A.
The following principles, standards and requirements
shall be applied by the Board in evaluating plans for proposed subdivision
and land development. In addition, the standards set forth in the
Willistown Township Zoning Ordinance[1] for the particular district in which the subdivision or
land development is taking place shall govern the layout of lots and/or
design of buildings, parking lots and other facilities.
B.
The standards and requirements outlined herein shall
be considered minimum standards and requirements for the promotion
of public health, safety and general welfare.
C.
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 compliance with the objectives of this Part 1.
A.
Land shall be suited to the purposes for which it
is to be subdivided or developed. Proposed land developments shall
be coordinated with existing nearby neighborhoods so that the community
as a whole may develop harmoniously.
B.
No land shall be developed for residential purposes
unless all hazards to life, health or property from flood, fire and
disease shall have been eliminated or unless the plans for the land
development shall provide adequate safeguard against such hazards.
For example, low-lying wetlands which are swampy or are subject to
periodic flooding shall not be platted for residential development
or designated for such other uses as may involve danger to health,
safety or the general welfare of the citizens unless adequate permanent
drainage is provided and unless provision is made and indicated on
the plan for adequate and healthful disposal of sanitary sewage and
drainage of surface and subsurface water. In addition, all plans must
comply with all applicable laws and regulations of the Commonwealth
of Pennsylvania and of the United States of America, including, by
way of example and not by way of limitation, the Pennsylvania Dam
Safety and Encroachments Act[1] and the Federal Clean Water Act.
[1]
Editor's Note: See 32 P.S. § 693.1
et seq.
A.
The length, width and shape of blocks shall be determined
with due regard to:
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 by an easement for emergency access.
C.
Residential blocks shall be of sufficient depth to
accommodate two tiers of lots, except where reverse frontage lots
are used.
B.
Except as provided in Subsection G below, all lots shall have frontage on and direct access to a street, existing or proposed. Each lot shall have, in addition to the required minimum width at the front lot line, sufficient free and complete access to an existing street cartway or right-of-way to avoid the need to cross any portion of another lot to reach such street.
C.
In general, side lot lines shall be substantially
at right angles or radial to street lines.
D.
The Township shall give consideration to proposed
flexibility in lot layout so that the siting of residences may take
maximum advantage of solar energy.
E.
Any proposed residential lots abutting an existing
or proposed arterial or collector street in the Township shall be
designed as reverse frontage lots having direct access only to an
interior street, as specified in the Willistown Township Zoning Ordinance.[2] This requirement may be waived by the Board of Supervisors
if in its judgment the advantages to the Township of compliance with
this standard are outweighed by the applicant's resulting inability
to meet other requirements of this Part 1 or the Zoning Ordinance
(minimum dimensions, layout of lots, disturbance of slopes, etc.);
or compliance would be unreasonable or impractical due to the size
of the proposed development, configuration of the site, etc.
F.
House numbers and street names shall be assigned to
each lot by the Township.
G.
Lot restrictions; access strip.
(1)
No more than two contiguous interior lots shall be
formed. The creation of such lots shall be permitted in any planned
subdivision only in those circumstances where required by the configuration
of the site. No more than 10% of the total subdivision shall be developed
as interior lots. Under no circumstances shall the applicant be permitted
to use interior lot design to avoid constructing an interior street.
(2)
No more than two lots in depth (i.e., one tier of
interior lots) shall be created along a new or existing street. Access
to any other lots shall be directly from a new street.
(3)
An interior lot shall have an access strip with a
minimum width of 25 feet connecting to a street. Such access strip
shall have a minimum width of 25 feet for its entire depth.
H.
On a cul-de-sac street, no part of a fifth lot and
no more than four lots may have any frontage or driveway on the circumference
of the turnaround or its reverse radius.
A.
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, and shall be classified according
to their function.
B.
Proposed streets shall further conform to such Township
and state road and highway plans as have been prepared, adopted and
filed as prescribed by law.
C.
Thoughtful and imaginative design of streets and their
relationship to the arrangement and shape of lots is required. Streets
shall be logically related to topography to produce usable lots, curvilinear
design, reasonable grades, proper alignment and drainage, to provide
for adequate vision and to enhance utilization of solar energy.
D.
Minor streets shall be laid out as to discourage through
traffic; but provisions for street connections into and from adjacent
areas will generally be required.
E.
If lots resulting from original subdivision are large
enough to permit resubdivision or if a portion of the tract is not
subdivided, adequate street rights-of-way to permit further subdivision
shall be provided as necessary, to be no less than the rights-of-way
then required for local service streets.
F.
Major traffic street.
(1)
Where a land development abuts or contains an existing
or proposed major traffic street or arterial highway, the Board may
require dedication of additional rights-of-way to provide the minimum
right-of-way specified hereinafter 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.
(2)
Where warranted because of additional traffic, drainage
or comparable problems or conditions, both sides of the major street
are to be improved as a responsibility of the developer himself or
by means of sufficient funds escrowed for use by the Township to execute
such improvement.
G.
New half or partial streets shall not be permitted
except where essential to reasonable land development of a tract in
conformance with the other requirements and standards of this Part
1 and where, in addition, dedication of the remaining part of the
street has been secured.
H.
Wherever a tract to be developed borders an existing
half or partial street, the other part of the street shall be plotted
within such tract. Where half or partial streets are proposed, the
acceptance of final plans shall be conditioned upon the provisions
of guaranties providing for the construction or completion of such
streets to Township standards.
I.
Dead-end streets shall be prohibited, except as stubs
to permit future street extension into adjoining tracts, or when designed
as culs-de-sac.
J.
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 Eastern Chester
County 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 designs
with both municipalities to avoid abrupt changes in cartway width
or in improvements provided.
K.
New streets shall be laid out to continue existing
streets at equal or greater width, as regards both the cartway and
right-of-way, where such continuations are reasonable and practical.
A.
Cul-de-sac streets permanently designed as such shall not serve more than 24 lots nor exceed 1,600 feet in length from existing streets or from proposed streets having more than one access. The Board, at its sole discretion, may approve lengths in excess of 1,600 feet if the configuration of the tract puts constraints on alternative access or if similar site design problems exist so that in the opinion of the Board the purposes of this Part 1 will be more satisfactorily accomplished by permitting such additional length. Cul-de-sac streets shall have a minimum length of 250 feet and shall be provided at the closed end with a paved turnaround having a minimum diameter to the outer pavement edge of 90 feet and a minimum right-of-way diameter of 110 feet. Plans submitted under the requirements of the Open Space Conservation District shall be permitted to modify the requirements for cul-de-sac streets consistent with approved street right-of-way and cartway widths pursuant to § 123-25 upon approval by the Planning Commission and the Board of Supervisors.
[Amended 6-28-1999 by Ord. No. 2-1999; 3-13-2023 by Ord. No. 2-2023]
B.
The turnaround right-of-way of a cul-de-sac street
shall be placed adjacent to the tract boundary with sufficient additional
right-of-way width provided along the boundary line to permit extension
of a street at full width, unless future expansion of a cul-de-sac
street is clearly impractical or undesirable. The small triangles
of land beyond the cul-de-sac to the boundary shall be so deeded that
maintenance of these corners of land will be the responsibilities
of the adjoining owners until the roadway is continued.
C.
The turnaround portion of a cul-de-sac street shall
have a maximum slope of 5% across the diameter in any direction.
D.
Cul-de-sac streets with center line slopes less than
2% which are level or nearly so across the diameter perpendicular
to the center line must be graded so that there is a minimum two-percent
fall in all drainage swales around the cul-de-sac.
E.
The Board,
at its sole discretion, may approve other designs for the closed end
of a single-access street, provided that adequate provision is made
for the maneuverability, access and egress of emergency, trash and
snow-removal vehicles.
F.
Where the proposed design of a single-access street includes an island
at its closed end, arrangements acceptable to the Township must be
made for landscaping with appropriate ground cover, or alternative
treatment, and for regular maintenance. Curbs or mountable curbs will
be considered on a case-by-case basis where the applicant proposes
to incorporate a landscape island that reduces impervious coverage,
minimizes runoff, and assists with stormwater management.
[Amended 3-13-2023 by Ord. No.
2-2023]
G.
No parking shall be permitted on the cul-de-sac turnaround in order
to facilitate access for emergency vehicles. Signage prohibiting parking
shall be placed on the turnaround.
[Added 3-13-2023 by Ord. No. 2-2023]
A.
