In addition to the standards in this article, all subdivisions and land developments shall be designed in accord, and comply, with the applicable requirements of Chapter 400, Zoning.
A.
Application. The standards and requirements contained in this article
shall apply to all subdivisions and land developments and are intended
as the minimum for the preservation of the environment and promotion
of the public health, safety, and general welfare; and, then shall
be applied as such by the Planning Commission and Board of Supervisors
in reviewing and evaluating plans for all proposed subdivisions and/or
land developments. Compliance with all standards shall be documented
by the applicant at the time of initial application.
(1)
Planning. The development shall conform to the proposals and conditions
shown in the Coolbaugh Township, Borough of Mount Pocono, Tobyhanna
Township, and Tunkhannock Township Regional Comprehensive Plan and
any local or regional plans adopted by the Township. The streets,
drainage, rights-of-way, school sites, public parks and playgrounds
shown on the officially adopted plan or the Township Official Map
shall be considered in the approval of all plans. In the case of major
subdivisions and land developments, the applicant shall submit a narrative
detailing how the development conforms to any applicable plan.
(2)
Effect of Official Map. All proposed streets and intersections, water
and sewer lines, stormwater facilities and other improvements shall
conform to the Coolbaugh Township Official Map in terms of layout,
existing and required rights-of-way, and coordination with reservations
identified on the Official Map for street widenings and improvements.
All improvements shall, to the greatest extent possible, be designed
to avoid encroachment on areas subject to the Official Map. In cases
where only a portion of a tract is being developed or dead-end streets
are proposed, the Township may require future streets to be shown
to ensure connection to abutting tracts or existing streets.
(3)
Improvements, specifications. Additional improvements, or improvements
of more stringent specifications, may be required in specific cases
where, in the opinion of the Board of Supervisors, such specifications
are necessary to create conditions essential to the health, safety,
and general welfare of the citizens of the Township and/or to protect
the environment of the Township.
(4)
Hazard areas. Those areas which may present such hazards to life,
health, or property as may arise from fire, flood or noise, or are
considered to be uninhabitable for other reasons, shall not be subdivided
for building purposes unless the hazards have been eliminated or the
plans show adequate safeguards against the hazards. Sources for determining
and evaluating potential hazards may include historical records, soil
evaluations, engineering studies, expert opinions, standards used
by licensed insurance companies, and adopted regional, county or local
municipal policies.
(5)
Development design; remnants; neighboring development. All portions
of a tract being subdivided shall be taken up in lots, streets, open
lands, or other proposed uses, so that remnants and landlocked areas
shall not be created. The layout of a subdivision shall also be planned
with consideration for existing nearby developments or neighborhoods
so that they are coordinated in terms of interconnection of open space,
traffic movement, drainage, and other reasonable considerations.
(6)
Natural features. Care shall be taken to preserve natural features
such as agricultural land, woodland and specimen trees, wetlands,
watercourses, views, and historical features, such as buildings and
stone walls, which will maintain the attractiveness and value of the
land. Damming, filling, relocating or otherwise interfering with the
natural flow of surface water along any surface water drainage channel
or natural watercourse shall not be permitted except with the approval
of the Township and, where appropriate, the PA DEP and the United
States Army Corps of Engineers.
(a)
Groundwater resources. This section is intended to ensure that
the Township's limited groundwater resources are protected for purposes
of providing water supplies for its residents and businesses, and
to protect the base flow of surface waters. These regulations shall
be applied in conjunction with those provided for in other sections
of this chapter, dealing with groundwater conservation and replenishment.
The proposed subdivision and land development of any tract shall be
designed to cause the least practicable disturbance to natural infiltration
and percolation of precipitation to the groundwater table, through
careful planning of vegetation and land disturbance activities, the
use of bioretention areas and infiltration trenches, and the placement
of streets, buildings and other impervious surfaces in locations other
than those identified on the existing resources and site analysis
plan as having the greatest permeability where precipitation is most
likely to infiltrate and recharge the groundwater.
(b)
Stream valleys, swales, springs, and other lowland areas. Stream
valleys (which include stream channels and floodplains), swales, springs
and other lowland areas are resources that warrant restrictive land
use controls because of flooding hazards to human life and property,
groundwater recharge functions, importance to water quality, and the
health of aquatic communities and wildlife habitats. Such areas are
generally poorly suited for subsurface sewage disposal systems. Stormwater
management shall be provided in accord with Township stormwater regulations
and the following activities shall be minimized:
[1]
Disturbance to streams and drainage swales.
[2]
Disturbance to year-round wetlands, areas with seasonally high
water tables, and areas of surface water concentration.
[3]
Stream valleys, swales and other lowland areas warrant designation
as conservation open space because of extreme limitations. They may
also require adjoining buffer lands to be included in the conservation
open space, to be determined by an analysis of the protection requirements
of such areas on a case-by-case basis. In certain instances, hydric
soils may be excluded from the conservation open space where it can
be demonstrated that they are suitable for low-density residential
uses and on-lot sewage systems.
(c)
Steep slopes. The purpose of steep slope regulations is to conserve
and protect those areas having steep slopes from inappropriate development
and excessive grading; to prevent potential dangers caused by erosion,
stream siltation, and soil failure; and to promote uses in steep slope
areas that are compatible with the preservation of existing natural
features, including vegetative cover, by restricting grading of steep
slope areas. Steep slope area is defined and established as those
areas having an original, unaltered slope of 25% or greater. The establishment
of slopes shall be made by a topographic survey performed by a registered
surveyor, or other means acceptable to the Township.
(d)
Significant natural areas and features. Natural areas containing
rare or endangered plants and animals, as well as other features of
natural significance exist throughout the Township. Some of these
have been carefully documented (e.g., by the Statewide Natural Diversity
Inventory), whereas for others, only the general locations are known.
Subdivision applicants shall take all reasonable measures to protect
significant natural areas and features either identified by the Township
Map of Potential Conservation Lands or by the applicant's existing
resources and site analysis plan by incorporating them into proposed
conservation open space areas or avoiding their disturbance in areas
proposed for development.
(7)
Historic structures and sites. Plans requiring subdivision and land
development approval shall be designed to protect existing historic
resources. The protection of an existing historic resource shall include
the conservation of the landscape immediately associated with, and
significant to, that resource, to preserve its historic context. Where,
in the opinion of the Commission, a plan will have an impact upon
an historic resource, the developer shall mitigate that impact to
the satisfaction of the Commission by modifying the design, relocating
proposed lot lines, providing landscape buffers, or other approved
means. Township participation, review and approval of the applicant's
interaction with the State Historical and Museum Commission with regard
to the preservation of historic resources, as required for PA DEP
approval of proposed sewage disposal systems, shall be required prior
to preliminary plan approval.
(8)
Boundary lines and reserve strips. Lot lines should follow municipal
and county boundary lines, rather than cross them. Reserve strips
controlling access to lots, public rights-of-way, public lands or
adjacent private lands are prohibited.
(9)
Water frontage and surface drainage. The damming, filling, relocating,
or otherwise interfering with the natural flow of surface water along
any surface water drainage channel or natural watercourse shall not
be permitted except with approval of the Township, and, where required
by state statute, the PA DEP, or other applicable state agencies.
Stormwater management shall be provided in accord with Township stormwater
regulations.
(10)
Community facilities and adopted plan requirements. Where a
proposed park, playground, school, or other public use is shown in
an adopted plan of the Township and is located in whole or in part
in a proposed development, the Board of Supervisors may require the
reservation of such area, provided that such reservation is acceptable
to the developer.
(11)
Walkways. Pedestrian interior walks may be required, where necessary,
to assist circulation or provide access to community facilities (e.g.,
a park or school).
(12)
Storm drainage. Lots and/or parcels shall be laid out and graded
to provide positive drainage away from buildings and to prevent damage
to neighboring lots, tracts, or parcels. Stormwater management shall
be provided in accord with Township stormwater regulations.
B.
Planned improvements. Physical improvements to the property being
subdivided and/or developed shall be provided, constructed and installed
as shown on the approved plan.
C.
Improvements specifications. All improvements installed by the developer
shall be constructed in accordance with the design specifications
and construction standards of the Township and advice of the Township
Engineer.
(1)
Where there are no applicable Township specifications, improvements
shall, if approved by the Board of Supervisors, be constructed in
accordance with specifications furnished by the Township Engineer,
Monroe County Conservation District, Pennsylvania Department of Transportation,
Pennsylvania Department of Environmental Protection, Bureau of Forestry
or such other county, state or federal agency as may be applicable.
(2)
If there are no applicable Township or state specifications, the
Board of Supervisors may authorize that such specifications be prepared
by the Township Engineer or an engineering consultant.
D.
Other ordinances. Whenever other Township ordinances and/or regulations
impose more restrictive standards and requirements than those contained
herein, such other ordinances and/or regulations shall be observed,
otherwise, the standards and requirements of this chapter shall apply.
[Amended 7-5-2023 by Ord. No. 151-2023]
All preliminary plans for all conservation design subdivisions shall include documentation of a four-step design process in determining the layout of proposed conservation open space, house and development sites, streets and lot lines, as described below. (NOTE: Diagrams are for residential illustrative purposes only.) (See Zoning Ordinance § 400-20 for conservation subdivision design development.)
A.
Resource inventory and analysis. The tract's resources shall be delineated on an existing resources and site analysis, as required in § 355-26C.
B.
Four-step design process.
(1)
Step 1: Delineation of conservation open space.
(b)
Proposed conservation open space shall be designated using the existing resources and site analysis plan as a base map and complying with this section and § 355-45, dealing with resource conservation and conservation open space delineation standards. The Township's Map of Potential Conservation Lands shall also be referenced and considered. Primary conservation areas shall be delineated comprising floodplains, wetlands and slopes over 25%.
(c)
In delineating secondary conservation areas, the applicant shall prioritize natural and cultural resources on the tract in terms of their highest to least suitability for inclusion in the proposed conservation open space, in consultation with the Planning Commission and in accord with § 355-45A and B.
(d)
On the basis of those priorities and practical considerations
given to the tract's configuration, its context in relation to resource
areas on adjoining and neighboring properties, and the applicant's
subdivision objectives, secondary conservation areas shall be delineated
in a manner clearly indicating their boundaries as well as the types
of resources included within them.
Step 1, Part 1: Identifying Primary Conservation Areas
|
(e)
Development areas should constitute the remaining lands of the
tract outside of the designated conservation open space areas.
Step 1, Part 2: Identifying Secondary Conservation Areas
|
Step 1, Part 3: Identifying Potential Development Areas
|
Step 2: Locating Potential House Sites
|
Step 3: Designing Infrastructure
|
(2)
Step 2: Location of house/development sites. Potential house/development
sites shall be located, using the proposed conservation open space
as a base map as well as other relevant data on the existing resources
and site analysis plan such as topography and soils. House sites should
generally be located not closer than 100 feet to primary conservation
areas and 50 feet to secondary conservation areas, taking into consideration
the potential negative impacts of residential development on such
areas as well as the potential positive benefits of such locations
to provide attractive views and visual settings for residences.
(3)
Step 3: Designing infrastructure.
(a)
With house/development site locations identified, applicants
shall delineate a street system to provide vehicular access to each
house in a manner conforming to the tract's natural topography and
providing for a safe pattern of circulation and ingress and egress
to and from the tract.
(b)
Streets shall avoid or at least minimize adverse impacts on
the conservation open space areas. To the greatest extent practicable,
wetland crossings and new streets or driveways traversing slopes over
15% shall be avoided.
(c)
Street connections shall generally be encouraged to minimize
the number of new culs-de-sac and to facilitate easy access to and
from homes in different parts of the tract and on adjoining parcels.
(d)
A proposed network of trails shall also be shown for residential
projects, connecting streets with various natural and cultural features
in the conserved conservation open space. Potential trail connections
to adjacent parcels shall also be shown, in areas where a municipal
trail network is envisioned.
(e)
Preferred locations for stormwater and wastewater management
facilities shall be identified using the existing resources/site analysis
plan as a base map. Opportunities to use these facilities as a buffer
between the proposed conservation open space and development areas
are encouraged. The facilities should be located in areas identified
as groundwater recharge areas as indicated on the existing resources/site
analysis plan. The design of the facilities should strive to use the
natural capacity and features of the site to facilitate the management
of stormwater and wastewater.
Step 4: Drawing in the Lot/Development Lines
|
(4)
Step 4: Drawing in the lot/development lines. Upon completion of
the preceding three steps, boundaries are drawn as required to delineate
the boundaries of individual lots or development areas, following
the configuration of house sites and streets in a logical and flexible
manner.
The design of conservation open space proposed in any subdivision or land development plan shall reflect the standards set forth in §§ 355-43 and 355-44. and the resources identified on the Township's Map of Potential Conservation Lands and the development's existing resources and site analysis.
A.
Primary conservation areas. The design shall include the following
primary conservation areas in the conservation open space and strictly
minimize the disturbance of such areas:
B.
Prioritized list of secondary conservation areas. The design shall,
to the fullest extent possible, incorporate the following secondary
conservation areas (listed in higher to lower order of significance):
(1)
Vernal ponds, wet soils, swales, springs, and other lowland areas,
including adjacent buffer areas which may be required to ensure their
protection.
(2)
Significant natural areas of species listed as endangered, threatened,
or of special concern, such as those listed in the Statewide Natural
Diversity Inventory or the Monroe County Natural Areas Inventory.
(3)
Moderately steep slopes (15% to 25%), particularly those adjoining
watercourses and ponds, where disturbance and resulting soil erosion
and sedimentation could be detrimental to water quality.
