A.
The standards and requirements outlined herein shall be considered
minimum standards and requirements for the promotion of the public
health, safety, morals, and general welfare.
B.
Where literal compliance with the standards specified herein is clearly
impractical, the Board of Supervisors may, upon the written request
of the applicant, modify or adjust the standards to permit reasonable
utilization of property while securing substantial conformance with
the objectives of this chapter. Such modifications, together with
the reasons therefor, shall be in writing.
C.
Where areas or instances of design arise not directly addressed by
this chapter, the guidelines, policies, and standards of practice
of the Pennsylvania Department of Transportation, Pennsylvania Department
of Environmental Resources, the U.S. Department of Agriculture Soil
Conservation Service, the U.S. Department of Transportation, Montgomery
County Soil and Water Conservation District, the American Society
of State Highway and Transportation Officials, the American Society
of Civil Engineers, the Institute of Traffic Engineers and other generally
recognized design authorities shall be consulted and observed by the
applicant. In all instances where the minimum standards of design
are not sufficient to protect the health, welfare, and safety of the
public, the Board of Supervisors, upon the advice of the Township
Planning Commission and Township Engineer, reserves the right to require
higher standards of design.
The following principles of subdivision and land development,
general requirements, and minimum standards of design shall be observed
by the applicant in all instances:
A.
All subdivisions shall conform to design standards that will encourage
good development patterns within the Township. All subdivisions shall
conform to the streets, drainage right-of-way, school sites, public
parks and playgrounds, etc., as shown on the officially adopted Comprehensive
Plan of Towamencin Township, as last amended.
B.
All portions of a tract being subdivided shall be taken up in lots,
streets, public lands or other proposed uses so that remnants and
landlocked areas shall not be created. Exceptions may be made at the
discretion of the Board of Supervisors, upon recommendations from
the Township Planning Commission, when a limited number of lots (comprising
no more than 15% of the total area of any tract) are created, which
clearly will not affect the ultimate development of a particular tract.
The burden of proof is on the applicant to show that limited subdivision
will not affect the ultimate development of the entire tract.
C.
Whenever possible, applicants shall preserve trees, groves, waterways,
scenic points, historic spots and other community assets and landmarks.
The applicant should refer to the Comprehensive Plan of Towamencin
Township, as last amended, to help identify features worthy of preservation.
D.
Subdivision and land developments should be laid out so as to avoid
the necessity for excessive cut or fill unless specifically warranted
by terrain or location.
E.
F.
Where no centralized water supply is available to the subdivision
or land development, the Board of Supervisors may require the subdivider,
developer, or builder to obtain from the Department of Environmental
Resources certificates of approval as to the quality and adequacy
of the water supply proposed to be utilized by the subdivider, developer,
or builder, and approval of the type and construction methods to be
employed in the installation of the individual water supply system,
in accordance with current state and Township regulations. Consideration
should be given to the probability of an eventual interconnection
with a centralized water system in the future.
G.
The subdivision plat shall be planned, designed, constructed and
maintained to require the minimum feasible amounts of land coverage,
and the minimum feasible disturbance of soil and site by grading,
excavation and other land alterations.
H.
The subdivision plat shall be planned, designed, constructed and
maintained to avoid substantial probabilities of:
I.
Where the subdivision or land development is inaccessible to sanitary
sewers, the Board of Supervisors shall require the subdivider, developer
or builder to obtain from the Department of Environmental Resources,
the Montgomery County Health Department and Towamencin Township certificates
of approval of the sewage disposal facilities to be provided by the
subdivider, developer or builder, in accordance with current state
regulations.
J.
Applicants shall observe the ultimate rights-of-way for contiguous
existing streets as prescribed by the Ultimate Right-of-Way Map for
the Township. Additional portions of the corridors for such streets
shall be offered for dedication, when required by the Township, to
the governmental agency having jurisdiction. Applicable building setback
lines shall be delineated as measured from the ultimate right-of-way.
Additional right-of-way may be necessary at intersections for turning
lanes.
K.
Proposed subdivision and land development shall be coordinated with
the existing nearby neighborhood so that the community, as a whole,
may develop harmoniously.
L.
Improvement construction requirements will be completed under specifications
of the Pennsylvania Department of Transportation; Montgomery County
Public Works Department, Roads and Bridges Division; Department of
Environmental Resources; the Montgomery County Conservation District;
the Upper Gwynedd-Towamencin Municipal Authority; Towamencin Township
or other appropriate agencies or the specifications included herein,
whichever specifications shall result in the more favorable interpretation
of this chapter.
M.
Construction of facilities. The subdivider, developer or builder
shall, where specified by the governing body, construct and install
with no expense to the Township the streets, curbs, sidewalks, water
mains, sanitary and storm sewers, streetlights, fire hydrants, street
signs, shade trees, monuments and other facilities and utilities specified
in this article. The construction and installation of such facilities
and utilities shall be subject to inspection by appropriate Township
officials during the progress of the work, and the subdivider shall
pay for inspection.
A.
In reviewing subdivision plans, the Township Planning Commission
shall consider whether community facilities in the area are adequate
to serve the needs of the additional dwellings proposed by the subdivision
and shall make such report thereon as it deems necessary in the public
interest.
B.
Subdividers shall reserve land for both public and quasi-public community
facilities and will reserve areas for facilities normally required
in residential neighborhoods, including churches, libraries, schools
and other public buildings, and parks, playgrounds and playfields.
C.
Areas provided or reserved for such community facilities should be
suitably prepared to provide for such use.
D.
Prior to the preparation of plans, subdividers of large tracts shall
review with the Township Planning Commission the minimum standards
for various community facilities applicable to the tract being subdivided.
E.
Parks, recreation, and open space land. Except as already provided
within the MRC District, the Township Planning Commission shall consider
the need for suitable open areas for recreation and shall make a recommendation
thereon. Standards to be used by the Township Planning Commission
in determining space for recreation shall be as follows:
|
Dwelling Units
|
Minimum Playground and Neighborhood Park Acreage
| |
|---|---|---|
|
1 to 49
|
1.5 to 2.5
| |
|
50 to 100
|
2.5 to 3.5
| |
|
100 to 200
|
3.5 to 5.0
| |
|
200 to 400
|
5.0 to 7.0
| |
|
For each additional 100 units
|
1.0 to 2.0
|
|
NOTE: A fee may be required in lieu of dedication.
| ||
(1)
Provision shall be made for suitable open space for parks, playgrounds,
and recreational areas (hereafter called "open space"), with consideration
being given to the preservation of natural features, including large
trees, groves of trees, waterways, scenic points, historic points,
and other community assets.
(2)
Amount. Land for open space shall be provided in any subdivision
or land development as follows:
(a)
Single-family residential. For any subdivision or land development of one or more units, there shall be set aside for open space 2,000 square feet (185.8 square meters) of land for each and every dwelling unit, excluding existing dwelling units. Such land shall meet the requirements of Subsection E(3) hereof.
(b)
Multifamily residential.
(c)
Nonresidential.
[1]
Open space shall be provided in conjunction with development of all nonresidential uses including, but not limited to, the following, except as hereafter provided for: Shopping Center, Commercial, and Village Commercial, Planned Business Campus, Limited Industrial, and Institutional, by setting aside 10% of the gross area of the tract being developed. Such land shall meet the requirements of Subsection E(3) hereof.
(d)
Fee in lieu of.
[1]
In lieu of requiring the open space for residential or nonresidential
uses as set forth above, the Board of Supervisors and applicant may
agree for the payment, in lieu of the dedications as set forth in
this chapter, of certain payments or capital contributions.
[2]
With regard to Shopping Center, Commercial and Village Commercial,
Planned Business Campus, Limited Industrial and Institutional, a payment
as adopted by resolution of the Board of Supervisors for each 3,000
square feet (278.7 square meters) or part thereof of building area.
(3)
Open space land.
(a)
Land to be provided for open space in connection with a subdivision
or land development shall be suitable for its intended purpose. The
following shall not be included in the calculation of required open
space land:
(b)
The land to be provided shall be set aside as contiguous parcels
unless the subdivision or land development is of such a size as determined
by the Board of Supervisors as to warrant the development of separate
open spaces, to serve different parts of the tract. Any parcel provided
as open space shall be accessible from a public street.
