[Ord. 01-11, 6/21/2001, § 701]
1. 
The design standards and requirements outlined in this Section will be utilized in determining the adequacy of all plans for proposed subdivisions and land developments.
2. 
Development shall be planned, reviewed and carried out in conformance with all Township, county, state, federal and other applicable laws and regulations.
3. 
Whenever other ordinances and regulations impose more restrictive standards and requirements than those contained herein, the more restrictive standards and regulations shall apply. Whenever the standards and requirements contained herein are more restrictive than those imposed in other ordinances and regulations, the more restrictive standards and regulations herein shall apply.
4. 
Land shall be suited for the purpose for which it is to be subdivided. Land with unsafe, environmentally sensitive or hazardous conditions, such as may have been identified in the Upper Macungie Township Comprehensive Plan, though not limited to those features or mapping therein, shall not be subdivided unless adequate mitigation measures eliminate or protect against these conditions.
5. 
Consideration shall be given to applicable provisions of the Township and county comprehensive plans, emphasizing future school sites, recreation sites, water supply and sewage treatment systems, highway alignments and other public facilities. However, consideration must be given to the need for the facilities and utilities mentioned above whether or not they are proposed as part of a comprehensive plan.
[Ord. 01-11, 6/21/2001, § 702]
1. 
Block Layout.
A. 
The length, width and shape of blocks shall be determined with due regard to:
(1) 
Provision of adequate sites for buildings of the type proposed.
(2) 
Township zoning requirements.
(3) 
Topography.
(4) 
Requirements for safe and convenient vehicular and pedestrian circulation, including the reduction of intersections with arterial streets.
2. 
Block Length.
A. 
Residential blocks shall be no less than 500 feet in length or no more than 1,600 feet in length.
B. 
In the design of blocks longer than 1,000 feet, special consideration shall be given to the requirements of satisfactory fire protection.
C. 
Where practicable, blocks along arterial and collector streets shall not be less than 1,000 feet long.
3. 
Block Depth.
A. 
Residential blocks shall be of sufficient depth to accommodate two tiers of lots, except:
(1) 
Where reverse frontage lots are required.
(2) 
Where prevented by the size, topographical conditions or other inherent conditions of the property.
4. 
Commercial, Industrial and Planned Residential Development.
[Amended by Ord. No. 2019-05, 8/1/2019]
A. 
Blocks in commercial, industrial and planned residential development may vary from the elements of design detailed above if required by the nature of the use. In all cases, however, adequate provision shall be made for traffic circulation, movement of emergency vehicles, off-street parking and loading areas. A turning movement plan shall be provided to show compliance with this section.
[Ord. 01-11, 6/21/2001, § 703]
1. 
General Standards.
A. 
Within the requirements of the Zoning Ordinance (Chapter 27), the size, shape and orientation of lots shall be appropriate for the type of development and use contemplated.
B. 
Side lot lines shall be at right angles to street lines or radial to curved street lines.
C. 
Lot lines shall follow municipal boundaries rather than cross them, in order to avoid jurisdictional problems.
D. 
Except for single-family attached and semidetached dwellings, the depth of residential lots shall be not less than one nor more than three times their width.
E. 
Depth and width of parcels intended for nonresidential uses shall be adequate for the use proposed and sufficient to provide satisfactory space for on-site parking, movement of emergency vehicles, loading and unloading, setbacks, landscaping, etc.
F. 
If, after subdividing, there exists remnants of land, they shall be either:
(1) 
Incorporated in existing or proposed lots.
(2) 
Legally dedicated to public use, if acceptable to the Township.
2. 
Lot Frontage.
A. 
All lots shall have direct access to a public street or to a private street which is built to the street standards of this Chapter.
B. 
Double or reverse frontage lots shall be required to provide separation of residential development from collector or arterial streets or to overcome specific disadvantages of topography or other natural features of the proposed subdivision tract.
C. 
All residential reverse frontage lots (and all corner lots with a lot line along a street where reverse frontage is required) shall have a rear yard with a minimum depth of 75 feet. In lieu of the seventy-five-foot building setback, the normal rear setback can be used, providing a planting easement meeting the following criteria is implemented:
(1) 
The easement shall be at least 20 feet in width.
(2) 
Contain a minimum three-foot-high undulating earthen berm (landscaped areas can be mulched).
[Amended by Ord. No. 2019-05, 8/1/2019; and by Ord. No. 2021-14, 12/2/2021]
(3) 
Contain evergreen and deciduous trees at a maximum spacing of 20 feet on center in a staggered arrangement.
[Amended by Ord. No. 2021-14, 12/2/2021]
(4) 
Prohibit access to the adjoining roadway.
(5) 
Located outside of the general utility easement.
(6) 
The lot or lots shall be encumbered by a covenant running with the land, stating that the property owner is responsible for the maintenance of the planting easement and that the Township may enforce such maintenance responsibility.
3. 
Lot Access.
A. 
Where direct access to an arterial or collector street cannot be avoided, adequate turnaround space shall be provided behind the right-of-way line.
B. 
Driveways to single-family residences shall intersect streets at angles of not less than 60°. All other driveways or access roads shall intersect streets at right angles, where practicable, and in no case less than 75°.
C. 
Width of access roads or driveways shall be in accordance with the following standards:
[Amended by Ord. No. 2019-05, 8/1/2019; and by Ord. No. 2021-14, 12/2/2021]
(1) 
Each access drive for nonresidential uses and residential parking lots shall have a minimum width of 12 feet and maximum width of 25 feet, except 35 feet if the applicant proves that such width is necessary to permit turning movement of tractor trailers as measured at the point of curvature of the access drive radii for one-way use only, and a minimum width of 20 feet and maximum width of 40 feet, 50 feet if the applicant proves that such width is necessary to permit turning movements of tractor trailers, as measured at the point of curvature of access drive radii for two-way use, and shall be clearly defined by curbing.
(2) 
Driveways for single-family residential subdivisions: See Chapter 27 (Zoning).
D. 
To provide safe and convenient ingress and egress, access-road driveway entrances shall be constructed as follows:
[Amended by Ord. 2011-4, 7/7/2011; and by Ord. No. 2019-05, 8/1/2019]
(1) 
Access roads for industrial uses shall be designed utilizing a three-centered compound curve or a seventy-five-foot radius to accommodate WB-67 truck-turning movements, as defined by AASHTO.
(2) 
Driveways containing gated entrances shall provide twenty-four-hour-a-day access to the site and sufficient storage area for a minimum of three WB-67 trucks to stage waiting for clearance. Additional truck storage may be required based on intensity of use and existing roadway conditions.
(3) 
Access-road entrances for multifamily residential developments, mobile home parks/manufactured home communities and all residential and nonresidential subdivisions shall be rounded at a minimum radius of 20 feet.
(4) 
Driveway entrances for single-family residences shall have a depressed curb; otherwise, a five-foot minimum radius should be provided where curb does not exist.
E. 
Access road grades and driveway grades shall not exceed the following at any point:
[Amended by Ord. 2011-4, 7/7/2011; and by Ord. No. 2019-05, 8/1/2019]
(1) 
Seven percent when access is to an arterial street with a forty-foot leveling area from the edge of the street cartway in which no grade shall exceed 5%.
(2) 
Ten percent when access is to a collector or local street with a twenty-foot leveling area from the edge of the street cartway in which no grade shall exceed 5%.
(3) 
Twenty-foot leveling areas in which the grade shall not exceed 7% from the entrance to a residential garage or a nonresidential parking deck.
F. 
Center lines of access roads or driveways, at the point of access to a street, shall not be located closer to the center line of a street intersection than the following distances:
(1) 
For single-family dwellings:
(a) 
One hundred fifty feet if either intersecting street is an arterial street.
(b) 
One hundred feet if either street is a collector street.
(c) 
Seventy-five feet if both streets are local streets.
(2) 
For all other development:
(a) 
Three hundred feet if either street is an arterial street.
(b) 
Two hundred feet if either street is a collector street.
(c) 
One hundred fifty feet if both streets are local streets.
(3) 
If the lot is entirely within the distances prescribed above, the driveway shall be aligned with the center of the travel lane of the intersecting street providing ingress to the lot.
G. 
Center lines of access roads or driveways shall intersect an interchange of an expressway street in accordance with Pennsylvania Department of Transportation standards.
[Ord. 01-11, 6/21/2001, § 704]
1. 
General Requirements.
A. 
Proposed streets shall be properly related to the road and highway plans of PennDOT and the Township transportation plan. Streets shall be designed to provide adequate vehicular access to all lots or parcels and with regard for topographic conditions, projected volumes of traffic and further subdivision possibilities in the area.
B. 
Street systems of a proposed subdivision or land development shall be designed to create a hierarchy of street functions, which includes collector and local streets.
C. 
Street systems of a proposed subdivision or land development shall be designed so as to minimize street intersections and pedestrian-vehicular conflict points.
D. 
Proposed local streets shall be designed so as to discourage through traffic and excessive speeds. However, the developer shall give adequate consideration to provision for the extension and continuation of arterial and collector streets into and from adjoining properties.
E. 
Traffic signs, including stop, advisory, speed limit and street signs, shall be designed in accordance with the "PennDOT Guidelines for Local Roadways," latest edition, and be shown on the record plan.
F. 
Where it is desirable to provide for street access to adjoining property, street right-of-way shall be extended to the boundary of such property. The streets shall meet the requirements of Subsection 7 of this Section.
G. 
Where a subdivision or land development abuts an existing road with a right-of-way width not meeting the requirements of Subsection 2A of this Section, sufficient right-of-way shall be shown so that the distance between the edge of the right-of-way and the road center line equals 1/2 of the required width.
(1) 
Where a subdivision or land development abuts an existing road not meeting the requirements of Subsection 3 or Subsection 6 of this Section, sufficient right-of-way to correct the alignment deficiency shall be shown on the plan.
(2) 
A deed description to convey land offered for dedication shall be provided along with an opinion of title from a title insurance company or an attorney which indicates that clear title exists for the land being dedicated are to be included with the final plan submission.
H. 
Any street or streets adjacent to a subdivision or land development shall be improved to the width specified under the requirements as defined in Subsection 2A of this section.
[Amended by Ord. No. 2019-05, 8/1/2019]
(1) 
The distance between the edge of the cartway and the road center line shall equal 1/2 of the required cartway width if the property adjoins only one side of the roadway.
(2) 
The developers' and/or landowners' responsibility for road improvement shall be in accordance with the "Street Classification Map" and associated street right-of-way and cartway dimension requirements as the same are set forth in the Zoning Ordinance of Upper Macungie Township (Chapter 27).
(3) 
The area to be improved shall be constructed within that portion of the right-of-way beginning at street center and extending to the edge or edges of the street right-of-way, as the same is defined under the Zoning Ordinance of Upper Macungie Township (Chapter 27).
(4) 
These improvements shall be constructed and completed in accordance with the Upper Macungie Township infrastructure construction specifications and subdivision or land development requirements, or security for such construction shall be provided in accordance with the provisions of Part 8 of this Chapter.
(5) 
The Board of Supervisors shall have the option of requiring funds equal to the cost of such road improvements in lieu of said construction. Said funds are to be deposited into the Upper Macungie Township street improvement account and are to be utilized in upgrading adjacent streets or other streets integral to the local Upper Macungie Township transportation network. These fees are determined using the boundary road upgrade form as determined by Subsection 1H of this section, or the Board of Supervisors may allow the developer to construct improvements to the existing roadway equal to the costs calculated by Subsection 1H to the total width of the road or beyond the roadway frontage, as determined by the Township.
I. 
Where a subdivision or land development abuts or contains an arterial road, the use of marginal access streets, reverse frontage lots or other such treatment shall be required. This will provide protection for abutting properties, reduction in the number of intersections with the arterial street and separation of local and through traffic.
J. 
Private streets (streets not to be offered for dedication) shall meet the street design and improvement standards set forth in this Chapter. In addition, when a private street is proposed, the developer shall provide the Township with proposed deed covenants, in a form satisfactory to the Township, obligating the owners of all lots to be served by the street to provide, at their expense, perpetual street maintenance including timely snow removal.
K. 
If the lots in the development are large enough for resubdivision, or if a portion of the tract is not subdivided, suitable access and street openings for such an eventuality shall be provided. The openings shall be at intervals consistent with the block length standards of Subsection 2 of § 22-702 of this Chapter.
2. 
Street Right-of-Way and Cartway Width.
A. 
The classification of a street shall conform with the classification shown on the Street Classification Map in the Zoning Ordinance (Chapter 27). Street right-of-way and cartway width in proposed subdivisions shall conform to the standards in the following table:
[Amended by Ord. 2011-4, 7/7/2011]
Local Road
Collector Road
Arterials and Expressways
Use
Single-Family Detached Dwellings
All Other Uses
All Uses
All Uses
Right-of-way width
50 feet
60 feet1
60 feet
70 feet (greater widths as per AASHTO and PennDOT design standards may be required)
Cartway width
30 feet
36 feet2
36 feet
50 feet (greater widths as per AASHTO and PennDOT design standards may be required)
NOTES:
1
Industrial and commercial uses require additional width for turning movements.