The minimum rights-of-way and cartway widths for all
new streets in the Township shall be as follows:
[Amended 6-28-1999 by Ord. No. 2-1999]
Type of Street
|
Right-of-Way
(feet)
|
Cartway
| |
---|---|---|---|
Principal arterial
|
80
|
Penn DOT Standard
| |
Minor arterial
|
50
|
Penn DOT Standard
| |
Major collector
|
50
|
26 feet
| |
Minor collector*
|
50
|
24 feet (with curb) 22 feet (without curb)
| |
Local*
|
50
|
22 feet (with curb) 20 feet (without curb)
| |
Private, if permitted pursuant to § 123-32
|
50
|
22 feet (with curb) 20 feet (without curb) 18 feet (if permitted pursuant to § 123-32B)
|
NOTE:
*Plans submitted under the requirements of the
Open Space Conservation District shall be permitted to modify the
requirements for minor collector streets and local streets, provided
that the right-of-way is not less than 34 feet and the cartway is
not less than 18 feet. In all events, the right-of-way shall extend
no less than eight feet beyond both edges of the cartway. The minimum
widths of the right-of-way and cartway shall not be less than the
above unless approved by the Board of Supervisors upon recommendation
by the Planning Commission and Township Engineer.
| ||
---|---|---|
B.
Minimum cartway widths, as established herein for
most residential streets, are not designed to accommodate on-street
parking. Additional right-of-way and cartway widths may be required
by the Board for the following purposes:
(1)
To promote public safety and convenience.
(2)
To provide parking space in commercial districts and
in areas of high density residential development.
(3)
To accommodate special topographical circumstances
which may result in cut/fill slopes extending beyond the standard
right-of-way width. These should in all circumstances be included
within the right-of-way to assure accessibility for maintenance operations.
C.
Rights-of-way of less width than prescribed in this
section shall not be permitted.
D.
Subdivisions abutting existing streets shall provide,
for dedication, the minimum right-of-way widths for those streets
in accordance with the provisions of this section.
A.
All deflection of street lines shall be connected
by use of horizontal curves.
C.
A tangent shall be required between curves; however,
a long radius curve shall be preferred in all cases to a series of
curves and tangents. Tangents of 100 feet shall be required between
reverse curves.
D.
Superelevation (commonly known as "banking a curve")
shall be required when curve radii are less than 600 feet on collector
streets and major thoroughfares.
A.
Center-line grades shall be not less than 1%.
B.
Center-line grades shall not exceed 7%, except that
a maximum grade of 10% on local streets may be permitted for short
lengths, in no event exceeding 300 feet, where natural contours provide
conditions for minimal grading at the steeper grade.
C.
Vertical curves.
(1)
Vertical curves shall be used at change of grade exceeding
1% and shall be designed in relation to the extent of the grade change
(at a rate no more abrupt than 1% change in grade per 25 feet along
the center line), provided that the following minimum sight distances
are maintained:
(2)
Vertical curves shall not produce excessive flatness
in grade. There shall be no dips, cross-gutter bumps or humps in the
paving.
D.
Under no conditions will maximum grades be permitted
with minimum curve radii.
E.
Where the grade of any street at the approach to an
intersection exceeds 4%, a leveling area shall be provided having
not greater than four-percent grades for a distance of 40 feet measured
from the nearest right-of-way in the intersecting street.
A.
Right-angle intersections shall be used whenever practicable,
especially when local residential streets empty into arterial streets.
There shall be no intersection angle measured at the center line of
less than 60°.
B.
No more than two streets shall cross at the same point.
C.
To the fullest extent possible, intersections involving
arterial streets shall be located not less than 1,000 feet apart,
measured from center line to center line. Exceptions shall be those
cases deemed by the Board to require close spacing without endangering
the public's safety.
D.
Streets entering the opposite sides of another street
shall either be directly across from each other or offset by at least
200 feet on local and collector streets, and 400 feet on arterial
streets, measured center line to center line.
E.
Corner curb radii shall be according to the following
schedule of minimum lengths: local and collector streets, 30 feet;
and arterial streets, 35 feet. Where streets of different categories
intersect, the greater requirement shall prevail.
F.
The right-of-way line for corner curbs shall be an
arc concentric with the curbline with radius of a minimum of 20 feet
or shall be a triangle constructed by drawing the chord of an arc
concentric with the curbline with a radius of a minimum of 15 feet.
G.
Minimum paving radius of 30 feet shall be provided
at all intersections. The Board may increase the required radii where
it considers such design advisable at intersections involving major
thoroughfares.
H.
All necessary street name signs and traffic control
signs shall be provided and erected by the developer. The street signs
shall be of the type existing in the neighborhood and shall be subject
to approval by the Board. Street signs shall be erected before acceptance
of the street.
I.
Clear sight triangles shall be provided at all street
intersections. Within such triangles, no vision-obstructing object
shall be permitted which obscures vision above the height of 30 inches
or below 10 feet measured from the center-line grade of intersecting
streets. Each side of the sight triangle shall be a minimum of 75
feet measured from the point of intersection along each road center
line.
J.
Intersections shall be controlled by warranted traffic
control signs, except that one through street may be designated for
each intersection, or by traffic signals as may be required.
K.
In designing street intersections, the following vehicle
sight distance dimensions shall be used:
Posted Speed of Intersected Street
(or Design Speed for Proposed Street)
|
Vehicle Sight Distance (measured from
a point set back 15 feet from the intersected pavement edge on the
street controlled by a traffic control sign or signal)
(feet)
| |
---|---|---|
Stop condition (all streets)
|
75
| |
25 mph
|
175
| |
35 mph
|
300
| |
45 mph
|
450
| |
55 mph
|
600
|
L.
Greater sight triangles imposed by Pennsylvania Department
of Transportation for intersections with the state highway system
shall supersede the above.
Deceleration or turning lanes may be required
by the Township along existing and proposed streets whenever such
lanes appear to the Board to be required by reasonable safety needs
as determined by a traffic impact study or otherwise by the Board.
A.
Deceleration lanes shall be designed to the following
standards:
(1)
The lane shall have a minimum width of 12 feet or,
in the case of intersections with state highways, such widths as are
required by the applicable regulations and standards of the Pennsylvania
Department of Transportation.
(2)
The lane shall provide the full required lane width
for the entire length, which shall be measured from the center line
of the intersecting road. In addition, there shall be a seventy-five-foot
taper provided at the beginning of the lane so that traffic can leave
the main traveled lane smoothly.
(3)
The minimum lane length shall be as follows:
Design Speed of Road
(mph)
|
Minimum Deceleration Lane Length
(feet)
| |
---|---|---|
30
|
165
| |
40
|
275
| |
50
|
300
|
B.
Acceleration lanes are only required when indicated
as needed by a traffic impact study. The design shall be as per the
recommendation of the Township Engineer. As necessary, a paved taper
shall be provided for right-hand turns.
[Amended 5-19-1998 by Ord. No. 3-1998]
A.
Submission.
(1)
A traffic impact study is required for any development
which intends to access an arterial or collector road when any of
the following conditions apply:
(a)
The proposed development consists of more than
any one of the following:
[1]
Forty-five single-family detached dwelling units.
[2]
Eighty dwelling units other than single-family
detached.
[3]
Ten thousand square feet gross leasable area
of commercial use(s).
[4]
Seventeen thousand square feet of office use(s).
[5]
Fifty thousand square feet of industrial use(s).
[6]
Thirty thousand square feet of institutional
use(s).
(b)
Any use or combination of uses which will generate
more than 1,500 vehicle trips per day.
(c)
The proposed development is located within 1/4
mile of any roadway or intersection which is already heavily congested
or is operating at or below a level of service of "D." In order to
determine the location of any such roadway or intersection, the applicant
shall reference existing documentation such as the Comprehensive Plan
or an area-wide traffic plan. In addition, where indicated, the applicant
shall perform new traffic counts and level of service studies as may
be necessary.
(d)
The proposed development will affect any roadway
which has been identified as having inadequate or unsafe circulation
or stopping distances.
(e)
The proposed access is within close proximity
(less than 200 feet) of an existing or proposed medium- or high-volume
(over 750 average daily traffic) driveway or intersection.
(f)
Traffic from the development would be significant
enough to change the designated functional classification of any adjacent
road.
(2)
A traffic impact study is required for any development
which intends to access a local road when any of the following conditions
are met:
B.
Contents. The traffic impact study shall comply with
the procedural and content requirements of the Chester County Planning
Commission Circulation Handbook, dated April 1994, page 5-31, Table
5.8, Basic Components of a Traffic Impact Study, and, when required,
pages 5-34 and 5-35, or as such requirements are amended from time
to time.
A.
All materials entering into the construction of streets
and the methods of construction and drainage shall be in accordance
with the applicable requirements of the Pennsylvania Department of
Transportation Specifications, Form 408, or the latest revision thereof.
Road cross sections shall be as detailed in the appendix.
B.
Subgrade.
(1)
The area within the limits of the proposed road surface
shall be shaped to conform to the line, grade and cross section of
the proposed road.
(2)
All unsuitable subgrade materials shall be removed
or stabilized.
(3)
Wet or swampy areas shall be permanently drained and
stabilized.