(c)
Land required to be set aside under Subsection E(2) above shall be offered for dedication to the Township of Towamencin for open space use. As part of the provision of public improvements with respect to development of the subdivision or land development, the developer shall make provisions for improvements, if any, required to make the open space area usable for its intended purposes. Such improvements shall be shown on the plans prior to final approval by the Township together with a note setting forth that the parcels are offered for dedication to the Township. Provision for the cost of improvements shall be made in the development agreement and necessary funds escrowed or otherwise provided for in the same manner as other funds are provided for the costs of other public improvements. A Phase I environmental study shall be completed by the applicant for all lands to be dedicated to the Township. Five copies of the study shall be submitted to the Township for review.
(d)
In the event that the Township does not wish to accept the dedication of the proposed open space land required to be set aside under Subsection E(2) above, the developer shall, as part of the final approval of the development plan, present a plan subject to the approval of the Township for the perpetual maintenance of such open space land as, for example, a homeowners' association or similar entity.
(e)
Where the Board of Supervisors and applicant/developer determine, in their judgement, not to require the provision of land pursuant to Subsection E(2)(a), (b), or (c) above, as a whole or in part thereof, for open space, the developer shall be required to pay a fee in lieu of the provision of open space as set forth by resolution of the Board of Supervisors for each proposed dwelling unit or each 3,000 square feet (278.7 square meters) of building area of a nonresidential use in the subdivision or land development. Such a fee shall be payable at the time of final approval of the development plan. All monies paid under the provisions of this subsection shall be set aside in a separate account to be used for the acquisition and improvement of parks, and open space.
(f)
Fees collected under this section will be deposited in an interest-bearing
account identifying it as being set aside for recreational purposes
and will be used within a period of three years in accordance with
the Township Park and Recreation Plan. It is understood that said
plan, from time to time, may be amended and funds collected under
this chapter shall be used in order to effectuate the plan as currently
existing or as further amended.
F.
Minimum land area. An individual area of less than two acres (8,094
square meters) shall not be reserved for recreation purposes if it
will be impractical or impossible to secure additional lands in order
to increase its area unless such smaller area is approved by the Township
Planning Commission and Supervisors as, for example, to provide a
tot lot.
G.
Land reserved for recreation purposes shall be of a character and
location suitable for use as a playground, playfield, or for other
recreation purposes, and shall be relatively level and dry, not within
an area subject to flooding; and shall be improved by the developer
to the standards required by the Board of Supervisors upon the recommendation
of the Township Planning Commission which improvements shall be included
in the performance guarantee.
H.
Open space. When open space is required by the Township, the subdivision
or land development plan shall contain or be supplemented by such
material as required to establish the method by which open space shall
be perpetuated, maintained, and administered. The plan and other materials
shall be construed as a contract between the landowner(s) and the
Township, and shall be noted on all deeds.
I.
Plotting of recreation areas.
(1)
When applicable, the location of the open space shall conform
to the Towamencin Township Comprehensive Plan and Park and Recreation
Plan, as last amended. In addition, due consideration must be given
to the preservation and maintenance of natural features, including
large trees, groves, walkways, scenic points, historic spots, and
other community assets.
(2)
When open space is intended for active recreational purposes:
J.
Open space designation. All land held for open space shall be so designated on the plans. The plans shall contain the following statement for lands in Subsection J(1), (2) and (3) below: "Open space land may not be separately sold, nor shall such land be further developed or subdivided." All subdivision plans shall further designate the use of open space, the type of maintenance to be provided, and a planting plan or schedule. In designation use and maintenance, the following classes may be used:
(1)
Lawn. A grass area, with or without trees, which may be used
by the residents for a variety of purposes and which shall be mowed
regularly to insure a neat and tidy appearance.
(2)
Natural area. An area of natural vegetation undisturbed during
construction, or replanted. Such areas may contain pathways. Meadows
shall be maintained as such and not left to become weed-infested.
Maintenance may be minimal, but shall prevent the proliferation of
weeds and undesirable plants such as honeysuckle and poison ivy. Litter,
dead trees and brush shall be removed, and streams shall be kept in
free-flowing condition.
(3)
Recreation area. An area designated for a specific recreation
use including, but not limited to, tennis, swimming, shuffleboard,
playfield, and tot lot. Such areas shall be maintained so as to avoid
creating a hazard or nuisance, and shall perpetuate the proposed use.
(4)
Agricultural area. An area designated for family vegetable plots
or to be leased for an agricultural use.
K.
Open space performance guarantee. The Board of Supervisors may require
that all landscaping, planting, and installation of recreation facilities
be provided by the developer. In such event, the guaranteed installation
of all improvements shall be provided in accordance with this chapter.
L.
Conveyance and maintenance of open space. All open space shown on
the final development plan as filed in the office of the Township
Secretary of Towamencin Township and subsequently recorded in the
office of the Recorder of Deeds of Montgomery County, must be conveyed
in accordance with one or more of the following methods:
(1)
Dedication in fee simple to the Township of Towamencin.
(a)
The Township may, but shall not be required to, accept any portion
or portions of the open space, provided:
[1]
Upon the recommendation of the Towamencin Township Planning
Commission, it is determined that such land is suitable regarding
size, shape, location, access and/or the Township Open Space and Recreation
Plan, the Board of Supervisors may determine that such lands will
benefit the general public of Towamencin Township;
[2]
The Township agrees to and has access to maintain such lands;
[3]
There is no cost involved to the Township;
[4]
The Board of Supervisors may adopt a resolution for acquisition
of such land upon the acceptance of a deed of dedication for the landowner,
provided the applicant has agreed to contribute to an open space escrow
fund of a suitable amount, which shall be used only for the purposes
of open space capital improvements and maintenance.
(2)
By conveying title (including beneficial ownership) to a corporation,
homeowners' association, funded community trust, condominium
or other legal entity.
(a)
The terms of such instrument of conveyance must include provisions
suitable to the Township for guaranteeing:
[1]
The continued use of such land for the intended purpose;
[2]
Continuity of proper maintenance for those portions of the open
space requiring maintenance;
[3]
The availability of funds required for such maintenance;
[4]
Adequate insurance protection;
[5]
Provisions for payment of applicable taxes;
[6]
Recovery for loss sustained by casualty, condemnation, or otherwise;
[7]
Such other covenants and/or easements that the Township shall
deem desirable to fulfill the purposes and intent of this chapter.
(b)
The following are prerequisites for such a corporation or association:
[1]
Membership must be mandatory for each buyer and/or lease and
any successive buyer and/or lease;
[2]
It must be responsible for liability insurance, taxes, recovery
for loss sustained by casualty, condemnation or otherwise, and the
maintenance of recreational and other facilities;
[3]
Members or beneficiaries must pay their pro-rata share of the
costs, and the assessment levied can become a lien on the property;
[4]
It must be able to adjust the assessment to meet conditions;
[5]
Such corporation or association shall not be dissolved nor shall
it dispose of the open space, by sale or otherwise, except to an organization
conceived and established to own and maintain the open space. The
corporation or association must first offer to dedicate the open space
to the Township before any such sale or disposition of the open space.
(c)
The dedication of open space, streets, or other lands in common
ownership of the corporation, association or other legal entity, shall
not be subject to reversion for possible future use for nonrecreational
development.
(d)
It is mandatory that the recorded plan and the deeds indicate
that there shall be no additional development. The open space shall
be restricted against any future building, development or use except
as is consistent with that of providing for the continuance of agricultural
uses and/or open space for recreation, conservation, and aesthetic
satisfaction of the residents, or uses for noncommercial recreational
or cultural purposes compatible with the open space objectives may
be permitted only with the express approval of the Township, following
approval of the building site and operational plans by the Township.
(e)
All documents pertaining to the conveyance and maintenance of
the open space shall meet the approval of the Township Solicitor as
to legal form and effect and of the Township Planning Commission as
to suitability for the proposed use of the open space.