(4)
Healthy woodlands, particularly those performing important ecological
functions such as soil stabilization and protection of streams, wetlands,
and wildlife habitats.
(5)
Areas where precipitation is most likely to recharge local groundwater
resources because of topographic and soil conditions affording high
rates of infiltration and percolation.
(6)
Hedgerows, groups of trees, large individual trees of botanic significance,
and other vegetational features representing the site's rural past.
(7)
Class I and II agricultural soils as defined by the United States
Department of Agriculture Natural Resource Conservation Service.
(8)
Historic structures and sites.
(9)
Visually prominent topographic features such as knolls, hilltops
and ridges, and scenic viewsheds as seen from public streets (particularly
those with historic features).
(10)
Existing trails connecting the tract to other locations in the
Township.
C.
Other design considerations. The configuration of proposed conservation
open space set aside for common use in residential subdivisions and
conservation open space in non-common ownership shall comply with
the following standards:
(1)
Be free of all structures except historic buildings, stone walls,
and structures related to conservation open space uses. The Supervisors
may grant approval of structures and improvements required for storm
drainage, sewage treatment and water supply within the conservation
open space, provided that such facilities are not detrimental to the
conservation open space (and that the acreage of lands required for
such uses is not credited towards minimum conservation open space
acreage requirements for the tract, unless the land they occupy is
appropriate for passive recreational use).
(2)
Generally not include parcels smaller than three acres, have a length-to-width
ratio of more than four-to-one, or be less than 75 feet in width,
except for such lands specifically designed as neighborhood greens,
playing fields or trail links.
(3)
Be directly accessible to the largest practicable number of lots
within the subdivision. Nonadjoining lots shall be provided with safe
and convenient pedestrian access to conservation open space.
(4)
Be suitable for active recreational uses to the extent deemed necessary
by the Supervisors, without interfering with adjacent dwelling units,
parking, driveways, and streets.
(5)
Be interconnected wherever possible to provide a continuous network
of conservation open space within and adjoining the subdivision.
(6)
Provide buffers to adjoining parks, preserves or other protected
lands.
(7)
Except in those cases where part of the conservation open space is
located within private house lots, provide for pedestrian pathways
for use by the residents of the subdivision. Provisions should be
made for access to the conservation open space, as required for land
management and emergency purposes.
(8)
Be undivided by public or private streets, except where necessary
for proper traffic circulation.
(9)
Be suitably landscaped either by retaining existing natural cover
and wooded areas and/or according to a landscaping plan to protect
conservation open space resources.
(10)
Be made subject to such agreement with the Township and such
conservation easements duly recorded in the office of the Monroe County
Recorder of Deeds as may be required by the Planning Commission for
the purpose of preserving the conservation open space for such uses.
(11)
Be consistent with the Coolbaugh Township, Borough of Mount
Pocono, Tobyhanna Township, and Tunkhannock Township Regional Comprehensive
Plan and any other duly adopted Township plan.
Easements and reservations for easement shall be provided as
necessary to accommodate the proposed development. As a minimum, the
following easements shall be provided, indicated on the plans, and
included in the covenants:
A.
Drainage easements. Easements for drainage purposes shall be granted
to Coolbaugh Township, the property owners association and other appropriate
parties, as follows:
(1)
Drainage easements shall completely contain the proposed stormwater
management controls, including pipes, swales, basins, ponds, other
structures and all other facilities which may require improvement,
maintenance or replacement.
(2)
Drainage easements with a minimum width of 10 feet shall be provided
along all road lines, exterior property lines and centered on all
common lot lines.
(3)
Where a subdivision is traversed by a stream or other watercourse
or a drainageway, a drainage easement shall be provided which conforms
to the high water line or boundary of such stream, watercourse or
drainage way.
B.
Slope easements. Temporary slope easements shall be granted to Coolbaugh
Township. Such easements shall contain the full extent of grading
required for the construction of roads and related improvements.
C.
Utility easements. Utility easements shall be granted to Coolbaugh
Township, the property owners' association, appropriate utility companies
and other appropriate parties, as follows:
D.
Clear sight easements. Easements for the maintenance of clear sight triangles as required by § 355-49N(2) shall be granted to Coolbaugh Township.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
E.
Clear zone easements. Easements for the maintenance and preservation
of the clear zone adjacent to the roadways shall be granted to Coolbaugh
Township.
F.
Other easements. Additional easements for access, construction or
other purposes shall be provided as necessary.
(Note: This section applies only in cases where earth disturbance
is involved as part of a subdivision or land development as defined
by this chapter. A minor subdivision often results in the eventual
construction of a house, but the issuance of a building permit would
not occur until after the subdivision has been approved and recorded.
The construction of one dwelling on one lot is not subject to regulation
by this chapter.)
A.
Protection of vegetation from mechanical injury. Where earthwork,
grading, or construction activities will take place in or adjacent
to woodlands, old fields or other significant vegetation or site features,
the Township may require that the limit of disturbance be delineated
and vegetation protected through installation of temporary fencing
or other approved measures. Such fencing shall be installed prior
to commencing of, and shall be maintained throughout, the period of
construction activity.
B.
Protection of vegetation from grading change. Grade changes to occur
at any location of the property shall not result in an alteration
to soil or drainage conditions which would adversely affect existing
vegetation to be retained following site disturbance, unless adequate
provisions are made to protect such vegetation and its root systems.
C.
Protection of vegetation from excavations. When digging trenches
for utility lines or similar uses, disturbances to the root zones
of all woody vegetation shall be minimized. If trenches must be excavated
in the root zone, all disturbed roots shall be cut as cleanly as possible.
The trench shall be backfilled as quickly as possible.
D.
Protection of topsoil.
(1)
Except as approved on the preliminary plan, no topsoil shall be removed
from the site and shall be retained on the site as necessary for proper
site stabilization.
(2)
Prior to grading operations or excavation, topsoil in the area to
be disturbed shall be removed and stored on site, except as approved
on the preliminary plan.
(3)
Topsoil removed shall be redistributed and stabilized as quickly
as possible following the establishment of required grades for a project
or project phase. All exposed earth surfaces shall be stabilized in
accord with best management practices.
(4)
Grading and earthmoving operations shall be scheduled to minimize
site disturbance during the period from November 1 to April 1, when
revegetation of exposed ground is difficult.
(See Article IX for additional standards applicable to nonresidential uses.)
A.
Access. Except as permitted in the case of a private access street
in a residential subdivision, all lots shall front on a public street
or on an approved private street constructed in accord with this chapter
and be subject to the following design standards:
(1)
Within any subdivision and/or land development, a maximum of 12 lots
or dwelling units shall be served by a single means of access.
(2)
A minimum of two means of access shall be provided for any subdivision
and/or land development, or portion thereof, which contains more than
12 lots or dwelling units.
(3)
When two means of access are required or proposed, the streets or portions of a street which provide such access shall comply with the minimum offset requirements in § 355-49I(3).
(4)
Residential subdivisions shall be provided with sufficient accesses
to limit the maximum anticipated ADT to 1,500 vehicles per day on
any access.
B.
Configuration. The configuration of blocks and lots shall be based on the area and dimensional requirements of Chapter 400, Zoning, topography and natural features, existing and proposed improvements, the adjacent development pattern, the Comprehensive, the Official Map and other plans. Lot configurations should provide for flexibility in building locations, while providing safe vehicular and pedestrian circulation.
C.
Blocks.
(1)
All blocks.
(a)
Blocks shall be of sufficient width to permit two tiers of lots
except where a public street, stream, other natural barrier or unsubdivided
land prevents the platting of two tiers of lots.
(b)
Blocks along connector and arterial streets shall not be less
than 800 feet in length.
(c)
In the design of blocks longer than 1,000 feet, special consideration
shall be given to assuring adequate fire protection, pedestrian access
and utility services.
(2)
Residential blocks.
(a)
Blocks in residential subdivisions shall have a minimum length
of two times the minimum lot width, but not less than 300 feet, and
a maximum length of 10 times the minimum lot width, but not greater
than 1,500 feet for blocks which contain lots with an average area
of less than one acre, nor greater than 2,000 feet in other cases.
(b)
In the design of residential blocks, special consideration should
be given to requirements for safe and convenient vehicular and pedestrian
circulation, including minimization of the number of intersections
with collector and connector streets.
D.
Lot standards. Minimum lot sizes and dimensions shall comply with Chapter 400, Zoning, and lots shall comply with the following:
(1)
All lots.
(a)
In order to avoid jurisdictional problems, lots divided by municipal
boundaries shall be avoided. Where a lot is divided by a municipal
boundary, the minimum standards of both municipalities shall apply.
Where a subdivision is divided by a municipal boundary, the applicant
shall so notify the governing body of each municipality affected so
that an administrative agreement for the platting and taxing of lots
between the municipalities can be executed, if such agreement is necessary.
(b)
Lot lines shall be perpendicular or radial to street right-of-way
lines, unless the Township determines that an exception is warranted
for lot lines which follow existing natural features, improvements
or parcel fines, or to permit an obviously superior configuration.
(c)
Double-frontage lots are prohibited except where provided as
reverse frontage lots to reduce the number of driveway intersections
along a street with a high volume of traffic or where existing topographic
conditions and/or property configuration make the development of single-frontage
lots impractical. Where double-frontage lots are permitted, the following
requirements shall apply:
[1]
The lot depth and the rear yard of each double-frontage lot shall be a minimum of 20 feet in excess of the minimums prescribed by Chapter 400, Zoning.
[2]
A planting strip with a minimum width of 20 feet shall be provided
along the designated rear of the lot, with a suitable landscaped screen
provided by the developer in accordance with landscaping standards
of this chapter.
(d)
Where practical, any lot with an area of less than two acres
shall have a depth to width ratio not exceeding three to one.
(e)
Odd-shaped lots should be avoided, and may be approved solely
at the discretion of the Township.
(f)
Lots shall be laid out to the edge of the required right-of-way
of any proposed street and lot lines along existing public or private
streets shall be maintained as they exist.
(g)
Remnants of land, other than rights-of-way or required buffers,
shall not be created; they shall be incorporated into existing or
proposed lots, properties or rights-of-way.
(2)
Residential lots. Each lot plotted for residential purposes shall
provide, inside the required yards, an area containing 5,000 square
feet for each dwelling unit.
(a)
Such areas shall have an average natural or existing slope of
not greater than 20%.
(b)
Such areas shall be accessible from the street by a driveway
or private access street with a maximum grade of 15%.
(c)
In the case of lots which utilize on-lot subsurface sewage disposal
systems, there shall be sufficient area for a primary and a replacement
sewage absorption area, in addition to the above requirements. Such
areas for sewage absorption must be determined to be suitable by appropriate
testing.
(3)
Nonresidential lots. Each lot shall contain a minimum area within
the required yards equal to the footprint area of the proposed buildings
and parking areas, which shall have an average natural or existing
slope not exceeding 12%.
Unacceptable Lot Layout
|
Acceptable Lot Layout
|
Unacceptable Lot Layout
|
Acceptable Lot Layout
|
Reverse Frontage Lots
|
(4)
Resubdivision potential. Subdivisions which result in lots which
have two or more times the minimum lot area and are otherwise suitable
shall be designed for the potential subdivision of such lots unless
further subdivision is prohibited by deed covenants and restrictions.
A sketch plan may be required to demonstrate that potential future
subdivision will conform to this chapter.
E.
Flag lots. (See also § 355-49H, Private access streets.) Flag lots shall not be created when lots can be designed that directly access a public or private street. The Board of Supervisors, in its sole discretion, may approve the creation of a limited number of flag lots in accord with the standards in this section. The Board of Supervisors may attach any reasonable conditions to the creation of flag lots as it finds necessary or desirable to provide for the orderly development of land and street systems.
(1)
Necessity. The applicant shall show that the flag lot is necessary
to minimize the environmental impacts (e.g., disturbance of conservation
areas); and, that it would not result in a greater number of lots
on the tract than would otherwise be feasible and permitted.
(2)
Further subdivision restriction. The flag lot shall be restricted
from further subdivision unless the required access street right-of-way
width is provided.
(3)
Number in subdivision. Not more than 10% of the lots within a subdivision
may be approved as flag lots.
(4)
Access corridor length. The access corridor (staff) portion of the
lot is the area of the lot that extends between the street and main
portion of the lot, and shall not exceed 450 feet in length, as measured
from the street right-of-way.
(5)
Access corridor length. The access corridor (staff) shall, at a minimum,
be 32 feet in width.
(6)
Driveway grade. The proposed driveway shall not exceed a grade of
12% and shall otherwise provide adequate access for emergency vehicles.
The Township may require the installation of the driveway as part
of final approval.
(7)
Lot width. The lot width measurement shall be made on the main portion
of the lot and shall not include the access corridor (staff).
(8)
Front lot line. The lot line where the narrow access corridor (staff)
widens shall be considered the front lot line for applying setback
requirements.
(9)
Minimum lot area. The area of the access corridor (staff) shall not
be included in the calculation of the required minimum lot area.
(10)
Adjoining flag lots. No more than two flag lots shall be permitted
side by side, and shall not be stacked more than one tier.
Flag Lot
|
A.
General requirements.
(1)
Conformance. All streets, whether public or private, shall be constructed
to conform to the requirements of this chapter.
(2)
Street access. Every subdivision and land development shall have
access to a public street.
(3)
Street system. In general, all streets shall be continuous and in
alignment with existing streets and shall compose a convenient system
to ensure circulation of vehicular and pedestrian traffic, with the
exception that local streets shall be laid out, including the use
of loop streets and culs-de-sac, so that their use by thorough traffic
will be discouraged.
(4)
Improvement. Streets shall be graded, improved and surfaced to the
grades and specifications shown on the plans, profiles, and cross
sections as required by this chapter.