2
If off-street parking in excess of the requirements of the Zoning Ordinance is provided, the Township may permit a narrower cartway.
B. 
If a local road serves a mixture of single-family detached dwellings and other uses, the standards for the other uses above will be applicable.
C. 
Notwithstanding the fact that streets that intersect a state road require a highway occupancy permit, the location of such proposed streets shall meet both the requirements of this Part and the regulations of the Pennsylvania Department of Transportation.
D. 
Curb shall be required along all existing and proposed roads in residential subdivisions containing lots of less than one acre in size. In subdivisions containing lots equal or greater than one acre in size, curb may be required when necessary to continue existing curbing or if, in the opinion of the Township Engineer, they will provide a superior means of drainage control.
E. 
Roadway lane tapers lengths shall be designed based on the posted speed limit utilizing the following formula: Taper Length = Speed Limit x Width. Bay tapers shall be designed based upon the following formula: Bay Taper = Taper length/6.
[Added by Ord. No. 2019-05, 8/1/2019]
3. 
Horizontal Curves.
A. 
Whenever street center lines are deflected more than five degrees within 500 feet, connection shall be made by horizontal curves.
[Amended by Ord. No. 2019-05, 8/1/2019]
B. 
Horizontal curves shall have the following minimum center-line radii:
[Amended by Ord. 2011-4, 7/7/2011]
(1) 
Local streets: 225 feet.
(2) 
Collector streets: 525 feet.
(3) 
Arterial streets and expressways: as per current American Association of State Highway and Transportation Officials (AASHTO) standards.
C. 
A minimum tangent of 100 feet shall be required between reverse curves on all streets. A minimum tangent of 75 feet shall separate horizontal curves from intersections, as measured from the point of intersecting center lines.
4. 
Street Grades.
A. 
There shall be a minimum center-line grade on all streets of 1%.
B. 
Center-line grades shall not exceed the following:
(1) 
Local streets: 10%.
(2) 
Collector streets: 7%.
(3) 
Arterial streets: as per current AASHTO standards.
C. 
Intersections shall be approached by the lower classification roadway by leveling areas. Such leveling areas shall have a minimum length of 75 feet (measured from the intersection of the center lines), within which no grade shall exceed a maximum of 4%.
D. 
Cross-slopes for roadways, access drives and parking lanes shall have minimum 2% and cross-slopes for shoulders shall be 6% when no curbing is proposed.
[Amended by Ord. No. 2019-05, 8/1/2019; and by Ord. No. 2021-14, 12/2/2021]
5. 
Vertical Curves.
A. 
Vertical curves shall be used in changes of grade exceeding 1%.
B. 
Vertical curves shall be designed to produce the following minimum sight distances:
(1) 
Local streets: 155 feet.
[Amended by Ord. No. 2019-05, 8/1/2019]
(2) 
Collector streets: 250 feet.
[Amended by Ord. No. 2019-05, 8/1/2019]
(3) 
Arterial streets and expressways: as per current AASHTO standards.
6. 
Street Intersections.
A. 
Streets shall intersect at right angles whenever practicable. Where intersections involve collector or arterial streets, the angle of intersection at the street center lines shall in no case be less than 75°. No two streets shall intersect with an angle of intersection at the center line of less than 60°.
B. 
Intersections involving the junction of more than two streets shall be prohibited.
C. 
Two streets intersecting a third street from opposite sides shall either intersect with a common center line or their center lines shall be offset according to the following standards:
(1) 
The two streets shall be separated by a distance of 150 feet between center lines measured along the center line of the street being intersected when all three streets involved are local streets.
(2) 
The two streets shall be separated by a distance of 400 feet between center lines measured along the center line of the street being intersected when one or more of the streets involved is a collector street.
(3) 
The two streets shall be separated by a distance of 800 feet between center lines measured along the center line of the street being intersected when one or more of the streets involved is an arterial street.
D. 
Street curb intersections shall be rounded by a tangential arc with a minimum radius of and three-centered compound curve for industrial collector and arterial:
[Amended by Ord. 2011-4, 7/7/2011]
(1) 
Twenty feet for intersections involving only local streets.
(2) 
Thirty feet for all intersections involving a collector street.
(3) 
Fifty-five feet for all intersections involving an arterial street.
[Amended by Ord. No. 2019-05, 8/1/2019]
(4) 
Seventy-five feet for all intersections involving an expressway.
(5) 
Streets providing tractor-trailer access to industrial parks shall utilize a three-centered compound curve, or a seventy-five-foot radius, as defined by AASHTO, for WB-67 truck-turning movements.
[Amended by Ord. No. 2019-05, 8/1/2019]
E. 
Street right-of-way lines, whenever possible, shall be parallel to (concentric with) curb arcs at intersections.
(1) 
A tangential arc shall round street right-of-way lines at intersections with a minimum radius of 15 feet.
F. 
Clear Sight Triangles at Intersections.
[Amended by Ord. No. 2019-05, 8/1/2019]
(1) 
The intent is to ensure that traffic passing through an intersection or turning onto a street can safely see oncoming traffic.
(2) 
Clear sight distance triangles shall be shown on development plans submitted to the Township and on any plan required to be recorded. Such triangle shall serve as a permanent setback line for all such visual obstructions and shall be binding upon present and future owners of the land. No objects greater than two feet in height and no other object that would obscure the vision of the motorist shall be permitted.
(3) 
At every intersection of a public street, private street, alley, trail, or commercial driveway with a public street there shall be triangular areas deemed to be clear sight triangles. Clear sight triangles shall be as specified by PennDOT's Intersection Sight Distance or formula sign distance, in the latest edition of AASHTO A Policy on Geometric Design of Highways and Streets, as applied by PennDOT.
(4) 
The vertex of the clear sight distance triangle shall be measured per the latest edition of AASHTO standards.
7. 
Culs-de-Sac, Dead-End Streets and Stub Streets.
A. 
Dead-end streets are prohibited except those meeting the standards of Subsection 7B of § 22-704 of this Chapter.
B. 
Stub streets may be constructed for future access to an adjoining property or a subsequent section of the development. Stub streets shall be built to the standards of Subsection 2A of this Section. The length of stub streets shall not exceed the depth of one lot. No more than one lot shall front on each side of the stub street. These lots shall also have full frontage along another public street. No driveways will be permitted within the last 15 feet to allow for snow discharge.
C. 
Culs-de-sac (temporary and permanent), loop roads, and other street networks which have a single point of access to the surrounding road network shall not serve more than 25 dwelling units and shall not exceed a total length of more than 800 feet, as measured from the center line of the intersection at the single point of access to the farthest point served. Permanent culs-de-sac shall be limited to one per subdivision.
D. 
All cul-de-sac streets, whether permanently or temporarily designed as such, shall be provided at the closed end with a fully paved turnaround. The turnaround may be offset to the left, but turnarounds offset to the right shall be prohibited.
[Amended by Ord. 2011-4, 7/7/2011]
(1) 
The minimum radius to the pavement edge or curbline shall be 50 feet, and the minimum radius of the right-of-way line shall be 60 feet.
(2) 
The radius of the right-of-way line approach and return between the bulb and stem of the cul-de-sac shall be a minimum of 150 feet. The curbline or pavement edge radius shall be a minimum of 160 feet.
E. 
Islands, whether containing plantings or not, shall be prohibited within the bulb of the cul-de-sac.
F. 
The grade of the cul-de-sac bulb shall not exceed 5% as measured from the center of the cul-de-sac bulb to any perimeter point of the bulb.
G. 
Grades shall be designed with concerns for snow storage. An area 20 feet by 20 feet for emergency snow storage shall be provided at the property line at the extension of the roadway center line and shall be designed to consider snowmelt from this area. The record plan shall note the location, and the provision shall be stated in the covenants to be recorded with the plan. The snow storage area shall be free of utility boxes, mailboxes, fire hydrants and other facilities that may hamper snow storage, or may require accessibility.
[Amended by Ord. No. 2019-05, 8/1/2019]
H. 
Temporary culs-de-sac may be permitted to allow connection to an adjoining property or a subsequent section. Temporary culs-de-sac shall meet the following standards.
(1) 
The lots along the bulb of the cul-de-sac shall meet the lot width and lot size requirements of the Zoning Ordinance (Chapter 27) after the bulb has been removed and the road has been extended.
(2) 
The temporary cul-de-sac shall extend to the edge of the adjoining property to which future access is to be provided.
8. 
Street Names.
A. 
Proposed streets which are in alignment with others already existing and named shall bear the names of existing streets.
B. 
In no case shall the name of a proposed street duplicate an existing street name in the municipality and in the postal district, irrespective of the use of a suffix, such as street, road, avenue, boulevard, driveway, place, court, lane, etc.
C. 
All street names shall be subject to the approval of the Township Supervisors.
9. 
Sidewalks and Curbs.
A. 
Public sidewalks shall be required along the roadway frontage of all improved roads in multifamily, single-family attached/detached developments and all nonresidential subdivisions and land developments.
[Amended by Ord. No. 2019-05, 8/1/2019; and by Ord. No. 2021-14, 12/2/2021]
(1) 
Sidewalks shall be in the street right-of-way. There shall be a five-foot grass strip between the curb and the sidewalk. Sidewalks shall be a minimum of five feet wide.
(2) 
An interior walkway system may substitute for sidewalks as required in this subsection.
(3) 
Accessible ramps shall be provided at intersections and crosswalks. Enlargement detail plans shall be provided at a scale of one inch equals five feet. Details shall depict spot elevations and slopes in accordance with PennDOT Publication 72, RC -67 standards (current edition).
B. 
Private sidewalks or pedestrian accessways shall be provided for nonresidential use. The intent of this requirement is to provide safe pedestrian and/or bicycle connections from public rights-of-way to proposed buildings.
[Amended by Ord. No. 2021-14, 12/2/2021]
(1) 
Private sidewalks may be adjacent to driveways or accessways but shall be separated by a concrete vertical curb or physical barrier.
(2) 
Private sidewalks are required adjacent to bus stops where insufficient right-of-way is available to provide safe ingress/egress to the bus stop shelter and to provide a refuge or waiting area.
C. 
Curbs shall be required in all nonresidential subdivisions and land developments as well as in multifamily and single-family attached/detached developments along existing and proposed roads, parking areas, parking islands, loading areas and driveways, other than those leading to individual garages.
[Amended by Ord. No. 2019-05, 8/1/2019]
10. 
Streetlighting.
[Added by Ord. No. 2019-05, 8/1/2019; amended by Ord. No. 2021-14, 12/2/2021]
A. 
Lighting shall be provided along public streets (for subdivisions greater than 25 units) and within parking and recreational facilities. Glare shall be controlled in accordance with Zoning Ordinance standards.
B. 
Streetlighting shall be installed at each street intersection, pedestrian crossing, and curves in proposed streets.
C. 
Intensity of illumination for recreational facilities shall be determined on a case-by-case basis pending actual needs to accommodate the facility.
D. 
Intensity of illumination for roadways and parking facilities shall be determined from the table below:
Roadways or Parking Facilities
Footcandles
Arterial
Commercial areas1
1.7
Intermediate areas1
1.3
Residential areas1
0.9
Collector
Commercial areas1
1.2
Intermediate areas1
0.9
Residential areas1
0.6
Local
Commercial Areas1
0.9
Intermediate Areas1
0.6
Residential Areas1
0.4
Parking Areas
Self parking
1.0
NOTES:
1
Areas are defined as follows:
Commercial areas: dense business districts with heavy vehicular and pedestrian traffic throughout the day and night.
Intermediate areas: moderately heavy pedestrian traffic during nights (libraries, recreation centers, large apartment complex, neighborhood retail stores).
Residential areas: predominately a residential area with light pedestrian traffic at night (single family, multifamily, apartments).
Source: Illuminating Engineering Society of North America, Mark Rea (ed.). IES Lighting Handbook 1993.
[Ord. 01-11, 6/21/2001, § 705; as amended by Ord. 2011-4, 7/7/2011; and by Ord. No. 2019-05, 8/1/2019]
Each proposed building lot or proposed land development shall be provided with sanitary sewage disposal in accordance with the following requirements.
1. 
Public Sanitary Sewage Systems.
A. 
Existing Public Sanitary Sewage Systems.
(1) 
Each proposed subdivision or proposed land development which is located within the current Act 537 Public Sewer Service Area boundary and is within 1,000 feet of an existing public sanitary sewage system shall be connected by the developer to such system, unless such connection is not technically feasible, as determined by the Township.
[Amended by Ord. No. 2021-14, 12/2/2021]
(2) 
Any such connection shall be in accordance with the provisions of:
(a) 
The Township Infrastructure Construction Specifications, latest revision. (See Part 10 of this chapter.)
[Amended by Ord. No. 2021-14, 12/2/2021]
(b) 
Subsection 3 of this section.
(c) 
Subsection 5K(1) of § 22-403 of this chapter.
[Amended by ]Ord. No. 2021-14, 12/2/2021]
(d) 
The sanitary sewage disposal regulations of the Pennsylvania Department of Environmental Protection, current regulations.