(3)
By conveying the restrictive covenants, conservation easements
or other legal device running to the Township of Towamencin or a controversy,
corporation, funded community trust, or other legal entity, a portion
of a building lot in excess of the minimum lot size as required by
the Zoning Ordinance,[1] as last amended, may qualify as open space, provided:
(a)
The terms of such instrument of conveyance must include provisions
to the Township for guaranteeing the continued use of such land for
the preservation of open space.
(b)
Each owner of the open space shall be responsible for liability
insurance, taxes, recovery of loss sustained by casualty, condemnation
or otherwise, and the general maintenance thereon.
(c)
It is mandatory that the recorded plan and the deeds indicate
that there shall be no structures or fences. The open space shall
be restricted against any future building, development or use except
as is consistent with that of providing for the continuance of open
space.
(d)
All documents pertaining to the conveyance of these rights for
open space purposes shall meet the approval of the Township Solicitor
as to legal form and effect and to the Township Planning Commission
as to suitability for the proposed use of the open space and be approved
by the Board of Supervisors as part of the final plan approval.
A.
General.
(1)
All street pavement, shoulders, drainage improvements and structure,
curbs, turnarounds, and sidewalks shall conform to all construction
standards and specifications as set forth in this chapter, the Towamencin
Township Engineering Standards,[1] as last amended, along with the Towamencin Township Streets,
Curbs and Sidewalks Ordinance,[2] as last amended, or as required by the Township Engineer
in the plan review process. Such improvements shall be incorporated
into the construction plans required to be submitted by the developer
for final plan approval.
[Amended 7-10-2013 by Ord. No. 13-06]
(2)
All access driveways and private streets shall be constructed
to the standard applicable for public streets.
(3)
Adequate provision shall be made for culverts, drains, and bridges.
(4)
Bridges of primary benefit to the applicant, as determined by
the Board of Supervisors, shall be constructed at the full expense
of the applicant without reimbursement from the Township. The sharing
expense for the construction of bridges not of primary benefit to
the subdivider, as determined by the Board of Supervisors, will be
fixed by special agreement between the Board of Supervisors and the
applicant.
(5)
Subdivisions that adjoin or contain existing Township, county,
or state streets that do not conform to widths as set forth in this
subsection shall have dedicated additional width along either one
or both sides of said street. If the subdivision is along one side
only, 1/2 of the required extra width shall be dedicated.
(6)
All new streets and rights-of-way intended for public use shall
be dedicated to the Township unless waived by the Board of Supervisors.
B.
Location of streets.
(1)
Conformance with adopted plans. The proposed street pattern
shall be properly regulated to existing streets, to the Township plan
of streets and to such county and state road and highway plans as
have been duly adopted by that agency.
(2)
Arrangement. Streets shall be arranged in a manner to meet with
the approval of the Board of Supervisors, considered in relation to
both existing and planned streets, and located so as to allow proper
development of surrounding properties. Local access streets shall
be laid out to discourage their use as feeder or higher class streets.
Township Planning Commission shall provide a recommendation to the
Board of Supervisors regarding the proposed street arrangement.
(3)
Local access streets shall be so designed as to discourage through
traffic.
(4)
If, in the opinion of the Township Planning Commission, it is
desirable to provide for street access to adjoining property, streets
shall be extended to the boundary of such property.
(5)
Streets shall be logically related to topography so as to produce
reasonable grades, satisfactory drainage and suitable building sites.
Streets shall be so arranged to be generally parallel rather than
cross contour lines as well as to prevent the necessity for excessive
cut and fill.
(6)
Streets shall be laid out as to avoid hazard areas such as floodplains,
cliffs and steep slopes, large ravines, etc. A dual means of access
which does not go back through the same hazard area shall be provided
for all lots when one of the streets into a subdivision crosses through
a hazard area.
(7)
Grading. The street shall be graded to the full width of the
right-of-way, in conformance with Township specifications.
(8)
Provisions of streets for future development. Access shall be
given to all lots and portions of the tract in the subdivision and
to adjacent unsubdivided territory. Streets giving such access shall
be improved to the limits of the subdivision when required by the
Township. Remnants, reserve strips and landlocked areas shall not
be created.
(9)
New streets. New streets shall be laid out to continue existing
streets at equal or greater right-of-way and cartway widths, where
practical.
(10)
Dead-end streets. Dead-end streets are prohibited, unless designed
as cul-de-sac or designed for access exclusively to neighboring tracts.
(11)
Street names. Continuations of existing streets shall be known
by the same name. Names for new streets shall not duplicate or closely
resemble names of existing streets. All street names are subject to
the approval of the Township. The Township has a list of approved
street names which shall be utilized by the applicant to name streets.
C.
Private driveways.
(1)
Where private drives are permitted (drives not to be offered
for dedication and included within the lot area of residential, commercial
and industrial land developments for purposes of internal circulation,
service and access to parking and loading areas), the minimum width
of cartway for an internal private drive shall conform to Towamencin
Township Engineering Standards,[3] as last amended. A private drive shall not be a through
street and shall be intended only for the internal use of the land
development.
[3]
Editor's Note: The Towamencin Township Engineering Standards
are included in Ch. 136A, which immediately follows this chapter.
D.
Partial or half streets.
(1)
New half or partial streets and temporary turnaround will not
be permitted, except where essential to the reasonable subdivision
of a tract in conformance with the other requirements and standards
of this chapter and where, in addition, satisfactory assurance for
dedication of the remaining part of the street can be obtained.
(2)
Where an existing half-street is adjacent to a new subdivision,
the other half of the street shall be improved and dedicated by the
subdivider to the Township. The Township may authorize a new perimeter
street where the subdivider improves and dedicates the entire required
street right-of-way width within his own subdivision boundaries.
(3)
The subdivider shall provide the entire required right-of-way
or as much thereof as is possible within his property, along all existing
streets that traverse or abut his property.
(4)
Where a subdivision borders an existing narrow road or when
the Township's Comprehensive Plan, as last amended, or Traffic
Study, as last amended, or zoning setback regulations indicate plans
for realignment or widening a road that would require use of some
of the land in the subdivision, the applicant shall be required to
improve and dedicate such areas for widening or realignment of such
roads. Such frontage roads and streets shall be improved and dedicated
by the applicant to the full width as required by these subdivision
regulations.
(5)
Where a subdivision borders an adjacent undeveloped parcel,
the Township may require improved stub streets to the adjacent property
line. Temporary turnarounds may be required. All turnarounds shall
be located adjacent to the developer's property line. Such turnarounds
shall be improved without curbs and paved to the edge of the right-of-way.
Additional temporary right-of-way may be necessary for the turnaround.
As the street is continued, they shall be removed and the street shall
be improved to the typical street standards including a private drive
which enters the improved street.
(6)
Land reserved for any road purposes may not be counted in satisfying
yard or area requirements of the Zoning Ordinance, as last amended,
whether the land is to be dedicated to the Township in fee simple
or an easement is granted to the Township.
E.
Street classification.
(1)
Existing streets. Each street abutting or affecting the design
of a subdivision or land development which is not already classified
in the Towamencin Township Comprehensive Plan, as last amended, or
Township Ultimate Right-of-Way Map shall be classified according to
its function, design and use by the Township Engineer.
(2)
Proposed streets. All proposed streets, including private streets,
shall be classified and designed in accordance with their anticipated
average daily traffic (ADT) levels in accordance with the following
chart:
|
Street Classification
|
Trip Generation (ADT)
| |
|---|---|---|
|
Local access
|
Less than 250
| |
|
Feeder
|
250 to 1,000
| |
|
Collector
|
1,000 to 3,000
| |
|
Controlled access
|
Greater than 3,000
| |
|
Arterial highway
|
N/A
|
F.
Street right-of-way widths. The minimum public or private street
right-of-way shall be 50 feet (15.24 meters) or as specified in the
Official Map of Towamencin Township, as last amended, and/or as set
forth in the Towamencin Township Engineering Standards,[5] as last amended.
[5]
Editor's Note: The Towamencin Township Engineering Standards
are included in Ch. 136A, which immediately follows this chapter.
