Township, providing for payment of the applicable impact fee at the time of issuance of a zoning (building) permit for development pursuant to the final plat as approved.

All streets shown on any plat shall be of sufficient width and proper grade as outlined in this article and shall be so located as to accommodate the probable volume of traffic thereon, facilitate fire protection, provide access for fire-fighting equipment to buildings and provide a coordinated system of streets conforming to the Township's plan of streets.

§ 156-26 Drainage.

[Amended 3-15-2006 by Ord. No. 818]

All necessary facilities, including underground pipe, inlets, catch basins or open drainage ditches, as determined by the Township, in accordance with the requirements of Chapter 144, Stormwater Management, as amended, shall be installed to provide for the adequate disposal of subsurface and surface water and maintenance of natural drainage courses. All storm drainage facilities within the subdivision shall connect to an adequate drainage course.

Storm sewers and stormwater drainage. A drainage system adequate to serve the needs of the proposed new streets and the entire subdivision will be required in new subdivisions. Where an adequate public storm sewer main is available at the plat boundary, the developer shall construct a storm sewer system and connect with such storm sewer main. If such storm sewer systems are not accessible, adequate stormwater drainage shall be provided by natural drainage channels with easements of adequate width.

Pipe connections to storm sewer inlets. All connections of storm sewer pipes into inlets or manholes, regardless if located below the roadway or road right-of-way, or any drainage easement, shall be parged using Type 1 Portland concrete round the entire circumference of the joint between the pipe and inlet and/or manhole wall. In addition, an invert consisting of Type 1 Portland concrete shall be formed and poured at the bottom of every inlet or manhole in order to direct water into and out of the pipes, manholes, and inlets. Further, the outside of the inlet or manhole where the storm pipe enters shall be excavated approximately one foot in depth around the outside circumference of the pipe so that a minimum two-feet-wide by one-foot-thick collar of Type 1 Portland concrete can be poured in place around the outside circumference of the pipe connection. The collar shall be allowed to cure not less than three days prior to completing backfill and compaction of the trench.

Inlet grates. All inlet grates shall be set at the elevation of the road surface for the first placement of the Superpave 9.5mm, Fine Grade Wearing Course and then readjusted by the use of a metal riser ring to match the elevation of the second and final placement of the Superpave 9.5mm, Fine Grade Wearing Course. Inlet grates shall be constructed of welded steel and shall be of the bicycle-safe design type.

Culverts and bridges. When natural drainage channels intersect any street right-of-way, it shall be the responsibility of the developer to have satisfactory bridges and culverts designed and constructed. Where culverts are required, the following minimum requirements shall be observed.

All culverts shall extend across the entire right-of-way width of the proposed road. The cover over the culvert and its capacity shall be determined by the responsible governmental official, depending on jurisdiction. The minimum diameter of a culvert pipe shall be 15 inches. Headwalls, depending on existing drainage conditions, may be required.

Driveway culverts shall have a minimum length of 20 feet. The diameter of driveway culverts shall be subject to the determination of the responsible governmental official, depending upon jurisdiction. The driveway culverts shall be laid so as to maintain the flow lines of the ditch or gutter. Headwalls may be required.

The construction of stormwater drainage improvements shall be subject to compliance with Chapter 144, Stormwater Management, as amended.

§ 156-27 Water supply.

Public water supply. The developer shall construct a system of water mains and connect with such public water supply and provide a connection for each lot. Mains shall be extended to the subdivision boundary when required by the Commission. If water is to be provided from a source other than private wells owned and maintained by individual owners of lots, evidence shall be submitted 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.

Fire hydrants. In all subdivisions where public water is provided, fire hydrants shall be installed. Every lot in the subdivision shall be within 600 feet of a fire hydrant.

Individual water supply.

Individual private wells shall be located in accordance with the requirements of the Pennsylvania Department of Environmental Protection.

As a precaution against seepage, a watertight seal shall be provided around the pump mounting.