(3) 
In the event a public sewer connection is not required under Subsection 1A(1) above, each proposed building lot shall instead be provided with an on-lot sewage disposal system in accordance with Subsection 2 of this section.
B. 
Proposed Public Sanitary Sewage Systems.
(1) 
Each proposed subdivision or proposed land development which is located within the current Act 537 Public Sewer Service Area boundary, and any portion of which is within 1,000 feet of:
[Amended Ord. No. 2021-14, 12/2/2021]
(a) 
Any proposed public sanitary sewage system for which Upper Macungie Township has indicated in writing to the developer its intention to extend any portion thereof to within 1,000 feet of any lot or portion thereof within five years;
(b) 
Any portion of any proposed public sanitary sewage system in the Upper Macungie Township Comprehensive Plan; or
(c) 
Any portion of any other public sanitary sewage system proposed by the Upper Macungie Township Board of Supervisors to be constructed within five years.
(2) 
Shall, unless ultimate connection to the proposed public sanitary sewage system would be technically unfeasible, be connected to a "dry" sanitary sewage system, including lateral connectors as will be necessary to provide service to each lot suitably capped until connection to the public sanitary sewage system can be made.
(3) 
Any such connection shall be in accordance with the standards of:
(a) 
The Township Infrastructure Construction Specifications, latest revision. (See Part 10 of this chapter.)
[Amended by Ord. No. 2021-14, 12/2/2021]
(b) 
Subsection 3 of this section.
(c) 
Subsection 5K(1) of § 22-403 of this chapter.
[Amended by Ord. No. 2021-14, 12/2/2021]
(d) 
The sanitary sewage disposal regulations of the Pennsylvania Department of Environmental Protection, current regulations.
(4) 
In the event a "dry" sewer connection is required under Subsection 1B(2) above, each proposed building lot shall, until ultimate public sewer connection, be provided with an on-lot sewage disposal system in accordance with Subsection 2 of this section.
2. 
On-Lot Sewage Disposal Systems.
A. 
An on-lot sewage disposal system shall be provided only for each lot that:
(1) 
Is not required to be connected to an existing public sanitary sewage system under Subsection 1A(1) or to a proposed sanitary sewage system under Subsection 1B(2) above.
(2) 
Will be connected to a "dry capped" sanitary sewage system under Subsection 1B(2) above, but only until connection to the public sanitary sewage system can be made.
B. 
Any such on-site sewage disposal system shall be in accordance with the standards of:
[Amended by Ord. No. 2021-14, 12/2/2021]
(1) 
The Township Infrastructure Construction Specifications, latest revision. (See Part 10 of this chapter).
(2) 
Subsection 2 of this section.
(3) 
Subsection 5K(2) of § 22-403 of this chapter.
(4) 
The current sanitary sewage disposal regulations of the Pennsylvania Department of Environmental Protection.
C. 
An approved copy of the Sewage Facilities Planning Module addressing each proposed building lot, satisfying the requirements of the Pennsylvania Department of Environmental Protection for the on-lot sewage disposal system, shall be submitted as part of the preliminary plan. [See also Subsection 5K(2) of § 22-403.]
[Amended by ]Ord. No. 2021-14, 12/2/2021]
D. 
Each preliminary and final plan shall include an annotation expressly imposing a covenant running with the land, respecting each proposed building lot for which an on-lot sewage disposal system is proposed, stating that:
(1) 
Upper Macungie Township makes no warranty or representation that on-lot sewage disposal will be available for such lots.
(2) 
No construction upon the property or occupancy of the property will be permitted until sewage disposal facilities complying with Subsection 1 or Subsection 2 of this section are provided to such lots.
(3) 
The record plan must show the perimeter of the proposed absorption area for both a primary and secondary system, along with soil profile excavation locations (indicating depth to limiting zone), percolation test locations (indicating perc rate), and slope across each test area.
[Amended by Ord. No. 2021-14, 12/2/2021]
E. 
Any such on-lot sewage disposal system shall be permitted and constructed in accordance with Chapter 18, Part 6, of the Upper Macungie Township Code and the Pennsylvania Sewage Facilities Act (Act 537), latest revision.
3. 
Sanitary Sewer Design Criteria.
[Amended by Ord. No. 2021-14, 12/2/2021]
A. 
All sanitary sewers to be dedicated to Upper Macungie Township shall be constructed in accordance with the Township Infrastructure Construction Specifications (see Part 10 of this chapter) and the PADEP Domestic Wastewater Facilities Manual, latest edition.
B. 
All sanitary sewers not to be dedicated to Upper Macungie Township, including but not limited to lateral connections, shall conform to the plumbing code currently in effect in Upper Macungie Township at the time of construction.
C. 
Stormwater interconnections with the sanitary sewer system shall not be permitted.
D. 
All sewer lines shall be located in public streets, generally parallel to curblines, and a minimum of eight feet from the face of curb.
E. 
Where sewer lines must be located within easements, the following provisions shall apply:
(1) 
Minimum easement width shall be 20 feet for the sewer line and 30 feet if the easement area is shared with another utility, with separation in accordance with individual utility requirements.
(2) 
Sewer lines shall be a minimum of 10 feet from an easement line.
(3) 
Deeds of easement are to be provided in the name of Upper Macungie Township and shall include provisions that easement area will remain level and free of fences, trees, shrubs and other obstructions. These easements must be submitted with the final plan submission.
(4) 
Service lateral connections will not be permitted within the easement area, unless unavoidable as determined by the Township.
(5) 
Manholes within designated easement areas may be required to extend approximately 18 inches to 24 inches above finished grade as deemed necessary by the Township or as deemed necessary.
(6) 
All sanitary sewer easement areas must be graded level and wide enough to provide vehicular access for maintenance. Final vehicular access grading must be approved and completed prior to the sanitary sewer system acceptance by the Township.
F. 
Sewer mains shall be extended along existing public streets for the full frontage of the property being developed.
G. 
Sewer lines shall not be located within stormwater detention basin areas or control structures.
H. 
Sewer lines shall be deep enough to serve basements of existing and proposed residences. Basement elevations must be indicated on the sewer line profile. All sewer service laterals shall be designed, in general, to allow for basement service, unless approved otherwise by the Township. The minimum slope of a service lateral between the main and the Township right-of-way shall be 1/4 inch per foot.
I. 
Wherever possible, sanitary sewer mains shall be laid with a minimum of ten-foot horizontal separation from any existing or proposed water main.
J. 
Wherever possible, utility line crossings shall be avoided. Where crossings are required, the following provisions shall apply:
(1) 
Minimum vertical separation between sewer lines and utilities other than waterlines shall be 12 inches.
(2) 
Where sewer lines cross beneath water mains with less than 18 inches of vertical separation, the sewer line shall not be encased in concrete.
K. 
Manholes less than seven feet deep shall be designed with a precast reinforced concrete flat slab top in lieu of a cone section.
L. 
Manholes shall not exceed 14 feet in depth.
M. 
Sewer mains/laterals in excess of 14 feet deep shall be ductile iron pipe or high strength PVC, as identified in the Township Infrastructure Construction Standards (see Part 10 of this chapter).
N. 
The following minimum vertical drop shall be provided through sewer manholes:
(1) 
Zero degrees to 25° change in direction: 0.10 of a foot.
(2) 
Twenty-five to 75° change in direction: 0.15 of a foot.
(3) 
Greater than 75° change in direction: 0.25 of a foot.
O. 
The minimum allowable design slope shall be 0.50% for eight-inch-diameter sewer mains, and 0.40% for ten-inch-diameter sewer mains. Terminal sewer runs shall be increased to 0.75% minimum slope. In no event shall the sewer main diameter be increased solely to allow a reduction in the minimum permissible slope. Calculations shall be submitted to justify any proposed sewer main diameters greater than eight inches.
P. 
Whenever possible, sewer mains shall be designed without vertical drops in excess of two feet through manholes. Drop connections shall be provided for greater vertical drops and shall not be less than three feet.
Q. 
Sanitary sewer mains shall be designed with at least five feet of cover wherever possible. Exceptions, where necessary, will be reviewed by the Township, but in no case shall less than four feet of cover be permitted. When exceptions are granted to allow less than five feet of cover, ductile iron pipe shall be used.
R. 
Sewer laterals shall not be connected directly to manholes. Laterals shall not be located less than five feet from the outside of manhole walls and other structures, nor within three feet of each other when located on the same side of the sewer main.
S. 
Doghouse manholes shall not be permitted, except in special cases approved by the Township.
T. 
When sanitary sewers are required to be installed within casing pipes, in general the casing pipe diameter shall be three times the diameter of the carrier pipe. Exceptions will be reviewed on a case-by-case basis. The casing pipe and manhole placement shall be designed so as to permit removal of the carrier pipe from the casing pipe without the need for cutting the carrier pipe lengths into smaller sections.
U. 
Sewage pumping stations shall not be permitted unless gravity sanitary sewers and/or low-pressure sanitary sewers are not feasible.
V. 
In the event that a new pumping station is required for the development, the developer shall be responsible for the design of the pump station and all appurtenances, including securing all applicable permits. The pumping station shall be designed to current Township design and equipment standards.
W. 
In the event a pumping station is required, the developer shall establish an escrow fund, acceptable to the Township Solicitor and Board of Supervisors, regarding maintenance for the life of the station.
X. 
In the event that the developer constructs a privately owned pump station and force main, assurances must be provided for long-term proper operation and maintenance of the proposed facilities, as outlined in Title 25, Pa. Code, § 71.72. A maintenance agreement between the property owner and an individual firm or corporation experienced in the operation and maintenance of the proposed facilities should be provided.
Y. 
Manholes shall be numbered in accordance with the Township standardized numbering system.
Z. 
The developer shall be responsible for securing all outside agency permits and paying any and all fees related to applying for and securing said outside agency permits.
AA. 
The developer and/or his engineer or contractor shall be responsible to maintain accurate records during the construction of the sanitary sewage system and appurtenances. The developer shall provide to the Township a record set of drawings (one paper copy and one electronic copy) depicting the final construction.
BB. 
Sewage Pumping Stations and Meter Stations. Detailed plans, design calculations and specifications for all pumping stations and metering stations shall be submitted to the Township's Engineer for review and approval. The design criteria shall incorporate design standards, materials and equipment manufacturers currently in use by the Township for all above-ground, self-priming, sewage-pumping stations.
CC. 
The use of low-pressure sewer systems shall not be considered as an alternative to a conventional gravity sewer collection system. The use of a low-pressure sewer system will be reviewed and approved on its merits on a case-by-case basis. All hydraulic calculations and system details shall be submitted to the Township for review prior to approval.
[Ord. 01-11, 6/21/2001, § 706; as amended by Ord. No. 2019-05, 8/1/2019]
Each proposed building lot or proposed land development shall be provided with water supply in accordance with the following requirements.
1. 
Public Water Supply Systems.
A. 
Each subdivision which is within 1,000 feet of an existing public water supply system shall be connected by the developer to such system, unless such connection is not technically feasible, or it is located in the agricultural zoning district.
B. 
Any such connection shall be in accordance with the provisions of:
(1) 
The improvement specifications. (See Part 8 of this chapter.)
(2) 
Chapter 26 of the Upper Macungie Township Code of Ordinances.
(3) 
Subsection 5J of § 22-403 of this chapter.
(4) 
Water quality regulations of the Pennsylvania Department of Environmental Protection.
C. 
In the event a public water supply connection is not required under Subsection 1A of this section, each proposed building lot shall instead be provided with an on-lot water supply system in accordance with Subsection 2 of this section.
D. 
Fire hydrants with water supply for fire protection shall be provided in all subdivisions and land developments connected to a public water supply system. No portion of any structure shall be located more than 300 feet from a fire hydrant (measured along the fire truck path from the hydrant to the structure) and each part of each structure shall be located within the service area of at least one fire hydrant. For purposes of the preceding sentence, the service area of a fire hydrant shall mean the area (considering all three dimensions) which can be serviced from the fire hydrant by the primary fire company or department providing protection to the structure, considering topography, location of structures, fire company equipment and all other relevant factors. Fire hoses cannot be run over by vehicular traffic.
[Amended by Ord. No. 2021-14, 12/2/2021]
E. 
All proposed building lots for and all multifamily residential, commercial and industrial uses shall be provided by the developer with an adequate public water supply. Reference is made to applicable codes adopted by the Township that are in effect.
2. 
On-Lot Water Supply Systems (Wells).
A. 
An on-lot water supply system or well shall be provided only for each lot that cannot feasibly be connected to an existing public water supply system under Subsection 1A above.
B. 
Any such on-site water supply system shall be in accordance with the standards of:
(1) 
The improvement specifications. (See Part 8 of this chapter.)
(2) 
Chapter 26 of the Upper Macungie Township Code.
(3) 
Subsection 5J of § 22-403 of this chapter.
(4) 
Water quality regulations of the Pennsylvania Department of Environmental Protection.
C. 