G.
Street cartway width. Street cartway width shall be as specified
in the Towamencin Township Engineering Standards, as last amended.
H.
Street engineering criteria. Engineering criteria for streets shall
be as specified in the Towamencin Township Engineering Standards,
as last amended.
I.
Street intersections. Streets shall be laid out as specified in the
Towamencin Township Engineering Standards, as last amended.
J.
Site distance at intersections. Site distance at intersections shall
be as specified in the Towamencin Township Engineering Standards,
as last amended, or PaDOT regulations, whichever provides for the
greater distance.
K.
Access.
(1)
When subdivisions result in lots abutting a feeder or controlled
access street, a service or marginal access street shall be provided
or the frontage shall be reversed so that the lots contiguous to such
street will front on an internal street with no direct access to the
higher order street. Such service or marginal access street may also
be required for lots abutting feeder streets at the discretion of
the Board of Supervisors.
(2)
Screening, through the use of appropriate plant materials, fences
or walls subject to site plan review, shall be provided in a strip
of land along the rear property line of lots with reversed frontage
to buffer lots from the higher order street.
(3)
Where subdivisions abut higher order streets and a service road
or reverse frontage is provided, the improvements to the higher order
street shall be provided as part of the construction improvements
for the project.
(4)
Where a subdivision results in lots with frontage on such a
higher order street that the provision of a service road or reverse
frontage becomes impractical or unnecessary, the lot or lots in said
subdivision shall have driveways so laid out that it is possible to
turn passenger vehicles on the lot and it is not necessary to back
any passenger vehicle into the street.
(5)
No subdivision containing reserve strips controlling access
to streets shall be approved except where the control and disposal
of land comprising such strips has been placed in the control of the
Township under conditions approved by the Board of Supervisors.
L.
Access strips to rear lots within R-200 Districts.
(1)
General. Whenever a lot is to be created which does not have
the bulk of the lot directly abutting a road, it shall be connected
to the road by an access strip which is held in fee simple ownership
as a part of the interior (rear) lot. The area within the access strip
shall not be used in calculating the minimum lot area required by
the Zoning Ordinance,[6] as last amended.
(2)
Width. All access strips to rear lots shall have a minimum width
of 50 feet (15.24 meters) throughout their entire length, except that
in the case of a rear lot used or to be used strictly for a single
residential unit this may be reduced to 25 feet (7.62 meters).
(3)
Location. The location of the access strip must, in the opinion
of the Township Board of Supervisors, be deemed logical and proper
relative to the bulk (body) of the rear lot and surrounding property
configurations, and shall not, in its opinion, adversely affect environmental
features such as woods, steep slopes, streams, floodplains, etc.
(4)
Alignment. Any access strip shall not traverse a slope such
that the driveway therein would be required to be in excess of 10%
gradient; nor should any access strip generally contain a horizontal
turn greater than 45°.
(5)
Spacing. There shall be no more than two abutting access strips
to rear lots, including existing access strips on parcels adjacent
to where the new ones are proposed. Each access strip or group of
two shall be separated from the next one by a distance at least equal
to the minimum width of one lot as required in the R-200 Residential
District.
M.
N.
Cul-de-sac streets.
(1)
The cul-de-sac bulb will have a left-hand orientation where
practical as identified by the Towamencin Township Engineering Standards,
as last amended.
(2)
The maximum length of a cul-de-sac street shall be determined
by the anticipated traffic volume generated from the street. Except
for within the R-200 District, the maximum anticipated traffic volume
permitted on a cul-de-sac is 250 ADT, as determined by the trip generation
rates within this chapter. Within the R-200 District a maximum of
15 lots shall be permitted to take access from any permanent cul-de-sac.
(3)
A feeder street with radiating culs-de-sac may be permitted
in order to protect natural features or to provide for open space.
(4)
Culs-de-sac shall be readily identifiable as such by traffic
moving on the street to which it is connected, such as by "Way" names.
(5)
Where it is proposed that a road be constructed to an abutting
property line with the intention that such road will be extended onto
the adjoining property at a future date, a temporary cul-de-sac shall
be built to the above requirements and easements provided where the
paving exceeds the dedicated right-of-way. The temporary cul-de-sac
shall be built to abut the adjacent property.
O.
Private streets in R-200 Districts.
(1)
Intent. In keeping with the intent of the R-200 Residential
District to maintain a low-density character and minimize the extension
of suburban-type services and improvements into that district, private
roads are allowed provided they meet the criteria of this section.
(2)
Number of lots served. Any accessway which serves as the access
to more than one lot or use shall be considered a private road rather
than an individual driveway, and must be constructed in accordance
with the applicable standards for local access streets. Whenever more
than eight residential lots share a private road, the provision of
a public road is required.
(3)
Reconstruction of private road to public standards. The Board
of Supervisors reserves the right to order the reconstruction of the
private road up to Township standards and subsequent dedication as
a public road if they deem the road at any time to be a safety or
health hazard. Costs of such improvements shall be assessed against
the landowners who own the road and be borne totally by them.
(4)
Ownership. The private road shall be owned jointly by all abutting
property owners who have rights to utilize said road, and all shall
be jointly responsible for its maintenance and related costs. An association
of the landowners who have rights to use the road shall be formed,
and must be established and administered in a form acceptable to the
Township Board of Supervisors, and approved by them prior to or at
the same time as subdivision or land development approval.
(5)
Design standards. Where private roads are provided, they shall
be planned and constructed in accordance with the same standards applicable
to public local access streets relative to right-of-way width, cul-de-sac
radius, grades, culverts, drainage, horizontal and vertical curves,
tangents between curves, sight distance, intersection alignment, intersection
radius, interconnection to adjacent parcels, and similar regulations.
(6)
Further subdivision. Further subdivision of any lot fronting
on the private road which would create an additional lot fronting
thereon is prohibited if it would violate the maximum length of culs-de-sac,
or any other provision of this chapter, unless the private road is
reconstructed and dedicated as a public road. The homeowners'
association which controls the road must approve the reconstruction
and dedication in accordance with the procedures established in their
bylaws prior to the commencement of that upgrading (unless the Township
orders such pursuant the above).
(7)
Statement in deed and plan. The responsibilities, authority,
and limitations required shall be clearly stated on the subdivision
plan which creates a private road and as a part of the deed to each
lot having rights to utilize same.
(8)
Piecemeal creation of private roads within access strips. An
access strip containing an individual driveway may be upgraded into
a private road at any time, provided the right-of-way width and all
other requirements can be met by separating and establishing the access
strip as a private road right-of-way, widening the existing driveway
to the minimum standards for a private road, and creating the required
turnaround or cul-de-sac at the terminus of the common-use area. All
requirements for private roads shall be applied thereto. Such transformation
is encouraged rather than the creation of a separate access strip
to an adjacent rear lot.
P.
Street signs.
(1)
The developer shall provide, at his expense, all necessary street
signs as may be required by the Township.
(2)
A proposed street that is in alignment with an existing and
named street shall bear the name of the existing street.
(3)
In no case shall the name of a proposed street duplicate an
existing street name in the North Penn School District, or in the
same postal zip code, despite the type of suffix.
(4)
A list of acceptable street names is available from the Township.
The Township has the final decision on the names of all streets.
A.
Where required.
(1)
Sidewalks shall be required at any location unless it is determined
by the Board of Supervisors, upon the recommendation of the Township
Planning Commission, that sidewalks are not necessary for public safety
or convenience.
(2)
Sidewalks are not required along either side of any road in
the R-200 Residential District, except where deemed necessary for
safety by the Township Board of Supervisors, such as near schools,
bus stops or similar areas of high pedestrian concentration.
B.
Locational requirements.
(1)
Sidewalks, pedestrian and bicycle paths shall be located within
a public right-of-way, a public easement, or a common open space area.
Any such system shall be interconnected and not disjointed.
(2)
All sidewalks, pedestrian or bicycle paths located within the
street right-of-way shall be no closer than four feet (1.2192 meters)
to the curb.
