A.
Evaluating plans. The design standards and improvements
required in this article shall be the minimum requirements applied
by the Planning Commission and the Board of Commissioners in evaluating
plans for any proposed subdivision or land development.
B.
Additional improvements. Additional or higher type
improvements may be required in specific cases where, in the determination
of the Board of Commissioners, they are clearly necessary to protect
the public health and safety.
The remainder of this article sets forth the
design and construction standards for required improvements. These
minimum standards shall apply to any improvement, regardless of whether
required by this chapter or not.
A.
Land shall be suited to the purpose for which it is
to be subdivided or developed.
B.
Hazardous conditions. Land subject to hazardous conditions (such as open quarries, unconsolidated fill, sinkholes, other ground subsidence, floods, excessive erosion or unsafe water supply) shall not be subdivided until the hazards have been eliminated or overcome by adequate safeguards provided by the developer and approved by the Board of Commissioners. See, inter alia, sinkhole and subsidence hazards, and the floodplain requirements of Chapter 275, Zoning, of the Code of the Township of Bethlehem.
[Amended 1-15-2001 by Ord. No. 1-01]
C.
Comprehensive Plan. The subdivision or land development
shall generally be designed in consideration of any applicable provisions
of the Township Comprehensive Plan.
E.
Nearby development. A subdivision or land development
and its street pattern shall be coordinated with existing or approved
nearby developments or neighborhoods so that the area as a whole may
be developed harmoniously and to prevent serious conflicts between
neighboring development.
F.
Safety. No subdivision or land development shall occur
in such a way that would significantly threaten the public health
and safety, including hazards of toxic substances, groundwater pollution,
traffic hazards and explosive and fire hazards.
[Amended 3-6-1995 by Ord. No. 1-95]
A.
Access to proposed subdivisions and land developments.
All proposed subdivisions and land developments shall have adequate
and safe access to the public street system.
C.
Street continuations.
(1)
Where deemed appropriate by the Board of Commissioners,
proposed streets shall be extended to the boundary line of the tract
being subdivided so as to eventually provide for normal circulation
of traffic within the vicinity.
D.
Intersections.
(1)
The center lines of streets shall intersect at right
angles unless existing conditions dictate otherwise. In such case
the intersection shall be as nearly at right angles as possible, but
not less than 75° at intersections.
(2)
Intersections of more than two streets at one point
shall be avoided. Where streets intersect other streets, the intersecting
street shall be aligned with any street intersecting on the other
side, or be offset by the minimum distance stated in this subsection.
This minimum offset and the minimum distance between center lines
of parallel or approximately parallel streets intersecting a cross
street from opposite directions shall be:
(a)
150 feet along a local street,
(b)
400 feet along a collector or connector street,
and
(c)
1,000 feet along an arterial street. (See Figures
10.1 a. and b.)
 |
(d)
The distances of this subsection shall be measured
between the intersections of the center lines of the legal rights-of-ways
of the streets.
(3)
At street intersections, the property line shall be
rounded by arcs with the radii listed below. For streets other than
local streets, the Township may require a larger radius. (See Chart
below and Figures 10.2 a. and b.)
|
Type of Street
|
Minimum Radius of Arc at Intersection
of Cartway's Edge or Curbline
(feet)
|
Minimum Radius of Arc at Intersection
of Right-of-Way
(feet)
| |
|---|---|---|---|
|
Arterial
|
40
|
30
| |
|
Connector and collector
|
35
|
25
| |
|
Local
|
25
|
15
|
(4)
Signalized intersection spacing along arterial streets
shall adhere to the following requirements:
[Added 6-19-2006 by Ord. No. 04-06]
(a)
Uncoordinated traffic signals shall be located
a minimum of 1,000 feet from adjacent signalized intersections.
(b)
Optimal signal spacing for coordinated systems
shall be determined by the use of the following equations:
|
For simultaneous coordinated signal systems:
S = VC / 0.681
| |||
|
For alternating coordinated signal systems:
S = VC / 1.362
| |||
|
S
|
=
|
Signal spacing in feet.
| |
|
C
|
=
|
Cycle length in seconds.
| |
|
V
|
=
|
Progression speed in miles per hour.
| |
(c)
The progression speed shall be determined by
the Township Engineer and PennDOT. Warrants for intersection signalization
shall be met as found in the Manual on Uniform Traffic Control Devices.
If a driveway or access road requires signalization and will be located
within an existing coordinated traffic signal system, the traffic
signal shall be incorporated into the system.
E.
Arterial, connector and collector street frontage.
Where a subdivision or land development abuts or contains an existing
or proposed arterial, connector or collector street, as the Board
of Commissioners determines is reasonable, feasible and necessary
to avoid increased traffic congestion and further traffic safety,
based upon recommendations of the Planning Commission, the Township
Engineer, any comments from PennDOT and any professional traffic studies
that have been submitted, the Board of Commissioners shall require
one or more of the following methods of layout and site design:
[Amended 6-19-2006 by Ord. No. 04-06]
(1)
The use of a marginal access or "frontage" streets
or access only onto side or interior streets, to collect traffic from
numerous driveways and direct it to a select few number of entrances
to the arterial, connector or collector street; and/or
(2)
The minimization of the number and length of driveway
cuts or street intersections onto an arterial, connector or collector
street, which may include requiring the use of shared driveways between
adjacent uses or lots; and/or
(3)
The restriction of ingress and egress involving left-hand
turns onto or off of the arterial, connector or collector street;
and/or
(4)
The driveways and access roads of all uses shall be
arranged such that adequate turnaround space for vehicles is provided
within the lot so that vehicles do not back onto an arterial, connector
or collector street.
(6)
The installation of a nontraversable median may be
required along an arterial street where, in the opinion of the Township
Engineer in conjunction with the PennDOT, the median is needed to
reinforce the prohibition of left turns to or from a driveway. The
placement, type and design of the median barrier shall be in accordance
with the most recent edition of PennDOT Publication 13M, Design Manual
Part II, and the AASHTO publications "A Policy on Geometric Design
of Highways and Streets" and "Roadside Design Guide."
(7)
Driveways for nonresidential uses shall be spaced
the following minimum distances apart: arterial street, 300 feet;
connector or collector street, 200 feet. Driveway spacing shall be
measured from the end of one driveway radius to the beginning of the
next driveway radius. Driveway center lines shall be aligned with
existing driveways and roadways on the opposite site of the arterial,
connector or collector street absent identifiable safety deficiencies.
F.
Street design standards.