Proposed building lots and land developments for multifamily residential (twins, townhouses, or apartments), commercial or industrial uses shall not be served by an on-lot water supply system or well. This does not pertain to single-family detached residential uses.
D. 
Each preliminary and final plan shall include an annotation expressly imposing a covenant running with the land, respecting each proposed building lot for which an on-lot water supply system is proposed, stating that:
(1) 
Upper Macungie Township makes no warranty or representation that on-lot water supply will be available for such lots.
(2) 
No construction upon the property or occupancy of the property will be permitted until water supply facilities complying with Subsection 1 or 2 of this section are provided to such lots.
[Ord. 01-11, 6/21/2001, § 707]
1. 
Storm drainage systems shall be provided in order to:
A. 
Permit unimpeded flow of natural watercourses, except as may be modified by stormwater detention pond requirements in Subsection 4 below or open channels pursuant to Subsection 2G below.
B. 
Ensure adequate drainage of all low points along the line of streets.
C. 
Intercept stormwater runoff along streets at intervals related to the extent and grade of the area drained.
D. 
Provide positive drainage away from on-site sewage disposal systems.
E. 
Take surface water from the bottom of vertical grades, to lead water from springs and to avoid excessive use of cross gutters at street intersections and elsewhere.
F. 
Provide for the conveyance of a one-hundred-year storm event without causing safety hazards or property damage.
G. 
Prevent overloading of downstream drainage systems and watercourses as a result of increased rate of runoff caused by the proposed development.
2. 
General Requirements.
A. 
A site drainage plan for the proposed subdivision or land development tract shall be prepared which illustrates the following information:
(1) 
Mapping of the watershed area or areas in which the proposed subdivision or land development is located. This mapping should include any closed depression(s) located within the proposed development.
[Amended by Ord. No. 2019-05, 8/1/2019]
(2) 
Calculations of runoff for all points of runoff concentration.
(3) 
Complete drainage systems for the subdivision. All existing drainage features which are to be incorporated in the design shall be so identified. If the subdivision or land development is to be developed in stages, a general plan for the entire subdivision shall be presented with the first stage, and appropriate development stages for the drainage system shall be indicated.
B. 
The existing points of natural drainage discharge and the mode of drainage discharge and the mode of drainage conduct onto adjacent property shall not be altered, unless:
(1) 
Written consent of an affected landowner is obtained by the applicant with agreement filed on record plan.
C. 
No stormwater runoff or natural drainage shall be permitted to overload existing drainage systems or create flooding or the need for additional drainage structures on other private properties or public lands.
[Amended by Ord. No. 2019-05, 8/1/2019]
D. 
Where closed depressions are identified within the proposed site, an analysis of the effect of the water surface elevation in the closed depression due to the additional volume of runoff from the proposed development on the closed depression shall be provided for all design storms. There can be no increase in the water surface elevation within the closed depression as a result of increased volume caused by the proposed development.
[Added by Ord. No. 2019-5,[1] 8/1/2019]
[1]
Editor's Note: This ordinance also redesignated former Subsection 2D through H as Subsection 2E through I, respectively.
E. 
Where a subdivision is traversed by watercourses other than permanent streams, there shall be provided on the subdivision plan a drainage easement and deed restriction conforming substantially to the line of such watercourse which shall be offered to the Township for dedication. The width of the easement shall be adequate to provide for unimpeded flow of storm runoff based on calculations made in conformance with Subsection 3 of this section and to provide a freeboard allowance of 1/2 foot above the design water surface level. Periodic cutting and maintenance of the vegetation by the landowner is required. The alteration, obstruction or encroachment of any kind is prohibited with easements. The Township shall have the right, but not the responsibility, to maintain the swale or pipe and infrastructure within the easement and seek reimbursement from the property owner as allowed by law.
[Amended by Ord. No. 2019-05, 8/1/2019]
F. 
Drainage structures that are located on state highway rights-of-way shall be approved by the Pennsylvania Department of Transportation, and a letter from that office indicating such approval shall be included with the preliminary plan application.
G. 
All streets shall be so designed as to provide for the discharge of surface water from their rights-of-way.
H. 
When natural drainage swales on the site cannot adequately provide for drainage, open channels may be constructed conforming substantially to the line and grade of such natural drainage swales. Capacities shall be calculated using the Manning equation, as explained in Part 10 of this chapter.
I. 
Storm drainage facilities and appurtenances shall be so designed and provided as to minimize erosion in watercourse channels and at all points of discharge.
J. 
Any proposed storm drainage plans that will affect the drainage basin of any watercourse shall be approved by the Pennsylvania Department of Environmental Protection, Division of Dam Safety and Waterway Management, if the drainage basin so affected has an area of 0.5 square mile of more.
[Added by Ord. No. 2019-05, 8/1/2019]
3. 
Calculation of Storm Runoff and Design Storm Frequency.
A. 
Storm drainage systems required by this Chapter shall be designed to provide protection from a two- to one-hundred-year storm, as determined by the Township. If the site of the subdivision or land development is within a watershed with an approved stormwater management plan enacted pursuant to Act 167, the criteria in the applicable plan shall be used.
(1) 
A ten-year design storm is appropriate where a storm in excess of the design storm will have minor impact, such as inconvenience to traffic on local streets.
(2) 
A twenty-five-year design storm is appropriate where a storm in excess of the design storm will cause major inconvenience to people and traffic in high-use areas, such as business districts and along collector or arterial roads.
(3) 
A one-hundred-year design storm is appropriate where a storm in excess of the design storm will cause damage to existing or future structures or their contents.
(4) 
Any downstream analysis conducted to determine adequacy for accepting increased rates of runoff shall consider the one-hundred-year storm event.
(5) 
The design or analysis of all natural or man-made overland drainage systems shall have adequate capacity for the ten-year to one-hundred-year return storm as indicated above and shall further consider the ten-year storm event for velocity. Permissible velocities are indicated in Part 10 of this chapter.
[Amended by Ord. No. 2019-05, 8/1/2019]
B. 
Stormwater runoff from watersheds of 200 or less acres shall be calculated by the Rational Method as described in Manual Number 37 of the American Society of Civil Engineers, except as the watershed size criteria may be modified by an approved Act 167 stormwater management plan. The Rational Method of runoff calculation is explained in Chapter 17. The SCS Method may be used for stormwater runoff from watersheds of 200 or fewer acres if an NPDES permit is required.
[Amended by Ord. No. 2019-05, 8/1/2019]
C. 
Stormwater runoff from watersheds of more than 200 acres shall be calculated using the Soil Cover Complex Method developed by the Soil Conservation Service or other appropriate method acceptable to the Township Engineer.
D. 
The design of any detention facility shall be verified by routing the proposed post-development hydrograph through the basin using a storage indication technique.
E. 
The Manning equation explained in Part 10[2] of this Chapter shall be used in calculating capacities of watercourses and storm sewers, except culverts, which shall be designed using methods acceptable to the Township Engineer.
[2]
Editor's Note: See the appendixes included at the end of this Chapter.
F. 
Complete detailed drainage calculations and applicable charts and nomographs certified by the design engineer shall be submitted to the Township with the preliminary plan submission.
[Amended by Ord. No. 2019-05, 8/1/2019]
4. 
Stormwater Detention.
A. 
Stormwater detention facilities shall be used for all subdivisions and/or land development proposals unless the following three criteria have been met:
(1) 
The proposed rate and volume of runoff can be accommodated by all downstream fixed pipe or surface drainage systems in accordance with Subsection 3A(4) above.
(2) 
Written permission has been granted by the adjoining downstream tenant where runoff discharges onto the adjoiner overland via a surface drainage system.
(3) 
The development must fall within a provisional no-detention area, as defined in the Stormwater Management Ordinance of Upper Macungie Township.[3]
[3]
Editor's Note: See Ch. 17, Stormwater Management.
B. 
Whenever stormwater detention facilities are required under Subsection 4A above, the maximum post-development peak rates of flow shall be governed by the following provisions:
(1) 
Post-development rates of runoff for the one- through one-hundred-year storm events shall not exceed predevelopment rates.
(2) 
Within watersheds for which there is an approved Act 167 stormwater management plan, the detention facilities shall at minimum be designed to discharge post-development peak runoff rates consistent with the plan criteria, except in the instance of off-site detention facilities implemented as per Subsection 4B(4) below.
(3) 
Within watersheds for which there is not an approved Act 167 stormwater management plan, the detention facilities shall be designed to provide that the peak rate of runoff at all points of discharge from the site, when developed, will not exceed the peak rate of runoff at each of those points prior to development, with the exception of the instance of off-site detention facilities implemented as per Subsection 4B(4) below.
(4) 
In certain instances, regional detention facilities to provide runoff control for multiple development sites may be implemented in lieu of individual development site detention basins. Peak runoff rates of discharge from a regional detention basin shall be based upon maintaining existing peak runoff rates for the tributary area, except that other criteria for discharge may apply for regional detention facilities located within a watershed with an approved Act 167 stormwater management plan. Any developer relying upon regional detention facilities in lieu of on-site controls shall pay a fee to the owner of the regional facility (presumably the municipality) in proportion to the share of total storage volume required by the development and provided by the basin.
C. 
Where detention facilities are included as part of the storm drainage system, the following provisions will apply:
(1) 
Detention ponds, including the detention volume portion of spray irrigation basins, shall be designed so that they return to normal conditions within 72 hours after the termination of the storm, unless the Township Engineer finds that downstream conditions may warrant other design criteria for stormwater release. Infiltration basins and the spray irrigation volume shall dewater within the required federal standards.
[Amended by Ord. No. 2019-05, 8/1/2019; and by Ord. No. 2021-14, 12/2/2021]
(2) 
The developer shall demonstrate that such ponds are designed, protected and located to assure that public safety is maximized and health problems are prevented. The following minimum criteria shall apply:
(a) 
Top berm width shall be a minimum of six feet.
(b) 
Side slopes shall be four horizontal to one vertical or flatter for basins that will be dedicated to the Township.
[Amended by Ord. No. 2019-05, 8/1/2019]
(c) 
Side slopes shall be three horizontal to one vertical or flatter for basins that will be privately owned and maintained.
[Added by Ord. No. 2019-05,[4] 8/1/2019]
[4]
Editor's Note: This ordinance also redesignated former Subsection 4C(2)(c) through (e) as Subsection 4C(2)(d) through (f), respectively.
(d) 
Any pond that can possibly impound water to a depth in excess of 48 inches, measured from the basin bottom to the emergency spillway, shall be enclosed with a four-foot-high durable chain link fence or approved equivalent that includes a ten-foot-wide gate with locking device and vehicle access to the floor of the pond. A temporary four-foot-high construction fence is required upon excavation of the basin and shall not be removed until a permanent fence is constructed.
[Amended by Ord. No. 2019-05, 8/1/2019]
(e) 
All ponds shall be screened from view with a dense low-maintenance year-round vegetative screen that will reach a height of four feet within two years. (Reference "Township Standards.")
[Amended by Ord. No. 2019-05, 8/1/2019]
(f) 
All ponds (including spray irrigation ponds), except for those incorporating an infiltration function, shall incorporate an impervious liner, with either a clay liner having a percolation rate less than 10-6 cm/sec, or a synthetic liner and as approved by the Township Engineer. If clay, permeability shall be field verified by test results. A minimum of six inches of topsoil shall be proposed over the clay.
[Amended by Ord. No. 2019-05, 8/1/2019; and by Ord. No. 2021-14, 12/2/2021]
(g) 
All stormwater detention basin outlet structures shall be constructed of concrete, with the bottom sumped a minimum of 30 inches below basin bottom grade to prevent heaving and floating.
[Added by Ord. No. 2019-05, 8/1/2019]
(h) 
The bottom of the stormwater detention basin, except for those incorporating an infiltration function, shall slope to the outlet structure at a grade not less than 1%.
[Added by Ord. No. 2019-05, 8/1/2019]
(i) 
All stormwater detention basin outlet structures shall be fitted with an angled debris collector/trash rack with a four-inch center-to-center bar spacing. (Detail provided in Township Infrastructure Construction Standards of the chapter.)[5]
[Added by Ord. No. 2019-05, 8/1/2019]
[5]
Editor's Note: See Part 10, Appendices.
(j) 
All underground stormwater basins shall be constructed with inspection ports (no less than twelve-inch diameter) and a cleanout hatch (no less than twenty-four-inch diameter).
[Amended by Ord. No. 2021-14, 12/2/2021]
(k) 
All basins constructed with pump facilities shall meet the following criteria:
[Added by Ord. No. 2019-05, 8/1/2019; amended by Ord. No. 2021-14, 12/2/2021]
1) 
All pumping systems shall be housed in a separate chamber outside of the basin.
2) 
An emergency generator hookup shall be provided.
3) 
The pumping system shall, in the event of the failure of the pump or generator, provide an alarm which shall send a signal to a monitoring service which shall immediately authorize and effect a service call. The name, address, telephone number and contact person of the then current monitoring service and the then current service company shall be provided to the Township and labeled on the plans.
(3) 
The developer shall verify that the operation of the detention facilities will not aggravate potential downstream peaking conditions.