(3)
Sidewalks, pedestrian or bicycle paths may be located away from
streets upon approval of the Board of Supervisors if all the following
conditions are met:
(a)
Such a system be all-weather and easily cleaned of snow;
(b)
They shall be convenient for the most frequent trips, such as
children walking to school bus stops;
(c)
If they are not located within a dedicated right-of-way or open
space, they shall remain as private property and the responsibility
for their maintenance shall be clearly established.
C.
Design requirements. Sidewalks shall be as specified in the Towamencin
Township Engineering Standards,[1] as last amended, along with the Towamencin Township Streets,
Curbs and Sidewalks Ordinance,[2] as last amended, or as required by the Township Engineer
in the plan review process.
[Amended 7-10-2013 by Ord. No. 13-06]
A.
General requirements.
(2)
The minimum design standards set forth herein shall not apply
to multistory or otherwise enclosed parking structures.
(3)
A parking stall is that area specifically designated by pavement
markings, or some other means, designed to permit each motor vehicle
to proceed to and from the parking space provided for it without requiring
the movement of any other motor vehicle.
(4)
At no time shall angle or perpendicular parking be permitted
along public or private streets. All parking lots and bays permitting
parking other than perpendicular shall be reviewed by the Township
Engineer with special attention to circulation and access.
(5)
All automobile parking facilities shall provide parking spaces
for the handicapped or disabled in accordance with the following table
and the Americans With Disabilities Act, whichever provides for the
greater number of spaces:
|
Total Parking Spaces on Lot
|
Required Minimum Number of Accessible Spaces
| |
|---|---|---|
|
1 to 25
|
1
| |
|
26 to 50
|
2
| |
|
51 to 75
|
3
| |
|
76 to 100
|
4
| |
|
101 to 150
|
5
| |
|
151 to 200
|
6
| |
|
201 to 300
|
7
| |
|
301 to 400
|
8
| |
|
401 to 500
|
9
| |
|
501 to 1,000
|
2% of total
| |
|
1,001 and over
|
20, plus 1 for each over 1,000
|
(6)
All driveways for parking facilities shall conform with the
design requirements for driveways in this chapter.
B.
Reduction of parking requirements.
(1)
In order to prevent the establishment of a greater number of
parking spaces than is actually required, the Board of Supervisors,
upon the recommendations of the Township Planning Commission, may
permit a conditional reduction of parking spaces if the following
conditions are satisfied:
(b)
The design of the parking lot, as indicated on the land development
plan, must designate sufficient space to meet the parking requirements
of the Zoning Ordinance,[2] as last amended. The plan shall also illustrate the layout
for the total number of parking spaces.
(c)
The conditional reduction shall provide for the establishment
of no less than 80% of the required number of parking spaces, as specified
in the Zoning Ordinance, as last amended. This initial phase of the
parking provision shall be clearly indicated on the plan.
(d)
The balance of the parking area shall be reserved and shall
not include areas for required buffer yards, setbacks, or areas which
would otherwise be unsuitable for parking spaces due to the physical
characteristics of the land, or other requirements of this chapter.
The parking area which is reserved shall be located and have characteristics
so as to provide amendable open space should it be determined in the
future that additional parking spaces are not required. The developer
shall provide a landscaping plan for the reserved area with the land
development plan.
D.
Parking area circulation. All parking aisles shall be designed in
accordance with the Towamencin Township Engineering Standards, as
last amended.
E.
Table of parking dimensional requirements. The parking dimensional
requirements shall be no less than those listed in the Towamencin
Township Engineering Standards, as last amended.
F.
Parking area construction details.
(1)
All parking areas shall be constructed in accordance with the
Towamencin Township Engineering Standards, as last amended.
(2)
All construction requirements shall be in accordance with Pennsylvania
Department of Transportation's Publication 408 Specifications,
as last amended, and/or as required by the Township Engineer.
[Amended 4-25-2018 by Ord. No.
18-01]
All required utility installation and relocation shall be designed
and performed in accordance with this chapter and the Towamencin Township
Engineering Standards, as last amended.
All required traffic control signalization installation and
relocation shall be designed and performed in accordance with this
chapter and the Towamencin Township Engineering Standards, as last
amended.
A.
Off-street loading facilities shall be designed in accordance with
the Towamencin Township Engineering Standards, as last amended.
B.
All required loading facilities shall be provided and maintained
in accordance with the following requirements:
(1)
They shall be provided and maintained as long as the use exists
which the facilities were designed to serve;
(2)
They shall not be reduced in total extent after their provision,
except when such reduction is in conformity with the requirements
of this article;
(3)
Reasonable precautions shall be taken by the owner or sponsor
of particular uses to assure the availability of required facilities
to the delivery and pickup vehicles they are designed to serve;
(4)
All driveways shall conform with the design requirements for
driveways;
(5)
All accessory driveways and entrance ways shall be graded, have
bituminous surface, and be drained to the satisfaction of the Township
Engineer to the extent necessary to prevent nuisances of dust, erosion,
or excessive water flow across public ways;
(6)
Such facilities shall be designed and used in such a manner
as to at no time constitute a nuisance, a hazard, or an unreasonable
impediment to traffic.
[Amended 12-17-2003 by Ord. No. 03-09]
Concrete, granite block or similar block type curbs shall be
designed and installed in accordance with the Towamencin Township
Engineering Standards, as last amended.
All land developments shall be required to install, maintain,
and guarantee plant materials as required herein for the visual and
other environmental benefits these plants will provide, as well as
for the specific benefits of buffering or screening, or otherwise
creating spaces. A landscape plan prepared by a registered landscape
architect shall be submitted as part of the preliminary plan submission
for all residential land development of 10 acres (40,470 square meters)
or more and for all nonresidential development.
A.
AREA OF DRIPLINE
CALIPER OF A TREE
GUYING
HEDGEROWS
MATURE TREE
PUBLIC NUISANCE
ROOT BALL
STREET TREE
TOPPING OFF TREES
WOODLAND
Definitions. As used in this section, the following terms shall have
the meanings indicated:
The line marking the outer edges of the branches of the tree.
The diameter of the trunk of a tree measured four feet (1.2192
meters) (d.b.h.) above the ground level ("d.b.h." is the diameter
at breast height).
The fastening of a tree with a nylon strap to two or three
hardwood stakes that would allow the new tree to sway, but not be
able to blow over. They should be removed after one to two years.
A line of plants that may occur naturally where seeds collect
and are left undisturbed, such as along fencelines, property lines,
or between fields or that is specially planted, e.g., to act as a
wind break.
Any tree of six inches (15.24 centimeters) or more in caliper,
whether standing alone, in tree masses, or woodlands. A mature tree
shall be a healthy specimen, and shall be a desirable species as determined
by the Township.
Any tree afflicted with a disease or infested with insects
which threatens to injure or destroy other trees in the Township;
dead or dying trees; a tree or limb(s) that obstructs streetlights,
traffic signs, sight lines, free passage of pedestrians or vehicles;
a tree that poses a threat to safety.
The portion of a tree that contains the roots and soil which
can either be balled and burlapped (B & B) or in a container designed
to transport a tree to a new location.
Trees planted along a roadway that are in line with other
trees that run parallel with and are intended to line the roadway
with trees.
The severe cutting back of the limbs of the crown of a tree
to such a degree so as to remove the normal canopy and disfigure the
tree.
A stand of predominantly native vegetation covering at least
1/4 acre (1,011.75 square meters).
B.
Conservation of existing vegetation. All land development shall be
designed so as to minimize loss of mature trees over six inches (15.24
centimeters) in caliper, hedgerows and woodlands. As determined by
the Board of Supervisors, the preservation of existing desirable mature
trees, hedgerows and woodlands may be counted in lieu of the landscape
requirements herein, thereby reducing the amount of new plant material
except street trees that would otherwise be required to be planted.