(5)
Adopted/filed plans. Proposed streets shall further conform to such
Township, county and state highway plans as have been prepared, adopted
and/or filed as prescribed by law.
B.
Street hierarchy. Streets shall be classified in a street hierarchy
system with the design based on function and average-day traffic count
(ADT).
(1)
Definition of function. The street hierarchy system and each proposed
street shall be defined by function and ADT, calculated by trip-generation
rates based on the most current Trip Generation Manual of the Institute
of Transportation Engineers, or from such other sources demonstrated
by the applicant to better reflect local conditions.
(2)
Classification and design. Each street shall be classified and designed
for its entire length to meet the standards for one street classification
as set forth herein.
(3)
Traffic. It shall be demonstrated to the satisfaction of the Township
that the projected traffic will not exceed the design ADT for a period
of 10 years from the anticipated date of completion of any road.
C.
Existing access. Existing private streets or private rights-of-way
proposed to provide access to a subdivision and/or land development
shall meet all the requirements of this section or shall otherwise
be improved to such standards.
D.
Street continuation; further subdivision.
(1)
Exterior property lines. Rights-of-way of proposed streets shall
be extended to exterior property lines to ultimately provide access
to adjoining lands and shall be designed in conformance with the design
requirements of a street, and the contiguous parcels must contain
proper setbacks and sight distances.
(2)
Use of the future right-of-way. The area within the future right-of-way
shall be included within the deeds to the abutting lots with a right-of-way
in favor of the Township and the owners of the land into which the
future right-of-way will extend to permit the use of the future right-of-way
for public street purposes should the adjoining lands be developed.
Reserved rights-of-way are permitted only when they will be no longer
than the depth of one lot, and will not be the primary means of access
to any lot or dwelling unit. For lengths longer than one lot, a fully
constructed stub street and temporary cul-de-sac are required.
(3)
Future right-of-way maintenance. The landowners of the lots in which
the future right-of-way is included shall have the duty to maintain
the area included within the future right-of-way and this duty shall
be indicated in a note on the final plan and in all deeds to such
lots. However, the landowners of the lots in which the future right-of-way
is included shall have no obligation concerning the improvement of
such future right-of-way for street purposes.
(4)
Further subdivision. Adequate street rights-of-way to permit further
subdivision shall be provided as necessary if lots resulting from
the original subdivision are large enough to permit resubdivision
or if a portion of the tract is not subdivided.
E.
Existing streets/rights-of-way.
(1)
Required width. Wherever there exists a dedicated or platted portion
of a street or alley along a boundary of the tract being subdivided
or developed the remainder of said street or alley shall be platted
to the width required by this chapter based on the classification
of the street within the proposed development.
(2)
Increased setback. Where a subdivision or land development abuts
or contains an existing public or private street of inadequate right-of-way
width, the building setback shall be shown on the plans measured from
a line which would satisfy the right-of-way requirements for the classification
of the abutting street. Additional setback and easement for right-of-way
shall be provided in the case of land abutting private streets.
(3)
Transition area. The extension of existing streets or alleys which
are presently constructed with a cartway different from current Township
standards shall be provided with a transition area, the design of
which is subject to Township approval.
(4)
Required improvement. When it is determined by the Township that
an existing street requires improvement, said improvement shall be
made as part of the required improvements.
F.
Subdivision names, street names, 911 addresses and signs.
(1)
911 emergency call system. Subdivision and street names shall not
be repeated or be similar to those existing within the Township or
adjacent areas; and, all street names shall be subject to the approval
of the Township for conformance with the enhanced 911 emergency call
system. Streets that are extensions of, or obviously in alignment
with, existing streets shall bear the names of the existing streets.
(2)
Street name signs. Street name signs of a design approved by the
Township shall be installed by the developer at his expense at each
street intersection.
(3)
Address assignment. All lots shall be assigned an address in accord
with the enhanced 911 emergency call system.
(4)
Mailboxes. Common mailboxes shall be installed in accord with U.S.
Postal Service standards in convenient and safe locations at the entrance(s)
to the subdivision.
G.
Cul-de-sac streets. Cul-de-sac streets shall be permitted only in
cases where the property configuration does not permit the logical
use of continuous streets; and, the Township shall have the right
to deny the use of cul-de-sac streets in cases where the Township
determines that the use of continuous streets is practical. Cul-de-sac
streets, where permitted, shall meet the following design regulations:
(1)
Required. Any street terminated at one end shall be provided with
a turnaround and designed as a cul-de-sac street, except for stub
streets provided to connect to adjacent properties when the stub street
does not exceed one lot depth in length and is not necessary for access
to any lot.
(2)
Use. Permanent cul-de-sac streets shall be used only when the development
of a through street is not feasible.
(3)
Future extension. Unless future extension of a cul-de-sac street
is demonstrated to be impractical or undesirable, the turnaround shall
be placed adjacent to the tract boundary line with such configuration
as can be extended at the full required width.
(4)
Turnaround. All cul-de-sac streets, whether permanent or designed
to be extended, shall terminate in a circular turnaround with a minimum
right-of-way radius of 75 feet and a minimum radius of 62.5 feet to
the outside edge of the pavement or curbline.
(5)
Connection to right-of-way. The circular right-of-way of the turnaround
shall be connected to the approach right-of-way by a circular arc
having a radius of not less than 35 feet.
(6)
Radius. The circular paving of the turnaround shall be connected
to the approach by a circular arc having a radius of not less than
50 feet.
(7)
Length/unit limit. In the case of a cul-de-sac street which is designed
to serve solely residential uses, the cul-de-sac street shall not
exceed 800 feet in length and shall not furnish access to more than
12 dwelling units.
(8)
Commercial or industrial uses. In the case of a cul-de-sac street
which is designed to serve commercial or industrial uses, the cul-de-sac
street shall not exceed 800 feet in length, shall not ultimately have
an ADT in excess of 1,500 vehicles per day and shall have a street
cross section which meets the width and construction standards of
a collector street.
(9)
Landscaped island. In the case of a residential cul-de-sac, the turnaround
may be designed and constructed with a landscaped island meeting the
following standards:
(a)
The maximum diameter of the island shall be 69 feet to provide
for a pavement width of 20 feet and shoulder widths of four feet.
(b)
The design and construction of the turnaround shall result in
a low point in the elevation of the island such that stormwater runoff
from the adjacent lane can be drained into the island and plowed snow
from the turnaround can be pushed into the island. The low point of
the island shall be drained by a properly sized catch basin and storm
drain.
(c)
The landscaping shall be subject to the approval of the Township.
H.
Private access streets. Private access streets may be used to provide
access for residential lots to an existing public street. Any subdivision
which incorporates a private access street shall be considered a major
subdivision, and the private access street and any associated stormwater
or other facilities shall be considered improvements which require
completion or a financial guarantee prior to final approval.
(1)
Number of dwelling units; access. A private access street shall be
used only to provide access to two three lots which cannot legally
be further subdivided and cannot be improved with more than one dwelling
unit. All lots in the subdivision which adjoin the private access
street shall use it for access to the adjoining public street.
(2)
Length and width. The private access street shall not exceed 750
feet in length as measured from the edge of the right-of-way of the
abutting street to the point of connection to the lot. The width of
the private access street shall conform to Table 6-1.[1] Any proposed street exceeding the seven-hundred-fifty-foot
length shall comply with all normal standards which apply to street
construction.
[1]
Editor's Note: Table 6-1 is included as an attachment to this chapter.
(3)
Further development. If there is a potential for subdivision or development
of any of the lots created such that eventually more than one lot
and/or dwelling unit might result, the subdivider shall provide additional
right-of-way width as necessary to serve the maximum potential number
of lots/dwelling units. Cartway and travelway widths may remain the
same until such time as additional lots are platted or units proposed,
at which time all development and street standards applicable to a
major subdivision shall apply. In the alternative, the lots may be
restricted from further subdivision by deed restriction and inclusion
of the following note on the plan: "Each lot served by the private
access street shall be restricted from further subdivision and shall
be limited to the development of one dwelling unit."
(4)
Street ownership. The private access street shall not under any circumstances
be offered to the Township as a public street. A covenant such as
follows shall be placed on the final plan and the deed of conveyance
clearly assigning responsibility for the maintenance of the private
access street and turnaround and establishing its future private ownership
status: "The maintenance of the private access street and turnaround
shall be the responsibility of the owner(s) of the lots served by
the street. The private access street shall remain private and shall
not be offered for dedication to the Township as a public street."
(5)
Leveling area. A leveling area not exceeding 4% in grade and not
less than 40 feet in length shall be provided where the private access
street intersects with the right-of-way of the adjoining street.
(7)
Through street grade. A private access street shall not be permitted
to intersect the through street where the tangent grade of the through
street at the point of intersection of the center lines of the two
streets exceeds 8% for the private access street intersection.
(8)
Paving. The private access street shall be paved from the connection
with the adjoining street to 50 feet beyond the adjoining street right-of-way.
The paving material and cross section shall meet or exceed the specifications
for local streets required by this chapter.
I.
Intersections.
(1)
Center lines. Center lines of streets shall intersect at 90° unless a modification is granted for good cause in accord with § 355-78.
(2)
More than two streets. Intersections of more than two streets at
one point are not permitted.
(3)
Minimum offset. Where streets intersect other streets, the minimum
offset or distance between center lines of parallel or approximately
parallel streets intersecting a cross street from the same or opposite
directions shall be as follows:
(a)
Minor, local and private access streets: 200 feet.
(b)
Collector streets: 400 feet.
(c)
Connector streets: 600 feet.
Unacceptable Road Intersection Design
|
Acceptable Road Intersection Design
|
Unacceptable Road Intersection Design
|
Acceptable Road Intersection Design
|
Required Center Line Separation
|
Corner Cutting
|
Cartway Edge Arc
|
(4)
(5)
Township road improvements.
(a)
Where necessary, based on the standards and criteria set forth
in the Pennsylvania Code, Title 67, Chapter 441, Access to and Occupancy
of Highways by Driveways and Local Roads, the Township will require
the developer to improve any Township road which is intersected by
a road, access drive and/or driveway that is part of a subdivision
and/or land development to the extent necessary to accommodate the
anticipated traffic volume generated by the subdivision and/or land
development, based on the engineering report and the Township's analysis.
(b)
Such improvements may include shoulder upgrading, auxiliary
lanes, signs, traffic control devices and/or other improvements which
are determined to be necessary to preserve the safety of motorists
and pedestrians.
(6)
Leveling area. At all street intersections, a leveling area shall
be provided in the street of lesser classification. The design of
the leveling area shall be as follows:
(a)
The maximum grade of the leveling area shall be 4% within 50
feet of the nearest right-of-way line of the intersected street.
(b)
The maximum grade of the through street shall be 8% within any
intersection.
(c)
The maximum change in grade from the cross-slope of the intersected
road to the profile of the intersecting road shall not exceed the
following amounts, unless a vertical curve designed in accordance
with Table 6-1[2] is used:
[2]
Editor's Note: Table 6-1 is included as an attachment to this chapter.
J.
Major street frontage. Where a subdivision and/or land development abuts or contains an existing or proposed collector street or Township or state street, the Township may require reverse frontage lots with access from interior subdivision streets or such other treatment to provide protection for abutting properties, reduction in number of intersections with the collector or arterial street, and separation of local and through traffic. See § 355-48D(1)(c).
K.
Street cross sections.
(1)
Minimum standards. Street right-of-way, travelway and shoulder widths
shall be provided to the minimum standards provided in Table 6-1.[3]
[3]
Editor's Note: Table 6-1 is included as an attachment to this chapter.
(2)
Crown. Street crowns shall be designed and constructed as follows:
(a)
Local, marginal access and private access streets and alleys:
2% per foot.
(b)
Minor, collector and connector streets: 2% on straight sections,
with superelevation provided on curve sections and runoffs in accord
with the latest PennDOT design criteria not to exceed the maximum
established by Table 6-1.[4]
[4]
Editor's Note: Table 6-1 is included as an attachment to this chapter.
(3)
Clear zone. All street cross sections shall be designed and constructed
to provide a clear zone along both sides in accord with PennDOT standards
as set forth in the latest edition of PennDOT Publication 13, Design
Manual, Part 2, Highway Design.
(4)
Side slope. The maximum side slope in cut or fill areas adjacent
to the cartway shall not be steeper than 4:1, in accord with the required
clear zone, and shall be seeded and mulched or otherwise stabilized
in accord with the soil erosion and sediment control plan.
(5)
Cut-and-fill slopes. Fill slopes outside the right-of-way shall not
be steeper than 4:1 and cut slopes shall not be steeper than 3:1,
except for cuts in rock, which shall not be steeper than 4:1.
(6)
Road swales. Road swales within the right-of-way and/or adjacent
to road side slopes shall be of triangular cross-section, with side
slopes not exceeding a steepness of 4:1, with a minimum depth of 18
inches, and shall not violate the clear zone.
(7)
Shoulders. Shoulder surfaces shall be graded at a slope of 3/4 inch
per foot away from the pavement edge.
L.
Geometric standards.
(1)
Horizontal alignment. Horizontal alignment shall be measured along
the street center line, except sight distances, which shall be measured
along the center line of the appropriate lane. The minimum standards
for horizontal alignment shall be as follows:
(a)
Horizontal curves shall be used at all changes in direction
whenever street lines are deflected more than 2° within 100 feet
or more than 0.50° at any point.
(b)
Single, long radius curves shall be used in lieu of a series
of curves of varying radii or a series of short curves and tangent
sections.