(1)
Minimum street design standards shall be as shown
in Table 10.1, unless a more restrictive requirement is established
by PennDOT.
|
Table 10.1
| |||||
|---|---|---|---|---|---|
|
Design Standards for Streets
(All Dimensions in Feet Unless Specified)
| |||||
|
Design Specifications
|
Type of Street
| ||||
|
Arterial
|
Connector
|
Collector
|
Local and Marginal Access
| ||
|
Right-of-way width
|
80f
|
70f
|
60f
|
50
| |
|
Cartways width
|
44f
|
40f
|
36f
|
32e
| |
|
Acceleration/ deceleration lane width (if determined
to be needed by the Township
|
12
|
12
|
12
|
NA
| |
|
Minimum sight distancea
|
475
|
300
|
300
|
200
| |
|
Minimum tangent between reverse curvesb
|
200
|
100
|
100
|
100
| |
|
Minimum center line radii for horizontal curves
|
400c
|
300c
|
300
|
150
| |
|
Maximum graded
|
6%
|
8%
|
8%
|
10%
| |
|
NOTES:
| ||
|---|---|---|
|
a
|
Horizontal sight distances shall be measured
from a point 3.5 feet above the road surface to a point six inches
above the road surface, and shall be based upon standards of the American
Association of State Highway and Transportation Officials (AASHTO).
| |
|
b
|
All tangents shall be measured along the street
center line.
| |
|
c
|
Larger radii may be required as determined by
the Township Engineer.
| |
|
d
|
Minimum grades for all streets shall be 1%,
unless a lesser grade is determined to be acceptable by the Township
Engineer.
| |
|
e
|
This minimum cartways width shall be reduced
to 28 feet for a residential cul-de-sac local street that will clearly
ultimately serve only either of the following: 1) 12 or fewer dwelling
units or 2) single-family detached residential lots of greater than
one acre in lot area.
| |
|
f
|
Larger widths may be required by PennDOT or
the Township, as needed for turning lanes.
| |
|
NA = Not applicable.
| ||
(2)
Whenever street lines are deflected in excess of 1°,
connection shall be made by horizontal curves.
(3)
Vertical curves shall be used at changes of grade
exceeding 1%. The length of the vertical curve shall be determined
by multiplying the absolute difference in change of percent in grade
by the following factors:
(4)
All approaches to an intersection of two or more streets
shall have a leveling area not greater than 47% grade for a distance
of 25 feet measured from the nearest right-of-way line of the intersecting
street.
(5)
The maximum grade across the turnaround in a cul-de-sac
shall not exceed 5%.
(6)
To provide for adequate drainage, the minimum grade
of any street gutter shall be not less than 17%.
(7)
The Board of Commissioners, upon the recommendation
of the Township Engineer and the Planning Commission, and after consultation
with PennDOT if a state road is involved, shall require a subdivision
or land development to partially or wholly fund or accomplish the
widening of an abutting intersection (including but not limited to
moving the curbline inward to increase the curve radius) and/or providing
a left and/or right turn lane if the Board of Commissioners determines
that such improvement(s) is/(are) needed to avoid increased traffic
congestion and to provide for traffic safety and if the Board of Commissioners
determines that such improvement is reasonably the responsibility
of the applicant.
(8)
The provision of a deceleration lane and/or right
turn lane shall be required for access points along arterial streets
pursuant to the following criteria:
[Added 6-19-2006 by Ord. No. 04-06]
(a)
Unsignalized intersections. A deceleration lane
shall be considered on the arterial street at an unsignalized access
point when any one or a combination of the following conditions exists:
40 or more right turns in the peak hour; 3% or greater downgrade with
20 or more right turns in the peak hour; a speed limit greater than
40 miles per hour; an average daily traffic of 5,000 or greater. A
right turn lane shall be required on the driveway or access road if
a capacity analysis shows a level of service D, E or F for the approach,
and the installation of a right turn lane will improve operations.
(b)
Signalized intersections. A right turn lane
shall be required when a capacity analysis shows a level of service
D, E or F and the operation of the intersection can be improved by
the installation of one or more right turn lanes.
(c)
Design criteria.
[1]
The width of the right turn lane shall be 13
feet with curb and 11 feet without curb. If not curbed, shoulders
shall be designed in accordance with PennDOT 3R criteria found in
PennDOT Publication 13M, Design Manual Part II.
[2]
The length of the right turn lanes shall consider
the following components as may be applicable:
[a]
The storage bay length shall accommodate
the 95th percentile queue length for signalized intersections. The
stop controlled approach of an unsignalized intersection shall accommodate
the number of turning vehicles likely to arrive in an average two-minute
period during the peak hour.
[b]
Deceleration distance in accordance
with AASHTO publication "A Policy on Geometric Design of Highways
and Streets."
[c]
The right turn or deceleration
lane shall be designed based on an analysis that projects traffic
volumes for a ten-year period from the anticipated opening of the
proposed development.
[d]
The 85th percentile speed shall
be used for the retrofit of existing deceleration or right turn lanes.
The design speed of the roadway shall be used for the design of right
turn or deceleration lanes for new roads.
(9)
The provision of a left turn lane along arterial streets
shall be required pursuant to the following provisions.
[Added 6-19-2006 by Ord. No. 04-06]
(a)
Unsignalized intersections. A left turn lane
shall be provided when the appropriate Highway Research Record (HRR)
211 nomograph indicates that the warrant for a one-hundred-foot-long
left turn lane is met for the anticipated completion date of the development.
A left turn lane shall be provided if the visibility to the rear of
a vehicle stopped to turn left into the proposed access does not meet
minimum sight distance requirements and no alternative is available.
(b)
Signalized intersections. A left turn lane shall
be required when a capacity analysis indicates that the operation
of an intersection, approach or movement will operate at a level of
service D, E or F and the operation of the intersection, approach
or movement can be improved with the installation of one or more left
turn lanes.
(c)
Design criteria.
[1]
The minimum width of the left turn lane shall
be 10 feet, unless the percent of trucks is projected to exceed 5%
of vehicle volume, in which case the minimum width shall be 11 feet.
[2]
The length of the left turn lane shall consider
the following components as may be applicable. The length shall accommodate
the 95th percentile queue length for signalized intersections. The
length shall be determined from the appropriate nomograph in HRR 211
for the uncontrolled approach of an unsignalized intersection. The
deceleration length and the taper length shall be in accordance with
AASHTO publication "A Policy on Geometric Design of Highways and Streets."
(10)
Acceleration lanes shall be provided subject
to the following criteria. Acceleration lanes may be required along
arterial streets where the speed limit is greater than 40 miles per
hour and where access points are located sufficiently apart to permit
installation. The design length and width shall follow criteria found
in the latest edition of the AASHTO publication "A Policy on Geometric
Design of Highways and Streets" and shall conform to PennDOT requirements.
[Added 6-19-2006 by Ord. No. 04-06]
G.
Easements. Easements shall be provided adjacent to
street rights-of-way, tract boundaries and lot lines and other required
areas, within the following standards:
(1)
Drainage, sanitary or domestic water easements shall
be provided as indicated and required by the plans. The minimum width
of easement shall be 20 feet (which might include 10 feet on each
side of abutting lots within a subdivision) with an additional width
of five feet for each additional utility.