It shall be incumbent on the applicant to prove that the plan minimizes
disturbance of these trees and woodlands, given the permitted development
proposed. The plan shall reflect the following:
(1)
A plan of existing vegetation to remain as part of the landscape
plan for a land development shall be prepared and submitted as part
of the preliminary plan submission. The existing vegetation shall
be physically protected throughout the construction process. Prior
to major clearing or construction, a temporary physical barrier such
as a snow fence shall be erected a minimum of one foot (0.3048 meters)
beyond the dripline on all sides of stands or vegetation or individual
trees shown to remain. The barrier shall be placed to prevent disturbance
to, or compaction of, soil inside the barrier and shall remain in
place until construction is complete. The specific method of preserving
existing vegetation shall be noted on the landscape plan.
(2)
A plan of the existing vegetation to be lost due to the buildings,
clearings, roads and/or grading shall be prepared and submitted as
part of the preliminary plan submission. All mature trees over six
inches (15.24 centimeters) in caliper as measured one foot (0.3048
meters) above the ground level which are to be lost shall be identified
by species and caliper. A tabulation of this data shall be provided
as a note on the plan.
(3)
The developer shall be required to plant the identical number
of trees to be removed elsewhere on this site or plant the identical
number of trees to be removed in Township parks in accordance with
a plan prepared by the developer and approved by the Township Engineer.
All replacement trees shall be a minimum of 2 1/2 inches (6.35
centimeters) as measured one foot (0.3048 meters) above the ground
level.
D.
Buffer yards. Buffer yards are required between subdivisions and
land developments and along existing streets. The extent of buffering
required shall be determined by the type of use proposed and the adjacent
uses and streets surrounding the proposed development. The buffer
yard standards are provided in the Towamencin Township Engineering
Standards, as last amended.
E.
Landscaping of off-street parking areas. Within the parking facility,
landscaping shall be in accordance with the Towamencin Township Engineering
Standards, as last amended.
F.
Detention basin landscaping. Within any detention basin, landscaping
shall be in accordance with the Towamencin Township Engineering Standards,
as last amended.
G.
Landscape requirements for multifamily developments. For all multifamily
developments, the following minimum landscaping shall be provided
either on lot or within the general open space in addition to all
other required street tree, parking and buffer requirements:
A.
The length, width, and shape of blocks shall be determined with due
regard to the following:
(1)
Provision of adequate sites for type of buildings proposed;
(2)
Zoning requirements as to lot size, dimension, and minimum lot
area per dwelling unit in the case of residential blocks;
(3)
The limitations and opportunities of the topography;
(4)
Requirements for safe and convenient vehicular and pedestrian
circulation and access.
B.
Double-frontage lots are prohibited, except where employed to prevent
vehicular access to major traffic streets. Deed restrictions limiting
access to lower order streets may be required by the Township.
C.
Residential blocks shall have a maximum length of 1,600 feet (487.68
meters) and, so far as practical, a minimum length of 500 feet (152.4
meters). In the design of blocks longer than 1,100 feet (335.28 meters),
special consideration shall be given to the requirements of satisfactory
fire protection.
D.
Residential blocks shall be of sufficient depth to accommodate two
tiers of lots, except where reverse frontage lots bordering a major
traffic street are used.
E.
Pedestrian interior walks may be required where necessary to assist
circulation or provide access to community facilities. Such crosswalks
shall have a right-of-way width of not less than 10 feet (3.048 meters)
and a paved walk of not less than four feet (1.2192 meters).
F.
In nonresidential subdivisions, block lengths and widths shall be
reviewed by the Township Engineer and approved by the Township Planning
Commission.
G.
Where lots consist of an area that is more than double the minimum
required area for the zoning district, the Board of Supervisors may
require that such lots be arranged so as to allow further subdivision
and the opening of future streets where they would be necessary to
serve such potential lots, all in compliance with the Zoning Ordinance,[1] as last amended, and this chapter.
H.
For parcels that are within two municipalities, proposed lot lines
shall follow the Township boundaries rather than cross them in order
to avoid jurisdictional problems.
I.
If remnants of land exist after subdividing, they shall be incorporated
into existing or proposed lots, or dedicated to public use for recreation
or open space, if acceptable to the Township.
A.
To the fullest extent possible, easements shall be centered on or
adjacent to rear or side lot lines.
B.
The restrictions of the easement shall prevail.
C.
Where a site is traversed by a watercourse, there shall be provided
a drainage easement or right-of-way conforming substantially with
the line of such watercourse and of such width as will be adequate
to preserve natural drainage as determined by the Township Engineer,
or as may be required or directed by the Department of Environmental
Resources. The owner shall properly grade and seed slopes and fence
any open ditches when it is deemed necessary by the Township.
D.
Rights-of-way and easements required for roadway construction and
maintenance, sanitary sewer systems, storm drainage systems, water
systems and any other utilities and for any other specific purpose
shall be required by the governing body as needed, with the location
and width in each case to be determined by the governing body.
(1)
The building setback shall be 10 feet (3.048 meters) from all
existing and proposed fuel transmission line easements or rights-of-way
and all other utility easements. The total building setback from the
property line shall not be less than that required by the applicable
zoning district for the particular yard involved.
(2)
Nothing shall be permitted to be placed, planted, set or put
within the area of any type of easement. The area shall be maintained
as a lawn unless further use is allowed, in writing, by the governing
body.
(3)
The owner of any lot, upon written request by the Township and
at the owner's sole expense, shall remove unauthorized items
which have been placed, planted, set or put (without prior knowledge
of this regulation) within the area of any easement.
(4)
To the fullest extent possible, easements shall be adjacent
to rear and side lot lines.
(6)
Easements required to be obtained by developers shall provide
for the maintenance, repair and replacement of the facilities, including
the right of passage for such work. The Township shall have the right
of review and correction of all easements obtained by developers from
other property owners which shall be turned over to the Township.
The developer shall convey, at no cost to the Township, all requested
easements.
(7)
No right-of-way or easement for any purpose whatsoever shall
be recited or described in any deed unless the same has been shown
on the approved record plan. Any error found in a deed shall be immediately
corrected and recorded in the office of the Recorder of Deeds for
Montgomery County at the sole expense of the subdivider or owner.
E.
Public utilities. All water, cable TV, and gas mains and other underground
facilities shall be installed prior to street paving at locations
approved by the Township for the full width of the right-of-way.
F.
Underground utilities. All gas and water mains shall be installed
underground. All electric, telephone, cable TV and communication services,
both main and service lines, shall be provided by underground cables
and installed in accordance with the prevailing standards and practices
of the utility or other company providing such services, except where
it is demonstrated to the satisfaction of the Township governing body
that underground installations herein required are not feasible because
of physical conditions of the land involved. All main underground
cables which are within the right-of-way of a street shall be located
as specified by the governing body.
(1)
In order to promote and facilitate the undergrounding of utility
distribution lines, a letter of endorsement shall be required from
the suppliers of utility service (not limited to electrical, telephone
or cable television) wherein the utility acknowledges that underground
utilities are feasible and shall be installed as part of the improvement
plan. A statement relative to the intent of the developer to provide
underground utility service shall be placed on the final plan requisite
to final approval of such plan.
(2)
The provisions in this chapter shall not be construed as to
limit or interfere with the construction, installation, operation
and maintenance of public utility structures or facilities which may
hereafter be located within public easements or rights-of-way designated
for such purposes.
(3)
Light standards are to be placed as required by this chapter.
The power source for such standards shall be placed underground, as
required.
B.
Preliminary approval of the site plan must be obtained for the entire
proposed development. Final approval may be obtained section by section,
but such development sections shall be specified on the preliminary
plan and must be numbered in the proposed order that they are to be
developed. Such order of development must be adhered to, and if changes
are required, plans must be refiled and reviewed and approved.
C.
Bonding procedures, as required by this chapter, shall be resolved
before final approval of the land development plan, and shall guarantee
the improvements by the builder of the streets, sidewalks, curbs,
streetlighting, street trees, drainage facilities, utilities and other
facilities that the governing body may deem necessary.
D.
Arrangement of buildings and facilities. Arrangements of buildings
shall be in favorable relation to the natural topography, existing
desirable planting, bodies of water, views within and beyond the site,
and exposure to the sun and other buildings on the site.
E.
Access and circulation.
(1)
Access to the dwellings and circulation between buildings and
other important project facilities for vehicular and pedestrian traffic
shall be comfortable and convenient for the occupants.