(c)
Streets shall be designed with the tangents between reverse
curves as set forth in Table 6-1.[5]
[5]
Editor's Note: Table 6-1 is included as an attachment to this chapter.
(d)
Streets shall be designed so that the unobstructed stopping
sight distance along the center line of each lane shall be a minimum
of that set forth in Table 6-1. Stopping sight distances shall be
measured from a point 3.50 feet above the road surface to a point
0.5 foot above the road surface.
(2)
Vertical alignment. Vertical alignment shall be measured horizontally
along the street center line, except for sight distances, which shall
be horizontal distances measured along the lines of sight. The minimum
standards for vertical alignment shall be as follows:
(a)
The vertical alignment of streets shall be designed and constructed
to meet or exceed the minimum standards set forth in Table 6-1.
(b)
Vertical curves shall be introduced at all changes of grade
exceeding 1% within 100 feet; vertical curve calculations shall be
included on the road profile sheets.
(c)
The maximum grade across the turnaround in a cul-de-sac street
shall not exceed 6%.
(d)
The minimum grade of any roadside swale shall be 1%.
(e)
Combinations of steep slopes and short curve radii shall be
avoided; the sum of the grade in percent and the degree of curve (arc
definition) shall not exceed 20.
M.
Topography and street grades. The arrangement of streets shall be
properly and logically related to the existing topography so as to
yield usable lots, to minimize cuts and fills, to minimize the potential
for stormwater problems and to minimize grading problems at intersections.
Street grades shall be designed as follows:
(1)
Center-line grades shall not exceed the grades set forth in Table
6-1.
(2)
The maximum grade across the turnaround on a cul-de-sac street shall
not exceed 4%.
(3)
To provide for adequate drainage, the minimum grade of any street
gutter or swale shall not be less than 0.50%.
(4)
Where the grade of any street at the approach to an intersection
exceeds 7%, a leveling area shall be provided having grades for 4%
or less for a distance equal to the pavement width of the intersecting
street or 25 feet, whichever is greater, as measured from the nearest
right-of-way line of the intersecting street.
N.
Sight distance at street intersections.
(1)
All intersections.
(a)
Proper, safe stopping sight distance shall be provided with
respect to both horizontal and vertical alignment at all intersections.
(b)
Intersection sight distance shall be measured as illustrated
in the intersection sight distance figure with the driver's eye assumed
to be at a height of 3.50 feet and top of the vehicle which must be
seen at 3.50 feet.
(c)
Safe stopping distances at intersections shall be provided in
accordance with the minimum standards of the Minimum Sight Distance
at Intersections Table.
(2)
Clear sight easement. At all intersections, a clear sight easement
shall be graphically indicated on all plans and shall be established
by restrictive covenant. The clear sight easement shall include the
area, outside the street rights-of-way, bounded by the following two
triangles:
(a)
The triangle formed by the street center lines and the required
intersection sight lines.
(b)
The triangle formed by the street center lines and a diagonal
connecting two points, one on each center line at the following distance
from their point of intersections:
(c)
The clear sight easement shall be cleared, graded and prepared
by the developer and then maintained by the owner of the underlying
property so that sight obstructions between a height of two feet and
10 feet are removed.
Intersection Sight Distance
|
|
Minimum Sight Distances at Intersections
| |||||
|---|---|---|---|---|---|
|
Collector and Connector Streets
(feet)
|
All Other Streets
(feet)
| ||||
|
Posted Speed Limit
(mph)
|
Design Speed
(mph)
|
A and B
|
C
|
D
|
A, B, C, and D
|
|
25
|
30
|
320
|
310
|
450
|
310
|
|
30
|
35
|
400
|
360
|
525
|
360
|
|
35
|
40
|
490
|
420
|
600
|
420
|
|
40
|
45
|
595
|
480
|
675
|
480
|
|
45
|
50
|
705
|
570
|
750
|
570
|
|
50
|
55
|
825
|
660
|
875
|
660
|
O.
Access drives and driveways. All proposed access drives and driveways shall conform to the requirements of Chapter 400, Zoning, of the Code of the Township of Coolbaugh, Chapter 350, Streets and Sidewalks, Article I, Road Opening and Occupancy, Chapter 177, Driveways, and the following requirements:
(1)
Alignment. The Township may require that an access drive and/or driveway
location be directly across from a road, drive, driveway, etc. on
the opposite side of the intersected street if it is determined that
an offset location may create a safety hazard.
(2)
Angle of intersection. Access drives and driveways used for two-way
operation shall intersect the street at an angle of 90° or as
near thereto as site conditions permit. A two-way driveway shall not
intersect the street at an angle less than 75° nor more than 105°.
(3)
Access drives and nonresidential driveways.
(a)
Access drives and driveways shall be designed and constructed
to conform to the requirements for a street of the same function and
ADT, except that an appropriate design speed shall be determined by
the applicant and accepted by the Township for the determination of
sight distances, vertical curve lengths and center-line radii. The
minimum travelway width shall be 24 feet.
(b)
Where one-way traffic is proposed, the minimum lane width shall
be 12 feet. The direction of traffic shall be clearly indicated by
signs and/or markings, based on PennDOT standards.
(c)
Access drives and driveways do not require a specific right-of-way,
unless the access drive is extended to serve other users.
(d)
In the case of shared use of an access drive or driveway, appropriate
access easements shall be created. The easements and responsibility
for maintenance shall be indicated on the final plan and included
in the deeds.
(e)
Except for common or jointly used drives/driveways, no portion
of any access drive and/or nonresidential driveway outside the street
right-of-way shall be closer than 20 feet to a property line. Within
the street right-of-way, no portion of a driveway shall be located
outside the property frontage or the projected property line.
(f)
Driveways, drives and other vehicular accessways for nonresidential
uses shall have a grade not exceeding 8%.
(4)
Residential driveways.
(a)
A residential driveway which is shared by more than two dwelling units shall be considered to be a private access street and shall conform to the requirements set forth in Subsection H.
(b)
Except for common or jointly used driveways, no portion of any
driveway outside the street right-of-way shall be closer than 10 feet
to a property line.
(c)
Within the street right-of-way, no portion of a driveway shall
be located outside the property frontage or the projected property
line.
(d)
The maximum grade of a driveway, outside of the right-of-way,
shall not exceed 15% unless an emergency parking area is provided
for at least two cars. Such parking area shall be located outside
the street right-of-way and be accessible over grades which do not
exceed 10%.
(e)
The maximum grade within the street right-of-way shall not exceed
4% and shall not result in a change in grade of more than 8% from
the shoulder grade.
(f)
All driveways shall be arranged so that it is not necessary
for a vehicle to back into a street.
(g)
The minimum distance between the center line of a driveway and
the nearest intersecting street, road, access drive or nonresidential
driveway shall be as follows:
P.
Bridges and stream crossings. Bridges and other stream crossing structures
which are part of the road system shall be designed and constructed
in accordance with the current Pennsylvania Department of Transportation
Standards and Specifications for the proposed load and to pass the
fifty-year storm or as otherwise required by the stormwater management
plan. Evidence of compliance with any state or federal requirements
shall be provided.
Q.
Clearing and grubbing. The right-of-way for all roads shall be cleared
of vegetation to the full width of the required right-of-way and including
any additional area required for road cartways, shoulders, cuts and
fills, and associated drainage facilities.
(1)
Unsuitable materials. All trees, stumps, roots, and other material
deemed unsuitable by the Township for underlying the road improvements
shall be removed from the grading area and shall be properly disposed
of.
(2)
Voids. Voids created by the removal of stumps or roots shall be backfilled
and compacted to the satisfaction of the Township.
(3)
Rocks. Rocks greater than six inches in diameter shall be removed
to a minimum depth of six inches below the finished subgrade.
(4)
Inspection/approval. All cleared and grubbed areas shall be inspected
and approved by the Township Engineer prior to the subbase installation.
R.
Cuts and fills. All cuts and fills shall be constructed as follows:
(1)
Maximum earth slope. The maximum slope of any earth embankment or
excavation shall not exceed one foot vertical to three feet horizontal
unless stabilized by a retaining wall or cribbing, except as approved
by the Supervisors for special conditions.
(2)
Maximum rock slope. The maximum slope of any rock excavation shall
not exceed four feet vertical to one foot horizontal.
(3)
Compaction. All embankments shall be compacted to prevent erosion.
(4)
Stabilization. Cuts and fills shall be stabilized to prevent surface
water from damaging the cut face of excavations of the sloping surfaces
of fills.
(5)
Lifts. Fills shall be placed in lifts and compacted in accord with
specifications of PennDOT Publication 408, latest edition, to minimize
sliding or erosion of the soil.
(6)
Watercourses or constructed channels. Fills shall not encroach on
natural watercourses or constructed channels; and, fills placed adjacent
to such natural watercourses or constructed channels shall have suitable
protection against erosion during periods of flooding.
(7)
Grading. Grading shall be done in a manner so as not to divert water
onto the property of another landowner without the written consent
of the landowner.
(8)
Dust control. During grading operations, necessary measures for dust
control shall be exercised.
(9)
Water/wetland crossing. Grading equipment shall not be allowed to
cross streams, wetlands or other waters of the commonwealth except
by PA DEP permit; and, adequate provisions shall be made for the installation
of culverts and bridges.
S.
Subgrade, base and surface.
(1)
Subgrade.
(a)
The design and construction of the roadbed shall take into consideration
the supporting capacities of the subgrade, with particular attention
to those soils which are subject to frost heave.
(b)
No forest mat, roots or stones larger than six inches shall
be incorporated into the subgrade.
(c)
The subgrade shall be compacted to not less than 100% of the
determined dry weight (dry mass) density of the material on the site
as determined in accord with PTM No. 106, Method B.
(d)
Subgrade, parallel and cross-drainage facilities shall be provided
when necessary and shall be located, designed and installed to maintain
proper drainage.
(e)
Unsuitable soils and materials, as identified by the project
engineer and confirmed by the Township Engineer, shall be removed
and replaced, drained or otherwise stabilized to provide adequate
support for the roadbed and anticipated loads. If construction of
a roadbed in such locations, and particularly, on soils identified
in the Monroe County Soil Survey as subject to frost heave is proposed,
the Township shall require such drainage facilities and/or underdrains
and subgrade drains as necessary to stabilize the subgrade. The design
of such facilities shall be approved by the Township.
(2)
Subbase and base course. Subbase and base course aggregate material
shall conform in type and be compacted to the depths shown in Table
6-2[6] of this chapter in accordance with the latest specifications
of PennDOT (Form 408) and the requirements of the Township.
[6]
Editor's Note: Table 6-2 is included as an attachment to this chapter.
(3)
Surface course. The bituminous surface course shall conform in type
and be compacted to the depths shown in Table 6-2 of this chapter
in accordance with the latest specifications of the PennDOT (Form
408) and the requirements of the Township.
(4)
Shoulders. Where curbs are not required or provided, shoulders shall
be provided and shall be constructed of the material and compacted
to the width and depth shown in Table 6-2 of this chapter.
(5)
Commercial/industrial areas. Any road serving a commercial or industrial
area shall be designed and constructed to collector road standards.
(6)
Parking lanes. Where curbs are required and/or provided for collector
roads, if a parking lane (between the cartway and the curb) is approved
by the Township, it shall be not less than eight feet wide and shall
be constructed to the same standards as the cartway. Such parking
lane shall be not less than eight feet wide for local roads; and,
it shall be constructed of the same material and to the same depth
as required for shoulders and be stabilized by the application of
bituminous product.
(7)
Alternative designs. Alternative road bed designs may be proposed and shall be considered in accord with § 355-78. The alternate design must provide load capabilities equivalent to or higher than the capabilities of the designs set forth above. Alternate designs shall be reviewed on the basis of design recommendations of the Asphalt Institute.
T.
Walls, slopes, and guide rails.
(1)
Walls, slopes. Where the grade of the road is above or below the
grade of the adjacent land, walls or slopes shall be constructed in
a manner satisfactory to the Township to support the road or the adjacent
land, as the case may be.
(2)
Guide rails. Streets shall be designed to preclude or minimize the
need for guide rail. Guide rails shall be required where the adjoining
embankment has a slope exceeding three feet horizontally to one foot
vertically, and the grade of the road is two feet or more above the
grade of the adjacent land. However, the Township may require guide
rail to be placed for protection on embankments when a barrier is
indicated by the most current PennDOT standards and the required guide
rail shall be installed in accord with most current PennDOT standards.
U.
Curbs, gutters, and swales.
(1)
Curbs required. In nonresidential developments, or higher-density
residential developments, or where other similar intensive uses exist
or are anticipated, curbs shall be required if deemed necessary by
the Supervisors for public safety.
(2)
Intersections radii. Minimum curb or pavement edge radii at road
intersections shall equal that required for the cartway edge.
(3)
Existing curbs. Where curbs exist on abutting properties, their extension
shall ordinarily be required throughout the proposed subdivision.
(4)
Gutters. Where curbs are not required, adequate gutters shall be
graded and protected by seeding or appropriate surfacing.
(5)
Construction. Curbs shall be constructed in accord with the most
current PennDOT RC64M standard for plain concrete curbs and Americans
With Disabilities Act standards.
(6)
Design. If gutters are provided, they shall be in conformance with
good engineering practice and subject to the approval of the Township
Engineer. Gutters and/or drainage swales shall be designed to prohibit
erosive velocities and paving may be required if runoff velocities
exceed 5.0 fps when calculated in accordance with PennDOT Manual,
Part 2. Swales shall be triangular or parabolic in design to facilitate
maintenance and the invert of the swale shall be below the subbase
course to prevent saturation of the roadway. Swales shall be deep
enough to accommodate driveway and other culverts.