All abandoned wells shall be sealed in a manner that will render them watertight.

In all cases where it has been determined that individual water supplied from private wells is not feasible, a public water distribution system will be required.

§ 156-28 Sewage disposal.

Sanitary sewers. If a subdivision can be reasonably served by the extension of an existing public sanitary sewer, or separate treatment works is to be constructed, the developer shall provide, where necessary, the separate treatment sewage plant and a system of sanitary sewer mains and shall provide lateral connection for each lot. Sewer mains and sewer easements shall be extended to the subdivision boundaries when required by the Board based on the recommendation of the Planning Commission.

[Amended 1-18-2017 by Ord. No. 914]

If on-lot sewage disposal systems are to be used, septic tanks shall be installed as approved by the Pennsylvania Department of Environmental Protection.

§ 156-29 Monuments and markers.

[Amended 11-12-2002 by Ord. No. 758]

All subdivisions and land developments within the Township of Penn shall conform to the following standards:

Monuments and markers shall be placed so that the scored or marked point shall coincide exactly with the intersection of lines to be marked and shall be set so that the top of the monument or marker is level with the surface of the surrounding ground.

Visibility.

Monuments marking common green areas or dedicated recreation areas shall be so marked and readily visible at a height of six feet. The monument for said marking may be a wooden post or other similar object.

Monuments shall be readily visible and set at the intersection of all lines forming angles in the boundary of the subdivision or land development.

Markers shall be set at the beginning and ending of all curves along the street property lines; at all points where lot lines intersect curves, either front or rear; at all angles in property lines of the lots; and at all other lot corners.

Monuments may be of the following two types:

Cut stone six inches by six inches by three feet long with a three-inch diameter aluminum or bronze marker grouted on top;

Concrete six inches by six inches by three feet long with a one-half-inch diameter brass bar being the entire length having a three-inch diameter brass top attached to the bar; or grout a three-inch diameter aluminum or bronze marker on top.

It shall be unlawful for any person, individual, partnership, corporation or other entity to remove either a marker or monument which has been set and established as required herein. Any person, individual, corporation, partnership or other entity which shall violate the prohibition set forth herein shall be subject to the fines and penalties as set forth in § 156-42 of the Code of the Township of Penn.

Markers shall consist of iron pins or steel bars 5/8 of an inch diameter, 18 inches long. Markers shall have a rebar cap placed on top.

There shall be placed next to each monument a Carsonite witness post or equivalent, which shall designate the subdivision name and the name of the professional land surveyor that set the monument in place.

All monuments and markers shall be placed by a registered professional land surveyor.

With the filing of a request for final approval, the applicant shall provide as part of its financial security a bond in the amount of 110% of the cost to install the monuments and markers.

Upon placement of the monuments and markers, the Township shall be notified by the applicant or his representative, and the same shall be inspected by the Township of Penn or its designated representative. Upon satisfactory inspection by the Township, the financial security required in Subsection I shall be released.

§ 156-30 Utilities and other improvements.

Every lot in a subdivision shall be capable of being served by utilities, and easements acceptable to the utility companies shall be provided.

Electric, gas and other utility distribution lines shall be installed within public rights-of-way or within properly designated easements.

Underground utility lines located in street rights-of-way shall not be installed beneath existing or proposed paved areas.

Fire hydrants, at a maximum distance of 1,200 feet between each hydrant, shall be installed in each new residential subdivision or in each addition to an existing residential subdivision at the expense of the developer.

§ 156-31 Improvement completion certification; guaranty of installation.

Prior installation. Before approval of a final plat of a subdivision, the Engineer shall furnish the Commission and the governing body with a certificate stating that all the improvements set forth in Article IV of this chapter have been completed.

Guaranty of installation.