(2)
Utility easements of a minimum of 10 feet in width
shall be provided adjacent to all street rights-of-ways for electricity,
telephone and television cable lines so that each lot or dwelling
unit can be served. Any natural gas distribution lines shall be placed
within the cartways.
(3)
Grading easements of a minimum of 10 feet in width
shall be granted to the Township along the rights-of-way of all public
streets.
H.
Sight lines at intersections of streets.
(1)
A triangular area as defined by this subsection shall
be graded and shall be free of sight obstructions so that vision of
the intersecting streets is not obscured.
(2)
By means of sight distance easement and also a deed
restriction, lease restriction or plan notation (whichever method
is applicable), vegetation shall not be planted or allowed to grow
nor shall the construction of a fence or wall be allowed within the
triangular area defined by this subsection.
(3)
Such triangular area shall be bounded by the intersecting
street center lines and a diagonal connecting two points. These points
are a distance from each end of the center line of each street of:
(a)
150 feet from the intersection of such street
center lines, if either street is an arterial street;
(b)
100 feet from the intersection of such street
and center line if either street is a collector or connector street;
(c)
75 feet from the intersection of such street
center lines, if both streets are local streets.
 |
I.
Cul-de-sac streets.
(1)
Cul-de-sac streets shall be permitted with a maximum
length of 1,000 feet and a minimum length of 250 feet, and must be
provided with a turnaround with a minimum radius of 40 feet to the
curbline and 55 feet to the legal right-of-way (see Figure 10.4).
No cul-de-sac street shall provide access to more than 20 dwelling
units.
(2)
The circular right-of-way of the cul-de-sac shall
be connected to the approach right-of-way by an arc having a radius
of not less than 100 feet. The circular paving of the cul-de-sac shall
be connected to the approach paving by an arc having a radius that
is 10 feet inward from the required minimum radius of the right-of-way
(see Figure 10.4).
(3)
The Board of Commissioners, upon the recommendation
of the Planning Commission, may permit acceptable alternative turnaround
designs, including a turnaround of acceptable radii incorporated into
a parking court or a landscaped island (with an acceptable system
for maintenance) within a cul-de-sac.
(4)
No street shall dead-end without an approved turnaround
at the end of the street. Temporary stub streets shall be required
to include at least a temporary cul-de-sac, if the stub would be longer
than 150 feet or serve more than three dwellings or lots. No street
that provides access to 15 or more dwelling units shall be served
with a temporary cul-de-sac.
 |
J.
Maintenance. As a condition for final plan approval,
the developer must enter into a legally binding agreement which shall
state who is to be responsible for the improvement and maintenance
of any street not offered for dedication. If an association of lot
owners is to be made responsible, such association must be legally
organized prior to plan approval by an agreement approved by the Township.
K.
Street design and traffic improvements.
(1)
Streets shall be graded, improved and surfaced to the grades and dimensions shown on approved plans, profiles and cross sections and in conformance to Chapter 225, Street Openings and Public Interest Improvements Construction, of the Code of the Township of Bethlehem.
(2)
Right-of-way grading.
(a)
The entire right-of-way shall be graded to the
approved cross section. All trees, stumps and other material deemed
unsuitable by the Township Engineer shall be removed. The excavation
shall be back filled and suitably compacted to the satisfaction of
the Township Engineer.
(c)
A proper superelevation (banked curves) shall
be provided on arterial, connector and collector streets and when
required by the Township Engineer.
(3)
Grading beyond right-of-way.
(a)
The subdivider or developer may be required
to grade beyond the right-of-way line in order to provide continuous
slope from the right-of-way line to the proposed elevation of the
abutting property.
(b)
Such grading beyond the right-of-way shall maintain
the original conditions of slope and contours except where stormwater
runoff designs dictate or warrant improvement or alteration of the
original slope and contours.
(c)
Approved plans, either preliminary or final,
showing proposed grading, shall be a covenant running with the land,
unless altered by written permission from the Board of Commissioners
in conjunction with the Northampton County Conservation District.
(d)
In areas of earth excavation or earth fill,
such grading shall be done to a maximum slope of three feet horizontal
to one foot vertical.
(4)
Drainage of streets.
(a)
Parallel and cross drainage facilities shall
be properly located, designed and installed to maintain proper drainage
of the completed streets.
(b)
Proper design and construction in accordance with those requirements may require the use of curb and gutter or paved drainage swales to prevent erosion. Drainage facilities shall be designed in accordance with requirements of Chapter 218, Stormwater Management, Part 1, Stormwater Control (see Article III, §§ 218-17 to 218-34).
(c)
The minimum diameter of any cross-drainage or
culvert pipe shall be 15 inches.
(d)
Open pipe ends must be fitted with concrete
end wells or wing walls or prefabricated end sections and with protective
safety gratings.
(e)
No open pipes shall be allowed to end within
the Township street right-of-way, except in cases where new driveways
must cross existing deep road side swales adjacent to existing Township
streets. In the case of these exemptions to the standard, the pipe
shall be located as far off the edge of pavement as possible (at least
20 feet from the street center line).
(f)
Energy dissipaters shall be placed at the outlets
of all pipes where flow velocities exceed maximum permitted channel
velocities.
(g)
Bridges and culverts shall be designed to support
expected loads in accordance with Federal Highway Administration standards,
to carry expected flows, and to be constructed to the full width of
the right-of-way in accordance with PennDOT standards. The applicant
shall determine whether a TIER permit is required.
(h)
Consideration shall be given for subgrade drainage
of those soils subject to frost heave. Design of the road bed in such
locations may require parallel drainage facilities and/or underdrains
to properly stabilize the subgrade. The Board of Commissioners may
require that such drainage facilities be provided. The design of such
subgrade drainage facilities shall be subject to the review and approval
of the Township Engineer.
(j)
Stormwater drainage. See Chapter 218, Stormwater Management, of the Code of the Township of Bethlehem.
(k)
A set of approved design plans shall be maintained
on file at the site during construction, as record drawings.
L.
Private streets. Any private street or accessway that
will eventually serve traffic from three or more dwelling units or
two or more industrial, commercial uses and or institutional uses
shall be designed and constructed to Township construction standards,
including the provision of a street right-of-way.
M.
Required traffic improvements.
(1)
If there is a reasonable relationship between the
need for a transportation improvement (including but not limited to
one or more of the following: new or upgraded traffic signal, land
dedication or trade for an improvement, intersection realignment or
widening, construction of street shoulders, street widening, intersection
widening, curve improvement, sight distance improvement and/or installation
of sidewalks) and a proposed subdivision or land development, the
subdivision or land development shall be required to fund its fair
share of the cost of such improvement or dedicate sufficient right-of-way.
(2)
In place of funding the improvement at the time of
final approval, the Township may enter into an agreement to allow
the developer to accomplish or fund the improvement in relationship
to the stages of the development or require the funds to be placed
in escrow until such time as sufficient funds are available for a
more comprehensive improvement. Any such funds received under this
section shall be accounted for separately and remain committed to
traffic improvements.