(7)
Velocity calculation. Velocity calculation shall be placed on the
center-line profile drawings, or shall be submitted separately.
V.
Sidewalks; crosswalks. Sidewalks and road crosswalks may be required
where necessary to provide proper pedestrian circulation or to provide
access to community facilities and common areas. Sidewalks, where
required or provided, shall be located within the road right-of-way
immediately adjacent to the curbs, except as may be approved by the
Township to accommodate road trees or other landscaping. Sidewalks
and road crosswalks shall be constructed in accord with the most current
PennDOT RC67M standard and Americans With Disabilities Act standards.
W.
Parking on roads. Off-road parking for all uses shall be provided in accord with this chapter; and, roads shall not be designed to accommodate on-road parking except in accord with Subsection S(6).
X.
Driveway and cross drainage. At each point where a road is intersected by a driveway that requires surface drainage water to be carried under the driveway at the intersection, a culvert pipe shall be installed across the width of the driveway to meet the drainage requirements determined in accord with § 355-51 of this chapter. Such cross drains as may be necessary shall also be installed under the road in accord with the drainage plan. Pipes shall be installed at such depth and in such manner as dictated by the site with a minimum 0.5% slope for cross drainage. The minimum size of any drainage pipe shall be 18 inches in diameter unless the design engineer can demonstrate a smaller diameter can safely convey the ten-year storm event for private and local roadways and the twenty-five-year storm event for a collector and connector street. In which case, the developer shall obtain approval from the Board of Supervisors and the Township Engineer prior to the installation of the smaller pipe. (See § 355-51 for additional requirements.)
Y.
Alleys. Alleys shall not be permitted unless approved for multifamily
and conservation design development, where lot sizes are small, in
order to improve the subdivision design and lot layout, reduce the
number of driveways entering roads, and maintain a pedestrian-scaled
community by providing for rear access to lots.
Z.
Traffic signs, signals and pavement markings. Traffic signs, traffic
signals and pavement markings shall be required when considered necessary
by the Supervisors to ensure safe traffic or pedestrian circulation.
All traffic signs traffic signals and pavement markings shall meet
the most current requirements of PennDOT including the Manual for
Uniform Traffic Control Devices. In the case of traffic signals, the
developer, any subsequent owner, or any subsequent property owners'
association or similar entity shall be responsible for the long-term
operation, maintenance, and replacement of the traffic signal and
all associated facilities, signs, and pavement markings.
AA.
Road striping. All roads constructed or improved as part of any subdivision
or land development shall be striped in accord with the most current
PennDOT requirements.
Monuments and markers shall be placed so that the center or
a scored or marked point shall coincide with the intersection of the
lines to be marked and shall be set to an accuracy of 0.03 foot; and
shall be certified by the project surveyor.
A.
Monuments.
(1)
Monuments shall consist of either:
(a)
Solid steel rods a minimum of 0.5 inch in diameter and a minimum
of 24 inches in length, centered in a cylinder of concrete a minimum
of nine inches in diameter and a minimum of 24 inches in depth, poured
in place.
(b)
Steel pipes a minimum of 3/4 inch in diameter and a minimum
of 24 inches in length, centered in a cylinder of concrete a minimum
of nine inches in diameter and a minimum of 24 inches in depth, poured
in place.
(c)
Precast (i.e., manufactured) reinforced concrete monuments measuring
a minimum of four inches by four inches by and a minimum of 24 inches
in length.
(d)
Such other monuments as the Township may approve.
(2)
Monuments, including the rod or pipe and the concrete, shall be placed
flush with the ground.
(3)
Monuments shall not be placed until road grading has been completed.
(4)
Monuments shall be set at all outbound locations where permanent
monuments did not exist at the time of the perimeter survey unless
site conditions preclude the installation and the missing monument
shall be noted on the final plan. Existing monuments shall not be
removed.
B.
Markers.
(1)
Markers shall consist of solid steel rods a minimum of 0.5 inch in
diameter and 20 inches long.
(2)
Such other marker as the Township may approve.
(3)
Markers shall be set two inches above the surrounding grade.
(4)
Markers shall be set at each existing and proposed lot corner. If
it is impossible or impractical to set a survey marker precisely on
the corner, then survey markers may be established on the line of
the lot and offset a distance from the actual corner. Such distance
shall be so noted on the final plan.
(5)
A permanent cap shall be attached to the top of each survey marker
and shall be labeled with the name and license number of the surveyor
responsible for setting the marker.
(6)
A wooden stake or other suitable object shall be placed or found
near each survey marker as a witness with a notation made on it which
identifies the lot by number, letter, or name of landowner.
A.
Purpose.
(1)
(3)
Best management practices. Best management practices integrate existing
planning and regulatory requirements for:
B.
Plan and stormwater management ordinance compliance. A stormwater drainage and management plan shall be required for all major subdivisions and all land developments and all subdivisions and land developments shall comply with Chapter 344, Stormwater Management and Earth Disturbance.
C.
Compliance with state regulations. Stormwater drainage and management
shall comply with all Pennsylvania Department of Environmental Protection,
PennDOT, and other agency rules and regulations.
A.
Standards. All soil erosion and sedimentation control plans shall
meet the specifications of the Monroe County Conservation District
and PA DEP, and shall comply with Commonwealth of Pennsylvania, Title
25, Chapter 102 Department of Environmental Protection regulations
for soil erosion and sedimentation control.
B.
Condition of approval. Preliminary plan approval shall be conditioned
on all required approvals and permits from the Monroe County Conservation
District and/or PA DEP.
C.
Installation. Erosion and sedimentation controls shall be installed
according to the approved plan and shall be maintained by the developer
in proper functioning condition until stabilization of the area is
completed as determined by the Monroe Conservation District. Failure
to install and maintain the controls shall constitute a violation
of this chapter.
A.
Adequate systems. All subdivisions and land developments shall be
served by an adequate water supply and sewage disposal system; and
the developer shall provide evidence documenting said adequacy.
B.
Public Utility Commission. All suppliers of non-municipally owned,
centralized water and/or sewer services shall be organized in such
a fashion as may be required by the Pennsylvania Public Utility Commission,
and the developer shall provide for operation, maintenance and continuity
of services in a manner which is acceptable to the Township.
C.
Three copies of all correspondence, supporting documentation, applications
for permits and certificates for operation submitted to the Pennsylvania
Department of Environmental Protection and/or the Pennsylvania Public
Utilities Commission for the right to provide such services shall
be forwarded to the Township as a part of the public record. One copy
of the permit and/or certificate of convenience issued by the Pennsylvania
Department of Environmental Protection and/or the Pennsylvania Public
Utilities Commission authorizing such services shall be forwarded
upon receipt to the Township as a part of the public record.
D.
Use of existing system. In the case of utilization of a publicly
owned or other existing centralized water supply and/or sewage disposal
system, the developer shall submit at the preliminary stage a letter
from the operator of such utility indicating the utility owner's willingness
to supply service to the development and including a verification
of the adequacy of the utility system to serve the proposed development.
At the final approval stage an executed agreement with the service
supplier shall be submitted.
E.
Compliance with other approvals. All required certificates of convenience,
approvals and permits shall be obtained by the developer and/or the
utility owner as a condition of preliminary approval and shall be
submitted with the final plan application.
F.
Design. All water supply and sewage disposal systems shall be designed
and certified by a Pennsylvania registered professional engineer or
other individual otherwise certified for such design work; and all
systems shall be designed in accord with all applicable federal, state
and local standards.
G.
Pressure testing. Pressure testing of all collection/conveyance of any centralized water supply or centralized sewage disposal system lines shall be required as part of the inspections required in accord with Article V of this chapter. All such testing shall be conducted in accord with the procedures specified by the Township Engineer.
H.
Sewage facilities plan. All sewage disposal systems shall be consistent
with the Township Sewage Facilities Plan.
I.
Well setbacks. All wells shall comply with the setback requirements of the Township in any well ordinance or in Chapter 400, Zoning. Proposed well locations shall be shown on the plan to confirm compliance.
J.
On-lot water supply. All on-lot water supply systems shall comply
with the requirements of Pennsylvania Department of Environmental
Protection and/or applicable Township ordinances. The requirement
for the installation of on-lot wells shall be noted on the development
plan and shall be required by restrictive covenant to be approved
by the Township prior to preliminary plan approval.
K.
Shared water supply.
(1)
Shared water supply systems shall only be permitted to serve two dwelling units or a nonresidential land development and the standards in this Subsection K shall apply. In the case of nonresidential land developments, the Township may, based on the nature and scale of development, apply any or all of the standards contained in Subsection L of this section.
(a)
Well capacity. The capacity of the well shall be certified by
a licensed well driller to be adequate for the use proposed.
(b)
Water distribution system.
[1]
The system design shall follow good engineering practice and
the requirements of the Pennsylvania Department of Environmental Protection.
The distribution system shall be designed and sized to provide the
design flows at a minimum pressure of 25 pounds per square inch at
curb stops.
[2]
Pipe classes shall be consistent with design pressures.
[3]
Before being placed into service, the system must be tested
and disinfected by procedures established by Department of Environmental
Protection.
[4]
Service connections shall be a minimum of 3/4 inch diameter.
(2)
Other standards. All shared water supply systems shall comply with
the requirements of Pennsylvania Department of Environmental Protection
and/or applicable Township ordinances.
L.
Centralized water supply.
(1)
Project supply. If an approved public water supply is not accessible
and water is to be furnished on a project basis, the applicant shall,
upon submission of the subdivision or land development plan, submit
written evidence that he has complied with all Township and state
regulations, and that the proposed system to be installed meets the
requirements of the PA PUC, PA DEP, and any other applicable regulations.
(2)
(Reserved)
(3)
Deep well source.
(a)
Wells shall be sited, drilled and tested under the direct supervisor
of a registered professional engineer, professional geologist and/or
a professional hydrogeologist.
(b)
Wells shall be located away from potential source of pollution
on a reserved area of not less than 2,500 square feet in size.
(c)
The capacity of the well(s), as certified by a professional
engineer, shall be sufficient to produce at least 110 gallons per
capita per day and/or 400 gallons per day for each residential dwelling
unit to be served. Adequate capacity of any well(s) to service industrial
or commercial establishments shall be documented by the applicant
to the satisfaction of the Township and the Township Engineer.
(d)
Wells shall be pump-tested utilizing a controlled step-drawdown
test to establish the specific capacity of each well and to establish
a long-term pumping rate. The well shall be pumped at the above determined
long-term pumping rate for a sufficient period of time for stabilization
to occur and the recovery noted. In no case shall a pumping rate greater
than the recharge rate be allowed.
(e)
Well construction shall be consistent with generally accepted
practice and the guidelines of the Pennsylvania Department of Environmental
Protection.
(f)
Documentation of the effect of the projected areawide drawdown
of the water table may be required by the Township if the anticipated
pumping of groundwater warrants such documentation.
(4)
Water distribution system.
(a)
The system design shall follow good engineering practice and
the requirements of the PA DEP and/or the Public Utilities Commission.
The distribution system shall be designed and sized to provide the
design flows at a minimum pressure of 25 pounds per square inch at
curb stops.
(b)
Pipe classes shall be consistent with design pressures.
(c)
Before being placed into service, the system must be tested
and disinfected by procedures established by Department of Environmental
Protection.
(d)
The proposed utility shall provide for adequate flow of water
for the subdivision supplied, by interconnecting two or more wells
or by providing storage for a minimum of one day's demand.
(e)
Service connections shall be a minimum of 3/4 inch diameter.
(5)
Flow rates. Distribution systems serving commercial or industrial
developments shall provide for a minimum flow rate of at least 2.5
times the projected average daily flow rate or a minimum flow rate
in accordance with the standards of the National Fire Underwriters
Association, whichever is greater.
(6)
Water resources impact study. A water resources impact study shall
be required for all residential developments involving 12 or more
lots and any nonresidential development proposing to withdraw 4,000
or more gallons of water per day over a thirty-day period.
(a)
Purpose. These regulations are to ensure that expansion of production
from existing wells or development of new wells in the Township are
able to provide a reliable, safe, and adequate supply of water to
support the intended use within the capacity of available groundwater
resources, and to estimate any impacts of the additional water withdrawals
on existing nearby wells, underlying aquifers, wetlands and watercourses.
(b)
Pumping test and water quality analysis. All elements of the
pumping test well and water quality analysis shall be completed prior
to submission of the water resource impact study. A well construction
permit is required for the pumping test well(s) and monitoring well(s)
for preparation of the water resource impact study.
(c)
Professional preparation. The water resource impact study shall
be prepared by a professional geologist and/or professional engineer,
licensed in the commonwealth, experienced in the performance of groundwater
investigations for water supply wells.
(d)
Certification. The water resource impact study shall be signed
and sealed by the person(s) preparing the study and shall include
the following information, with respect to the proposed subdivision
and/or land development:
[1]
Calculations. Calculations of the projected water demand, including
both average and peak daily consumption, using the applicable criteria
set forth in the following references:
[a]
The adequacy of each residential water supply shall
be determined based upon a peak water demand considered to be that
specified for sewage system flows as stated in PA DEP Title 25, § 73.31.
[b]
The adequacy of nonresidential water supplies shall
be determined based upon the minimum water requirements published
in Table IV-1.2 of Part IV of the current edition of the PA DEP Public
Water Supply Manual. For nonresidential facilities other than those
found in Table IV-1.2, the adequacy of nonresidential supplies shall
be based upon the flow assumptions published in PA Title 25, Chapter
73, Standards for Sewage Disposal Facilities, Section 73.17(b), or
shall be based on actual water meter or sewage meter flow data for
facilities of similar type and size. The applicant shall substantiate
any meter flow data used to determine the adequacy of nonresidential
supplies by submitting copies of water and/or sewer bills for the
similar facilities.