(4) 
Emergency overflow facilities shall be provided for detention facilities to handle runoff in excess of design flows with preference given to low-maintenance (grass or concrete) spillways. If concrete, the spillway shall be a concrete weir constructed of concrete curb, eight inches in thickness, full depth, designed to handle runoff in excess of the 100-year storm. (Detail provided in Township Infrastructure Construction Standards of the chapter.[6])
[Amended by Ord. No. 2019-05, 8/1/2019; and by Ord. No. 2021-14, 12/2/2021]
[6]
Editor's Note: See Part 10, Appendices.
(5) 
If the lands of the proposed land development will remain in common ownership, the developer shall provide an annotation on the record plan imposing a covenant running with the land. The covenant shall require perpetual maintenance of the detention pond by (at the option of the Township) either a homeowners' association or by the owner of the development. The covenant shall include provisions for enforcement of maintenance responsibilities by the Township in a form acceptable to the Township Solicitor.
(6) 
If the lands of the proposed land development will be conveyed to two or more separate owners, the developer shall (at the option of the Township) provide one of the following:
(a) 
Provide an annotation on the record plan imposing a covenant running with the land requiring perpetual maintenance of the detention pond by either a homeowners' association or by the lot owners, such covenant being enforceable by the Township in a manner acceptable to the Township Solicitor.
(b) 
Dedicate the land on which the detention ponds are located to the Township, which shall then be responsible for maintaining the detention ponds. Should the maintenance of the pond be the Township's responsibility, a fund for perpetual maintenance shall be provided by the developer as calculated by the detention pond maintenance fee contained in Appendix III.[7]
[7]
Editor's Note: See now Appendix II, included as an attachment to this chapter.
5. 
Fixed Pipe Collection System.
[Added by Ord. No. 2019-05, 8/1/2019]
A. 
Where fixed pipe collection facilities are included as part of the storm drainage system, the following provisions will apply:
(1) 
Flanking inlets shall be required when inlets are placed at a low point on a vertical curve; a minimum of one flanking inlet on each side of the inlet at the sag point. The flanking inlets should be placed to limit ponding in the flatter slope approaches to the sag inlet and to act in relief of the sag inlet should it become clogged.
(2) 
All storm pipes shall be designed to provide a minimum ground cover according to manufacturer standards.
(3) 
When pipe sizes change in a junction, the crown of the pipe shall match. If the pipe size does not change, a minimum drop of 0.10 foot through the junction shall be provided for storm sewers to be dedicated to the Township.
[Amended by Ord. No. 2021-14, 12/2/2021]
(4) 
Inlet capacity calculations shall be provided for all inlets involved in a stormwater drainage system. Where additional inlets on grade are required to control inlet bypass flows, there should be a minimum of eight feet (one pipe length) of separation between the inlets.
(5) 
All storm sewer pipes shall be designed so as to have a minimum pipe slope of 0.5%.
(6) 
The following construction practices and materials shall be prohibited: use of bubbler inlets.
(7) 
Materials used for the fixed pipe collection system shall meet and be installed per Township standards.
(8) 
Inlets shall be located outside of driveway aprons, curb cuts and ADA ramps.
[Ord. 01-11, 6/21/2001, § 708]
1. 
Electric Utility Easement Lines. In accordance with a Pennsylvania Public Utility Commission order of July 8, 1970, all electric utility distribution lines shall be installed underground in subdivisions or land developments of five or more dwelling units. In addition, the following design standards shall be observed:
A. 
Whenever practicable, telephone and cable television utilities shall also be installed underground.
B. 
Whenever practicable, trenches through utility easements shall be occupied jointly by electric, gas, water, sewage and communications utilities.
C. 
All utility lines servicing commercial and industrial developments shall be installed underground.
D. 
Any utility work within existing road rights-of-way requires a street opening permit from the Township. Boring under existing paved roadways is required. Additional conduit sleeves for future utility lines within roadways to be constructed is encouraged. (Reference Part 10.)
[Amended by Ord. No. 2019-05, 8/1/2019]
E. 
A plan depicting the underground location of utilities is required prior to construction.
2. 
Utility Easements.
A. 
Utility easements shall be provided for wire, conduits, sanitary sewers, gas and water mains, storm sewer pipes and swales and/or other utility lines intended to service the abutting lots. No structures shall be placed within such easements, except structures associated with the utilities. Such easements shall be reserved for specific utilities and for any future needs for the Township, or any other public utility to extend utilities to adjoining properties.
[Amended by Ord. 2011-4, 7/7/2011; and by Ord. No. 2019-05, 8/1/2019]
B. 
Utility easements shall be located either:
(1) 
Abutting the street right-of-way; a minimum easement width of 15 feet is required.
(2) 
Along rear or side lot lines; a minimum easement width of 20 feet, 10 feet on each side of the lot line, shall be provided. Where the lot line coincides with the subdivision or land development boundary, a minimum easement width of 10 feet is required.
C. 
Stormwater facilities constructed outside of the public right-of-way shall be maintained by the developer in the case of industrial, commercial and apartment developments and residential developments having a homeowners' association.
[Added by Ord. 2011-4, 7/7/2011; amended by Ord. No. 2019-05, 8/1/2019; and by Ord. No. 2021-14, 12/2/2021]
D. 
Along state highways, stormwater facilities, including but not limited to pipes and/or ponds, shall be constructed outside of the state right-of-way. These facilities shall be maintained by the landowner in the case of industrial, commercial and, apartment developments and residential developments having a homeowners' association. Easements shall be provided for access of equipment to and from a public road. The width of such easement will be portioned to the installed facilities.
[Added by Ord. 2011-4, 7/7/2011]
E. 
Stormwater management easements should be provided by the property owner for access for inspections and maintenance or for preservation of stormwater conveyance, infiltration, detention areas, and other BMPs (Best Management Practices) that would provide municipal ingress to and egress from a public right-of-way for maintenance if the owner fails to do so. The Township would have the right but not the responsibility to maintain and would have the right to view the property to recover maintenance costs. The purpose of this easement should be specified in a Stormwater Facilities Operation and Maintenance Agreement. A blanket easement can be provided to allow Township access to these facilities if required, and can be incorporated into the Stormwater Facilities Operation and Maintenance Agreement. Otherwise stormwater easements shall be shown and shall be geometrically defined with metes and bounds and submitted for review prior to final plan approval.
[Added by Ord. No. 2019-05, 8/1/2019; amended by Ord. No. 2021-14, 12/2/2021]
3. 
Petroleum Transmission Lines.
A. 
No company intending to install any petroleum, petroleum products or natural gas transmission lines shall be allowed to construct the line on less than a fifty-foot right-of-way, such line to be installed in the center of the right-of-way, and shall comply with the applicable standards imposed by state and federal laws and regulations.
B. 
There shall be a minimum distance of 25 feet between any proposed dwelling unit and any petroleum, petroleum products or natural gas transmission right-of-way line which traverses the subdivision, but in no event less than 50 feet from any petroleum or natural gas transmission line.
4. 
Within industrial or office parks, water lines shall be installed outside of the road right-of-way, and a separate utility easement shall be provided.
[Amended by Ord. 2011-4, 7/7/2011]
5. 
Easement Maintenance. All surface and subsurface easements required by this Chapter or shown on the record plan shall be kept clear of any and all structures and obstructions, including but not limited to buildings, fences, trees (excluding street trees), shrubs, driveways and berms. Grades, once established on the approved plan, shall not be altered without approval by the Board of Supervisors. Maintenance shall be by the landowner in accordance with a maintenance schedule outlining the required maintenance. This shall be noted on the plan and included in the covenants to be recorded with the plan. A maintenance agreement satisfactory to the Board of Supervisors shall be established prior to the final plan approval as described in other sections of this Chapter.
[Amended by Ord. No. 2021-14, 12/2/2021]
[Ord. 01-11, 6/21/2001, § 709]
1. 
Erosion and Sediment Control/Post-Construction Stormwater Management.
[Amended by Ord. No. 2019-05, 8/1/2019]
A. 
General Standards.
(1) 
No changes shall be made in the contour of the land; no grading, excavating, removal or destruction of the topsoil, trees or other vegetative cover of the land shall be commenced within a proposed subdivision or land development tract until such time that a plan for sedimentation control and minimizing erosion has been reviewed and found satisfactory by the Lehigh County Conservation District and reviewed and approved by the Township or there has been a determination by the Township, upon recommendation by the Lehigh County Conservation District, that such plans are not necessary.
(2) 
Measures used to control erosion and reduce sedimentation shall meet the standards and specifications of the Lehigh County Conservation District as set forth in the County Erosion and Sediment Control Handbook. The Lehigh County Conservation District will review plans, issue permits and inspect construction sites and transmit reports to the Township. Approvals and compliance are required prior to receiving grading and building permits.
(3) 
As part of the Township's ongoing cooperation with DEP for the MS4 stormwater requirements, all BMP facilities installed per the approved PCSM plans shall be documented. The applicant's engineers shall fill out a BMP inventory sheet for each proposed BMP (Reference Part 10).
(4) 
The owner of any land on which permanent BMPs will be placed, constructed or implemented, shall record the operations and maintenance plan (PCSM Plan), and the Stormwater Facilities Operation and Maintenance Agreement and stormwater management easements required. Stormwater and BMP facilities constructed outside of the public right-of-way shall be maintained by the lot owner.
[Amended by Ord. No. 2021-14, 12/2/2021]
B. 
Performance Principles.
(1) 
The following measures are effective in minimizing erosion and sedimentation and shall be included where applicable in the control plan:
(a) 
Stripping of vegetation and grading shall be kept to a minimum.
(b) 
Development plans shall preserve significant natural feature, keep cut and fill operations to a minimum, and ensure conformity with topography so as to create the least erosion potential and adequately handle the volume and velocity of surface water runoff.
(c) 
Whenever feasible, natural vegetation shall be retained, protected and supplemented.
(d) 
The disturbed area and the duration of exposure shall be kept to a practical minimum.
(e) 
Disturbed soils shall be stabilized by permanent vegetation and/or by mechanical erosion control and drainage measures as soon as practicable in the development process.
(f) 
Temporary vegetation and/or mulching shall be used to protect exposed critical areas during development.
(g) 
Provisions shall be made to effectively accommodate the increased runoff caused by soil and surface conditions during and after development. Where necessary, the rate of surface water runoff will be mechanically retarded.
(h) 
Sediment in the runoff water shall be trapped until the disturbed area is stabilized by the use of debris basins, sediment basin, silt traps, or similar measures.
(i) 
Permanent water quality designs as per "best management practices" are recommended.
C. 
Grading for Drainage.
(1) 
In order to provide more suitable sites for building and other uses, improve surface drainage and control erosion, the following requirement shall be met:
(a) 
All lots, tracts or parcels within a proposed subdivision or land development shall provide proper drainage away from buildings and dispose of surface water without ponding, except where an alternative drainage system exists. Drainage patterns shall be preserved wherever possible.
(b) 
Importing and/or exporting fill from the site shall be in compliance with the clean fill policies promulgated by the Pennsylvania Department of Environmental Protect in accordance with PADEP Document No. 258-2182.
(c) 
Cut and fill slopes steeper than three horizontal to one vertical (3:1) shall be subject to the following requirements:
[Amended by Ord. No. 2021-14, 12/2/2021]
1) 
Be stabilized by a retaining wall or cribbing.
2) 
Cut or fill slopes which are to be vegetated should not be steeper than 2:1. If a slope is to be situated within a lawn area and will be mowed, it should be 3:1 or flatter.
3) 
Cut or fill slopes which are greater than 2:1 shall be supported by competent material as recommended by a geotechnical engineer or geologist and approved by the Township Engineer.
4) 
Terraces or diversions should be provided whenever the height of the cut or fill exceeds 20 feet. The "benches" should divide the slope face as equally as possible.
(d) 
Retaining wall and gravity wall designs sealed by a professional engineer shall be submitted to the Township for review and approval prior to or as part of the issuance of a building permit. A note stating the same shall be added to the record plan.
(e) 
Adequate provisions shall be made to prevent surface water from damaging the cut face of excavations or the sloping surfaces of fills.
(f) 
Cut and fills shall not endanger adjoining property.
(g) 
Fill shall be placed and compacted so as to minimize sliding or erosion of the soil.
(h) 
Fills shall comply with the requirements of "Flood-Prone Area Regulations of Upper Macungie Township," and any amendments thereto.
(i) 
Fills placed adjacent to natural watercourses or constructed channels shall have suitable protection against erosion during periods of flooding.
(j) 
Grading will not be done in such a way as to divert water onto the property of other landowners without the written consent of the landowners.
(k) 
During grading operations, necessary measures for dust control will be exercised.
(l) 
No equipment shall alter or damage the bed and banks of any stream, unless approved by the Department of Environmental Protection.
(m) 
Equipment shall cross streams only at approved crossings utilizing culverts or bridges.
(n) 
Topsoil shall be removed from the areas of construction and stored separately; it should be utilized on the site where practical. Topsoil shall not be buried without notifying the Township.