(3)
This section shall be carried out through determinations
of the Board of Commissioners, based upon recommendations of the Planning
Commission, which shall make determinations based directly upon any
recommendations of the Township Engineer and the Township Police Chief,
any comments from PennDOT and any professional traffic studies or
traffic accident information that have been submitted.
A.
Residential.
(1)
Maximum length. Residential blocks shall not exceed
1,500 feet in length in subdivisions using an average lot size of
one acre or larger and shall not exceed 1,200 feet in length in subdivisions
having an average lot size less than one acre.
(2)
Minimum length. Residential blocks shall have a minimum
length of 250 feet.
(3)
Blocks shall be of sufficient width to permit two
tiers or lots except where access is limited by virtue of an adjoining
arterial street or by virtue of topographic limitations.
B.
Nonresidential. Nonresidential blocks shall not be
less than 800 feet in length.
A.
Lots shall conform to the applicable minimum lot sizes, lot widths, setback and all other requirements as set forth in Chapter 275, Zoning, of the Code of the Township of Bethlehem.
B.
All lots shall front on a public or private street
improved to meet Township standards or for which improvements have
been insured by the posting of an acceptable performance guarantee
under this chapter.
C.
The depth-to-width ratio of a lot shall generally
not be greater than three to one.
D.
Side lines of lots shall abut and be approximately
at right angles to straight streets and on radial lines to curved
streets. Pointed or very irregularly shaped lots shall be avoided.
(See Figures 10.6 a, b, c and d.)
 |
E.
Frontage lots and planting strips.
(1)
Double frontage lots shall ordinarily not be created
except as needed to avoid direct vehicular access onto an arterial
street by individual driveways.
(2)
Planting strips.
(a)
On any double frontage or reverse frontage lots,
each lot shall include a 15 feet deep planting strip along one of
the streets with access clearly prohibited across this strip by notes
on any approved plan (see Figure 10.7).
 |
(b)
In addition to the street trees required by § 230-71 of this chapter, this planting strip shall include evergreen plantings meeting the requirements of § 275-171 of Chapter 275, Zoning, of the Code of the Township of Bethlehem. Any fencing in the rear of such lots shall be placed on the inside side of such plantings.
(c)
This planting strip shall be placed along the
street that the Planning Commission determines will eventually serve
the most through traffic (for example, if a lot abuts a collector
and a local street, the planting strip shall be placed along the collector
street and the lot shall only have vehicular access onto the local
street).
F.
If remnants of land (other than rights-of-way) exist
after subdividing, they shall be incorporated in existing or proposed
lots. No lot shall be created (especially abutting an arterial street)
that would not be suitable for a use permitted in that Zoning district.
G.
Bus stops.
(1)
Residential land developments or subdivisions that
involve 15 or more dwelling units shall contact the School District
to establish one or more acceptable and safe locations for a school
bus stop.
(2)
A major subdivision or land development may be required
by the Planning Commission to contact the local public transportation
agency to seek an appropriate location for a public bus stop.
[Amended 2-12-1990 by Ord. No. 3-90; 6-15-1998 by Ord. No.
2-98]
A.
Statement of findings and intent.
(1)
Residential, commercial, office and industrial subdivisions
and land developments create significant demands for open space, including
active and passive recreational areas and facilities.
(2)
There are natural resource areas in the Township which
are deserving of protection from development.
(3)
The Township has certain goals and objectives which are listed in the Comprehensive Plan, the Comprehensive Park, Recreation and Open Space Plan, Chapter 275, Zoning, of the Code of the Township of Bethlehem and this article.
(4)
To meet the demands for open space, to protect natural
resource areas from development and to achieve the aforesaid goals
and objectives it is necessary and desirable in the best interests
of the Township to provide for the dedication of open space and recreation
land or the payment of fees in lieu thereof.
B.
Applicability. This section shall apply to all applications
for subdivision or land development approval other than applications
that involve only minor plan changes or other adjustments or corrections
to a plan.
C.
Open space dedication.
(1)
Requirement and dedication. Every applicant for subdivision
or land development approval shall dedicate to the Township not less
than the minimum area of open space specified hereinafter, unless:
(3)
Dedication process.
(a)
The dedication shall be made by delivery to
the Township, prior to recordation of the approved subdivision or
land development plan:
[1]
A fully executed and acknowledged special warranty
deed, which shall be subject to the review and approval of the Township
Engineer and the Township Solicitor.
[2]
A current certification of title or policy of
title insurance issued by a reputable title insurance company authorized
to transact the business of title insurance in the Commonwealth of
Pennsylvania or current opinion of title by an attorney license to
practice law in the Commonwealth of Pennsylvania, which shall be subject
to the review and approval of the Township Solicitor.
(b)
The open space shall be conveyed free and clear
of all liens, encumbrances and easements (excepting existing easements
or restrictions of record which do not make the open space unsuitable
for its intended use and provided they do not render the title unmarketable).
D.
General open space requirements.
(1)
All open space shall satisfy, as applicable, the definitions contained in § 230-22 of this chapter, including "active recreation area," "natural resource area," "open space" and "passive recreation area." Open space proposed for condominium developments shall also satisfy the definition of "open space, common" in Chapter 275, Zoning, of the Code of the Township of Bethlehem, as amended.
(2)
The applicant shall clearly state, in writing, what
improvements, if any, it intends to make in connection with the development
such that the open space will be suitable for its intended purpose,
such as grading, landscaping or development of trails. All dedicated
open space shall be free of construction and other debris at the time
of dedication.
(3)
Open space shall initially be offered for dedication
to the Township. The Board of Commissioners may authorize the applicant
to offer the open space to another public entity, including the Bethlehem
Area School District or Northampton County.
(4)
If for any reason any dedication of open space is
not accepted by the Township or another public entity to which the
applicant is authorized by the Township to dedicate such space, the
applicant shall find an incorporated nonprofit land conservation organization
that is willing to accept ownership and maintenance responsibilities
for such space, provided such organization is acceptable to the Board
of Commissioners.
(5)
In the case of a rental development, the Township
may permit ownership of open space to be retained by the real owner.
(6)
Private reservation of open space for common use.
(a)
In the event the Township authorizes the private
reservation of open space for common use of lot or condominium owners,
the applicant shall provide to the Township documentation establishing:
(b)
Such agreement or declaration shall provide
that all owners within the subdivision or land development are required
to contribute financially to the such maintenance. Privately reserved
open space shall be protected by permanent deed restrictions and/or
conservation easements acceptable to the Board of Commissioners to
permanently prohibit the construction of buildings, except buildings
for preapproved types of noncommercial recreation or that are needed
to support maintenance of the open space. All such documentation is
subject to the review of the Township Solicitor and acceptance by
the Board of Commissioners.
(7)
Required open space shall be contiguous, except as
may be specifically exempted by the Board of Commissioners.