[c]
Guide for Determination of Required Fire Flow by
the Insurance Services Office (ISO), as amended.
[d]
Standards and Manuals for the American Water Works
Association, as amended.
[e]
In addition to the above, the projected water demand
shall include any additional flow required to comply with National
Fire Protection Association specifications for sprinkler systems.
[2]
Area maps. A topographic and geologic map of the area within
a one-mile radius of the site.
[3]
Regional map information. The following information shall be
provided on a regional topographic map for the area within one-half-mile
radius of all proposed wells. If any existing wells withdrawing over
10,000 gpd are located within one mile of the site, the mapping radius
shall be extended to one mile. Said map shall be up-to-date by using
recent aerial photographs and/or a driving survey.
[a]
The location of all existing and proposed wells;
including the test well(s) and monitoring wells.
[b]
The location of all existing and proposed on-lot
sewage disposal systems as well as all sewage treatment system surface
water discharges.
[c]
The location of facilities storing or handling
residual or hazardous wastes and substances, or petroleum products.
[d]
The location of all perennial and intermittent
watercourses.
[4]
Site plan. A site plan shall be provided, showing existing and
proposed lot lines. The following features shall be presented on an
up-to-date plan for the site and area within 300 feet beyond the site
perimeter.
[a]
Flagged wetland boundaries.
[b]
All springs, seeps and ephemeral pools.
[c]
All watercourses with a statement as to whether
they are perennial or intermittent.
[d]
Existing and proposed wells.
[e]
Existing and proposed septic systems.
[f]
Test well(s) and monitoring wells.
[g]
Topography.
[h]
Piezometer wells, if applicable.
[5]
Pumping test wells. The number of Test wells is dependent upon
the number of proposed dwelling units.
[a]
One pumping test well shall represent spatially,
and by supply, groups of 25 or less dwelling units. Thus, a pumping
test well is required for increments of 25 or less proposed dwelling
units, and shall be located in the approximate center of the cluster
of units and shall be pumped at a rate that must exceed 150% of the
anticipated peak water demands of those units. The test wells may
be located so as to later be used as individual residential wells.
Pumping of the test wells shall occur on separate weeks so as to avoid
interaction.
[b]
For nonresidential developments, the test well
shall be the supply well anticipated for use by the facility. A backup
well is highly recommended and should be tested on a separate week
than the primary well.
[6]
Monitoring wells.
[a]
At least six monitoring wells shall be employed
for each pumping test. Monitoring wells shall be evenly spaced radially
around the test well so as to represent the region. Wells shall be
evenly distanced from the test well so as to experience background
in addition to interaction conditions. At least one well shall be
no more than 500 feet from the test well. If such a well is not available,
a monitoring well can be drilled on the site to serve that purpose.
The monitoring well should be drilled in a location and constructed
in a location, depth and yield so as to later be used as a house well.
Information regarding monitoring well casing depth, total depth and
water producing zones shall be provided in the final report.
[b]
The applicant shall secure written permission from
the property owner for any off-site well to be used for monitoring,
that grants the Township permission for a period not to exceed 18
months after completion of the project, to obtain water level measurements
and samples of the water for laboratory analysis as required to verify
compliance with this chapter.
[c]
Water levels in the monitoring wells shall be made
at sufficient frequency during the test so as to allow for a clear
understanding of the static water level trend throughout the pumping
test. At least one week prior to the pumping of the test well, the
monitoring wells shall be measured on a least four separate days.
During the pumping test, monitoring wells shall be measured at no
less than two-hour intervals during daylight periods. It is highly
recommended that either nighttime measurements be made or automated
water-level-logging devices be employed to improve well-level data
for those wells that are in use. Insufficient or poor quality data
may negate the test results. At least four days of post-well-water-level
measurements shall be recorded over a period of a week.
[d]
Ground elevation adjacent to the well(s) in addition
to the static water level shall be based on USGS vertical datum.
[7]
Testing locations and details. Prior to drilling and/or testing,
the Township Engineer shall be provided with the Pennsylvania State
Plane coordinates for the Monitoring and Test Well locations and a
map of said locations of the test well(s) and monitoring wells. Prior
to drilling and/or testing, the Township Engineer shall be provided
with the anticipated pumping test rate and monitoring frequency program,
which shall be subject to approval by the Township Engineer prior
to the test. Dates of drilling and testing shall be made available
to the Township Engineer so that they may witness field operations
as necessary.
[8]
Geologic log. An accurate geologic log should be maintained
during drilling of the pumping test well(s) and monitoring well(s)
if applicable, to provide a detailed description of the type and thickness
of rocks and overburden encountered. Additionally, the log shall contain
information on the depth of all water-bearing zones encountered and
the yield from each zone. The total yield from the well shall be measured
using a quantitative method. Samples shall be collected every 20 feet
during drilling, or at each change in rock type, whichever occurs
first.
[9]
Pumping tests. Forty-eight-hour pumping test(s) shall be conducted
on the pumping test well(s) at a rate not less than 150% of the combined
projected peak daily water demand for the proposed need for which
the well represents. The test shall include the monitoring of background
water levels in all wells for a period not less than one week prior
to start of pumping and one week after pumping. The pumping test shall
be conducted during a period when there is no measurable precipitation
for at least 48 hours prior to pumping and throughout the test. If
precipitation is encountered during this period, the data shall be
evaluated using an acceptable method to account for the effects of
any recharge upon water levels in the wells, and upon all calculations
at a constant pumping test data. Significant recharge during the test
may cause the results to be considered invalid. The pumping test shall
be followed by a recovery test, with monitoring of water levels in
the test well being conducted until at least 95% recovery of drawdown
is observed in the test well, or until 48 hours after termination
of pumping, whichever is first.
[10]
Pumping rate. The pumping test shall be conducted
at a constant pumping rate that shall not deviate greater than +/-5%
during the test. The rate of flow shall be monitored by a water meter
that tallies total flow volumes as well as reveals pumping rate. The
rate of flow from the meter shall be verified periodically through
the test with manual bucket and stopwatch measurements and such confirmation
measurements recorded and reported.
[11]
Pumping test discharge. The pumping test discharge
shall be directed away from and downslope of the test well so as not
to significantly influence draw down in the test well and monitoring
wells. The means of conveyance and point of discharge shall be approved
by the Township Engineer, and shall be at least 100 feet distant.
[12]
Required data. The report shall include precipitation
data, static water level immediately prior to yield testing, hydrograph
of depth to water surface during test pumping and recovery period
of the test well, graphs of depth to water surface at monitoring wells
during the test pumping period, typed and raw field notes showing
original observations, water levels and flow readings, and the time
readings were taken.
[13]
Water quality. Water quality samples shall be
obtained from the test well at termination of the pumping testing
to demonstrate that drinking water quality conforms to this section.
[a]
All samples shall be collected, transported and
analyzed in accordance with United States EPA and PA DEP protocol
for drinking water. Sample testing shall be performed by a laboratory
certified by the commonwealth to perform drinking water analysis.
Laboratory reports shall contain sufficient quality assurance and
quality control data to explain any analysis and reporting conditions
or deficiencies. Water quality must comply with currently published
United States EPA National Primary and Secondary Drinking Water Standards
and Health Advisories.
[b]
Water quality testing shall include, at a minimum,
the following parameters: total and fecal coliform, nitrate/nitrite,
pH, iron, manganese, sulfate, lead, chloride, hardness, turbidity,
odor, total dissolved solids, surfactants (detergents), volatile organic
compounds - Group 1 (VOC1) + 10 unknowns, MTBE, herbicides - Group
1 (HI) and pesticides - Group 3 (P3). A library search for tentatively
identified compounds (TICs). Additional analysis shall be required
if TICs are discovered. Group 1 (VOC1), etc. refers to PA DEP categories
of contaminants.
[c]
The applicant shall perform a survey to identify
and evaluate potential sources of contamination that may impact water
quality in the proposed well(s), and shall perform additional sampling
and analysis as may be required to assure water quality is satisfactory
for the protection of human health and the environment.
[d]
A well that does not meet the above standards shall
be required to meet them through adequate treatment facilities. Installation
and annual maintenance cost estimates to adequately treat the water
shall be provided in the report.
[e]
The laboratory report shall be include and shall
contain the name, license number and address of the state drinking
water certified laboratory.
[14]
Aquifer capacity. Documentation shall be provided
to support the requirement that the aquifer beneath the site has the
capacity to provide wells of sufficient yield to meet the needs of
the proposed development. For residential dwelling units, minimum
well yield shall be three gallons per minute with sufficient depth
below water table to allow for storage of at least one day of peak
water use within the borehole. Supportive evidence shall consist of
wells drilled on-site, neighboring well information, and data available
for wells within 1/2 mile of the site using the Pennsylvania Groundwater
Information System (PA GWIS).
[15]
Hydrologic budget. A hydrologic budget shall be
calculated, on an annual basis, for the site based upon the drought
recharge capacity of the underlying aquifer and the projected peak
water demand of the proposed well(s). The budget shall use groundwater
recharge values from published references and a drought of at least
one-in-ten-year severity. The recharge area for the budget shall consist
only of the proposed development project, less impervious surface
unless infiltration system considerations are made. If on-site septic
systems are proposed, sand mounds, subsurface and at-grade systems
may allow for contribution of 90% return of water to the aquifer system.
Aquifer contribution from spray, drip and stream discharge shall be
determined on a case-by-case basis. A determination shall be made
on whether or not the potential exists for adverse effects on hydrogeology
of the project vicinity, including adjacent wells, springs, surface
water and wetlands, based upon the results of the hydrologic budget.
[16]
On-lot sewage system effects. A narrative describing
the design of all on-lot sewage disposal systems and their effect
upon groundwater recharge and quality with respect to all proposed
and existing water supplies. A nitrate study shall be performed following
PA DEP mass balance policy guidelines which include average year recharge
from the development site alone less impervious surface, sewer system
design flow rates and a 45 mg/l effluent. Available existing groundwater
quality nitrate data shall be obtained from test well(s), adjacent
supply wells and springs to include as background nitrate levels.
Total nitrate levels shall not be allowed to exceed the 10 mg/l drinking
water limit.
[17]
Effects on waters of the commonwealth. If wetlands,
seeps, springs, ephemeral pools and/or streams exist on or within
300 feet of the proposed and existing wells boundary, the report shall
address the potential to affect these features as a result of drilling
and pumping of the proposed supply wells. Circumstantial evidence
to support conclusions regarding this issue shall be considered limited
in value. Thus, direct monitoring of water levels and direct measurement
of flows during pumping tests shall be required when said surface
water features are deemed at potential risk. If staff gauges are used,
measured stream and seep flow rates must be provided to quantify flows
at various gauge levels. Analysis shall include evaluation of the
potential effect from proposed underground utility lines that may
penetrate the shallow groundwater system.
[18]
Qualifications. The report shall include a brief
statement of the qualifications of the person(s) preparing the study.
M.
On-lot sewage disposal.
(2)
Site suitability.
(a)
All residential lots in developments proposing the use of on-site
sewage disposal shall contain a primary and a replacement sewage absorption
area as tested by the Township SEO in accord with DEP requirements.
Such areas for sewage absorption must be determined to be suitable
by appropriate testing. Such areas shall be shown on the preliminary
plan and final plan. All sewage disposal areas shall remain undisturbed
and this shall be assured via a covenant placed on the plan.
(b)
Prior to any action on the preliminary plan by the Township, the applicant must document that all lots in subdivisions proposing sewage disposal contain a suitable primary area and replacement area as tested by the Township SEO in accord with DEP requirements and this Subsection M, or are already served by an adequate, existing sewage disposal system.
(c)
Should the applicant propose the use of individual systems which
do not require soil testing, documentation shall be provided that
the affected lots are suitable for the proposed system. In addition,
a note shall be placed on the preliminary plan and final plan detailing
the type of system(s) proposed and stating that the affected lots
have not been tested for a soil-based system.
(3)
Conservation design subdivisions. In the case of conservation design
subdivisions, the primary and reserved sewage disposal areas may be
located on common land, provided the necessary easements for construction
and maintenance of such systems are provided.
N.
Centralized sewage disposal system. In addition to the following
standards, the Township Sewage Facilities Ordinance shall govern all
centralized sewage disposal facilities, as defined by said ordinance.
(1)
Available sewage disposal. If a centralized sewage disposal system
is proposed and an existing public sewage disposal system or an existing
private sewage disposal system identified as a regional system by
the Township Sewage Facilities Plan, said development shall connect
to such system in accord with the requirements of the Township Sewage
Facilities Plan, the system owner, the PA PUC and the PA DEP.
(2)
Project system. If an approved sewage disposal system is not accessible
and sewage disposal is to be furnished on a project basis, the applicant
shall, upon submission of the subdivision or land development plan,
submit written evidence that he has complied with all Township, county,
and state regulations, and that the proposed system to be installed
meets the requirements of the Pennsylvania Department of Environmental
Protection and any other applicable regulations.
(a)
All centralized sewage disposal systems shall be consistent
with the sewage feasibility studies and plans of the Township.
(b)
All sewage collection and treatment facilities shall be designed
and constructed in accordance with regulations and requirements of
PA DEP and applicable Township ordinances.
(c)
All centralized sewage disposal systems shall be designed and
constructed to provide adequate capacity for the ultimate flow of
the subject development.
(d)
All centralized sewage disposal systems using subsurface or
land application of sewage effluent shall be designed and constructed
in accord with applicable PA DEP standards; and, a suitable replacement
area for the effluent disposal area shall be provided.