In lieu of completion of any improvements required prior to and as a condition for final approval of a plat, the applicant shall deposit a completion guaranty, as defined herein, in favor of the Township, in an amount equal to 110% of the cost of completion of the improvements estimated as of 90 days following the date scheduled for completion by the developer.

Annually, the Township may adjust the amount of the completion guaranty by comparing the actual cost of the improvements which have been completed and the estimated cost for completion of remaining improvements as of the expiration of the 90th day after either the original date scheduled for completion or a rescheduled date of completion. Subsequent to said adjustment, the Township may require the developer to post additional security in order to assure that the completion guaranty equals said 110%. Any additional security shall be posted by the developer in accordance with the procedure specified in this section.

The amount of the completion guaranty required shall be based upon a written estimate of the cost of completion of the required improvements, submitted by an applicant or developer and prepared by an engineer and certified by such engineer to be a fair and reasonable estimate of such cost. The Township, upon recommendation by the Township Engineer, may refuse to accept such estimate for good cause shown. If the applicant or developer and the Township are unable to agree upon an estimate, then the estimate shall be recalculated and recertified by another professional engineer licensed as such in the commonwealth and chosen mutually by the Township and the applicant or developer. The estimate certified by the third engineer shall be presumed fair and reasonable and shall be the final estimate. In the event that a third engineer is so chosen, fees for the services of said engineer shall be paid equally by the Township and the applicant or developer.

If the party posting the completion guaranty requires more than one year from the date of posting of the completion guaranty to complete the required improvements, the amount of the completion guaranty may be increased by an additional 10% for each one-year period beyond the first anniversary date from posting of the completion guaranty or to an amount not exceeding 110% of the cost of completing the required improvements as reestablished on or about the expiration of the preceding one-year period by using the procedure in this section for establishing the amount of the completion guaranty.

§ 156-32 Acceptance of public improvements.

When the developer has completed the required public improvements in a plan, the developer shall notify the Township, in writing, by certified or registered mail and shall send a copy thereof to the Township Engineer. Within 10 days of the receipt of such notification, the Board shall authorize the Township Engineer to conduct a final inspection of the public improvements to determine compliance with the requirements of this chapter and the specifications shown on the approved construction drawings.[1]

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

Upon completion of the public improvements in a plan, as-built plans and profiles of the public improvements, as constructed, shall be filed with the Township Engineer, by the developer, within 10 days following the date of mailing of the notice of completion.

Final inspection and acceptance of the public improvements by the Township shall be in accordance with the procedures specified by the Pennsylvania Municipalities Planning Code, specifically 53 P.S. § 10510.[2]

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

Upon completion of final inspection and approval of the public improvements by the Township, the developer shall submit a request to the Board, in writing, to accept the dedication of the public improvements. The request for acceptance shall include deeds of dedication and all other legal descriptive documents necessary to prepare an ordinance and shall be submitted at least 10 calendar days prior to the regular meeting of the Board. At the regular meeting, the Board shall enact an ordinance accepting the public improvements as part of the Township's public facilitates, subject to the posting of the maintenance bond required by § 156-33 of this chapter.

No property or public improvements shown on the final plat shall be considered to have been finally accepted by the Township until the dedication thereof has been officially accepted by adoption of an ordinance of the Township, duly enacted and advertised in accordance with law.

§ 156-33 Posting of maintenance bond.

When the Board accepts dedication of all or some of the required public improvements in a plan, following its completion, the Board shall require posting of a maintenance bond, as defined herein, to insure the structural integrity of the improvements and to guarantee the proper functioning of those improvements in accordance with the requirements of this chapter and the specifications of the approved construction drawings.

The term of the maintenance bond shall be for a period of 18 months from the date of acceptance of the public improvements by the Board. The amount of the maintenance bond shall be 15% of the actual cost of installation of the public improvements.

§ 156-34 Provisions for maintenance and operation.