(o) 
Swales located within yard areas shall have a minimum slope of 2%. Upon review by the Township Engineer, underdrains may be required where grades are less than 2%.
(p) 
Roadside swales shall have a minimum slope of 1%. Upon review by the Township Engineer, underdrains may be required where grades are less than 1%.
[Added by Ord. No. 2021-14, 12/2/2021]
D. 
Stream Frontage Maintenance.
(1) 
An easement for maintenance purposes, a minimum of 20 feet in width but in all cases of sufficient width to allow proper maintenance, shall be provided along all stream banks including intermittent streams having a tributary area exceeding 100 acres.
2. 
Natural Feature Preservation. The design and development of subdivisions and land developments shall be in harmony with the natural features of the site and shall respect the development limitations of the natural features. Subdivisions and land development design shall be integrated with the natural terrain of the site, wooded areas, large trees, natural watercourses, wetlands, rock outcroppings and scenic views.
A. 
Areas with Development Limitations.
(1) 
Subdivisions and land developments shall minimize the disturbance of steeply sloping areas, that is areas with slopes in excess of 15%. Development shall be directed to the less sloping portions of the site to the greatest degree possible. The subdivision/land development shall comply with the steep slope requirements of the Zoning Ordinance (Chapter 27).
(2) 
Subdivisions and land developments shall conform to the requirements of Chapter 8, Floodplain Regulations, the Upper Macungie Township Code.
[Amended by Ord. No. 2019-05, 8/1/2019]
(3) 
The filling or development of wetlands and areas of hydric soils shall conform to the hydric soil regulations of the Zoning Ordinance (Chapter 27) and shall not proceed until relevant U.S. Army Corps of Engineers and Pennsylvania Department of Environmental Protection permits have been granted.
(4) 
Any area meeting the definition of woodland shall be preserved by the requirements contained in the Woodlands Preservation/Tree Conservation Requirements of Subsection 3 of this Section.
(5) 
Subdivisions, land development and grading involving karst areas shall meet the requirements of Subsection 4C of this Chapter regarding karst areas.
3. 
Woodlands Preservation/Tree Conservation Requirements.
A. 
Residential Subdivisions. A total of 70% of the overall woodland shall be retained. The preserved woodlands shall be comprised of 50% protected as a woodlands preservation area and 20% as a tree conservation area, set forth as follows.
(1) 
Residential plans shall be processed according to the following procedure:
(a) 
Prior to preliminary plan submission, woodland areas shall be identified on a plan submitted for review by the Township. This plan shall identify the location of the woodland canopy and the general size, density and variety of trees over six inches in diameter measured four feet from the ground surface.
[Amended by Ord. No. 2019-05, 8/1/2019; and by Ord. No. 2021-14, 12/2/2021]
(b) 
Sketch plan submission is encouraged prior to preparation of a preliminary plan. Although sketch plan submission are not required or approved, this process is recommended to conserve time and costs.
(c) 
Woodland preservation shall be applied when designing road and lot layout. Conservation design development (Chapter 27, Part 9) is an option available to preserve woodland areas whereby the density and credits for woodlands as open space provide for full development of the property.
[Amended by Ord. No. 2019-05, 8/1/2019]
(d) 
Woodland preservation areas shall continue to be preserved in order to comply with the woodlands definition. These areas shall be designated on the record plan by note requiring the recording of a declaration of covenants whereby the woodlands shall be preserved in perpetuity.
(e) 
Trees to be removed and preserved within the tree conservation areas shall be shown on a permit plan either at the time of building permit application or when future improvements are proposed.
(2) 
Woodland Preservation Guidelines. The following shall represent design guidelines for preserving 70% of woodland:
(a) 
Within each lot, the tree conservation area shall allow a building area measuring at a minimum 40 feet by 70 feet outside of the front, side and rear yard setbacks as well as the areas where trees will be preserved by declaration of covenant. This will ensure sufficient area is provided to construct a house, garage, accessory buildings, porches and decks.
(b) 
Permit plans for building within tree conservation areas, in addition to current Township building plan requirements, shall accurately identify the existing grades and topographic features on the lot, including the specific size and species of the trees. The plan shall show the proposed locations of the house foundation, garage, driveway walks, decks, fences, retaining walls and proposed grades. The plan shall also show the location and methods for tree preservation. The Township shall approve this plan prior to issuance of a building permit. Preparation of the building permit plan shall follow the guidelines of the "Guide to Preserving Trees in Development Projects," Penn State College of Agricultural Sciences. This publication may be found in Part 10, Appendices, of this chapter.
[Amended by Ord. No. 2019-05, 8/1/2019]
(c) 
Trees and woodlands to be preserved shall be protected during construction by placing construction or silt fencing along the tree canopy dripline prior to the start of construction. The location of the fencing shall be reviewed by the Director of Community Development or Township-designated agent. The fencing shall remain undisturbed until final construction and restoration of the area in order to prevent construction equipment from damaging the root systems. Trees to be removed shall be felled in a manner that does not cause damage to trees to be preserved. The applicant shall demonstrate that the construction of infrastructure can be accomplished without damaging tree roots whereby the life of the preserved trees could be affected. (Reference "Guide to Preserving Trees in Development Projects," Penn State College of Agricultural Sciences. This publication is on file at the Upper Macungie Township Municipal Building.)
(3) 
Ord. Tree Preservation Credits. Preservation of two or more trees per lot having a caliper exceeding six inches, located between the right-of-way line and the front building setback may be credited in compliance with the street tree requirements of Subsection 5C of § 22-710 of this Chapter. When adjoining lots within a wooded area do not contain existing trees in the front setback area, additional trees of two-and-one-half-inch caliper, measured six inches above the base, of the same variety as within the existing woodlands shall be planted in such lots. Those plantings shall be arranged in a pattern designed by a registered landscape architect in a quantity equal to the requirements of § 22-710 of this Chapter.[1]
[1]
Editor's Note: Former Subsection 3A(4), Recreation fee credits, which immediately followed this subsection, was repealed 8/1/2019 by Ord. No. 2019-05.
B. 
Land Developments. The development of a tract of land for nonresidential purposes or the development of residential apartments, condominiums and mobile/manufactured home parks shall preserve a minimum of 50% of the woodlands located within the property. The following guidelines shall be utilized in achieving the preservation of such woodlands.
(1) 
Land development plans shall be processed according to the following procedure:
(a) 
Prior to preliminary plan submission, woodland areas shall be identified on a land development plan submitted for review by the Township Director of Community Development or the Township's designated agent.
(b) 
Sketch plan submission is encouraged prior to preparation of a preliminary plan. Although sketch plan submissions are not required or approved, this process is recommended to conserve time and costs.
(c) 
Trees and woodlands to be preserved shall be protected during construction by placing construction or silt fencing along the tree canopy dripline prior to the start of construction. The location of the fencing shall be reviewed by the Director of Community Development or Township-designated agent. The fencing shall remain undisturbed until final construction and restoration of the area in order to prevent construction equipment from damaging the root systems. Trees to be removed shall be felled in a manner that does not cause damage to trees to be preserved. The applicant shall demonstrate that the construction of infrastructure can be accomplished without damaging tree roots whereby the life of the preserved trees could be affected. (Reference "Guide to Preserving Trees in Development Projects," Penn State College of Agricultural Sciences. This publication is on file at the Upper Macungie Township Municipal Building.)
(d) 
The preserved tree masses shall meet the definition of woodlands and be designated as a tree preservation area and be protected by a covenant running with the land.
(2) 
Tree Preservation Credits. Trees located within woodland preservation areas may be credited to the number of trees required by § 22-710 of this Chapter as provided for in said Section.
C. 
Waiver Provisions. The Board of Supervisors may consider the relocation of woodlands when requirements of this Chapter result in the reduction of permitted building and impervious cover by 10% or more so long as all other requirements of the Zoning Ordinance (Chapter 27) and this Chapter are met. The following conditions and requirements apply to woodland relocation:
(1) 
In the case of land developments, existing woodlands located between the outbound property lines and the building restriction lines, as regulated by the Upper Macungie Township Zoning Code, shall not be considered for relocation.
(2) 
In the case of residential subdivisions, existing woodlands located within 100 feet of the outbound property lines shall not be considered for relocation.
(3) 
The woodlands areas may be relocated in whole or in part to another part of the subject property or on other property, providing it is dedicated to the Township and providing the relocated woodland is of equal area.
(4) 
Woodland relocation plans shall be designed by a professional forester or landscape architect to result in an area meeting the definition of woodlands projecting a maximum growth period of 10 years. Planted trees shall be hardwoods and of a variety and species native to Pennsylvania.
D. 
Exemptions. Land subdivided for public purposes, either by or in lieu of eminent domain proceedings, shall not be subject to provisions of this Chapter. However, this exemption shall not extend to residual lands procured by such proceedings which are not utilized for public purposes.
4. 
Karst Hazards.
A. 
Purpose. The purpose of this subsection is to recognize the potential for damage to public and private improvements, human injury or death, and the disruption of vital public services which may arise by the potential for sinkholes and/or subsidence within areas of carbonate geology. A further purpose of this subsection is to minimize the potential for such sinkhole and/or subsidence occurrence and to protect the groundwater resources. Should the regulations of this and other applicable regulations conflict, the most stringent regulations shall apply.
B. 
Disclaimer of Liability. Whereas the exact occurrence of sinkholes and/or subsidence is not predictable, the administration of these regulations shall create no liability on behalf of the Township, the Township Engineer, Township employees or Township agencies as to damages which may be associated with the formation of sinkholes or subsidence. That is, compliance with these regulations represents no warranty, finding, guarantee or assurance that a sinkhole and/or subsidence will not occur on an approved property. The municipality, its agencies, consultants and employees assume no liability for any financial or other damages which may result from sinkhole activity.
C. 
Procedures.
(1) 
As part of the preliminary plan requirements for all subdivisions and land developments, the applicant shall engage a licensed professional geologist to perform an analog or digital stereoscopic evaluation and review the existing aerial photos, soils, geological and related data available to him as it may pertain to the subject property and to make a site inspection of the property.
[Amended by Ord. No. 2019-05, 8/1/2019; and by Ord. No. 2021-14, 12/2/2021]
(2) 
A site inspection by the applicant's geologist, to field-verify the results of the stereoscopic evaluation and published mapped features, using all available data and with such assistance as is needed, shall determine the presence or absence of karst surface features of the site, and locate the same if present on a site plan at a scale no smaller than one inch equals 100 feet. In particular, the following features shall be located, if present, on the site:
[Amended by Ord. No. 2019-05, 8/1/2019; and by Ord. No. 2021-14, 12/2/2021]
(a) 
Closed depressions.
(b) 
Open sinkholes.
(c) 
Seasonal high-water table indicators.
(d) 
Unplowed areas in plowed fields.
(e) 
Bedrock outcrops.
(f) 
Springs.
(g) 
Ghost lakes.
(h) 
Limonite excavations and quarries.
(3) 
The applicant must provide the Township with a map at a scale of one inch equals 100 feet that shows the karst features listed in Subsection 4C(2) above.
(4) 
Based upon the site inspection, the applicant's geologist shall determine if geotechnical testing should be done by the applicant to ensure compliance with the performance standards set forth in Subsection 4D below. Testing methodology shall be reasonable under the circumstances, including the scale of the proposed development and the hazards revealed by examination of available data and site inspection.
[Amended by Ord. No. 2019-05, 8/1/2019]
(5) 
The applicant shall cause the additional testing, if any, to be effected and shall submit test results to the Township Engineer.
(6) 
The Township Engineer shall report to the Planning Commission, with a copy to the applicant, his opinion concerning the adequacy of the report submitted, based upon the scale of the development and the hazards revealed by the report, and shall make recommendations to the Planning Commission based upon the report submitted concerning site development, including stormwater management, the layout of utility lines and building location. The Township Engineer may require the applicant to perform such additional testing as may be appropriate.
D. 
Performance Standards.
(1) 
All applicants for subdivisions or land developments shall comply with the requirements of this Chapter regarding karst hazards.
(2) 
No stormwater detention facility shall be placed within 100 feet of the features listed in Subsection 4C(2) above, unless a detailed geotechnical solution to the subsidence, pollution and safety problems of the karst feature has been presented by a professional geologist.
[Amended by Ord. No. 2019-05, 8/1/2019]
(3) 
No stormwater swale with design flows in excess of 10 cubic feet per second for the ten-year flood may be constructed within 100 feet of the features listed in Subsection 4C(2) unless a detailed geotechnical solution to the subsidence, pollution and safety problems of the karst feature has been presented by a professional geologist.
[Amended by Ord. No. 2019-05, 8/1/2019]
(4) 
No stormwater pipe shall be constructed within 100 feet of the features listed in Subsection 4C(2) unless it is concrete pipe utilizing O-ring joints within roadway areas or HDPE with watertight gasket joints within lawn areas.
(5) 
No principal or accessory building, no structure and no impervious surface shall be located closer than 100 feet from the edge of the features listed in Subsection 4C(2) unless a detailed geotechnical solution to the subsidence, pollution and safety problems of the karst feature has been presented by a professional geologist.