(8)
Required open space shall have adequate access for
maintenance and for pedestrians, bicyclists and emergency and service
vehicles.
(9)
Other ordinances. Any required dedication under this
section shall be in addition to any land dedication or improvement
requirements of any other Township ordinance or resolution, unless
specifically stated otherwise.
(10)
Prohibited lands. No area shall be used to meet
the minimum open space requirements of this section if such area is:
(a)
Within 25 feet of any building.
(b)
Within 25 feet of a parking area of more than
six parking spaces (other than parking areas specifically developed
to serve the open space).
(c)
Within 50 feet on each side of the center of
overhead electrical transmission lines of over 35 kilowatts of capacity.
(d)
Within stormwater detention basins.
(e)
Within stormwater retention basins unless the
dedicated area includes not less than five acres of open space exclusive
of the area of such basin and the Board of Commissioners finds that
such basin has exceptional recreational value by reason, for example,
of its design, appearance and/or proximity to existing or proposed
public parks.
(11)
Coordination with future or adjacent development.
(a)
In a phased plan, the dedication of open space
shall be made as a part of the first phase of development.
(b)
If only a portion of a larger tract of land
is currently proposed to be subdivided or the applicant owns one or
more adjacent tracts that are not currently proposed to be subdivided,
the applicant shall provide a sketch showing areas for possible future
dedication on such adjacent tract or tracts.
(c)
The Board of Commissioners may require that
open space to be dedicated within land currently being subdivided
be placed along an edge of such lands so that such space may, in the
future, be combined with an open space dedication on the edge of an
adjacent property when that adjacent property is subdivided or developed.
E.
Fees in lieu of open space dedication.
(1)
If the total area of proposed active recreation area
and passive recreation area is less than two contiguous acres, or
if such area is not acceptable to the Board of Commissioners, the
Township may accept fees in lieu of the dedication of open space,
as provided below:
[Amended 8-7-2000 by Ord. No. 3-00; 6-7-2004 by Ord. No.
02-04]
(2)
The foregoing fees above may be revised by subsequent
resolution and/or official fee schedule of the Board of Commissioners.
F.
Decision on dedication of open space versus payment
of fees. The Board of Commissioners shall determine whether a dedication
of open space or the payment of fees in lieu thereof is preferable.
If the Board of Commissioners determines that payment of fees is preferable,
but an applicant refuses in writing at or prior to the time of preliminary
plan approval to the payment of such fees, the dedication of open
space shall be required. The Board of Commissioners should, at a minimum,
consider the following factors in making such determination:
(1)
Whether the location of the open space abuts or can
be connected to other open space which is currently or potentially
publicly owned.
(2)
Whether the dedication of open space in that location
would serve a valid public purpose, such as providing a buffer between
different types of land uses.
(3)
Whether the proposed open space is accessible to pedestrians,
bicyclists and emergency and service vehicles.
(4)
Whether the area in the general vicinity of the development
has existing, adequate open space.
(5)
Any recommendations that may be received from the
Planning Commission, the Township Engineer, the School District, the
Parks and Recreation Committee or other Township boards and commissions.
(6)
Relevant provisions of the Comprehensive Park, Recreation
and Open Space Plan and/or Comprehensive Plan.
G.
Limitations on use of fees.
(1)
All fees collected pursuant to this section shall
be placed within one or more interest bearing account(s), which shall
be accounted for separately from other Township funds.
(2)
At the time of final subdivision or land development
approval, the Township shall designate the location of existing open
space and/or facilities or the approximate location of intended open
space and/or facilities where the fees are intended to be utilized.
Such open space and/or facilities shall be accessible to the inhabitants
of the development that paid such fees. Notwithstanding the foregoing,
fees from any development may be used within any "community-wide"
park that the Board of Commissioners determines clearly is intended
to serve all inhabitants of the Township.
(a)
The Board of Commissioners may by resolution
modify the locations where fees are to be expended, if conditions
change or opportunities more appropriate arise.
(b)
In the event that the Board of Commissioners
does not designate specific open space and/or facilities for the use
of fees, then such fees shall be deemed as designated for use at the
central Bethlehem Township Municipal Park on Farmersville Road.
(3)
Use of funds.
(a)
All fees paid under this section shall be used
only for the following:
[1]
Acquisition of public open space (including, but not limited to,
property transfer costs).
[2]
Development of public recreational facilities.
[3]
Renovation of new or existing public recreational facilities.
[4]
Landscaping of public open space.
[5]
Closely related professional engineering work, such as design and
preparation of construction specifications and/or bid documents.
(b)
Such fees shall not be used for maintenance of existing facilities,
provision of recreation programs or other administrative costs.
H.
Timing of payment of fees.
(1)
If a subdivision or land development involves single-family
detached, single-family semidetached and/or two-family dwellings,
the fee shall be paid as follows: $500 for each dwelling unit shall
be paid prior to recording of the approved plan and the remaining
$500 for each dwelling unit shall be paid as each lot is sold or upon
making application for a building permit, whichever occurs first,
until the remaining amount is paid. In all cases, the total fee shall
be paid for the entire subdivision or land development within five
years from the date of final plan approval.
(2)
If a subdivision or land development involves commercial,
office or industrial uses, the fee shall be paid prior to the recording
of a final approved plan or, in the case of a plan that is not required
to be recorded, within five years of the final approval date, unless
an alternate payment schedule is mutually agreed to by the Board of
Commissioners and the applicant as a condition of final plan approval.
(3)
As a condition of any agreement or condition to pay
fees in installments, the applicant shall accept that all such fees
shall not be considered to be "paid" for the purposes of any applicable
time limitations for utilization under Act 247[1] until all such fees are paid in full, including all installments
and phases.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
I.
Combination of land and fees. Upon mutual agreement
of the Board of Commissioners and the applicant, the Township may
accept a combination of dedication of open space and fees in lieu
thereof to meet the requirements of this section, as follows:
(1)
In residential subdivisions or land developments,
this combination shall be based upon the open space requirement that
applies to a certain number of dwelling units and the fee in lieu
thereof that applies to the remaining number of dwelling units.
(2)
In commercial, office and industrial subdivisions or land developments, the applicant shall pay fees equal to the difference between the amount of fees payable pursuant to Subsection C(1)(b) and the market value of the dedicated open space. The applicant shall have the burden of clearly proving to the satisfaction of the Board of Commissioners the market value of such dedicated open space by evidence from qualified real estate professionals.
J.
Fee modification process.
(1)
An applicant may seek a modification or reduction
of fees by offering in writing in a contractually binding form to:
(2)
The Township may accept such modification if the applicant
clearly proves to the satisfaction of the Board of Commissioners,
after providing the Parks and Recreation Committee with an opportunity
for review, that such alternative will be substantially equivalent
to the value of the land and/or facilities needed to meet the majority
of the open space and recreation needs to meet the majority of the
open space and recreation needs that can be expected to be generated
within the Township from the inhabitants of the development. Such
modification shall be based upon an estimate of the market value of
the improvements by the applicant's engineers, which shall be subject
to acceptance by the Board of Commissioners. The cost of constructing
such improvements shall be secured to the Township by the provision
of financial security in the same form and manner as financial security
for municipal and common improvements.