Where the subdivision contains sewers, sewage treatment plants, water supply systems, park areas, street trees or other physical facilities, necessary or desirable for the welfare of the area and which are of common use or benefit and which are of such character that the governing body or other public agency body does not desire to maintain them, then provision shall be made by trust agreements, which are a part of the deed restrictions and which are acceptable to the governing body for the proper and continuous maintenance and supervision of such facilities by the lot owners in the subdivision.

§ 156-34.1 Public sites and open spaces.

[Added 2-27-2002 by Ord. No. 749; amended 8-15-2007 by Ord. No. 838; 6-21-2017 by Ord. No. 918]

In reviewing any plan for residential subdivision or residential land development (as the same is defined herein), the Penn Township Planning Commission shall consider the parks, open space and recreational needs of the additional residents and/or employees proposed by the development and shall discuss its findings and the further requirements of this section with the applicant as it deems necessary to be in the public interest.

In all residential subdivisions or residential land developments, the applicant shall set aside land for parks and recreational purposes based upon the following formula: Amount of Land = [number of dwelling units] x [occupancy factor] x .028.

Occupancy factors shall be determined by the number of residents who may occupy a certain type of dwelling unit. For purposes of administering this chapter, the occupancy factor shall be as follows:

Single-family detached dwellings: 3.0.

Single-family attached (includes duplex units, quads, townhouses): 2.0.

All other residential units (includes apartments, community living arrangements, group homes, institutional residential uses and retirement communities): 1.5.

Alternatively, the applicant may offer a fee-in-lieu, as per § 156-34.1C. If the set-aside requirements, as applied to a particular tract of land, are illogical or impractical in terms of the criteria and standards in § 156-34.1D, the Township may decline any such proposed alternative.

Alternatively, the applicant may offer to construct park and recreation facilities if the value of the facilities equals or exceeds the amount of a fee-in-lieu, as per § 156-34.1C. The Township of Penn may decline any such proposed alternative.

All lands proposed for dedication shall meet the criteria listed in § 156-34.1D.

Alternatively, the applicant may offer trail easements in accordance with § 156-34.1J. Credit for land dedication requirements shall be equal to the calculated area of the easement/right-of-way and reduction of fee-in-lieu shall be in proportion to the land required. The Township of Penn may decline any such proposed alternative.

Fee-in-lieu.

For all subdivisions and residential land developments, the amount of fee-in-lieu shall be calculated on a per-unit basis as follows and shall be provided for each unit or building lot proposed.

Single-family detached: $_____ per unit.[1]

Editor’s Note: Dollar amount to be determined.

Single-family attached: $_____ per unit.[2]

Editor’s Note: Dollar amount to be determined.

All other residential units: $_____ per unit.[3]

Editor’s Note: Dollar amount to be determined.

The preceding values are approximated based on the following formula: required acres per unit as detailed in § 156-34.1B(1) x average per-acre value of raw residentially zoned land in the Township of Penn.

As of the effective date of this chapter, the average per-acre value of raw residentially zoned land in the Township of Penn shall equal $_____.[4]

Editor’s Note: Dollar amount to be determined.

(f)

At a minimum, the Township of Penn shall reassess the aforementioned per-acre value of raw residentially zoned land every three years, with the first such assessment and corresponding three-year period concluding at the end of the 2010 calendar year. The assessment shall be based upon a review of comparable land sales throughout the Township of Penn. The average per-acre value, as mentioned, shall be amended accordingly.

Credit for land dedication requirements shall be equal to the calculated area of the easement/right-of-way; reduction of fee-in-lieu shall be in proportion to the land required.

All monies collected in lieu of land shall be kept in a fund, which shall be used only for the acquisition of open space land or capital improvements for parks and recreation purposes within the Township of Penn at locations consistent with the Comprehensive Parks, Recreation and Open Space Plan of the Township of Penn.

Open space characteristics and design standards. In designating areas for parks and recreation areas within the subdivision and land development plan, the following criteria and standards shall be adhered to by the applicant. Areas shall be:

Consistent with the Township of Penn's Comprehensive Parks, Recreation and Open Space Plan.