All subdivisions and land developments shall be provided with parking and loading areas adequate to meet the needs of the use in accord with this section. Following the establishment of any subdivision or land development, the ongoing operation and maintenance of the off-street parking and loading facilities shall comply with the requirements of § 400-19 and violations shall be subject to the enforcement provisions of Chapter 400, Zoning.
A.
Availability and use of facilities.
(1)
Availability. The facilities required herein shall be available throughout
the hours of operation of the particular business or use for which
such facilities are provided. As used herein, the term "parking space"
includes either covered garage space or uncovered parking lot space
located off the public right-of-way.
(3)
Continuing obligation of parking and loading spaces. All required
numbers of parking spaces and off-street loading spaces shall be available
as long as the use or building which the spaces serve still exists,
and such spaces shall not be reduced in number below the minimum required
by this chapter.
(4)
Non-parking use. Required off-street parking, loading, and unloading
facilities and accessways shall not be used for any other purpose,
including, but not limited to, sales, display or storage areas, or
the parking of any vehicles for which the area was not approved (e.g.,
parking of tractor trailers in required passenger vehicle areas).
(5)
Existing parking. Any parking spaces serving such preexisting structures
or uses at the time of the adoption of this chapter shall not in the
future be reduced in number below the number required by this chapter.
If a new principal nonresidential building is constructed on a lot,
then any existing parking on such lot that serves such building shall
be reconfigured to comply with this chapter, including, but not limited
to, required parking and areas reserved for additional parking if
needed, requirements for channelization of traffic from adjacent streets,
channelization of traffic within the lot, minimum aisle widths, paving
and landscaping.
(6)
Garages and carports. Garages and carports not in the public right-of-way
may be considered parking spaces.
B.
Site plan; design.
(1)
Site plan. The project application shall include a site plan that
shows the parking, loading and unloading area, and access design.
(2)
General. Parking spaces, loading and unloading areas, and accessways
shall be laid out to result in safe and orderly use and to fully address
all of the following: vehicular access onto and off the site, vehicular
movement within the site, pedestrian patterns and any drive-through
facilities. No parking area shall cause a safety hazard or impediment
to traffic on or off the lot.
(3)
Pedestrian access and circulation. The parking and access plan shall
include details of pedestrian access to the site and pedestrian circulation
within the site. The intent shall be to facilitate pedestrian access
and provide safe and convenient circulation from parking areas to
the structure or use.
(4)
Design. Off-street parking areas, accessways, fire lanes, traffic
flow signs, pavement markings, and other necessary facilities shall
be designed and provided in accord with the most current Institute
of Transportation Engineers Traffic Engineering Handbook, or other
generally accepted methodology approved by the Township. The applicant
shall provide copies of the methodology used for the design. Notwithstanding
the above, all parking spaces and the overall design shall be ample
in size for the vehicles for which use is intended and stalls shall
be a minimum of 10 feet by 20 feet with aisles of not less than 24
feet unless designed as required above.
C.
Lighting. In addition to the other applicable standards in this chapter,
all lighting used to illuminate any off-street parking shall be so
arranged as to reflect the light away from adjoining premises and
public rights-of-way.
D.
Public rights-of-way. Parking, loading and unloading of vehicles
shall not be permitted on public rights-of-way, except in designated
areas and in accord with municipal parking regulations. No parking
area shall be designed which requires or encourages parked vehicles
to be backed into a public street.
F.
Number of vehicle parking and stacking spaces to be provided. The number of parking and stacking spaces required by this § 355-54F shall be considered the minimum requirements unless modified in accordance with this § 355-54F.
[Amended 7-5-2023 by Ord. No. 151-2023]
(1)
Parking and vehicle stacking spaces required for nonresidential uses.
(a)
Refer to Table of Required Parking and Stacking Spaces (355
Attachment 3).
(b)
Table of Required Parking and Stacking Spaces. The minimum number of off-street parking spaces and vehicle stacking spaces shall be provided and maintained in accordance with the Table of Required Parking and Stacking Spaces included as Attachment 3 in this Chapter 355.
(c)
Land uses not listed in the Table of Required Parking and Stacking
Spaces. If the proposed use is not included in the Table of Required
Parking and Stacking Spaces, the minimum number of required parking
and stacking spaces shall be based on the most similar use included
in the Table, as approved by the Board of Supervisors. If the Board
determines that none of the uses included in the Table is of sufficiently
similar character to the proposed use, the Board of Supervisors shall
use information provided by the applicant, the Township Engineer and
the Zoning Officer to make the determination of the required minimum
number of parking and stacking spaces.
(2)
Parking required for residential uses. Two off-street parking spaces
shall be provided and maintained for each residential dwelling unit
except as follows:
(3)
Applicant-proposed reduction. The required number of parking and/or
stacking spaces may be reduced subject to approval by the Board of
Supervisors. The applicant shall provide evidence justifying the proposed
reduction of spaces, such as studies of similar developments during
peak hours. The applicant shall also provide relevant data, such as
number of employees and peak expected number of customers/visitors.
Any approval to permit such decrease shall be subject to the following:
(a)
Ordinance and plan consistency. The project design and parking
and/or stacking space decrease shall be consistent with the purposes
contained in this chapter and the goals and objectives of the Township
Comprehensive Plan.
(b)
Quality of design. The applicant shall demonstrate to the Board
of Supervisors that the proposed decrease will result in an adequate
number of parking and stacking spaces based on a specific study of
the parking and stacking demands for the proposed use or empirical
data reported by a generally accepted source such as the Institute
of Transportation Engineers, the Urban Land Institute, the American
Planning Association, or similar entity.
(c)
Local conditions. In making its determination, the Board of
Supervisors shall also consider, among others, the demographics and
character of the neighborhood, demographics of targeted customers
and employees, availability of mass transit, existing on-street parking
conditions, and any employer-instituted transportation demand management
programs.
(d)
Burden; conditions. If the Board of Supervisors, in its sole
discretion, determines that the applicant has met the burden of proof,
it may grant approval for the decrease. The Board of Supervisors may
impose such conditions as will, in its judgment, secure the objectives
and purposes of this chapter, including, but not limited to, requiring
area reserved for additional future parking.
(4)
Form of reservation. Each parking reservation shall be in a form
acceptable to the Township Solicitor that legally binds current and
future owners of the land to keep the reserved parking area in open
space and, if the Township determines it is necessary, to provide
the additional parking in the time and manner as stipulated in the
reservation document. Proof of recording of the agreement shall also
be provided to the Township before any approval of the project.
(5)
Reserved parking disturbance and stormwater. The reserve parking
areas shall remain undisturbed or shall be landscaped, but shall be
included in the calculations of lot coverage area and for stormwater
management and for the requirement of a NPDES permit. The stormwater
facilities shall be constructed in accord with the approved sequencing
design as parking areas are constructed.
(6)
Multiple uses. (See also Subsection L.) For projects involving more than one use and/or structure, the total number of parking spaces required shall be determined by summing the number of spaces for each individual use.
(7)
Handicapped parking. Parking for the handicapped shall be provided
in accord with the Americans With Disabilities Act and shall count
as part of the spaces required for the use by this section.
(8)
Stacking lanes for drive-through facilities. All uses and facilities
providing drive-through services shall provide stacking lanes and
stacking spaces in compliance with the standards of this section.
(a)
Required stacking spaces. Each service window, lane or point
shall have the minimum number of stacking spaces provided for in Attachment
3 of this chapter, Table of Required Parking and Stacking Spaces.
All uses shall have at least one space in each lane after the last
island, window, bay or other service point, but shall have more if
required by Attachment 3 of this chapter.
(b)
Stacking space dimensions. Each stacking space shall be a minimum
of 20 feet long and 10 feet wide on straight segments, and minimum
12 feet wide on curved segments with a minimum 25 feet centerline
radius.
(c)
Stacking lane design.
[1]
Stacking lanes shall be delineated from traffic aisles, other
stacking lanes and parking areas with striping, curbing, landscaping,
or use of alternative paving materials.
[2]
Entrances and exits of stacking lanes shall be clearly marked
with directional signs.
[3]
Stacking lanes shall be designed to prevent circulation congestion
both within the site, and on adjacent public streets. The circulation
shall:
[a]
Separate drive-through traffic from other on-site
circulation;
[b]
Not impede or impair access to or out of parking
stalls;
[c]
Not impede or impair vehicle or pedestrian traffic
movement;
[d]
Minimize conflict between pedestrian and vehicle
traffic with physical and visual separation;
[e]
Not interfere with required loading/unloading and
trash storage areas.
(e)
Order-placing facilities.
[1]
Outdoor facilities such as menu boards, speakers, windows, dispensers,
etc., shall be a minimum of 50 feet from any residential zone.
[2]
Menu boards shall be a maximum of 30 square feet, and shall
be designed, placed and shielded so as to not cast glare on public
streets or adjacent properties. The term "menu board" is not limited
to food, but may be any listing of products, services, etc., from
which the customer makes a choice or which provides product information.
(9)
Administrative adjustment to parking or stacking lane capacity, or
compact parking limitation.
(a)
The Township Zoning Officer shall have the authority set forth in § 400-19F(9) of the Zoning Ordinance to reduce the parking capacity requirements of § 355-54F(1) and Attachment 3 of this Chapter by not more than 10% upon presentation of empirical evidence acceptable to the Zoning Officer that a particular use of property will generate different parking demands than other similar uses, and subject to the approval of the Board of Supervisors if associated with a pending subdivision and/or land development plan application. Such § 400-19F(9) of the Zoning Ordinance shall control when the Zoning Officer exercises such authority, and any such parking reduction shall be subject to the review and approval of the Board of Supervisors if associated with a pending subdivision and/or land development plan application.
(b)
A reduction in parking allowed by this section may not be in addition to parking reductions allowed by § 355-54F(3) or uses which require submission of a specific parking demand analysis unless supported by a professional parking study that justifies the entire reduction and approved by the Board of Supervisors.
G.
Loading and unloading areas.
(1)
Type and size. In addition to the required off-street parking spaces
all uses shall provide adequate off-street areas for loading and unloading
of vehicles where necessary. The applicant shall provide details on
the type and frequency of vehicles operating in connection with the
proposed use to justify any necessary loading and unloading areas.
Each required space shall meet the following dimensions:
|
Largest Type of Truck Service
|
Minimum Width
(feet)
|
Minimum Length
(feet)
|
|---|---|---|
|
Tractor trailer
|
14
|
74 with 14 clear height
|
|
Trucks other than tractor trailers, pickups or vans
|
12
|
30
|
|
Pickup truck or van
|
10
|
20
|
(2)
Interior travelways. The applicant shall demonstrate that travelways
within the property are adequate to safely and efficiently serve vehicles
which are reasonably expected to visit the property. Turning radius
templates developed by the American Association of State Highway Transportation
Officials (AASHTO) shall serve as the design standard.
H.
Access to off-street parking and loading areas. There shall be adequate
provisions for ingress and egress to all parking and loading spaces
designed for use by employees, customers, delivery services, sales
people and/or the general public. Access to and from all off-street
parking, loading and vehicle service areas along public rights-of-way
shall consist of well-defined separate or common entrances and exits
and shall comply with the following provisions:
(1)
Width. Unless otherwise required by PennDOT for access to a state
road, the width of the driveway/access way onto a public street at
the right-of-way shall be as follows:
|
Width*
|
1-Way Use
(feet)
|
2-Way Use
(feet)
|
|---|---|---|
|
Minimum
|
12
|
24
|
|
Maximum
|
20
|
50
|
|
NOTES:
| |
|
*
|
Exclusive of the turning radius
|
(2)
Controlled access. Each entrance and exit shall be clearly defined
with curbing, fencing, landscaping or vegetative screening so as to
prevent access to the area from other than the defined entrance and
exit.
(3)
Highway occupancy permit. All new uses shall be required to obtain
a highway occupancy permit from the Township or PennDOT, as the case
may be. In the case of a change in use or the expansion of an existing
use, the Township shall require the applicant to obtain a highway
occupancy permit or a revised highway occupancy permit. Where a use
accesses the public right-of-way via a private road, the highway occupancy
permit requirement and criteria shall be applied at the public right-of-way
intersection.
I.
Parking and loading area setbacks.
(1)
Roads and property lines. All parking and loading areas (not including parking decks) and parallel circulation and service lanes serving any commercial, industrial, institutional or multifamily use shall be separated from any public road right-of-way or adjoining property lines by a landscaped buffer area not less than 10 feet wide unless a wider buffer is required by another ordinance provision or adjoining uses share parking in accord with Subsection L.
(2)
Buildings. Parking spaces serving principal nonresidential buildings
and multifamily dwellings shall be located a minimum of 10 feet from
any building wall, unless a larger distance is required by another
ordinance provision. This distance does not apply at vehicle entrances
into or under a building.
J.
Grading and drainage; paving.
(1)
Grading and drainage. Parking and loading facilities, including driveways,
shall be graded and adequately drained to prevent erosion or excessive
water flow across streets or adjoining properties.
(2)
Paving. In cases where 10 or more parking spaces are required, all
portions of required parking, loading facilities and accessways, except
for landscaped areas, shall be surfaced with a durable, hard, all-weather
surface consisting of a minimum of 2 1/2 inches of ID-2 bituminous
pavement on a base course consisting of eight inches of crushed aggregate
or, as deemed to be equivalent by the Board of Supervisors, of concrete,
paving block or porous pavement or pavers on a suitable base.
(3)
Low or seasonal usage. The Board of Supervisors may, as a conditional
use, allow parking areas with low or seasonal usage to be maintained
in stone, grass or other suitable surfaces. For example, the Board
of Supervisors may allow parking spaces to be grass, while major aisles
are covered by stone.