A.
In general. All subdivisions and land developments
shall be served with an adequate sewage disposal system (either on-lot
or centralized system) that will meet state regulations.
B.
Central sewage service. In addition to the above general
requirements, central sewage disposal systems shall also be reviewed
and approved by the appropriate Municipal Authority or agency.
C.
On-lot sewage disposal system.
(1)
Where it is not deemed by the Municipal Authority
to be feasible and reasonable to connect to a centralized sewage disposal
system, on-lot systems may be used and shall be constructed in accordance
with DEP regulations.
(2)
The Township sewage enforcement officer's site and
soils investigation and favorable report are required prior to approval
of the preliminary plan.
(3)
Any use with an on-lot septic system and that does
not have capped sewers shall include a suitable land area set aside
in open space that would be available for an alternate septic system
if needed.
A.
In general. All subdivisions and land developments
shall be served with an adequate water supply system (either on-lot
or centralized system) that will meet DEP requirements. Any nonpublic
water supply system serving two or more principal uses or lots shall
be required to provide adequate water pressure, in the determination
of the Township.
B.
Centralized water supply system. Proposed extensions
of centralized water systems shall meet all applicable procedures,
reviews and requirements of the appropriate municipal authority or
public utility and meet with their approval prior to final plan of
any plan relying upon such system.
C.
On-lot water supply systems.
(1)
The Board of Commissioners, based upon any recommendations
of the Planning Commission, the Township Engineer and the appropriate
water supplier, shall require all lots and principal uses within a
subdivision or land development to be connected to the central water
system where the Commissioners determine that such connection would
be feasible and reasonable. When a subdivision or land development
is not required to connect to a central water system, on-lot water
systems shall be constructed in accordance with regulations of DEP.
(2)
Wells should be located no closer than 25 feet to
any future street right-of-way.
D.
Fire hydrants. All subdivisions and land developments
that will be served by public water service shall provide fire hydrants
as needed with appropriate water pressure so that all dwelling units
and principal buildings are within 600 feet of an active fire hydrant.
All electric power, telephone, cable television
and natural gas distribution lines shall be placed underground except
where the Planning Commission determines it is not feasible, and in
accordance with the current standards of the utility serving the subdivision
or development.
A.
Access. A state highway occupancy permit is required
for all entrances of an access drive or driveway onto a state road.
B.
Location. The minimum distance between an access drive
or driveway to a street intersection shall be as follows:
|
Distance Between Center Lines of Access
Drive or Driveway and Nearest Intersection Street by Type of Intersecting
Street
| ||||
|---|---|---|---|---|
|
Type of Subdivision or Land Development
|
Arterial
(feet)
|
Collector or Connector
(feet)
|
Local
(feet)
| |
|
Residential
|
50
|
100
|
75
| |
|
Residential — other than single-family
detached dwelling or garden apartments
|
150
|
75
|
50
| |
|
Nonresidential or mixed
|
300
|
200
|
150
| |
D.
Grades. Grades of access drives or driveways shall
not exceed 12% when connecting to a local or collector street and
7% when connecting onto an arterial street; however, the initial 20
feet from the edge of the cartways of an arterial street shall not
exceed 4% and the initial 20 feet from the edge of the cartways of
any other street shall not exceed 7%.
E.
Drainage. The developer shall make adequate provisions
to maintain uninterrupted parallel drainage along a public street
where intersected by an access drive or driveway. Access drives and
aisles within parking lots shall be graded and drained to keep the
primary travel lane free of stormwater.
F.
Throat length. Throat length for driveways and access
roads that intersect arterial, connector and collector streets, serving
nonresidential development, apartment complexes, and mobile home parks,
shall comply with the following standards. The throat length shall
be measured from the point where the access road meets the arterial,
connector or collector street to the first point where the access
road meets an on-site circulation road or lane.
[Added 6-19-2006 by Ord. No. 04-06]
G.
Driveway and access road radii. For driveways or access
roads serving single-family residential uses, the minimum radius shall
be 15 feet along arterial streets. For all other driveways or access
roads, the minimum radius shall be 25 feet along arterial streets.
[Added 6-19-2006 by Ord. No. 04-06]
H.
Truck circulation. The plan shall demonstrate that
adequate circulation is available for trucks of the size expected
to service the facility, and that the trucks can reach the loading/unloading
areas without crossing parking spaces. The lanes shall be of adequate
width to accommodate the trucks.
[Added 6-19-2006 by Ord. No. 04-06]
A.
Sidewalks built to Township specifications shall be
required in all subdivisions and land developments.
(1)
Waiver. The Board of Commissioners may, after receiving
the recommendation of the Planning Commission, waive a requirement
for sidewalks on one or both sides of a street if a development would
include an acceptable system of internal pathways, or be within in
a clearly industrial area, or where all of the lots in a residential
subdivision would be both greater than one acre in lot area and have
greater than 150 feet of street frontage.
B.
Pathway or bikeway.
(1)
If deemed necessary for the convenient and safe circulation
of bicycles and pedestrians, the Board of Commissioners, upon the
recommendation of the Planning Commission, may require that a major
subdivision or land development include the granting of an easement
for a pathway or bikeway.
(2)
A bikeway or pathway may be required to have a width
of up to eight feet and may be required to be illuminated and/or paved
to Township standards.
(3)
A bikeway or pathway may be included within the required
minimum area of an abutting lot.
C.
Location.
(1)
Sidewalks, where required or provided, shall be located
within the street right-of-way and no closer than one foot to the
right-of-way line nor closer than three feet to the curbline. A standard
street cross-section diagram is available from the Township Engineer.
(2)
A grass planting strip shall be planted between the
curb and sidewalk. This strip shall not be paved except at driveway
entrances.
D.
Specifications.
(2)
Construction. See Chapter 225, Street Openings and Public Interest Improvements Construction, of the Code of the Township of Bethlehem, as amended.
(3)
Pathways shall be constructed of one of the following,
at a minimum: four inches of portland cement concrete underlain by
four inches of compacted gravel or crushed stone or 2.5 inches of
bituminous underlain by six inches of compacted gravel or crushed
stone.
E.
Handicapped access. All sidewalks and curbs at the
intersection of two or more public streets shall include a sloped
curb cut suitable for use by wheelchairs.
[Amended 3-6-1995 by Ord. No. 1-95]
A.
The developer shall be required to provide streetlights
when the Board of Commissioners, upon the recommendation of the Planning
Commission, deems them necessary to provide safe traffic or pedestrian
circulation. Streetlights shall be required to be provided at intersections
involving a collector, connector and/or arterial street, at sharp
curves in streets and at very isolated areas of a development.