(4)
Fills shall be placed and compacted in accordance
with Pennsylvania Department of Transportation Form 408 (latest edition),
Section 206.3(b). The contractor shall have a reputable testing laboratory
make appropriate field compaction tests during the construction of
the fill to ensure compliance with this section and shall submit the
test results to the Township for approval prior to placing any form
of construction upon the fill.
(5)
The subgrade shall be placed and compacted in accordance
with Pennsylvania Department of Transportation Form 408 (latest edition),
Section 210.3(a) and (b). The contractor shall have a reputable testing
laboratory make appropriate field compaction tests during the construction
of the subgrade to ensure compliance with this section and shall submit
the test results to the Township for approval prior to placing the
base stone.
(6)
Backfill of trenches within the cartway and curb area
shall be thoroughly compacted prior to application of the base course.
C.
Base course.
(1)
Base course shall consist of eight inches of PA. No.
4A crushed stone placed on a two-inch initial layer of screening and
rolled uniformly and thoroughly with the ten-ton roller. Rolling shall
continue until the material does not creep or wave ahead of the roller
wheels. Base course shall extend 12 inches beyond specified road widths
on each side where curbs are not provided.
(2)
After compaction of the base stone, dry screenings
shall be applied in sufficient quantity to fill all of the voids in
the rolled stone base. A vibratory roller of Pennsylvania Department
of Transportation approved design must be used in this step of construction,
and rolling shall continue until all voids are filled. Small areas
around inlets and manholes that cannot be reached by the vibratory
roller shall be compacted with a mechanical tamper or whacker.
(3)
When the stone surface is tight and will accept no
more screenings, all loose screenings shall be broomed from the surface
to expose the top 1/2 inch of the aggregate over at least 75% of the
road.
(4)
No base material shall be placed on a wet or frozen
subgrade.
(5)
As an alternate, an aggregate-lime-pozzolana base
course may be used when approved by the Township. This possopac base
course must be applied with an approved paver to a thickness to be
determined by the Township Engineer.
(6)
Application of a possopac base course shall be followed
immediately by application of the binder course.
(7)
As an alternate, for roads not serving residential
areas, the road may be constructed of six inches of compacted aggregate
bituminous base course and 1 1/2 inches wearing course. The type
and installation of road material shall be equal or superior to that
required in the Pennsylvania Department of Transportation Specifications,
Form 408.
D.
Bituminous surface.
(1)
Bituminous material shall be ID-2 or FB-1 cold mix,
with two inches of binder course and one inch of surface course after
compaction.
(2)
The completed road surface shall have a uniform slope
of 1/4 inch per foot from edge to center line, except that on superelevated
curves, this slope shall not be less than 1/4 inch per foot and shall
extend up from the inside edge to the outside edge of the paving.
E.
Grading and shoulders.
(1)
Roadways shall be graded for not less than eight feet
beyond the edge of the proposed paving on each side, provided that
the Board of Supervisors may waive this requirement when, in the Board's
discretion and judgment, waiving the requirement will preserve significant
trees or for other good cause shown. This grading width shall be increased
as necessary where sidewalks and/or planting strips are to be provided.
Shoulders shall be graded with a slope of one inch per foot. Beyond
the limits of this grading, banks shall be sloped to prevent erosion,
but this slope shall not exceed two horizontal to one vertical with
tops of slope in cuts rounded.
Private streets may be permitted by the Board
under the following circumstances:
A.
There is a recorded agreement between the applicant
and the Township specifying that said streets will not be offered
for dedication and will not be accepted by the Township unless constructed
to Township standards then existing at the time of offer of dedication.
B.
The design of private streets shall vary from Township
standards otherwise applicable to the construction of streets to be
dedicated to the Township only in respect to width. Type of paving,
grades, sight distances, horizontal curve limitations, storm drainage
facilities and other elements of street design shall be in accordance
with the standards contained hereinafter in this Part 1. The width
of a private street may be reduced to a minimum cartway of 18 feet.
D.
A private street shall provide access to three or
more lots.
[Amended 11-28-2011 by Ord. No. 10-2011]
A.
Private driveways shall be provided for all residences,
and the construction shall be in accordance with the regulations of
this section and the Willistown Street Opening Ordinance,[1] in order to provide safe access to Township and state
roads, to eliminate problems of stormwater runoff and to assure sufficient
area for and access to off-street parking.
B.
The finished surface of the driveway sloping toward
the public road shall be shaped so that no stormwater runoff from
the property shall discharge upon the public right-of-way. This shall
be accomplished by providing a minimum crown of two inches or a side-to-side
slope of three inches and shaping the last 20 feet of length of the
driveway at the street line so that all surface runoff discharges
on the owner's property. On steep driveways, an interceptor may be
required at the edges to restrain runoff and deflect it to the side,
and installation of a concrete drop structure with steel grate cover
across the driveway and connected by storm sewer to an appropriate
watercourse also may be required. Discharge of roof drains or downspouts
onto a driveway which slopes toward the street shall not be permitted.
No drainpipe from any basement sump pump, foundation drain, disposal
field, terrace, roof or pavement shall be discharged on the public
right-of-way.
D.
Two contiguous lots may share a common driveway, provided shared access easements are executed to the Township's satisfaction pursuant to § 123-46.
[Added 8-14-2017 by Ord.
No. 6-2017]
E.
Joint private access and affiliated access easements may be required
between adjacent lots fronting on arterial and collector streets to
minimize the total number of access points along those streets and
to facilitate traffic flow between lots. The location and dimensions
of said access shall be approved by the Township.
[Added 8-14-2017 by Ord.
No. 6-2017]
A.
Alleys and service streets shall not be permitted
in residential developments except by special permission of the Township.
Where alleys and service streets are permitted in residential developments,
they shall be 25 feet wide, curbed, where required, and paved for
a width of at least 12 feet. No part of any dwelling, garage or other
structure may be located within 20 feet of the center line of a public
alley.
B.
Alleys and service streets serving commercial and
industrial establishments and multifamily developments may be required
if the Township deems it necessary. Such alleys shall have a paved
cartway of at least 20 feet and right-of-way width of 30 feet. Where
necessary, corners shall have a radius of 20 feet or a triangle using
the chord of a radius of 15 feet, cut back to permit safe use by large
vehicles. If it is impossible for an alley to go through a block,
the alley shall be provided with a turnaround at its closed end of
a design approved by the Township Engineer and/or Planning Commission.
C.
Where deemed necessary to facilitate circulation,
alleys shall be offered for dedication.
Unless the Willistown Township Zoning Ordinance
of 1981, as amended, requires otherwise (in which event the terms
of the Zoning Ordinance shall control),[1] at least one off-street parking space with access to a
public street shall be provided for each proposed dwelling unit. Where
such access is to other than a minor residential service street, adequate
turnaround space shall be provided on the lot. Parking areas shall
be provided for commercial and industrial use as required by the Zoning
Ordinance.
A.
Monuments shall be accurately placed at the intersection
of all lines forming angles and at changes in direction of lines in
the boundary (perimeter) of the property being subdivided. The subdivider,
or his representative, shall notify the Township Engineer in order
that he may inspect the placement of the monuments before they are
covered.
B.
All monuments shall be placed by a registered professional
engineer or surveyor so that the scored (by an indented cross or drill
hole at not more than one-fourth-inch diameter in the top of the monument)
point shall coincide exactly with the point of intersection of the
lines being monumented.
C.
Monuments shall be set with their top level with the
finished grade of the surrounding ground, except:
(1)
Monuments which are placed within the lines of existing
or proposed sidewalks shall be so located (preferably beneath the
sidewalks) that their tops will not be affected by lateral movement
on the sidewalks.
(2)
Where monuments are located beneath a sidewalk, proper
access shall be provided for their use.
D.
All streets shall be monumented at range line, on
the right-of-way lines of the street at the following locations:
(1)
At least one monument at each intersection.
(2)
At changes in direction of street lines, excluding
curb arcs at intersections.
(3)
At each end of each curbed street line, excluding
curb arcs at intersections.
(4)
At such places where topographical or other conditions
make it impossible to sight between two otherwise required monuments,
intermediate monuments shall be placed.
(5)
At such other place along the line of streets as may
be determined by the Township Engineer to be necessary so that any
street may be readily defined for the future.
E.
All lot corners shall be clearly identified by either
a monument or an iron pin. Where iron pins are used, they shall be
a minimum of one-half-inch diameter solid bar or reinforc-ing rod,
shall be a minimum of 29 inches in length and shall be driven with
finished grade.
A.
Sidewalks shall generally be required in Zoning Districts
R-2, R-3, H-B, O, I and O-P, but the Board of Supervisors may waive
the sidewalk requirement upon review of the proposed subdivision or
land development plan when, in the discretion and judgment of the
Board of Supervisors, the purposes of this Part 1 and of the Zoning
Ordinance[1] will be better served by the waiver of this requirement. In addition, sidewalks may be waived at the discretion of the Planning Commission and the Board of Supervisors within Open Space Conservation Developments where it can be demonstrated that the objectives of § 139-150, Open Space Conservation District, will be advanced; and the applicant has considered the use of bicycle, equestrian and/or pedestrian paths for public use described in Subsections C and D below.