Suitable for active and passive recreational uses to the extent deemed necessary by the Board of Commissioners of the Township of Penn as recommended by the Penn Township Planning Commission without interfering with adjacent dwelling units, parking, driveways, and roads. A minimum of 25% of the total land area to be dedicated for open space and recreation purposes shall be suitable for active recreational use as specified in § 156-34.1E.

Composed of no more than 25% environmentally sensitive lands (including floodplains, wetlands, slopes exceeding 25% and surface waters).

Composed of areas not less than 100 feet in width, and not less than 10,000 square feet of contiguous area, except when part of a trail system or pathway network.

Interconnected with common open space areas on abutting parcels whenever possible, including provisions for pedestrian pathways for general public use to create linked pathway systems within the Township of Penn, as defined by the Comprehensive Parks, Recreation and Open Space Plan.

(6)

Provided with sufficient perimeter when necessary and with safe and convenient access by adjoining street frontage or other rights-of-way or easements capable of accommodating pedestrian, bicycle, and maintenance and vehicle traffic, and containing appropriate access improvements.

(7)

Undivided by any public or private streets, except where necessary for proper traffic circulation, and then only upon recommendation of the Penn Township Engineer and the Penn Township Planning Commission.

(8)

Free of all structures, except those related to outdoor recreational use.

(9)

Made subject to such agreement with the Township of Penn and such deed restrictions duly recorded in the Office of the County Recorder of Deeds as may be required by the Board of Commissioners of the Township of Penn for the purpose of preserving the common open space for such use.

(10)

All land proposed to be dedicated shall be suitable for the use intended and shall be free of all encumbrances and liens. All land to be dedicated shall include a provision for physically identifying the boundaries where public or common lands meet private lands.

(11)

Land to be dedicated shall consist of one parcel with no intervening private land, unless recommended by the administration and the Penn Township Planning Commission and approved by the Board of Commissioners of the Township of Penn.

Requirements for active recreation land.

Land to be dedicated should be located within the development site unless agreed otherwise by the Board of Commissioners of the Township of Penn upon recommendation by the administration and the Penn Township Planning Commission.

Land proposed for parks, playgrounds or other active recreational use shall have a slope no greater than 8%, either in its natural state or after grading by the developer.

Such land shall specifically not include any drainage swales or other components of any stormwater management system.

Such land shall not include any areas of jurisdictional wetlands as defined by the United States Army Corps of Engineers or the Pennsylvania Department of Environmental Protection.

Areas designated for active recreation shall be visible from a public street and shall have at least 100 feet of frontage on a public street.

(6)

Active recreation lands shall be provided with the same access to utilities (electric, telephone, gas, water, sewer, etc.) as lots within the development.

(7)

Areas designated for active recreation shall be designed as a focal point or core feature of the development.

(8)

Pedestrians and bicyclists shall have access to the active recreation area from each dwelling unit via, in order of preference:

Dedicated public rights-of-way;

Sidewalks, if provided in the development;

Pedestrian easements;

Road berm.

Active recreation area shall be easily and safely accessible from all areas of the development and shall have adequate ingress and egress, including site distance and other requirements. Parking areas for access to the active recreation area shall be identified.

To the maximum extent feasible, the shape of the property proposed to be dedicated shall maintain a length-to-width ratio not to exceed four to one; exceptions may be made to this requirement based upon the proposed active recreation use of the land.

Trail easements may fulfill the requirements of active recreation area upon recommendation by the Penn Township Planning Commission and approval by the Board of Commissioners of the Township of Penn.

Ownership and maintenance of parks and recreation areas. Different ownership and management options apply to the permanently protected park and recreation land created through the development process as defined in this chapter. The land shall remain undivided and may be owned and managed by a homeowners' association, a governmental body, or a recognized land trust or conservancy. A narrative describing ownership, use and maintenance responsibilities shall be submitted for all common and public improvements.