(2)
Access and circulation for fire-fighting and other emergency
equipment, moving van, fuel trucks, garbage collection, deliveries
and snow removal shall be planned for efficient operation and convenience.
(3)
Walking distance from the main entrance of a building to a street,
driveway or parking area shall usually be less than 100 feet (30.48
meters); exception to this standard should be reasonably justified
by compensating advantages, such as desirable views and site preservation
through adaptation to topography. In no case shall the distance exceed
200 feet (60.96 meters).
F.
Yards. Yards shall assure adequate privacy, desirable outlook, adequate
natural light and ventilation, convenient access to and around the
dwellings, and other essential uses.
G.
Grading.
(1)
Grading shall be designed for buildings, lawns, paved areas
and other facilities, to assure adequate surface drainage, safe and
convenient access to and around the buildings and for the screening
of parking and other service areas and the conservation of desirable
existing vegetation and natural ground forms.
(2)
Grading around buildings shall be designed to be in harmony
with natural topography.
H.
Streets.
(1)
Streets shall be provided on the site where necessary to furnish
principal traffic ways for convenient access to the living units and
other important facilities on the property.
I.
Driveways.
(1)
Driveways shall be provided on the site where necessary for
convenient access to the living units, garage compounds, parking areas,
service entrances of buildings, collection of refuse and all other
necessary services. Driveways shall enter streets at safe locations.
(2)
Driveways shall be planned for convenient circulation suitable
for traffic needs and safety and shall conform to the standards and
requirements of this chapter.
(3)
All driveways shall be paved and constructed in accordance with
the recommendations of the Township Engineer.
J.
Parking areas.
(1)
Paved parking areas shall be provided to meet the needs of the
residents and their guests without interference with normal street
traffic.
K.
Sidewalks.
(1)
Street sidewalks and on-site walks shall be provided for convenience
and safe access to all living units from streets, driveways, parking
areas or garages and for convenient circulation and access to all
facilities.
(2)
Width, alignment and gradient of walks shall provide safety,
convenience and appearance for pedestrian traffic. Small jogs in the
alignment shall be avoided.
(3)
The alignment and gradient of walks shall be coordinated with
the grading plan to prevent the passage of concentrated surface water
on or across the walk and to prevent the pocketing of surface water
by walks.
(4)
Sidewalks shall be constructed in accordance with the requirements
of this chapter.
L.
Planting. The appeal and character of the site shall be preserved
and enhanced by retaining and protecting existing trees and other
site features; and additional new plant material shall be added for
privacy, shade, beauty of buildings and grounds and to screen out
objectionable features. The requirements of this chapter regarding
landscape, planting and buffering and the Towamencin Township Zoning
Ordinance, as last amended, shall be met.
The provisions of the mixed residential cluster developments (§ 136-513) shall also apply to mobile home developments in addition to the following:
A.
Each mobile home development shall be divided and marked off into
mobile home spaces, each which shall contain only one mobile home
pad. No mobile home shall be permitted to occupy a mobile home space
until a mobile home pad has been constructed thereon.
B.
Mobile home pad. The area of a mobile home pad shall be improved
to provide for the adequate placement of a mobile home. The mobile
home pad shall be designed so as not to heave, shift, or settle unevenly
under the weight of the mobile home because of frost action, drainage,
vibration or other forces acting under such structure.
C.
Skirts. All mobile homes within a mobile home development shall have
the space between the floor of the mobile home and the mobile home
stand completely enclosed. Such enclosure may be provided by a permanent
masonry foundation or "skirting" which should consist of panels specifically
designed for the purpose of screening the underside of a mobile home
by forming an extension of the vertical exterior walls of the mobile
home and covering the entire distance between the bottom of the exterior
walls and the ground elevation below.
D.
Anchoring. A mobile home must be fastened to a pad to prevent damage
due to wind, erosion, and flooding or other natural forces. The anchoring
system shall be able to withstand a wind velocity of up to 90 miles
per hour.
E.
Site design. All regulations of the Towamencin Township Zoning Ordinance,[1] as last amended, shall be adhered to in mobile home developments.
In addition thereto, the following regulations shall apply:
(1)
Adaptation to tract assets. Each mobile home unit or other dwelling
or structure shall be fitted to the terrain with a minimum disturbance
of the land and a minimum elevation difference between the floor level
of the unit and the ground elevation under it. Existing trees and
shrubs, rock formations, streams, floodplains, steep slopes, and other
natural features of the tract shall be preserved to the maximum extent
practical. Favorable views shall be emphasized by the plan.
(2)
Courts and spaces. Groups or clusters of units, so placed as
to create interior spaces and courtyards, shall be incorporated whenever
feasible.
(3)
Orientation. Mobile homes are encouraged to be arranged in a
variety of orientations and are strongly encouraged to have many units
with their long sides facing the street, rather than their ends, in
order to provide variety and interest. Site layout shall be designed
to insure that mobile home units are offset to block long uninterrupted
vistas between the units.
(4)
Street layout. Gridiron layouts and street patterns, unrelated
to the topography of the site, are to be avoided. The following regulations
shall apply:
(a)
Access limitations. Direct access from a mobile home lot shall
not be permitted onto the street(s) from which the mobile home development
gains primary access and any through streets of the development.
(b)
Access to site. Direct access should be provided to the site
via a road or at least a feeder-type classification.
A.
Lotting of individual lots for commercial purposes shall be avoided
in favor of a comprehensive design of the land to be used for such
purposes.
B.
Additional width of streets adjacent to areas proposed for nonresidential
use may be required as deemed necessary by the Board of Supervisors
to assure the free flow of through traffic from vehicles entering
or leaving parking areas.
C.
When two adjacent lots proposed for nonresidential uses front on
a primary street, the applicant may be required to provide ingress
and egress as well as common parking facilities. When three or more
adjacent lots are proposed for nonresidential uses, the applicant
may be required to provide a service road for common ingress and egress.
D.
Adjacent residential uses shall be protected from potential nuisance
of the proposed nonresidential developments, including the provisions
of extra depths in parcels backing up on existing or potential residential
developments and provisions for a permanently landscaped evergreen
buffer strip and controlled lighting, as required by the Towamencin
Township Zoning Ordinance, as last amended.
E.
Streets carrying nonresidential traffic shall not normally be extended
to the boundaries of the adjacent existing or potential residential
areas, nor connected to streets intended for predominantly residential
traffic.
F.
For commercial uses, the developer may be required to provide separate
access for service vehicles and loading areas from the vehicular access
ways and parking areas intended for patron use. This may be accomplished
by using an alley and separate access point for service vehicles to
move from the road to the loading area. The applicant may also be
required to screen the loading area when deemed necessary by the Township.
A.
General.
(1)
Lots. All lots shall be graded to secure proper drainage away
from all buildings and to allow the collection of stormwater in water
detention basins or other approved locations. A minimum slope of 2%
shall be used for directing water away from structures.
(2)
Stormwater runoff. Stormwater runoff shall not be increased
above the predevelopment condition. This discharge shall also take
into consideration point discharge from the tract. Stormwater detention
must be provided unless waived by the Board of Supervisors.
(3)
Drainage swales. When drainage swales are used as a means to
control storm drainage, they shall not be placed on a slope of less
than 1.5%. Drainage design computations shall be submitted to determine
swale linings.
(4)
Unnatural drainage. Whenever construction stops or concentrates
the natural flow of storm drainage in such a way as to affect adjoining
properties, approval of the adjacent property owners should be obtained
in writing and a copy filed with the Township. Approval of plans by
the Township does not authorize or sanction drainage adversely affecting
adjoining properties.
(5)
Drainage from non-natural sources. Water originating from other
than natural sources, such as sump pumps or other dry weather sources,
wherever practicable shall be discharged into natural watercourses
on the property.
(6)
Storm drainage system. The storm drainage system shall be designed
and constructed to adequately control the drainage on and from the
subdivision or land development.