B.
Such lights shall meet design standards established
by the Township and the public utility. The Planning Commission may
approve alternative pole designs that still meet electric company
standards. Generally, light poles should be no brighter than 175 watts
and be spaced approximately 500 feet apart.
C.
The Board of Commissioners may require a developer
to establish a homeowner or condominium association to fund the maintenance
of and electricity for streetlights in a development.
D.
Such lights shall be installed upon the installation
of the base course of pavement of the approved streets.
[Amended 3-6-1995 by Ord. No. 1-95]
A.
The developer shall provide the subdivision or land
development with adequate street signs at the intersection of all
streets and with any other signs required, or fund such signs if provided
by the Township.
B.
Street name signs shall be constructed of extruded
aluminum measuring six inches high. The width shall be determined
by the length of the street name, but in no event shall it exceed
36 inches. The background shall be blue reflective sheeting, E.G.,
H.A. Letters shall be White Series "B" Heat Activated and shall be
four inches high for the street name and two inches high for abbreviations
such as "Avenue." The signs shall be installed on the top of a round
galvanized post measuring two inches in diameter, 10 feet in length
and with walls 0.65 inch thick. The sign shall be seven feet above
grade after installation. A pin shall be driven through the post 10
inches to 12 inches from the bottom of the post to prevent the sign
from turning.
C.
Street names are subject to the approval of the Board
of Commissioners and U.S. Postal Service, and shall continue the name
of any street with the same alignment, and shall not duplicate or
be closely similar to the name of another street within the Township
or the zip code.
D.
Such signs shall be installed upon the installation
of the base course of pavement of the approved streets.
[Amended 3-6-1995 by Ord. No. 1-95]
A.
The developer shall be required to provide or fund
traffic regulatory signs that shall meet current design standards
as established by PennDOT.
B.
Such signs shall have a clear height of seven feet.
C.
Such signs shall be installed upon the installation
of the base course of pavement of the approved streets.
A.
Street trees.
(1)
Street trees are required to be planted under this
section within all land developments and major subdivisions. Street
trees shall not be required for frontage along a single-family detached
residential lot with a lot area of greater than two acres or a clearly
agricultural lot with a lot area of greater than two acres.
(a)
The Planning Commission or any Township Shade
Tree Commission may approve other species of trees than those listed
below if the applicant proves to the satisfaction of either Commission
that the trees would be sturdy, attractive and resistant to disease
and road salt.
(b)
If more than 20 street trees are required, no
more than 50% of the trees shall be of any one species.
(c)
Permitted species of trees.
[1]
Deciduous:
|
Botanical Name
|
Common Name
| |
|---|---|---|
|
Gleditsia triacanthos
|
Thornless locust
| |
|
Acer rubrum
|
American red maple
| |
|
Acer saccharum
|
Sugar maple
| |
|
Celtis occidentalis
|
Common hackberry
| |
|
Fagus sylvatica
|
European beech
| |
|
Fraxinus pennsylvania
|
Green ash
| |
|
Fraxinus americana
|
White ash
| |
|
Ginko biloba fastigiata
|
Maiden hair tree (male only)
| |
|
Juglans nigra
|
Eastern black walnut
| |
|
Liquidambar styraciflue
|
Sweet gum
| |
|
Liriodendron tulipifera
|
Tulip poplar
| |
|
Quercus phellos
|
Willow oak
| |
|
Quercus acutissima
|
Sawtooth oak
| |
|
Quercus imbricaria
|
Shingle oak
| |
|
Quercus borealis
|
Red oak
| |
|
Quercus coccinea
|
Scarlet oak
| |
|
Sophora japonica
|
Chinese scholar tree
| |
|
Quercus macrocarpa
|
Bur oak
| |
|
Quercus alba
|
White oak
| |
|
Populus deltoides
|
Eastern poplar
| |
|
Quercus montana
|
Chestnut oak
| |
|
Quercus velutina
|
Black oak
| |
|
Tilia american
|
American linden
| |
|
Tilia petiolaris
|
Silver linden
| |
|
Tilia euchlora
|
Crimean linden
| |
|
Tilia cordata
|
Little leaf European linden
| |
|
Zelkova serrats
|
Zelkova
|
[2]
Evergreen:
|
Botanical Name
|
Common Name
| |
|---|---|---|
|
Ilex opaca
|
American Holly
| |
|
Picea morika
|
Serbian spruce
| |
|
Picea pungens
|
Colorado spruce
| |
|
Pinus thunbergi
|
Japanese black pine
| |
|
Pseudotsuga taxifolia
|
Douglas fir
| |
|
Tsuga canadensis
|
Canada hemlock
| |
|
Tsuga caroliniana
|
Carolina hemlock
| |
|
Larix decidua
|
European larch
|
(3)
Minimum size. The trunk diameter (measured at a height
of one foot above the finished grade level) shall be a minimum of
two inches.
(4)
Planting and maintenance.
(a)
Trees shall be planted and staked in conformance
with good landscaping practices.
(b)
Trees adjacent to or within parking areas shall
be properly protected from damage by vehicles by raised curbs, similar
devices or sufficient setback.
(c)
Required trees shall be properly maintained
and shall not be removed by the developer without being replaced by
another tree that meets the requirements of this section.
(5)
Required number of street trees.
(a)
Within and abutting all land developments and
major subdivisions, along any street, or any access drive serving
more than one commercial, industrial or institutional principal use,
an average of one deciduous street tree shall be required for every
50 feet of distance along the street right-of-way line on each affected
side of the street.
(b)
In a residential subdivision or land development,
if dwellings do not front onto the street right-of-way, evergreen
trees meeting the requirements of this section should be substituted
for trees.
(6)
Spacing. The trees required under this section shall
be generally spaced throughout the development, but may be clustered
at locations acceptable to the Planning Commission. If trees are to
be planted on both sides of a street, they should be planted so that
the trees alternate and are not lined up exactly with the tree on
the other side of the street.
(7)
Location of street trees. The trunk of street trees
required under this section shall be set back a minimum of two feet
and a maximum of 15 feet from any established curbline, or at least
five feet from the edge of the cartways and the shoulder of a street
and no more than 10 feet outside of the proposed street right-of-way
if no curbline is established, unless the Board of Commissioners approves
another location or another location is needed to ensure adequate
sight distance. Where trees are to be planted between the curb and
the sidewalk, special consideration shall be given to the species
of trees that are planted.
(8)
Other requirements. The street trees required under this section shall be in addition to any trees required under other Township regulations, including the parking lot landscaping requirements of Chapter 275, Zoning, of the Code of the Township of Bethlehem.
(9)
Credit for existing trees. If existing healthy street
trees are to be preserved that would, in the determination of the
Planning Commission, generally meet the intent and requirements of
this section, they may serve as a credit towards the number of street
trees required to be planted.