[Amended 6-28-1999 by Ord. No. 2-1999]
B.
When provided, sidewalks shall be constructed of concrete
with a minimum twenty-eight-day strength of 3,000 pounds per square
inch, with a minimum width of four feet and a thickness of four inches,
except at driveway crossings when the sidewalk thickness shall be
increased to six inches with reinforcement. The Board of Supervisors
may require wide pavements in high density areas and in commercial
areas. The location of sidewalks relative to planting strips shall
be at the discretion of the Board. Where sidewalks are required, ramps
must be provided to adequately accommodate handicapped persons and
devices, such as wheelchairs, customarily used by handicapped persons.
C.
At the discretion of the Board of Supervisors, with
recommendations from the Planning Commission, a system of bicycle,
equestrian and/or pedestrian paths for public use generally unrelated
to and separate from streets shall be established and secured by dedication
or easement. Such paths shall be consistent with any existing plans
specified by the Township so as to encourage the formation of an interconnecting
trail network both within and beyond the Township. Such paths normally
shall not exceed 10 feet in width and, at the option of the applicant,
shall be located adjacent to existing or proposed lot lines or in
such other manner so as to minimize any obstruction to the development.
Existing paths may be relocated if a connection with a path on an
adjoining property is thereby established.
D.
To facilitate circulation, pedestrian walkways may
be required to serve the interior of developments. Such walkways shall
be a minimum of four feet and shall be of a durable surface satisfactory
to the Board. Where the walks are not within a street right-of-way,
a separate right-of-way of at least 10 feet in width shall be designated
on the subdivision or land development plan. As appropriate, the walks
shall be maintained by the homeowners' association when the walks
traverse common areas or by the abutting property owners when the
walks traverse existing lots.
A.
Curbs shall be provided along all streets or roads and at the intersections thereof where center-line grades are 5% or above, or as needed to control drainage. Curbs may be waived at the discretion of the Planning Commission and the Board of Supervisors within Open Space Conservation Developments where it can be demonstrated that the objectives of § 139-150, of the Open Space Conservation District, will be advanced. Where curbs are not provided, stabilized shoulders shall be provided. Except when waived by the Board of Supervisors upon the recommendation of the Planning Commission in order to preserve existing trees or other similar reasons, the ground shall be graded to a slope of 1/2 inch to one inch to the foot to the right-of-way line and either seeded or sodded to such standards as shall be prescribed by the Board. In cut areas, this slope shall be toward the curb, and in fill areas it shall be away from the curb. Where sidewalks are required, ramps must be provided to adequately accommodate handicapped persons and devices, such as wheelchairs, customarily used by handicapped persons.
[Amended 6-28-1999 by Ord. No. 2-1999]
B.
Unless constructed in accordance with Subsection C below, all curbs shall be constructed of concrete in accordance with the applicable standards of the Pennsylvania Department of Transportation Specifications, Form 408, Section 630, for plain cement concrete curbs, as such specifications may be amended or superseded from time to time.
C.
Granite curbs may be installed, provided that their
construction conforms with standards set forth in the above-referenced
specifications, as the same may be amended or superseded from time
to time, as such specifications provide for standards for the construction
of granite curbs.
[Amended 11-11-2002 by Ord. No. 6-2002; 11-23-2009 by Ord. No. 8-2009; 9-12-2011 by Ord. No. 8-2011]
A.
Purpose. The standards established in this section set forth criteria
for:
(1)
Providing lighting in outdoor public places where public health,
safety and welfare are potential concerns.
(2)
Controlling glare from nonvehicular light sources that shine directly
into drivers' and pedestrians' eyes and thereby impair their safe
travel.
(3)
Protecting neighbors and the night sky from nuisance glare and stray
light from poorly aimed, placed, applied or shielded light sources.
(4)
Promoting efficient design and operation with regard to energy conservation.
(5)
Protecting and retaining the intended visual character of the various
venues of the Township.
B.
Applicability.
(1)
Outdoor lighting shall be required for safety and personal security
in areas of public assembly and traverse, including but not limited
to multifamily dwelling units, commercial, industrial, public recreational,
and institutional uses. Lighting for outdoor recreational facilities,
such as playing fields or ball fields, is expressly prohibited.
(2)
The Board of Supervisors may require lighting to be incorporated
for other uses or locations as it deems necessary or may restrict
lighting in any of the above uses or applications when health, safety
and welfare are issues.
(3)
The glare control requirements herein contained apply to lighting
in all above-mentioned uses as well as sign, architectural, landscaping,
and residential lighting.
C.
Criteria.
(1)
Illumination levels.
(a)
Lighting, where required by this chapter, shall have intensities
and uniformity ratios in accordance with the current recommended practices
of the Illuminating Engineering Society of North America (IESNA) as
contained in the IESNA Lighting Handbook.
(b)
Future amendments to said recommended practices shall be incorporated
into lighting plans submitted to the Township without further action
of the Township.
(c)
Light power densities (LPDs). Lighting shall conform to the
exterior LPDs as set forth by the current edition of ASHRAE/IESNA
90.1 Standard. Examples of intensities for typical outdoor applications,
as extracted from the 8th Edition of the Lighting Handbook, are presented
below.
Use/Task
|
Maintained Footcandles
|
Uniformity Avg.:Min.
| |
---|---|---|---|
Streets, local residential
|
0.4 Avg.
|
6:1
| |
Streets, local commercial
|
0.9 Avg.
|
6:1
| |
Parking, residential, multifamily
| |||
Low vehicular/pedestrian activity
|
0.2 Min.
|
4:1
| |
Medium vehicular/pedestrian activity
|
0.6 Min.
|
4:1
| |
Parking, industrial/commercial/ institutional/municipal
| |||
High activity, e.g., regional shopping centers/fast-food facilities,
major athletic/civic/cultural events
|
0.9 Min.
|
4:1
| |
Medium activity, e.g., community shopping centers, office parks,
hospitals, commuter lots, cultural/civic/recreational events
|
0.6 Min.
|
4:1
| |
Low activity, e.g., neighborhood shopping, industrial employee
parking, schools, church parking
|
0.2 Min.
|
4:1
| |
Walkways and bikeways
|
0.5 Avg.
|
5:1
| |
Building entrances
|
5.0 Avg.
|
--
|
Notes:
| ||
---|---|---|
1.
|
Illumination levels are maintained horizontal footcandles on
the task, e.g., pavement or area surface.
| |
2.
|
Uniformity ratios dictate that average illuminance values shall
not exceed minimum values by more than the product of the minimum
value and the specified ratio, e.g., for commercial parking high activity,
the average footcandles shall not be in excess of 3.6 (0.9 x 4).
|
(2)
Lighting fixture design.
(a)
Fixtures shall be of a type and design appropriate to the lighting
application and aesthetically appropriate to the surrounding area,
as acceptable to the Board of Supervisors. The same type of light
must be used for the same or similar type of lighting application
on any one site.
(b)
For the lighting of predominantly horizontal surfaces such as,
but not limited to, parking areas, roadways, vehicular and pedestrian
passage areas, merchandising and storage areas, automotive-fuel dispensing
facilities, automotive sales areas, loading docks, culs-de-sac, active
and passive recreational areas, building entrances, sidewalks, bicycle
and pedestrian paths, and site entrances, lighting fixtures shall
be aimed straight down and shall meet IESNA full-cutoff criteria (not
have more than 2.5% of their light output emitted above 90° at
any lateral angle around the fixture, or as amended). Lighting fixtures
with an aggregate rated lamp output not exceeding 500 lumens, e.g.,
the rated output of a standard nondirectional forty-watt incandescent
or ten-watt compact fluorescent lamp, are exempt from the requirements
of this subsection. In the case of decorative street lighting, the
Township may approve the use of lighting fixtures that are fully shielded
or comply with IESNA cutoff criteria.
(c)
For the lighting of predominantly nonhorizontal surfaces such as, but not limited to, facades, landscaping, signs, off-premises signs, fountains, displays and statuary, when their use is specifically permitted by the Board of Supervisors, lighting fixtures shall be shielded and shall be installed and aimed so as to not project their output into the windows of neighboring residences, adjacent uses, beyond the immediate object(s) being illuminated, skyward or onto a public roadway. Acceptable glare control shall be required. All such lighting shall be extinguished between the hours of 11:00 p.m. prevailing time and dawn. Lighting fixtures with an aggregate rated lamp output not exceeding 500 lumens, e.g., the rated output of a standard nondirectional forty-watt incandescent or ten-watt compact fluorescent lamp, are exempt from the requirements of this subsection. All lighting or illuminating of signs shall conform to the provisions of § 139-111.