(7)
Any development which creates a significant change in the characteristics
of the watershed, thus increasing the volume and velocity of surface
water runoff, shall not be permitted until methods have been proposed
which will reduce the likelihood of erosion, sedimentation and stormwater
drainage. Such improvements must satisfy the requirements and regulations
of the Pennsylvania Department of Environmental Resources.
B.
The following note shall appear on the record plan whenever permanent
water detention basins are required:
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"The property owner shall have the responsibility for the perpetual
maintenance of the permanent water detention basin, basin outlet structures
and pipes which are located on his property. No changes shall be made
to the structures, pipes or finish grading without prior written approval
from the Township. The Township has the right to enter the lot to
perform any required maintenance which has not been properly performed
or carried out in a timely manner. The property owner shall be responsible
for the cost of any maintenance which is performed by the Township.
The Township shall lien the property for said costs until the Township
has been reimbursed in full."
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A.
Whenever sedimentation is caused by stripping vegetation, regrading
or other development, or where mud or debris has been deposited by
construction equipment on adjacent streets, it shall be the responsibility
of the person, corporation or other entity causing such sedimentation
to remove it from all affected surfaces, drainage systems and watercourses,
or streets and to repair any damage at his expense within a reasonable
period of time, as determined by the Township Engineer.
B.
Maintenance of all drainage facilities and watercourses, both existing
and proposed, within any proposed subdivision or land development
shall be the responsibility of the developer until such time as one
of the following is accomplished:
(1)
An easement by these facilities is offered for dedication by
the developer and is accepted by the Township; maintenance shall then
be the responsibility of the Township.
(2)
If an easement acceptable to the Township is established, the
maintenance shall then be the responsibility of the individual lot
owners over whose property the easement passes. For land developments,
the maintenance shall then be the responsibility of the owner.
(3)
A homeowners' association or other approved legal entity,
approved by the Township, assumes responsibility for the maintenance
of the development, including the maintenance of the watercourses
and/or drainage facilities.
C.
It is the responsibility of any person, corporation or other entity
doing any act on or across a stream, watercourse or swale, or upon
the floodplain or right-of-way during the period of the activity,
to return it to its original or equal condition after such activity
is completed.
D.
No person, corporation or other entity shall block, impede the flow
of, alter, construct any structure or deposit any material or thing
or commit any act which will affect normal or flood flow in any stream
or watercourse without having obtained prior approval from the Township
and/or the Department of Environmental Resources, whichever is applicable.
E.
Each person, corporation or other entity which makes any surface
changes shall be required to:
(1)
Collect on-site surface runoff and dispose of it into the common
natural watercourse of the drainage area;
(2)
Pay the prorated cost of off-site improvements to the common
natural watercourse, based on a fully developed drainage area;
(3)
Provide and install at his expense, in accordance with Township
requirements, all drainage and erosion control improvements (temporary
and permanent) as required by the erosion and sediment control plan.
F.
Storm drainage facilities shall be designed to convey the flow of
surface waters without risk to persons or property. The drainage system
shall ensure drainage at all points along streets, and ensure conveyance
of drainage away from buildings.
G.
Drainage facilities. Storm drainage facilities shall be designed
to convey the flow of stormwater runoff in a safe and efficient manner.
The system shall insure drainage at all points along streets, and
provide positive drainage away from buildings. The system shall also
be designed to prevent the discharge of excess runoff onto adjacent
properties.
H.
Sanitary sewer facilities. All new or replacement sanitary sewer
facilities, and private package sewage treatment plants (including
all pumping stations and collector systems) shall be designed to minimize
or eliminate infiltration of floodwaters into the systems and discharges
from the systems into the floodwaters. In addition, they should be
located and constructed to minimize or eliminate flood damage and
impairment.
I.
Water facilities. All new or replacement water facilities shall be
designed to minimize or eliminate infiltration of floodwaters into
the system and be located and constructed to minimize or eliminate
flood damage.
J.
Utilities. All utilities such as gas lines, electrical and telephone
systems being placed in identified flood-prone areas should be located,
elevated (where possible) and constructed to minimize the change of
impairment during a flood.
A.
The regulation contained herein shall apply in those areas identified
as floodplain in the Towamencin Township Zoning Ordinance,[1] as last amended. The Flood Boundary and Floodway Map shall
be available in the Towamencin Township Building for inspection. In
regard to the adopted Floodplain Conservation District, the regulations
contained herein shall apply to those areas defined and established
as floodplain and not in conflict with the information provided in
the Flood Insurance Study.
B.
The regulations contained herein are intended to conform to the requirements
of the National Flood Insurance Program. Furthermore, it is the purpose
of these regulations to:
(1)
Regulate the subdivision and development of floodplain areas
in order to promote the general health, welfare, and safety of the
community;
(2)
Require that each subdivision lot or development site in floodplain
areas be provided with a safe building site with adequate access;
and that public facilities which serve sites be designed and installed
to preclude flood damage at the time of initial construction;
(3)
Protect individuals from buying lands which are unsuitable for
use because of flood hazards prohibiting the subdivision and development
of unprotected floodplain areas;
(4)
Maintain the certification of Towamencin Township and the eligibility
of the property owners in the Township for the benefits of the National
Flood Insurance Program, P.L. 93.234.
C.
Establishment of base flood elevations. For proposed subdivisions
greater than either 50 lots or five acres (20,235 square meters) within
the flood-prone areas in which the Township's Flood Insurance
Study has not established base flood elevations, the developer shall
be responsible for establishing such data through hydrologic and hydraulic
engineering techniques. Hydrologic and hydraulic analysis shall be
undertaken only by professional engineers or others of demonstrated
qualifications, who shall certify that the technical methods used
correctly reflect currently accepted technical concepts. Studies,
analysis, computation, etc., shall be submitted in sufficient detail
to allow a thorough technical review by the Township. Prospective
developers shall consult with the Zoning Officer to make a determination
as to whether or not the proposed subdivision or land development
is located within an identified floodplain.
D.
Where not prohibited by this or any other codes or ordinances, land
located in the floodplain may be subdivided or developed in accordance
with this and other codes or ordinances regulating such development.
E.
The finished elevation of proposed streets within floodplain areas
shall be no more than two feet (0.6096 meters) below the base flood
elevation. Drainage openings shall be sufficient to discharge flood
flows without unduly increasing flood heights.
F.
Waivers. Guidelines for relaxation from the requirements set forth
in this section are as follows:
(1)
A waiver shall not be issued within any designated regulatory
floodway if any increased flood levels during the base flood discharge
would result.
(2)
A waiver shall only be issued if there is:
(a)
A showing of good and sufficient cause;
(b)
A determination that failure to relax the requirements would
result in exceptional hardship to the applicant;
(c)
A determination that the relaxing of a requirement will not
result in increased flood heights, additional threats to public safety,
extraordinary public expense, create nuisances, cause fraud on or
victimization of the public, or conflict with existing local laws
or ordinances.
(3)
A waiver shall only be issued upon a determination that the
waiver is the minimum necessary, considering the flood hazard, to
afford relief.
A.
Upon the written request of the applicant and in accordance with
accompanying plans filed by the applicant, the Board of Supervisors
may waive or modify the street requirements of this chapter if the
modifications will result in furthering the objectives of the Mixed
Residential Cluster (MRC) District and the Comprehensive Plan of Towamencin
Township, as last amended.
B.
Permitted modifications. The following modifications may be permitted:
(1)
Fences shall not be permitted in the front yard, forward of
the front line of the building, except where, in the opinion of the
Board of Supervisors, fences are required to protect the health, safety,
and welfare of the community.
(2)
All-weather sidewalks shall be required on both sides of all
streets in a MRC development. However, the Board of Supervisors may,
in their discretion, permit sidewalks to be constructed on only one
side of a residential through street, and may completely waive the
requirements for sidewalks on a permanent cul-de-sac street provided
that the applicant can prove that sidewalks, as required, will not
be necessary for proper pedestrian circulation within the proposed
development.
(3)
Curbs will be required along all residential streets of a MRC
development. However, the Board of Supervisors may, at its discretion,
upon the recommendation of the Township Engineer, waive the requirement
for curbs in areas containing single-family detached dwellings and
single-family detached lot-line dwellings.