Ownership standards. Common park and recreation land within a development shall be owned, administered and maintained by any of the following methods, either individually or in combination, subject to the approval of the governing body.

Offer of dedication. The Township of Penn shall have the first and last offer of dedication of undivided park and recreation land in the event said land is to be conveyed. Dedication shall take the form of a fee-simple ownership. The Township of Penn may, but shall not be required to, accept undivided park and recreation land, provided:

Such land is accessible to residents of the Township of Penn.

There is no cost of acquisition other than costs incidental to the transfer of ownership, such as title insurance.

The Township of Penn agrees to and has access to maintain such lands.

Where the Township of Penn accepts dedication of common park and recreation lands that contain improvements, the Township of Penn may require the posting of financial security to ensure structural integrity of said improvements as well as the function of said improvements for a term not to exceed 18 months from the date of acceptance of dedication. The amount of financial security shall not exceed 15% of the actual cost of installation of said improvements.

The Board of Commissioners of the Township of Penn may designate any municipal, intermunicipal or county governing body or authority to accept the dedication of common park and recreation land, subject to the above-listed provisions.

Homeowners' association. The undivided park and recreation land and associated facilities may be held in common ownership by a homeowners' association. The association shall be formed and operated under the following provisions:

The developer shall provide a description of the association, including its bylaws and methods for maintaining the park and recreation land.

The association shall be organized by the developer and be operated with financial subsidization by the developer before the sale of any lot within the development.

Membership in the association is automatic (mandatory) for all purchasers of lots or homes therein and their successors. The conditions and timing of transferring control of the association from developer to homeowners shall be identified.

The association shall be responsible for maintenance, insurance and taxes on undivided park and recreation land, enforceable by liens placed by the Township of Penn.

The members of the association shall share equitably in the costs of maintaining and developing such undivided open space. Shares shall be defined within the association bylaws.

(f)

In the event of a proposed transfer, within the methods here permitted, of undivided park and recreation land by the homeowners' association, or of the assumption of maintenance of undivided park and recreation land by the Township of Penn or its designee, notice of such action shall be given to all property owners within the development.

(g)

The association shall have or hire adequate staff to administer common facilities and properly and continually maintain the undivided park and recreation land.

(h)

The homeowners' association may lease park and recreation lands to any other qualified person or corporations for operation and maintenance of open space lands, but such a lease agreement shall provide:

That the residents of the development shall at all times have access to the park and recreation lands contained therein;

That the undivided park and recreation land to be leased shall be maintained for the purposes set forth in this chapter; and

That the operation of park and recreation facilities may be for the benefit of residents only or may be open to the residents of the Township of Penn, at the election of the developer and/or homeowner's association, as the case may be.

(i)

The lease shall be subject to the approval of the Board of Commissioners of the Township of Penn, and any transfer or assignment of the lease shall be further subject to the approval of the Board of Commissioners of the Township of Penn. Lease agreements so entered upon shall be recorded with the Westmoreland County Recorder of Deeds within 30 days of their execution, and a copy of the recorded lease shall be filed with the Penn Township Secretary.

(j)

Condominiums. The undivided park and recreation land and associated facilities may be controlled through the use of condominium agreements approved by the Board of Commissioners of the Township of Penn. Such agreements shall be in conformance with the commonwealth's Uniform Condominium Act.[5] All undivided park and recreation land shall be held as a "common element."

[5]

Editor’s Note: See 68 Pa.C.S.A. § 3101 et seq.

(k)

Dedication of easements. The Township of Penn may, but shall not be required to, accept easements for public use of any portion or portions of undivided park and recreation land, title of which is to remain in ownership by a condominium or homeowners' association, provided:

Such land is accessible to the Township of Penn residents.

There is no cost of acquisition other than costs incidental to the transfer of ownership, such as title insurance.