(d)
Unless otherwise permitted by the Board of Supervisors, all
fixtures shall be fully shielded luminaire, defined as a luminaire
constructed and installed in such a manner that all light emitted
by the luminaire, either directly from the lamp or a diffusing element,
or indirectly by reflection or refraction from any part of the luminaire,
is projected below the horizontal plane through the luminaire's lowest
light-emitting part (for examples of fully shielded luminaires, see
Exhibit 1 below). Fixtures shall be equipped with or be capable of
being back-fitted with light-directing devices such as shields, visors
or hoods when necessary to redirect offending light distribution.
(3)
Control of nuisance and disabling glare.
(a)
All outdoor lighting, whether or not required by this chapter,
on private, residential, commercial, industrial, municipal, recreational
or institutional property, shall be aimed, located, designed, fitted
and maintained so as not to present a hazard to drivers or pedestrians
by impairing their ability to safely traverse (disabling glare), and
so as not to create a nuisance by projecting or reflecting objectionable
light onto a neighboring use or property (nuisance glare). The following
are not permitted: chasers, flashing lights and other blinking lights
designed to attract attention. In addition, neon lighting shall not
be permitted in residential districts.
(b)
The use of floodlights and wall-mounted lighting fixtures (wall
packs) shall not be permitted to illuminate parking areas unless it
can be proven to the satisfaction of the Board of Supervisors that
the employment of no other means is possible. Directional lighting
fixtures such as floodlights and spotlights, when theft use is specifically
approved by the Board of Supervisors, shall be so shielded, installed
and aimed that they do not project their output into the windows of
neighboring residences, adjacent uses, past the object being illuminated,
skyward or onto a public roadway or pedestrianway. Floodlights installed
above grade on residential properties, except when motion-sensor actuated,
shall not be aimed out more than 45° from straight down. When
a floodlight creates glare as viewed from an adjacent residential
property, the floodlight shall be required to be re-aimed and/or fitted
with a shielding device to block the view of the glare source from
that property.
(c)
Unless otherwise permitted by the Board of Supervisors, lighting
shall be controlled by automatic switching devices such as timers,
motion detectors and photocells, to extinguish offending sources between
11:00 p.m. and dawn to mitigate glare and skylighting consequences.
Automatic control shall be accomplished through the use of a programmable
controller with astronomical and daylight saving time control and
battery power-outage reset, which accommodates daily and weekly variations
in operating hours, annual time changes and seasonal variations in
hours of darkness.
(d)
Parking facility and vehicular and pedestrianway lighting (except
for safety and security applications and all-night business operations),
for commercial, industrial and institutional uses shall be automatically
extinguished no later than 1/2 hour after the close of business or
facility operation. When safety or security lighting is proposed for
after-hours illumination, it shall not be in excess of 25% of the
number of lighting fixtures or illumination level required or permitted
for illumination during regular business hours. When it can be demonstrated
to the satisfaction of the Township that an elevated security risk
exists, e.g., a history of relevant crime, an appropriate increase
above the twenty-five-percent limit may be permitted.
(e)
Vegetation screens shall not be employed to serve as the primary
means for controlling glare. Rather, glare control shall be achieved
primarily through the use of such means as cutoff fixtures, shields
and baffles, appropriate application of mounting height, wattage,
aiming angle, fixture placement, and fixture design, etc., and the
addition of shields and baffles as necessary. Fixtures must be mounted
in such a manner that their cone of light does not cross any property
line of the site.
(f)
Lighting shall be hooded or directed, to the extent practical,
to shield the light source from direct view from adjacent properties,
streets, or street rights-of-way. To this end, the light source shall
be completely concealed within an opaque housing.
(g)
The illumination projected from any use onto a residential use
shall at no time exceed 0.1 footcandle, measured line-of-sight at
any time and from any point on the receiving residential property.
The illumination projected from any property onto a nonresidential
use shall at no time exceed 1.0 footcandle, measured line-of-sight
from any point on the receiving property.
(h)
When requested by the Board of Supervisors, the applicant shall
submit a visual impact photometric plan that demonstrates both light
coverage and light spillage resulting from the proposed lighting plan
and the provision for adequate measures to mitigate nuisance from
light pollution and disabling glare, both on the uses or development
site and on adjacent properties.
(4)
Installation.
(a)
Fixtures meeting IESNA cutoff criteria shall not be mounted
in excess of 20 feet above finished grade or mounted in excess of
the maximum building height permitted in the district, whichever is
less. Fixtures not meeting IESNA cutoff criteria shall not be mounted
in excess of 15 feet above grade except as specifically approved by
the Board of Supervisors.
(b)
Fixtures used for general area lighting shall be aimed so as
to project their output straight down, unless otherwise approved.
(c)
Electrical feeds to lighting standards shall be run underground,
not overhead, and shall be in accordance with the IESNA Lighting Handbook.
(d)
Lighting standards in parking areas shall be placed a minimum
of five feet outside paved area, or on concrete pedestals at least
30 inches high above the pavement, or by other approved protective
means.
(e)
Pole-mounted lighting fixtures for lighting horizontal tasks
shall be aimed straight down, and poles shall be plumb. Poles and
brackets for supporting lighting fixtures shall be those specifically
manufactured for that purpose and shall be designed and rated for
the lighting fixture and mounting accessory weights and wind loads
involved. Pole foundations shall be designed consistent with manufacturer's
wind load requirements and local soil conditions involved and shall
be built in accordance with the Township Building Code.
(5)
Maintenance. Lighting fixtures shall be maintained so as to always
meet the requirements of this article.
D.
Plan submission. Lighting plans shall be submitted to the Township
for review and approval and shall include:
(1)
Layout of the proposed fixture locations. The lighting plan shall
contain a layout of all proposed and existing lighting fixtures, including
but not limited to area, architectural, building entrance, canopy,
soffit, landscape, flag, sign, etc., by location, orientation, aiming
direction, mounting height, lamp, photometry and type.
(2)
Isofootcandle plots for individual fixture installations and 10 x
10 illuminance grid plots for multifixture installations, that demonstrate
compliance with the intensities and uniformities set forth in this
section.
(3)
Description of the equipment, including fixture catalog cuts (including
model and manufacturer information), photometrics, glare reduction
devices, lamps, bulb technology (including color of light), control
devices, mounting heights and mounting methods proposed.
(4)
Light-loss factors, IES candela test-filename, initial lamp-lumen
ratings and specific lamp manufacturer's lamp ordering nomenclature,
used in calculating the plotted illuminance levels.
(5)
When landscaping plans are involved, they shall contain the lighting
fixture locations and shall demonstrate that the site lighting and
landscaping have been coordinated to minimize conflict between vegetation
and intended light distribution, both initially and at vegetation
maturity.
(6)
When required by the Township, the applicant shall also submit a
visual-impact plan that demonstrates appropriate steps have been taken
to mitigate potential consequences of on-site and off-site glare and
to retain the intended character of the Township. This plan may require
the inclusion of initial vertical footcandle values at specific off-site
venues, e.g., bedroom windows of adjacent residential uses.
(7)
Post-approval alterations to lighting plans or intended substitutions
for approved lighting equipment shall be submitted to the Township
for review and approval. Requests for substitutions shall be accompanied
by catalog cuts of the proposed equipment that demonstrate the proposed
substitution is equal to or exceeds the optical quality and maintainability
of the specified lighting fixtures, and accompanied by a lighting
plan, including a point-by-point plot, which demonates that proposed
substitutions will result in a lighting design that equals or exceeds
the quality of the approved plan.
E.
Post-installation inspection. The Township reserves the right to
conduct a post-installation nighttime inspection to verify compliance
with the requirements of this chapter and, if appropriate, to require
remedial action.
F.
Compliance monitoring.
(1)
Safety hazards.
(a)
If the Township judges that a lighting installation creates
a safety or personal-security hazard, the person(s) responsible for
the lighting shall be so notified and required to take remedial action
within a specified time period.
(b)
If appropriate corrective action has not been effected within
the specified time period, the Township may take appropriate legal
action.
(2)
Nuisance glare and inadequate illumination levels.
(a)
When the Township judges that an installation produces unacceptable
levels of nuisance glare or skyward light or that illumination levels
are insufficient or not being maintained in accordance with this chapter,
the Township shall cause notification of the person(s) responsible
for the lighting and require remedial action.
G.
Nonconforming lighting. Any lighting fixture existing on the effective
date of this section which does not conform with the requirements
of this article, shall be considered a lawful, nonconforming lighting
fixture, subject to the following:
(1)
A nonconforming lighting fixture shall be made to comply with the
requirements of this article when such fixture is replaced, relocated
or repaired or when such fixture(s) are deemed by the Township to
create a safety hazard.
(2)
All nonconforming lighting fixtures within the Township shall be
made to conform to all pertinent regulations or be removed within
three years after the effective date of this section.
H.