B.
Ground cover.
(1)
Exposed ground surface in all parts of the subdivision
shall be paved or covered with stone screenings or other solid material,
or protected with a vegetative growth that is capable of preventing
soil erosion and the emanation of dust during dry weather.
(2)
The vegetative cover shall not be poisonous in nature.
D.
Preservation of existing trees. All trees six inches
or more in diameter (measured at a height of four feet above original
grade) shall not be removed as part of or in preparation for a subdivision
or land development unless they are located within five feet of a
proposed cartways or street shoulder, or within a stormwater detention
basin, parking area, sidewalk portion of the right-of-way, driveway,
on-site sewage system, within 20 feet of the foundation area of a
new structure, or unless they are diseased or are excessive in number
and thinning will promote and enhance the healthy development of the
remaining trees.
E.
Natural and historic feature preservation. Substantial
and sensitive natural features and historic structures and important
archaeological sites worthy of protection, as determined by the Board
of Commissioners upon the advice of the Planning Commission shall
be respected, incorporated into and protected in any subdivision or
land development.
(1)
These features include, but are not limited to natural
drainage channels, waterways and falls, large trees or groves, highly
scenic views and important community landmarks.
A.
Monuments.
(1)
Location. Permanent reference monuments shall be located
at each intersection of street center lines of street(s) constructed
by the developer, at the beginning and ending of all street curves,
and at exterior corners of the subdivision. With the approval of the
Township Engineer, the subdivider may install monuments on only one
side of the street provided that enough monuments are set to permit
a surveyor to stake out accurately any building lot shown on the record
plan.
(2)
Type. Reference monuments shall be constructed of
steel reinforced portland cement concrete to the dimensions shown
in the accompanying sketch or other material approved by the Township
Engineer.
 |
(3)
Placement. Reference monuments shall be placed so
that the top of the monument is as shown in the accompanying sketch.
B.
Lot pins. All lot corner markers shall be permanently
located and shall be at least a 3/4 inch metal pin or pipe with a
minimum length of 20 inches located in the ground to existing grade.
A.
Curbs shall be provided along both sides of all public
streets and all private streets.
B.
Deferment. Curbs may be deferred by the Board of Commissioners
along single-family detached residential lots that have a lot area
of greater than two acres or clearly agricultural lots that have a
lot area of greater than two acres.
C.
If curbs are deferred, appropriate stabilized drainage
channels designed to handle a twenty-five-year storm shall be required
along all streets, within the street right-of-way, or drainage easements.
D.
Rolled curbs are not permitted.
E.
All required curbs shall meet Township specifications.
A.
Erosion and sedimentation plan.
(1)
Any land development or subdivision that will involve
the disturbance of more than one acre of earth shall be required to
submit to the County Conservation District and the Plans Administrator
an "erosion and sedimentation control plan" that will show how the
requirements of DEP Title 25 Rules and Regulations, Chapter 102, as
amended, will be met. These DEP requirements are hereby made a part
of this chapter by reference. Any violation of these erosion and sedimentation
control regulations or an approved erosion and sedimentation control
plan shall be a violation of this chapter.
(2)
The Planning Commission may require any land development
or subdivision involving more than 5,000 square feet of earth disturbance
submit an erosion and sedimentation plan and have the plan reviewed
by the Township Engineer, at the cost of the applicant.
(3)
Compliance with the submitted erosion and sedimentation
control plan (and any revisions officially filed with the Township)
shall automatically be a condition of any final plan approval.
(4)
The County Erosion and Sediment Control Handbook shall
be used as a resource in soil protection planning and in the review
of such plans.
(5)
The landowner shall be responsible for carrying out
the requirements of the erosion and sedimentation control plan during
earthmoving activities.
B.
All areas of the subdivision shall be stabilized by
seeding or planting. Slopes steeper than 15% shall be further protected
by mulching which shall be adequately tied down.
[Added 1-15-2001 by Ord. No. 1-01]
A.
Plan requirements. Each plan shall disclose as a natural
feature the existence of all closed topographical depressions (including
but not limited to sinkholes), and other features evidencing ground
subsidence hazards. Where such ground subsidence hazards exist, the
final plan shall contain a plan note clearly establishing the responsibility
of the owner(s), their heirs, executors, administrators, successors
and assigns to repair sinkholes and other ground subsidence, if any,
occurring on the site.
B.
Studies, reports, and utilization of mitigation procedures.
When such ground subsidence hazards exist on the site, the applicant
shall perform such geologic studies as may be required by the Township
Engineer, and shall submit a geology report from a professional geologist,
or a professional engineer with demonstrable education or experience
in geotechnical engineering, for the review and approval of the Township
Engineer, relating to such ground subsidence hazards. The applicant
shall utilize such construction methods, techniques and procedures
as are set forth in the report and/or as recommended by the Township
Engineer to mitigate the ground subsidence hazards, and shall submit
detail sheets for the review and approval of the Township Engineer
showing such methods, techniques and measures.
C.
Placement of stormwater management facilities, detention
and retention basins.
(1)
Any storm sewer pipe laid within 200 feet of a closed
topographical depressions (including but not limited to sinkholes)
shall utilize watertight joints.
(2)
All detention and retention basins shall be lined
with a synthetic impermeable membrane. The material selection shall
be subject to the review and approval of the Township Engineer. Installation
shall be in strict accordance with the membrane manufacturer's recommendation.
If any voids due to karst geology are uncovered during excavation
for the basin, then the procedure listed below shall be utilized.
(3)
For any detention or retention basin within 200 feet
of a closed topographical depression (including but not limited to
sinkholes), in addition to the synthetic impermeable membrane required
supra, excavation shall extend a minimum of two feet below the proposed
level of subgrade material. All voids uncovered during such excavation
shall be repaired under the direction of a professional geologist,
or a professional engineer with demonstrable education or experience
in geotechnical engineering. Fill material to the proposed level of
subgrade material shall be clay, compacted to ensure a permeability
of less than one by 10-7 centimeters per
second. Permeability shall be measured and certified by a professional
geologist, or a professional engineer with demonstrable education
or experience in geotechnical engineering. A synthetic impermeable
membrane shall be installed on top of the compacted clay layer. The
proposed membrane material shall be subject to the review and approval
of the Township Engineer. Installation of the synthetic impermeable
membrane shall be in strict accordance with the membrane manufacturer's
recommendations.
D.
Disclaimer. Whereas the exact occurrence of sinkholes
and other ground subsidence is not predictable, the administration
of these regulations shall create no liability on behalf of the Township,
the Township Engineer, Township employees or any Township agency as
to damages which may be associated with sinkhole formation and other
ground subsidence. Compliance with these regulations represents no
warranty, finding, guarantee or assurance that a sinkhole or other
ground subsidence will not occur on an approved property. The Township,
its agencies, consultants and employees assume no liability for any
financial or other damages which may result from sinkhole or other
ground subsidence activity.