[Amended by Ord. No. 2019-05, 8/1/2019]
(6) 
No septic system or tile field, no swimming pool, no solid waste disposal area, transfer area or facility, no oil, gasoline, salt or chemical storage area and no blasting or well hydraulic fracturing for quarrying or well enhancement activities shall occur within 100 feet of the features listed in Subsection 4C(2) unless a detailed geotechnical solution to the subsidence, pollution and safety problems of the karst feature has been presented by a professional geologist.
[Amended by Ord. No. 2019-05, 8/1/2019]
(7) 
Soil conservation plans filed with the Lehigh County Conservation District shall detail safeguards to protect identified karst features.
(8) 
All utility lines located in a karst hazard area shall be so constructed as to not permit the flow of water along the utility line trench, with impervious dikes placed at thirty-foot intervals.
[Amended by Ord. No. 2019-05, 8/1/2019]
(9) 
When a proposed utility line is located in an identified karst hazard area, the applicant shall demonstrate to the Township that the appropriate utility authority has been notified of this fact and that the applicant will comply with the authority's recommendations concerning provisions to prevent the flow of water along the utility line trench.
[Ord. 01-11, 6/21/2001, § 710]
1. 
The intent of this Section is to serve the following purposes:
A. 
Preserve ecologically important and environmentally sensitive natural features, especially large trees and densely wooded areas.
B. 
Protect and preserve the character of the area.
C. 
Protect and enhance property values.
D. 
Reduce thermal pollution of surface waters from impervious areas.
E. 
Provide buffers between different land uses.
F. 
Compensate for the environmental impact that accompanies development of the land.
2. 
This Section applies to any use which is required by § 27-116 of the Township Zoning Ordinance (Chapter 27) to submit a site plan for review by the Planning Commission and the Board of Supervisors and comply with the improvement standards of the Township Subdivision and Land Development Ordinance (Chapter 22) and to any subdivision and land development under this chapter.
[Amended by Ord. No. 2019-05, 8/1/2019]
3. 
A landscape plan shall be submitted to the Township at the same time that any preliminary and final plan submission is made to the Township as required in §§ 22-401 and 22-501 of this Chapter.
4. 
Landscape plans shall include the following:
A. 
Drawn at minimum scale where one inch equals 50 feet, depicting proposed location and area of each proposed lot, buildings, streets, drives, buffer yards and paving. Typical proposed individual lot landscape plans may be used for residential subdivisions.
B. 
The plan shall list the number of trees and shrubs required by reference to each section of this landscape Chapter and the number of trees proposed. This tabulation shall appear on the landscape plan. The site data shall contain the length of roadway, the area of proposed pave and the width in feet of all required buffer yards. Number of trees and shrubs per acre proposed for the site for each requirement category (per acre, pave area and shade trees, street trees, buffer yards and buffer strips). (See example contained in Part 10 of this Chapter.[1])
[1]
Editor's Note: Part 10 consists of the appendixes included at the end of this Chapter.
C. 
The plan shall, by legend, depict the location of all proposed trees and shrubs and list the scientific name and the common name.
D. 
The plan shall list by type and size all isolated trees greater then six inches in diameter measured at four feet from the surface, show all woodland areas and list the predominate types of trees within the woodland areas, as defined in the woodlands preservation regulations.
E. 
Required clear sight triangles, and utility easements where trees should not be planted.
F. 
Typical spacing of the proposed plantings.
G. 
For commercial, industrial, single-family attached or multifamily uses or a use or uses on a lot larger than 30 acres, a registered landscape architect shall prepare the landscape plan and place his seal thereon.
[Amended by Ord. No. 2019-05, 8/1/2019]
H. 
Proposed ground cover specifications shall be provided for grass, plantings or mulch.
I. 
A minimum of four inches of topsoil shall be utilized on the site for lawn and planting areas.
[Amended by Ord. No. 2019-05, 8/1/2019]
5. 
Planting Requirements. The landscape plan shall provide the number of trees based on the following standards to be used as a guide to the number of trees required:
A. 
Each acre of lot area shall provide the following number of trees (measured in accordance with the American Standard for Nursery Stock):
[Amended by Ord. No. 2019-05, 8/1/2019]
(1) 
Twelve deciduous or conifer trees for each acre, a minimum 2 1/2 inches in diameter for deciduous, six-foot-tall conifers;
(2) 
Four trees per acre, a minimum of four inches in diameter for deciduous or eight-foot-tall conifers;
(3) 
Three trees per acre, if over five inches in diameter or ten-foot-tall conifer; or
(4) 
Any combination of sizes, provided that the ratio is equal to the total of 12 per acre as listed above in Subsection 5A(1), and five shrubs 2 1/2 feet in height can be substituted for each two-and-one-half-inch-caliper tree up to 20% of the total tree requirement. Requirements can also be met by preserving existing trees under the provisions of Subsection 3 of § 22-709.
B. 
In addition to the lot area landscaping requirements, paved area landscaping shall provide one tree for each area of pave to be placed around the perimeter of the paved area, along internal driveways and access drives. Within paved areas having more than 20,000 square feet, shade trees shall be planted within landscaped isles equal to 5% of the total paved area at a maximum interval of 20 consecutive parking spaces.
[Amended by Ord. No. 2019-05, 8/1/2019]
(1) 
Each three-thousand-square-foot area, one shade or ornamental tree of two-and-one-half-inch caliper for deciduous, or six-foot-tall conifer.
(2) 
For each nine-thousand-square-foot area, one shade or ornamental tree of minimum four-inch caliper for deciduous, or eight-foot-tall conifer.
(3) 
For each twelve-thousand-square-foot area, one shade or ornamental tree of minimum six-inch caliper for deciduous, or ten-foot conifer.
(4) 
Any combination of sizes, provided that the ratio is equal to the total of one per 3,000 square feet of paved area as listed above in Subsection 5B(1), and five shrubs 2 1/2 feet in height can be substituted for each two-and-one-half-inch caliper tree up to 20% of the total tree requirement. Requirements can also be met by preserving existing trees under the provisions of woodlands preservation Subsection 3 of § 22-709.
C. 
Street trees of the following species shall be planted where no existing trees are retained along existing or proposed street rights-of-way at intervals not more than 60 feet apart on each side of the street. The trees shall be balled and burlapped, measure two-and-one-half-inch caliper at a height of six inches above grade and be formed for street tree use having a single trunk to seven feet with the lower five feet clear of branches, meeting the minimum specifications of the American Standard for Nursery Stock. Street trees shall be retained or planted in the following locations for the following three situations:
(1) 
In developments containing curb and sidewalks, trees shall be planted two feet outside the street right-of-way and in particular but not with limitation be one of the following approved trees selected for the columnar shape, tolerance to growth in confined conditions, and deep root structure:
[Amended by Ord. No. 2019-05, 8/1/2019]
(a) 
Armstrong maple, columnar.
(b) 
Callery pear — Pyrus calleryana, Chanticleer pear.
(c) 
Oriental cherry — Prunus serrulata "Amanogawa."
(d) 
Amur maple — Acer ginnala, Summer splendor.
(e) 
Acer rubrum — Red maple, columnar.
(f) 
Acer capestre — Evelyn.
(g) 
All seasons hackberry — Celtis laevigata.
(h) 
Ginko biloba — Maidenhair tree.
(i) 
Zelkova serrata — Japanese zelkova.
(2) 
In developments without curb with roadside swales, trees shall be planted two feet outside the street right-of-way and in particular but not with limitation be one of the following approved trees selected for shade and size for areas allowing taller and wider trees:
[Amended by Ord. No. 2019-05, 8/1/2019]
(a) 
Plantanus x acerifolia — Londen plane.
(b) 
Zelkova serrata — Zelkova.
(c) 
Quercus palustris — Pin oak.
(d) 
Gleditsia tracanthos — Thornless honey locust.
(3) 
Within industrial developments, street trees listed in Subsection 5C(2) above can be used. In addition, earthen berms (applied only to new streets) modulating in height up to four feet shall be planted in intervals with ornamental trees and shrubs in particular but not with limitation to several of the following arranged in planting to provide a screen beneath the street trees which are credited to the landscape requirements for land development:
(a) 
Malus snowdrift — Snowdrift crabapple.
(b) 
Malus prairifire — Prairifire crabapple.
(c) 
Vibernum plicantum.
(d) 
Vibernum x praganese — Prague viburnum.
(e) 
Euoynmus alatus compactus — Dwarf winged euoynmus.
(f) 
Eastern redbud.
(g) 
Dogwood.
(h) 
Magnolia.
(4) 
All planting strips within street rights-of-way shall be finished, graded, properly prepared and seeded or sodded with lawn grass in conformance with good nursery practice.
(5) 
In residential developments within the declaration of covenants and the notice to property owners the location of the trees shall be specified. The developer will be responsible for planting the trees and notifying the property owners. To avoid conflict with property owners' final landscape plans, the trees shall be planted within the first year of house occupancy.
[Amended by Ord. No. 2019-05, 8/1/2019]
(6) 
Where street trees cannot be planted due to the presence of utility easements or other accepted reasons, the number of street trees that are unable to be provided along the right-of-way at the required intervals shall be provided elsewhere within the site.
[Added by Ord. No. 2019-05, 8/1/2019]
D. 
Buffer Yards. Requirements for buffer yards and evergreen screening are listed in the Township Zoning Ordinance (Chapter 27). The required landscaping in this Part shall be in addition to the landscaping required within buffer yards.
E. 
Buffer strips shall be provided to screen truck parking, loading areas, outdoor storage, refuse containers or similar activities from view from any surrounding street or abutting residential district.
(1) 
Buffer strips shall include a dense screen planting of trees, shrubs or other plant material to serve as a barrier to visibility and shall consist of at least 50% evergreen plant material.
(2) 
Plant materials selected for buffer strips shall achieve a size greater than the height of the activity to be screened within five years.
F. 
Riparian buffer requirements shall meet the standards as set forth in Pa. Code Chapter 102, § 102.14.
[Added by Ord. No. 2019-05, 8/1/2019]
6. 
Enforcement and Maintenance. All landscaping materials required by this Part shall be installed in accordance with the approved landscape plan.
A. 
Trees which die or become diseased or pest-ridden within 12 months of the time of planting shall be replaced by the developer. The developer shall enter into a maintenance agreement with the Township to ensure proper care of the trees.
B. 
Trees within the street right-of-way, and all other required plantings, shall not be removed without a permit from the Zoning Officer, except for trees removed by the Township or the state and for trees approved to be removed under this Chapter.
[Ord. 01-11, 6/21/2011, § 711; as amended by Ord. 2011-4, 7/7/2011]
1. 
Statement of Findings and Intent.
A. 
Residential, commercial, office and industrial subdivisions and land developments create significant demands for parkland featuring active recreational areas and facilities.
B. 
The Township has certain goals and objectives, which are listed in the Comprehensive Plan, the Park and Recreation Plan, the Zoning Ordinance [Chapter 27] and this Chapter.
C. 
To meet the demands for active recreation 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 parkland or the payment of fees in lieu thereof.
D. 
To meet the demands for passive recreation and open space and to achieve the aforesaid goals, the county and Township employ the use of certain incentives to entice private landowners, developers and subdividers to preserve and establish these spaces, including but not limited to the Conservation Design Ordinance, Woodlands Preservation, Act 319 of 1974, as amended (72 P.S. § 5490.1 et seq.), and Act 515 of 1966, as amended (16 P.S. § 11941 et seq.), and its Agriculture Security Area Ordinance No. 3-98, as amended.
[Amended by Ord. No. 2019-05, 8/1/2019]
2. 
The parkland and active recreational needs of subdivisions and land developments shall be met as follows:
A. 
In reviewing subdivision and land development plans, the Township Planning Commission and Township Supervisors shall consider what lands or community facilities are necessary to serve the needs of the additional demand on active recreation as a result of the proposed subdivision and/or land development.
B. 
Subdividers, developers and Township Planning Commissioners shall give consideration to providing facilities or reserving areas for facilities normally required in residential neighborhoods, including public buildings, parks, playgrounds and play fields. Areas provided or reserved for such community facilities shall be adequate to provide for building sites, landscaping and off-street parking, as appropriate to the use proposed, and shall be suitably prepared for this end use at the expense of the subdivider. Prior to the preparation of plans, subdividers of large tracts should review with the Township Planning Commission the minimum standards for various community facilities applicable to the tract being subdivided.
C. 
In proposed subdivisions and land developments which are intended to provide housing, or in the case of nonresidential development where more than five persons can be employed on site, the Township Supervisors shall require the applicant to dedicate parkland to provide for active recreation needs of the residents and employees from the development.
D. 
The Township would have the option to either accept parkland, as established above, or accept payment of a recreation fee in lieu of the parkland dedication in any development where a proposed subdivision or land development is intended. This fee in lieu of dedication must be used in accordance with Subsection 7C of this Section.
E. 