Streetlighting dedication.
(1)
The Township may accept dedication of streetlighting facilities in
the instance of said lighting being in the right-of-way of a street
dedicated to the Township. Streetlighting may be accepted along with
the acceptance of the street. Following dedication of public streets,
the Township shall assess the homeowners' association, individual
property owners, or corporations, as may be necessary to collect all
revenues required that are directly or indirectly associated with
all costs of each specific streetlighting fixture. These costs shall
include administration, collection, proration of nonpayables, actual
utility electrical charges, maintenance and maintenance contracts
for maintenance of fixtures and associated equipment.
(2)
Until such time as the streetlighting is dedicated, the developer
of the tract (who has escrowed the streetlighting) will be responsible
for any and all costs associated with each streetlight. Such costs
shall include, but not be limited to, administration, placement, and
electrical charges from the utility and maintenance.
(3)
Streetlights not dedicated to the Township will remain the responsibility
of the developer or appropriate private entity or homeowners' association.
Said private entity or homeowners' association shall then assume all
costs and responsibilities for the lighting in perpetuity.
A.
General requirements.
(1)
Each property shall be connected to a public sewer
system if accessible.
(2)
Sanitary sewers shall be designed and constructed
in strict accordance with Pennsylvania Department of Environmental
Resources standards and Willistown Township Municipal Authority specifications.
A copy of the approval of such system shall be submitted with the
final plan.
(3)
Sanitary sewers shall not be used to carry stormwater.
(4)
Alternatives.
[Added 6-28-1999 by Ord. No. 2-1999[1]]
(a)
Where public sewers are unavailable to serve
Open Space Conservation District developments, applicants may utilize
one of the following alternatives:
(b)
The Township encourages the use of land treatment
technologies capable of recharging groundwater aquifers. Subsurface
disposal areas, spray irrigation disposal areas and holding and settling
ponds with associated monitoring wells and equipment are permitted
to be located in the required common open space; no other mechanical
facilities (grinder pumps, sand filters, etc.) or structures are permitted.
(c)
Where an applicant proposes to develop lots
of less than one acre utilizing community subsurface or spray irrigation
systems, the Board of Supervisors, upon recommendation of the Planning
Commission, may, at its discretion, permit an increase in density
of 1% to 5% of the developable land to help offset the cost and effort
of installing community sewers.
[1]
Editor's Note: This ordinance also renumbers
former Subsection A(4) through (8) to A(5) through (9).
(5)
All lots which cannot be connected to a public or community sanitary sewage disposal system in operation at the time of construction of a principal building shall be provided with an on-site sanitary sewage disposal system meeting the design standards of Title 25, Chapter 73, Rules and Regulations of the Pennsylvania Department of Environmental Resources, and Township standards.
(6)
If on-site sanitary sewage disposal facilities are
to be utilized, the Township Planning Commission may require that
the subdivider submit a feasibility report. Such report shall compare
the cost of providing on-site facilities and the cost of public sanitary
sewer system with a sewage treatment plant. Based on the analysis
of this report, the Township may require the installation of a public
sanitary sewer system.
(7)
Where on-site sanitary sewage facilities are to be
utilized, each lot so served shall be of a size and shape to accommodate
the necessary length of tile fields at a safe distance from and at
a lower elevation than the proposed building(s) to facilitate gravity
flow in accordance with Township and state regulations, and shall
be so plotted.
(8)
The proposed method of sanitary sewage disposal shall
be in accordance with Willistown Township's officially adopted Act
537, Sewage Facilities Plan.
(9)
When in accord with Title 25, Chapter 71, Section
71.16, Rules and Regulations of the Pennsylvania Department of Environmental
Resources Facilities Plan Revision, the procedure set forth in §§ 71.15
through 71.17 of those Rules and Regulations shall be followed.
(10)
Notwithstanding any other applicable requirement,
any septic tank, subsurface infiltration bed and any related facilities
for the on-site disposal of sanitary effluent serving a building(s)
shall be located on the same lot as the buildings(s) so served.
[Amended 9-12-1995 by Ord. No. 5-1995]
B.
Sanitary sewage disposal system(s).
(1)
Sanitary sewage disposal systems shall be provided
consistent with all applicable design standards and requirements.
(2)
Whenever a subdivider proposes that individual on-site
sanitary sewage disposal systems shall be utilized within the subdivision,
the subdivider shall either install such a facility approved by the
Pennsylvania Department of Environmental Resources or shall guarantee
(by deed restriction or otherwise), as a condition of the sale of
each lot or parcel within the subdivision, that such facilities can
be installed by the purchaser of such lot or parcel.
(3)
In all other cases, the subdivider shall provide a
complete community or public sanitary sewage disposal system. The
design and installation of such public system shall be in accordance
with all applicable rules and regulations, including those of the
Township, the Willistown Township Municipal Authority, the Chester
County Health Department and the Pennsylvania Department of Environmental
Resources, as applicable, and the design and installation of a community
distribution shall also be subject to all applicable rules and regulations,
including those of the Township and of the Willistown Township Municipal
Authority and of the Chester County Health Department and of the Pennsylvania
Department of Environmental Resources, as applicable, and all such
systems shall be further subject to satisfactory provisions for the
maintenance thereof.
(4)
Where studies by the Township indicate that construction
or extension of sanitary trunk sewers to serve the property being
subdivided appears probable within a reasonably short time (up to
10 years), the Township shall require the installation and capping
of sanitary sewer mains and house connections, in addition to the
installation of temporary individual, on-site sanitary sewage disposal
systems. Individual house connections on capped sewer systems shall
extend to the right-of-way line and shall be centered within the lot
frontage. It shall be the responsibility of the applicant to consult
with the Township with regard to the sewer line locations prior to
establishing final sewer design.
C.
Soil percolation test requirements.
(1)
Soil percolation tests shall be performed for all
subdivisions wherein the building(s) at the time of construction will
not be connected to a public or community sanitary sewage disposal
system in operation. Deep hole test pits are recommended as a further
means of guaranteeing suitability of a site.
(2)
Soil percolation tests shall be made in accordance
with the procedure required by the Chester County Health Department
or the Pennsylvania Department of Environmental Resources, by either
a registered professional engineer or registered sanitarian and/or
the Pennsylvania Sewage Facilities Act[2] sewage enforcement officer at a rate of one per lot.
[2]
Editor's Note: See 35 P.S. § 750.1
et seq.
(3)
The engineer, sanitarian and/or sewage enforcement
officer shall enter the result of the test and all other information
on five copies of the subdivision sewage disposal report form, and
shall submit these with the preliminary plans; provided, however,
that where the approval of sanitary sewage disposal facilities is
otherwise required by the Pennsylvania Department of Environmental
Resources, two copies of the report of investigation and approval
may be submitted in lieu of the subdivision sewage disposal report.
A.
The purpose of the provisions of this section are
to:
(1)
Ensure that each dwelling unit and each commercial
or industrial building in all subdivisions and land developments hereafter
granted approval shall have an adequate supply of potable water for
domestic use.
(2)
Ensure that each unit or building shall have an adequate
supply of water for purposes of fire protection.
(3)
Ensure that, in each case where water is to be supplied
to a subdivision or land development by means of a central water supply
system, such system meets minimum standards controlling water storage
and production capabilities for domestic and fire use for the protection
of the health, safety and welfare of all Township residents affected.
B.
Where the subdivider proposes that individual on-site
water supply systems shall be utilized within the subdivision, the
subdivider shall either install such facilities or shall guarantee
(by deed restriction or otherwise), as a condition of the sale of
each lot or parcel within the subdivision, that the facilities can
be installed by the purchaser of such lot or parcel. Individual water
supply systems shall be designed and installed in accordance with
all applicable standards of the Pennsylvania Department of Environmental
Resources and the Chester County Health Department.
C.
Wherever feasible, the subdivision shall be provided
with a complete public or community water distribution system. The
design and installation of such public system shall be subject to
the approval of the Township; the design and installation of such
community distribution system shall be subject to the approval of
the Pennsylvania Department of Environmental Resources, and such system
shall be further subject to satisfactory provision for the maintenance
thereof. Where any proposed well or wells in such a system are projected
to withdraw more than an average of 10,000 gallons per day over a
thirty-day period, the applicant shall obtain a permit from the Delaware
River Basin Commission as required by its Groundwater Protected Area
Regulations for Southeastern Pennsylvania, effective January 1, 1981.
Should such regulations be amended or superseded, the applicant shall
comply with such amended or superseded regulations of the Delaware
River Basin Commission as may be in effect from time to time. Standards
and materials for the construction of any central water supply system
shall meet or exceed those requirements described in the Public Water
Supply Manual of the Pennsylvania Department of Environmental Resources
and shall be subject to the approval of the Township Engineer. Where
a permit is required by said Department, it shall be presented as
evidence of such review and approval before construction commences.
D.