A satisfactory maintenance agreement is reached between the developer, condominium or homeowners' association and the Township of Penn.

The Township of Penn may designate any municipal, intermunicipal or county body or authority to accept such easements, subject to the above-listed provisions.

(l)

Transfer of easements to private conservation organization. With the permission of the Board of Commissioners of the Township of Penn, an owner may transfer easements to a private, nonprofit organization among whose purposes it is to conserve parks, recreation lands and facilities, open space and/or natural resources, provided that:

The organization is acceptable to the Township of Penn and is a bona fide conservation organization with perpetual existence;

The conveyance contains appropriate provision for proper reverter or retransfer in the event that the organization becomes unwilling or unable to continue carrying out its functions; and

A maintenance agreement acceptable to the Board of Commissioners of the Township of Penn is entered into by the developer and the organization.

(m)

Maintenance standards.

The ultimate owner of the park and recreation land (typically a homeowners' association) shall be responsible for raising all moneys required for operations, maintenance or physical improvements to the park and recreation land through annual dues, special assessments, etc. The homeowners' association shall be authorized under its bylaws to place liens on the property of residents who fall delinquent in payment of such dues, assessments, etc.

In the event that the association or any successor organization shall at any time after establishment of a development containing undivided open space fail to maintain the undivided park and recreation land in reasonable order and condition in accordance with the development plan, the Township of Penn or its designee may serve written notice upon the owner of record, setting forth the manner in which the owner of record has failed to maintain the undivided park and recreation land in reasonable condition.

Failure to adequately maintain the undivided park and recreation land in reasonable order and condition constitutes a violation of this chapter. The Township of Penn, or its designee, is hereby authorized to give notice, by personal service or by United States Mail, to the owner or occupant, as the case may be, of any violation, directing the owner to remedy the same within 20 days.

Should any bill or bills for maintenance of undivided park and recreation land by the Township of Penn or its designee be unpaid by November 1 of each year, a late fee of 15% shall be added to such bill, and a lien shall be filed against the premises in the same manner as other municipal claims.

Municipal trail easements. This subsection outlines standards by which the Township of Penn may accept trail easements as land dedication within proposed open space that does not otherwise meet the requirements of Subsection D, Open space characteristics and design standards.

Any right-of-way, easement, or other encumbrance, hereinafter being referred to simply as "right-of-way," allowing for future construction of a trail within any area of a development shall be expressly defined and clearly marked to scale on all plot plans prior to final plan approval and shall be defined by appropriate survey.

All trail rights-of-way shall be recorded in any covenants of the development or homeowners' association. All public trail rights-of-way within a plan shall be disclosed to all purchasers of parcels within said plan prior to purchase.

Trail location and easement standards.

Trail rights-of-way shall not exceed 20 feet in width to assist in the ability to locate the tread portion of the trail within the right-of-way. Treadway or improved area width shall not exceed six feet.

Boundaries of all trail rights-of-way shall be set back at least 25 feet from the parcel boundaries of the parcel on which the easement is located and are encouraged to be located at the greatest distance from said property lines, where conditions permit.

Trail connectors shall be exempted from the aforementioned setback requirements. A trail connector is defined as the point of entry to the trail from a point of public access such as a public road.

Trail construction and use standards. The Township of Penn, through its subsequent policies and standards, shall adhere to the following standards regarding the utilization of trail easements conveyed.

Motorized vehicles shall be prohibited. Equestrian usage may be approved by Council. All trails shall be clearly identified by appropriate signage. Trails shall be blazed to identify their location and ensure that all traffic stays within the prescribed boundaries.

The use of trails shall be restricted to the hours from dawn to dusk.

All trails shall be constructed in accordance with appropriate guidelines and standards as recommended by the Penn Township Planning Commission and used in municipal park trail development.

The Township of Penn may, at its discretion, use municipal employees, contract with vendors, or utilize community volunteers to construct and/or maintain trails.