The applicant shall use the amount of land as required under the minimum parkland area for dedication set forth hereinafter, which shall be set aside in proposed subdivisions and land developments. The Board of Supervisors may modify this requirement, but only after receiving and reviewing a written request by the applicant to deviate from the parkland dedication requirements by proposing greater improvements on a smaller tract of land or the payment of the fee in lieu of dedication and improvements. The plan for deviation shall be reviewed and receive a recommendation from the Township Planning Commission prior to action by the Board of Supervisors.
3. 
Parkland Dedication.
A. 
Requirement and Dedication. Every applicant for subdivision or land development approval shall dedicate to the Township not less than the minimum parkland area for dedication specified hereinafter, unless the applicant and the Township agree that such parkland may be privately reserved or dedicated to another public entity or the applicant and the Township agree that the applicant shall pay fees in lieu thereof and such fees are paid, as specified hereinafter.
(1) 
Minimum Parkland Area for Dedication for Residential Development. The minimum parkland area for residential development shall be 7,800 square feet of parkland for each approved dwelling unit.
[Amended by Ord. No. 2019-05, 8/1/2019]
(2) 
Minimum parkland Area for Dedication for Commercial, Office and Industrial Development.
(a) 
For every nonresidential development where more than five persons can be employed on site, there shall be a base minimum parkland area requirement of 7,800 square feet of parkland.
[Amended by Ord. No. 2019-05, 8/1/2019]
(b) 
In addition to the base minimum parkland area requirement, the Township shall require additional minimum parkland area wherein the additional required square footage of parkland to be dedicated shall be calculated and arrived at by using the gross floor area of the proposed building as follows:
1) 
Ten percent of the first 100,000 square feet of gross floor area; and
2) 
Five percent of each additional square foot of gross floor area in excess of 100,000 square feet.
B. 
Dedication Process.
(1) 
The dedication shall be made to the Township prior to recordation of the approved subdivision or land development plan. The following shall be required to effect delivery of any lands to be dedicated.
(a) 
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.
(b) 
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 licensed to practice law in the Commonwealth of Pennsylvania, which shall be subject to the review and approval of the Township Solicitor.
(c) 
A Phase 1 environmental site assessment (per ASTM Standard E-1527-13) to demonstrate that the land is environmentally suitable for its intended purposes, which shall be subject to the review and approval of the Township Engineer.
[Amended by Ord. No. 2019-05, 8/1/2019]
(2) 
The parkland shall be conveyed free and clear of all liens, encumbrances and easements (excepting existing easements or restrictions of record which do not make the land unsuitable for its intended use, and provided they do not render the title unmarketable).
4. 
Parkland Requirements.
A. 
The applicant shall clearly state, in writing, what improvements, if any, it intends to make in connection with the development such that the parkland will be suitable for its intended purpose, such as grading, landscaping or development of recreation structures or playing fields. All dedicated parkland shall be free of construction and other debris at the time of dedication.
B. 
Parkland shall initially be offered for dedication to the Township. The Board of Supervisors may authorize the applicant to offer the parkland to another public entity, so long as it is preserved in perpetuity.
C. 
In the case of apartments or other types of residential rental development, the Township may permit ownership of parkland to be retained by the real owner.
D. 
In the event that the Township authorizes the private reservation of parkland for common use of lot or condominium owners, the applicant shall provide to the Township documentation establishing:
(1) 
That an association of such owners to own and maintain such space has been lawfully created.
(2) 
That a formal agreement or declaration has been created and properly recorded providing for the perpetual maintenance and the method of management of such space.
(3) 
Such agreement or declaration shall provide that all owners within the subdivision or land development are required to contribute financially to such maintenance. Privately reserved parkland shall be protected by permanent deed restrictions and/or conservation easements acceptable to the Board of Supervisors to permanently prohibit the construction of buildings, except buildings for preapproved types of noncommercial recreation or that are needed to support maintenance of the parkland. All such documentation is subject to the review of the Township Solicitor and acceptance by the Board of Supervisors.
(4) 
Said parkland cannot be sold or transferred without the written approval of the Board of Supervisors. If said land is abandoned, ownership shall revert to the Township, which shall obtain fee-simple title at no cost.
E. 
Required parkland shall be contiguous, except as may be specifically exempted by the Board of Supervisors.
F. 
Required parkland shall have adequate access for maintenance and for pedestrians, bicyclists, and emergency and service vehicles.
G. 
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.
H. 
Prohibited Lands. No area shall be used to meet the minimum parkland area requirements of this Section if such area is:
(1) 
Within 25 feet of any building.
(2) 
Within 25 feet of a parking area of more than six parking spaces (other than parking areas specifically developed to serve the parkland).
(3) 
Within 50 feet on each side of the center of overhead electrical transmission lines of over 35 kilowatts of capacity.
(4) 
Within stormwater detention basins.
(5) 
Within stormwater retention basins unless the dedicated area includes not less than five acres of parkland, exclusive of the area of such basin, and the Board of Supervisors finds that such basin has exceptional active recreational value by providing fishing, boating and/or other active recreation activities.
(6) 
Within the 100-year floodplain, as defined by official floodplain maps of the Township.
[Added by Ord. No. 2019-05, 8/1/2019]
(7) 
Slope is greater than 6% over all distances of no more than three feet.
[Added by Ord. No. 2019-05, 8/1/2019]
I. 
Coordination with Future or Adjacent Development.
(1) 
In a phased plan, the dedication of parkland shall be made as a part of the first phase of development.
(2) 
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.
(3) 
The Board of Supervisors may require that parkland 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 a parkland dedication on the edge of an adjacent property when that adjacent property is subdivided or developed.
J. 
Areas intended for active recreation shall be well-drained, shall have a slope of no greater than 4% over all distances of not more than three feet, and not require that a wetland be filled in order to be used as intended.
[Added by Ord. No. 2019-05, 8/1/2019]
5. 
Fees in Lieu of Parkland Dedication.
A. 
If acceptable to the Board of Supervisors, the Township will accept fees in lieu of the dedication of parkland, as provided below:
(1) 
For residential development, $3,500 for each approved dwelling unit.
(2) 
For Commercial, Office and Industrial Development.
(a) 
For every nonresidential development where more than five persons can be employed on site, there shall be a base fee of $3,500.
(b) 
In addition to the base fee, the Township shall require additional fees, which shall be calculated and arrived at by using the gross floor area of the proposed building as follows:
1) 
Twenty cents for each square foot of the first 100,000 square feet of gross floor area; and
[Amended by Ord. No. 2019-05, 8/1/2019]
2) 
Ten cents for each additional square foot of gross floor area in excess of 100,000 square feet but less than 500,000 square feet; and
3) 
Five cents for each additional square foot of gross floor area in excess of 500,000 square feet; and
(c) 
The fee for additions to existing buildings shall be computed by calculating the fee for the entire building (including the addition) and thereafter subtracting from this amount any amount of the fee attributed to the original size of the building.
B. 
The foregoing fees above may be revised by subsequent resolution and/or official fee schedule of the Board of Supervisors.
6. 
Decision on Dedication of Parkland versus Payment of Fees in Lieu of Dedication. The Board of Supervisors shall determine whether a dedication of parkland or the payment of fees in lieu thereof is preferable. If the Board of Supervisors 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 parkland shall be required. The Board of Supervisors should, at a minimum, consider the following factors in making such determination:
A. 
Whether the location of the parkland abuts or can be connected to other parkland which is currently or potentially publicly owned.
B. 
Whether the dedication of parkland in that location would serve a valid public purpose, such as providing a buffer between different types of land uses.
C. 
Whether the proposed parkland is accessible to pedestrians, bicyclists and emergency and service vehicles.
D. 
Whether the area in the general vicinity of the development has existing, adequate parkland.
E. 
Any recommendations that may be received from the Planning Commission, the Township Engineer, the Recreation Committee or other Township staff.
F. 
Relevant provisions of the Comprehensive Park, Recreation and Open Space Plan and/or Comprehensive Plan.
7. 
Limitations on Use of Fees.
A. 
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.
B. 
At the time of final subdivision or land development approval, the Township shall designate the location of existing parkland and/or facilities or the approximate location of intended parkland and/or facilities where the fees are intended to be utilized. Such parkland 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 Supervisors determines clearly is intended to serve all inhabitants of the Township.
(1) 
The Board of Supervisors may, by resolution, modify the locations where fees are to be expended, if conditions change or opportunities more appropriate arise.
(2) 
In the event that the Board of Supervisors does not designate specific parkland and/or facilities for the use of fees, then such fees shall be deemed as designated for use at any Township-owned parkland or recreational facility.
[Amended by Ord. No. 2019-05, 8/1/2019; and by Ord. No. 2021-14, 12/2/2021]
C. 
Use of Funds. All fees paid under this Section shall be used only for the following:
(1) 
Acquisition of parkland (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 parkland.
(5) 
Closely related professional engineering work, such as design and preparation of construction specifications and/or bid documents. Such fees shall not be used for maintenance of existing facilities, provision of recreation programs or other administrative costs.
(6) 
Maintenance of park facilities.
[Added by Ord. No. 2019-05, 8/1/2019]
8. 
Timing of Payment of Fees.
[Amended by Ord. No. 2021-14, 12/2/2021]
A. 
The fee shall be paid prior to the recording of a final approved plan.[1]
[1]
Editor's Note: Former Subsection 9, Fee Modification Process, which immediately followed this subsection, was repealed by Ord. No. 2021-14, 12/2/2021.
[Added by Ord. No. 2021-14, 12/2/2021]
1. 
Fire apparatus access roads shall meet the below requirements:
A. 
The Director of the Bureau of Fire is authorized to require more than one fire apparatus access road based on the potential for impairment of a single road by vehicle congestion, condition of terrain, climatic conditions or other factors that could limit access. IFC 503.1.2.
B. 
Fire apparatus access roads shall have an unobstructed vertical clearance of not less than 13 feet six inches. IFC 503.2.1.
C. 
Fire apparatus access roads shall be designed and maintained to support the imposed loads of fire apparatus and shall be surfaced so as to provide all weather driving capabilities. IFC 503.2.3.
D. 
The required turning radius of a fire apparatus access road shall be determined by the Director of the Bureau of Fire. A fire truck turning movement plan shall be provided showing the path of the aerial fire truck around the buildings and showing the path of the standard fire truck around parking lot aisles. IFC 503.2.4.
E. 
Dead-end fire apparatus access roads in excess of 150 feet in length shall be provided with an approved area for turning around fire apparatus. IFC 503.2.5.
F. 
Approved signs or other approved notices or markings that include the words "NO PARKING-FIRE LANE" shall be provided for fire apparatus access roads to identify such roads or prohibit the obstruction thereof. Such signs, notices, or markings shall be maintained in a clean and legible condition at all times and be replaced or repaired when necessary to provide adequate visibility. IFC 503.3.
G. 
Fire apparatus access roads shall not be obstructed in any manner, including the parking of vehicles. IFC 503.4.
H. 
When required by Director of the Bureau of Fire, gates and barricades shall be secured in an approved manner. IFC 503.5.1.
I. 
The installation of security gates across a fire apparatus access road shall be approved by the Director of the Bureau of Fire. Where security gates are installed, they shall have an approved means of emergency operation. The security gates and the emergency operation shall be maintained operational at all times. IFC 503.6.
J. 
A note shall be provided on the record plan indicating the type of fire suppression being provided for the facility.
2. 
Key Boxes.
A. 
Where access to or within a structure or an area is restricted because of secured openings or where immediate access is necessary for lifesaving or firefighting purposes, the Director of the Bureau of Fire is authorized to require a key box to be installed in an approved location. The key box shall be of an approved type and shall contain keys to gain necessary access as required. IFC 506.1.
B. 
An approved lock shall be installed on gates or similar barriers. IFC 506.1.1.
C. 
The operator of the building shall immediately notify the fire code official and provide the new key when a lock is changed or rekeyed. The key for such lock shall be secured in the key box. IFC 506.2.
3. 
Fire Department Connections.
A. 
With respect to hydrants, driveways, buildings, and landscaping, Fire Department connections shall be so located that fire apparatus and hose connected to supply the system will not obstruct access to the buildings for other fire apparatus. The location of Fire Department connections shall be approved by the Director of the Bureau of Fire. IFC 912.2.
B. 
Fire Department connections shall be located on the street side of buildings, fully visible and recognizable from the street or nearest point of Fire Department vehicle access or as otherwise approved by the Director of the Bureau of Fire. IFC 912.2.1.
C. 
Wherever the Fire Department connection is not visible to approaching fire apparatus, the Fire Department connection shall be indicated by an approved sign mounted on the street front or the side of the building. IFC 912.2.2.
D. 
Immediate access to Fire Department connections shall be maintained at all times and without obstruction by fences, bushes, trees, walls, or any other fixed or movable object. IFC 912.4.
E. 
A working space of not less than 36 inches in width, 36 inches in depth and 78 inches in height shall be provided and maintained in front of and to the sides of wall-mounted Fire Department connections and around the circumference of freestanding Fire Department connections. IFC 912.4.2.
F. 
Where Fire Department connections are subject to impact by a motor vehicle, vehicle impact protection shall be provided. IFC 912.4.3.