Within Open Space Conservation District developments,
dwellings on lots of less than 40,000 square feet must be served by
a public or community water system of adequate capacity to serve all
dwelling units on an ongoing basis.
[Added 6-28-1999 by Ord. No. 2-1999[1]]
E.
Where water is to be provided by means other than
by private wells owned and maintained by the individual owners of
lots within the subdivision or development, the applicant shall present
evidence to the Board that the subdivision or 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 form the
Pennsylvania Public Utilities 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.
[Amended 10-27-1992 by Ord. No. 2-1992]
F.
In all subdivision and land developments served by
a central water system, the following water pressure and gallonage
requirements shall apply:
(1)
Residential use. A minimum domestic pressure of 30
pounds per square inch shall be provided at each house to be connected
to the water supply main. The system to which the residential unit
is connected shall have sufficient capacity to supply a minimum of
300 gallons of water per residential unit per day within the subdivision
or land development.
(2)
Commercial or industrial use. A minimum domestic pressure
of 30 pounds per square inch shall be provided at each commercial
or industrial building connected to the water supply main. When a
building wishes to connect to a central water system, a study will
be made to determine if there is adequate water supply in the system
to supply the building and use.
G.
Wherever a public or community water system is provided,
fire hydrants suitable for the coupling of equipment serving the Township
shall be installed as specified by the Insurance Services Offices
of Pennsylvania. Location of hydrants shall be approved by the Township.
(1)
Generally, all fire hydrants will be located on an
eight-inch line or a looped six-inch line. Where a dead-end line is
required to contain a fire hydrant, the portion of the line between
the main loop and the hydrant shall be an eight-inch minimum diameter.
(2)
Fire hydrants shall be spaced in a development so
that all proposed building(s) will be no more than 600 feet from the
hydrant measured along traveled ways.
(3)
All community water systems must provide a minimum
of 500 gallons per minute at a residual pressure of 20 pounds per
square inch for a two-hour period.
H.
If the applicant for subdivision or land development
proposes that the subdivision or land development be served by a central
water supply system, the applicant shall submit a Proposed Public
Water Supply Study as evidence of sufficient water supply quality
and quantity. The contents of this study shall include those specific
items as described in the Public Water Supply Manual of the Pennsylvania
Department of Environmental Resources. Where the water supply system
occurs under the jurisdiction of the Pennsylvania Public Utilities
Commission, the water supply study shall also include those items
of information required by the Public Utilities Commission.
A.
All other 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, municipal
authority 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.
B.
In accordance with the provisions of Act 287, all
developers, contractors, etc., will contact all applicable utilities
and accurately determine the locations and depth of all underground
utilities within the boundaries of the tract proposed for development,
prior to excavation. A list of the applicable utilities and their
phone numbers shall appear on the plans submitted for review, and
proof shall be presented to the Township prior to final plan approval.
[Added 6-25-2001 by Ord. No. 4-2001]
A.
The design of communal mailbox enclosures and the
materials used in their construction shall be consistent with the
architectural character of the housing units found in the development
and be acceptable to the United States Postal Service.
B.
Communal mailboxes shall be located in proximity to
groupings of housing units and shall be readily accessible to the
residents of said units. Communal mailboxes shall be readily accessible
by pedestrians.
A.
In reviewing a sketch plan for subdivision or land development, the Township Planning Commission shall consider the open space and recreational needs of the additional dwelling proposed by the development and shall discuss its findings and the further requirements of this section with the developer as it deems necessary in the public interest. Where the subdivision or land development plan is for a cluster development approved under the terms of § 139-102 of the Willistown Township Zoning Ordinance,[1] the open space standards of that section shall govern
and take precedence over the provisions of this section.
B.
An adequate area of land shall be provided to serve
the recreational and open space needs of the residents.
C.
Ownership and maintenance of such open space and recreation areas shall be as provided for in § 139-108A of the Zoning Ordinance.
D.
Open space characteristics and design standards. In
designating areas for open space and recreation within the subdivision
plan, the following criteria and standards shall be adhered to by
the developer. Areas shall be:
(1)
Consistent with the Township's Comprehensive Plan.
(2)
Suitable for active recreational uses to the extent
deemed necessary by the Board, without interfering with adjacent dwelling
units, parking, driveways and roads.
(3)
Comprised of no more than 30% environmentally sensitive
lands (including floodplains, woodlands, slopes exceeding 15% and
surface waters).
(4)
Comprised of areas not less than 75 feet in width
and not less than 15,000 square feet on contiguous area, except when
part of a trial system or pathway network.
(5)
Interconnected with common open space areas on abutting
parcels, wherever possible, including provisions for pedestrian pathways
for general public use to create linked pathway systems within the
Township.
(6)
Provided with sufficient perimeter parking, when necessary,
and with safe and convenient access by adjoining public road 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 crossing or public or private roads,
except where necessary for proper traffic circulation, and then only
upon recommendation of the Township Engineer and Planning Commission.
(8)
Free of all structures, except those related to outdoor
recreational use.
(9)
Suitably landscaped, either by retaining existing
natural cover 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)
Made subject to such agreement with the Township
and such deed restrictions duly recorded in the office of the Recorder
of Deeds in Chester County as may be required by the Board of Supervisors
for the purpose of preserving the common open space for such use.
[Amended 11-14-1995 by Ord. No. 9-1995]
The management of stormwater shall comply with the requirements of Chapter 73, Environmental Protection, Article VIII, Stormwater Management, of this Code, §§ 73-35 to 73-45, which are incorporated by reference as if set forth fully herein, as may be amended from time to time in accordance with the procedures set forth in § 123-58 and the Municipalities Planning Code.[1]
[1]
Editor's Note: See 53 P.S. § 10101
et seq.
[Amended 11-14-1995 by Ord. No. 9-1995]
The management of stormwater runoff to control soil erosion and sedimentation shall comply with the requirements of Chapter 73, Environmental Protection, Article IX, Soil Erosion and Sediment Pollution Control, of this Code, §§ 73-46 to 73-51, which are incorporated by reference as if set forth fully herein, as may be amended from time to time in accordance with the procedures set forth in § 123-58 and the Municipalities Planning Code.[1]
[1]
Editor's Note: See 53 P.S. § 10101
et seq.
A.
Where water and/or sewer facilities are intended for
dedication, the requirements for easement shall be determined by the
Board. Easements shall be similarly established as necessary for other
utilities.
B.
Storm drainage easements shall be provided as required.
C.
The Board shall require shared access easements as prerequisites
to its approval of shared driveways or other access arrangements.
Such easements shall contain, at a minimum, arrangements for rights
of use, insurance, indemnity, liability, maintenance, repair, and
the sharing of costs.
[Amended 8-14-2017 by Ord. No. 6-2017]
[Amended 11-14-1995 by Ord. No. 9-1995]
All subdivisions and land developments shall comply with the requirements of Chapter 73, Environmental Protection, Article X, Landscaping, Buffering and Screening; Development and Construction Standards, of this Code, §§ 73-52 to 73-57, which are incorporated by reference as if set forth fully herein, as may be amended from time to time in accordance with the procedures set forth in § 123-58 of this Chapter 123 and the Municipalities Planning Code.[1]
[1]
Editor's Note: See 53 P.S. § 10101
et seq.
[Added 10-22-2007 by Ord. No. 10-2007]
The following streetscape amenities are required
for all subdivisions and land developments on Lancaster Avenue or
connecting cross streets. In instances where existing conditions dictate
alternative specifications, the essence of the overall streetscape
design shall be maintained. Alternative specifications shall be approved
by the Planning Commission.
A.
Sidewalk specifications: Sidewalks shall be constructed
to include three bands (See Exhibit 1: Sidewalk Standard).
(1)
Verge: Six-foot brick paver at curb (minimum
of three feet where six feet is not practical). Paver to provide space
for lighting poles, fire hydrants, signage and other obstructions.
(2)
Sidewalk: Six-foot unobstructed concrete walking
area (minimum width of four feet where six feet is not possible).
(3)
Green area: Six-foot-wide grass planting strip
to include street trees planted generally 25 to 30 feet apart in the
center depending on the species and reach of canopy. The intent is
to provide a continuous canopy. Deciduous shrub plantings shall also
be provided between shade trees to provide a visual screen from vehicular
lights within parking areas located to the front of structures. (See
Exhibit 2: Street Tree and Shrub Standard). The green area shall be
installed continuously along the entire width of the lot next to the
sidewalk except in instances where a principal structure directly
abuts the sidewalk. In instances where a six-foot green area is not
feasible due to limited site width or other unique existing conditions,
planters and other forms of decorative plantings may be substituted.
B.
Lighting specifications. The intent is to reestablish
the traditional pedestrian-scale lighting. This includes the use of
lower, more closely spaced lamps, with softer light, while recognizing
taller more intensive lights may be necessary to mark intersections.
Lighting shall be provided according to the following specifications
or an approved equivalent.
(1)
Streetlights.
(b)
Poles (see Exhibit 4).
[1]
Style: Shakespeare - Historical
Series - Washington Style - Model No. AP17 12FS11 - fluted or approved
equivalent.
[2]
Color: semi-gloss black.
[3]
Base: anchor base, seventeen-inch
diameter with three-inch tenon.
[4]
Height: 12 feet.
[5]
Spacing: generally 80 feet to 100
feet, unless specifications dictate otherwise.
C.
Street furniture specifications. Street furniture
shall be provided according to the following specifications or an
approved equivalent.
D.
Ownership, maintenance, and replacement of streetscape
amenities.
(1)
Ownership of all streetscape amenities shall
be vested with the ownership of real property.
(2)
The applicant shall make arrangements acceptable
to the Township that all streetscape amenities are installed in accordance
with this section and shall be guaranteed and maintained for the health,
safety and welfare of the community. After installation and prior
to Township acceptance of the streetscape amenities, representatives
of the Township shall perform an inspection of the finished site for
compliance with this section.
(3)
The applicant shall make arrangements acceptable
to the Township for the long-term maintenance of streetscape amenities.
The applicant shall provide the names, addresses and telephone numbers
of those persons or organizations who will be assuming such responsibilities.
Streetscape amenities required by this chapter or any other ordinance
shall be subject to suitable restrictive covenants that run with the
development tract and, if practicable, rules and regulations governing
the use and maintenance of amenities, which covenants, rules and regulations
shall be in form and substance acceptable to the Township Solicitor
and, in the case of covenants, rules and regulations, shall, without
limiting the foregoing, require the maintenance and replacement and
prohibit the destruction or removal of all streetscape amenities and
improvements depicted on the development tract's site plan; empower
the Township to enforce said obligations; and prohibit the amendment
or termination of any of the mandatory terms thereof without the express
approval of the Township.
(4)
Streetscape amenities shall be replaced by the
owner of record where such amenities no longer function according
to design or are worn and in need of repair or replacement. Where
accidental damage or vandalism of streetscape amenities occurs, the
applicant shall replace the damaged amenities in accordance with the
original or modified site plan.
[Added 12-15-2014 by Ord. No. 7-2014]
A.
Purpose. The purpose of this section is to help prevent and minimize
unnecessary risk to the public health, safety and welfare due to transmission
pipelines and ensure consistency with the intent of the Township's
Comprehensive Plan. Recognizing it is impossible to eliminate risk
entirely, this section is intended to:
(1)
Minimize the likelihood of accidental damage to transmission
pipelines due to external forces, such as construction activity and
equipment.
(2)
Avoid exposing land uses with high on-site populations that
are difficult to evacuate.
(3)
Help reduce adverse impacts in the event of a pipeline failure.
(4)
Ensure compliance with and supplement existing federal and state
regulations related to transmission pipeline corridor management,
among them Federal Energy Regulatory Commission (FERC) standards,
the Pennsylvania Oil and Gas Act (as amended),[1] and Pennsylvania case law.
[1]
Editor's Note: See 58 Pa.C.S.A. § 3201.
B.
Applicability.
(1)
Setbacks.
(a)
New residential buildings and all new commercial, industrial
and institutional uses, other than those surface uses affiliated with
transmission pipelines, shall be set back a minimum of 300 feet from
any existing or proposed transmission pipeline right-of-way; such
uses shall be set back from natural gas compressor stations or other
surface land uses affiliated with transmission pipelines a minimum
of 750 feet, or 500 feet from the nearest lot line of natural gas
compressor stations or other surface land uses affiliated with transmission
pipelines, whichever is greater. Other unoccupied residential or nonresidential
accessory uses such as but not limited to detached garages, parking
areas, storage facilities or garden sheds shall not be located within
200 feet of any pipeline right-of-way. While these setbacks originated
in amendments to the Pennsylvania Oil and Gas Act (Act 13 of 2012),
the Township intends to monitor emerging science on setback safety
and revise these standards periodically. Where yard area or other
setbacks of the underlying zoning district contradict these standards,
the larger of the setbacks shall apply.
(b)
Setbacks may be modified by the Township pursuant to the type
of material being transported in the pipeline, the type of use being
proposed for the site, and the current status of science regarding
safety protocols in proximity to pipelines or surface land uses affiliated
with transmission pipelines. The Township shall, on a case-by-case
basis, determine whether increased setbacks are warranted consistent
with the potential impact radius (PIR), defined by the relationship
between the diameter of the adjacent pipeline and its maximum operating
pressure (See 139 Attachment 2.[2]), whether high on-site populations are proposed (often
referred to as "high consequence areas"), and whether more than one
transmission pipeline (such as coupled lines) exist (or are proposed).
The PIR approach is applicable only to gas or petroleum gas transmission
pipelines as defined by 49 CFR, 192.3. Transmission pipelines carrying
hazardous liquids, as defined by 49 CFR, 195.2, shall adhere to the
setback standards contained in this subsection.
[2]
Editor's Note: The attachment, 139 Attachment 2, is on file
in the Township offices.
(c)
No activity or grading within the pipeline setback shall create
depressions or areas in which flammable or explosive materials may
collect or accumulate; examples include but are not limited to grading
for structures, stormwater management facilities or landscape beds.
Furthermore, pipeline rights-of-way shall be identified and protected
during construction by erecting suitable temporary barricades (nondisturbance
fencing or silt fencing) and posting notices onsite.
(2)
Consultation zone.
(a)
Any application, other than those surface uses affiliated with
transmission pipelines, for new residential structures and all commercial,
industrial and institutional uses (whether Class 1, 2, 3 or 4 locations
pursuant to Exhibit 1[3]), proposed within 660 feet of any existing or proposed
transmission pipeline right-of-way shall include written verification
from the applicant that:
[1]
The applicant has contacted the pipeline operator(s)
and has provided the pipeline operator(s) with documentation detailing
the proposed development activity and where the activity is to take
place;
[2]
The applicant has made sufficient access to the
pipeline available to the pipeline operator(s) for routine maintenance
and emergency operations; and
[3]
The pipeline operator(s) has reviewed the documents
for compatibility with continued or proposed safe operation of the
transmission pipeline(s).
[3]
Editor's Note: Exhibit 1 is on file in the Township offices.
(b)
It shall be clear in the written notification submitted with
the application that the pipeline operator(s) has received and acknowledged
documentation showing the proposed activity and its location.
(3)
Land uses with high on-site populations.
(a)
Applicants for land uses with high on-site populations within
660 feet of a transmission pipeline shall develop appropriate mitigation
measures to help reduce adverse impacts in the event of a pipeline
failure. Such measures and/or corresponding plans shall be submitted
to the Township for review. Land uses with high on-site populations
include schools (through grade 12), hospitals, clinics, multifamily
housing, retirement and/or life care facilities, stadiums or arenas,
day-care centers, or large scale commercial, industrial or institutional
uses of 50 or more persons.
(b)
Mitigation measures intended to reduce risk and minimize impact
in the event of a pipeline failure include but are not limited to:
emergency procedures such as emergency plans and guides, employee
training and drills, and education programs for occupants and employees
concerning pipeline safety, such as what to be aware of and how to
respond in the event of a problem. Applicants shall consult with the
local fire marshal regarding the level of emergency planning and procedures
appropriate for the proposed development; the fire marshall may also
require submission of plans for review and approval where deemed appropriate.
C.
Land development design, buffering and screening.
(1)
Applicants shall consider existing or proposed pipelines in
their design and placement of lots, structures and roads. Specifically,
consideration shall be given to incorporating the linear appearance
of the pipeline right-of-way into the overall development design or
landscaping in a manner that works with or minimizes the linear appearance
of the pipeline right-of-way. Attempts shall be made to avoid creating
a bisecting and unnatural linear space that does not relate to the
land development.
(2)
The applicant shall provide a plan prepared by a landscape architect
licensed in Pennsylvania showing landscaping proposed to be installed
to minimize the linear-appearance of the pipeline right-of-way and
screen and buffer new development from transmission pipelines in the
event of an accident or failure. Landscaping can be used both to minimize
the linear appearance of the pipeline right-of-way and buffer structures
from those remedial activities associated with pipeline failure and
cleanup.
(3)
The landscape plan shall incorporate a mix of native vegetation, including evergreens, shrubbery and trees, which shall be of sufficient density to meet the objectives outlined herein while permitting suitable points of access for pipeline personnel providing routine maintenance. Existing vegetation in proximity to transmission pipelines shall be preserved to the greatest extent possible. All proposed landscaping shall comply with the requirements of this section and Chapter 73, Environmental Protection.
D.
Signage. Applicants shall consult with transmission pipeline operators
to determine the need for, number of, and placement of utility identification
signs, appropriate warning signs and owner identification signs. The
number and placement of signs and their content shall be shown on
plan submissions.