K.
Off-lot parking. Required parking may be provided on a different
lot than on the lot on which the principal use is located, provided
the parking is not more than 400 feet from the principal use lot.
Off-lot parking areas shall be permitted only in a district where
the principal use is permitted. Both parcels shall be under the same
control, either by deed or long-term lease, as the property occupied
by such principal use, and the owner shall be bound by covenants of
record filed in the office of the County Recorder of Deeds requiring
the owner and his or her heirs and assigns to maintain the required
number of off-street parking spaces during the existence of said principal
use.
L.
Joint use parking. In the case of multiple use on the same premises
or where more than one principal uses share a common property line,
shared parking facilities may be approved by the Board of Supervisors.
(1)
Documentation. The applicant shall provide information to establish
that the shared spaces will be used at different times of the day,
week, month, and/or year.
(2)
Reduction. Parking provided may be credited to both uses based on
the extent that the uses operate at different times. However, the
required parking shall not be reduced by more than 50% of the combined
parking required for each use. (Example: If a church parking lot is
generally occupied only to 10% of capacity on days other than a Sunday,
another development not operating on a Sunday could make use of the
unused church lot spaces on weekdays.)
(3)
Agreement. Joint-use parking shall be secured in a form acceptable
to the Township Solicitor that legally binds current and future owners
of the land to maintain the parking. An attested copy of the agreement
between the owners of record shall be provided to the Township. Proof
of recording of the agreement shall also be provided to the Township
before the issuance of any approval of the project.
M.
Shopping carts. Establishments furnishing carts or mobile baskets
shall provide definite areas on the site for the storage of said carts.
Storage areas shall be clearly marked and designed for the storage
of shopping carts and/or mobile baskets. Establishments furnishing
carts or mobile baskets shall provide definite areas on the site for
the storage of said carts. Storage areas shall be clearly marked and
designed for the storage of shopping carts and/or mobile baskets.
N.
Snow storage and removal. All plans for proposed parking areas of
50 or more spaces shall include details for adequate snow storage
and removal.
All utility lines required to service the subdivision shall
be planned in cooperation with the respective utility companies. A
letter shall accompany the subdivision or land development plan stating
that the utility plan has been reviewed by the applicable utility
company, such plan is approved, and service will be available. All
cables, wires, conduits, pipes, and lines servicing the development
shall be subject to the requirements set forth in this chapter.
See § 355-49V.
[Amended 12-15-2020 by Ord. No. 144-2020]
A landscaping plan for the proposed project shall be submitted
by the developer for review and approval by the Township for all land
developments and major subdivisions. Landscaping shall be considered
an improvement for the purposes of regulation by this chapter.
A.
Plan preparation. Where the project requires an NPDES permit, the
plan shall be prepared by a registered landscape architect or another
person deemed qualified by the Township.
B.
Plan contents. All disturbed areas of the site shall be included
in the landscaping plan, and those areas immediately adjacent to buildings,
walkways and streets shall be given extra consideration. The landscaping
plan shall include:
(1)
Areas of the site which will not be disturbed and the type of existing vegetation to be preserved. (See also § 355-47 for protection of existing vegetation.)
(3)
The type and size of vegetation proposed at planting and time of
maturity.
(4)
The location, dimensions, and spacing of plantings.
(5)
The details of installation.
C.
List of acceptable plants. All plants used for landscaping and vegetative
cover shall be selected from the List of Acceptable Plants included
in the appendix.[1] The list is intended to offer a broad selection of plants suitable for the various required landscapes required by this chapter. Native plants are indicated for use in natural or naturalized settings. Plants not found on the list may be substituted, provided that the Township determines that the requirements of this § 355-57 are satisfied and the plants are suitable for the proposed purpose and location.
[1]
Editor's Note: The List of Acceptable Plants is included as an attachment to this chapter.
D.
Materials specifications, maintenance, and guarantee. The following
standards shall apply to all plants or trees as required under this
chapter:
(1)
General requirements.
(a)
The location, dimensions, and spacing of required plantings
shall be adequate for their proper growth and maintenance, considering
the sizes of such plantings at maturity and present and future environmental
requirements, such as wind, soil, moisture, and sunlight.
(b)
Plants shall be selected and located where they will not contribute
to conditions hazardous to public safety. Such locations include,
but are not limited to, public street rights-of-way, underground and
aboveground utilities, and sight triangle areas required for unobstructed
views at street intersections.
(c)
Plastic or other artificial materials shall not be used in place
of plants.
(2)
Plant specifications.
(a)
All plants shall meet the minimum standards for health, form,
and root condition as outlined in the latest edition of the American
Association of Nurserymen (AAN) Standards.
(b)
All plants shall be selected for hardiness and shall be suitable
for planting in the United States Department of Agriculture Hardiness
Zone applicable to the Township, and to the specific localized microclimate
and microenvironment of the planting site.
(c)
Canopy trees, sometimes called "shade trees," shall reach a
minimum height or spread of 30 feet at maturity as determined by the
AAN Standards and shall be deciduous. New trees shall have a minimum
caliper of 2 1/2 inches at the time of planting.
(d)
Ornamental/flowering trees or large shrubs shall reach a typical
minimum height of 15 feet at maturity, based on AAN Standards. Trees
and shrubs may be deciduous or evergreen and shall have a distinctive
ornamental character such as showy flowers, fruit, habit, foliage,
or bark. New ornamental/flowering trees shall have a minimum height
of six feet or 1 1/2 inch caliper. New large shrubs shall have
a minimum height of four feet to six feet at the time of planting.
(e)
Small shrubs may be evergreen or deciduous and shall have a
minimum height at maturity of four feet based on AAN Standards. New
evergreen shrubs shall have a minimum height of 24 inches at the time
of planting, and new deciduous shrubs shall have a minimum height
of 30 inches at the time of planting.
(f)
Evergreen trees shall reach a typical minimum height of 20 feet
at maturity based on AAN Standards for that species and shall remain
evergreen throughout the year. New evergreens shall have a minimum
height at planting of six feet to seven feet.
(3)
Maintenance.
(a)
Required plants shall be maintained in a healthy, vigorous condition
and be kept free of refuse and debris for the life of the project
to achieve the required visual effect of the buffer or screen. It
shall be the ultimate responsibility of successive property owners
to ensure that the required plants are properly maintained. Dead or
diseased plants shall be removed or treated promptly by the property
owner and replaced at the next growing season.
(b)
All sight triangles shall remain clear; and any plants that
could endanger safety, such as unstable limbs, shall be removed, and
the plants replaced if necessary. It shall be the responsibility of
the property owner to maintain all plants and architectural elements
to assure public safety.
(c)
Maintenance guidelines for the plants are encouraged to be published
by the planting plan designer and be used by grounds maintenance personnel
to ensure that the design's buffering and screening concepts are continued.
(4)
Landscape replacement; performance guarantee.
(a)
Any tree or shrub that dies within 18 months of planting shall
be replaced by the current landowner or developer. Any tree or shrub
that within 18 months of planting or replanting is deemed, in the
opinion of the Township, not to have survived or not to have grown
in a manner characteristic of its type shall be replaced. Substitutions
for certain species of plants may be made only when approved by the
Township.
(b)
Landscaping shall be considered an improvement for the purposes
of installation and the provision of a performance guarantee in accordance
with this chapter. In addition, the developer or landowner shall provide
to the Township a performance guarantee equal to the amount necessary
to cover the cost of purchasing, planting, maintaining, and replacing
all vegetative materials for a period of 18 months following the installation
and approval of the landscaping.
E.
Street trees.
(1)
Street trees required. Street trees shall be required:
(2)
Waiver for existing vegetation. The street tree requirement may be
waived by the Township where existing vegetation is considered enough
to provide effective screening and to maintain scenic views of open
space, natural features, or other valued features.
(3)
Standards. Street trees shall be located between the ultimate right-of-way
line and the building setback line and shall meet the following standards:
(a)
Trees shall be planted a minimum distance of five feet and a
maximum distance of 15 feet outside the ultimate right-of-way line.
However, in certain cases, as follows, the Township may permit trees
to be planted within the ultimate right-of-way:
(b)
In nonresidential developments, trees shall be located within
a planting bed within the front yard setback, at least 10 feet in
width, planted in grass or ground cover. In areas where wider sidewalks
are desirable, or space is limited, tree planting pits within the
sidewalk may be approved.
(c)
Trees shall be located so as not to interfere with the installation
and maintenance of sidewalks and utilities. Trees shall be planted
a minimum distance of three feet from curbs and sidewalks, 15 feet
from overhead utility poles with appropriate species selection for
trees under utility wires, and six feet from underground utilities.
(d)
Trees shall be planted at a ratio of at least one tree per 50
lineal feet of frontage or fraction thereof. Trees shall be distributed
along the entire frontage of the property, although they need not
be evenly spaced.
F.
Parking areas.
(1)
All parking areas shall be buffered from public streets and adjacent properties by a landscaped strip constructed in accordance with § 355-57F(4)(f).
(2)
For new off-street parking areas, parking area landscaping consisting of a minimum of one deciduous tree and 160 square feet of shrubs and/or ground cover shall be provided for each 10 parking spaces, in addition to the requirements of § 355-57F(1).
(3)
For new off-street parking areas containing less than 30 parking spaces, the parking area landscaping may be provided within the parking area or around the perimeter of the parking area in addition to the requirements of § 355-57F(1).
(4)
For new off-street areas containing 30 parking spaces or more, the
following requirements shall apply:
(a)
Larger parking lots shall be separated by landscaped strips
into smaller areas containing not more than 100 parking spaces.
(b)
The ends of all parking rows shall be separated from drives/aisles
by planting islands.
(c)
There shall be no more than 15 contiguous parking spaces in
a row without a planting island.
(d)
Any parking area landscaping required by § 355-57F(2) which remains after the required planting islands have been provided shall be placed around the perimeter of the parking area, in addition to the requirements of § 355-57F(1), or as otherwise deemed to be acceptable by the Township.
(e)
Planting islands. Planting islands shall be a minimum of nine
feet by 18 feet in area, underlain by suitable soils, with a mounded
slope between three to one and five to one, protected by curbing or
other suitable means acceptable to the Township. Each planting island
shall contain a minimum of one canopy/shade tree or ornamental/flowering
tree plus shrubs and/or ground cover over the entire island area.
(f)
Landscaped strips. All landscaped strips shall be a minimum
of eight feet wide, shall extend the full length of the adjacent parking
row, shall be designed to facilitate the infiltration of stormwater
insofar as practical, and shall be protected by curbs, wheel stops
or other suitable means acceptable to the Township. Landscaped strips
shall be planted with canopy/shade trees or ornamental/flowering trees
at a maximum spacing of 30 feet, plus shrubs and/or ground cover,
as approved by the Township, to cover the entire landscaped strip
area.
G.
Plan requirements. All areas of the site shall be included in the
landscaping plan, and buffers, screening, and those areas immediately
adjacent to buildings and walkways shall be given extra consideration.
Landscape plans shall be prepared by a landscape architect licensed
and registered to practice by the Commonwealth of Pennsylvania or
other person deemed qualified by the Township.
A lighting plan shall be provided by the developer and shall include details for lighting of roads, parking areas and buildings. Streetlights shall be required for all major subdivisions unless the developer documents that such lighting is not necessary and a modification is granted by the Board of Supervisors. All lighting shall comply with the standards in § 355-59.
[Amended 3-18-2014 by Ord. No. 118-2014; at time of adoption of Code
(see Ch. 1, General Provisions, Art. I)]
Lighting shall be controlled in both height and intensity to maintain community character; and lighting design should be an inherent part of the project design. The applicant shall provide the specifications of the proposed lighting and its arrangement on the site. Following the establishment of any subdivision or land development, the ongoing operation and maintenance of the lighting facilities shall comply with the requirements of § 400-49I and violations shall be subject to the enforcement provisions of Chapter 400, Zoning.
A.
Purpose. To set standards for outdoor lighting to:
(1)
Provide for and control lighting in outdoor places where public health,
safety and welfare are potential concerns;
(2)
Protect drivers and pedestrians from the glare of nonvehicular light
sources;
(3)
Protect neighbors, the environment and the night sky from nuisance
glare and light trespass from improperly selected, placed, aimed,
applied, maintained or shielded light sources; and
(4)
Promote energy efficient lighting design and operation.
B.
Applicability.
(1)
This section shall apply to all uses within the Township where there
is exterior lighting that is viewed from outside, including, but not
limited to, residential, commercial, industrial, public and private
recreational/sports and institutional uses, and sign, billboard, architectural
and landscape lighting.
(2)
Exemptions. The following lighting applications are exempt from the
requirements of this section:
(a)
Lighting within public right-of-way or easement for the principal
purpose of illuminating streets or roads. No exemption shall apply
to any lighting within the public right-of-way or easement when the
purpose of the luminaire is to illuminate areas outside the public
right-of-way or easement.
(b)
Lighting for public monuments and statuary.
(c)
Underwater lighting in swimming pools and other water features.
(d)
Low-voltage landscape lighting.
(e)
Individual porch lights of a dwelling.
(f)
Repairs to existing luminaires not exceeding 25% of the number
of total installed luminaires.
(g)
Temporary lighting for theatrical, television, performance areas
and construction sites.
(h)
Temporary lighting and seasonal decorative lighting, provided
that individual lamps are less than 10 watts and 70 lumens.
(i)
Emergency lighting, as may be required by any public agency
while engaged in the performance of their duties, or for illumination
of the path of egress during an emergency.
C.
Standards.
(1)
Illumination levels. Lighting shall have illuminances, uniformities
and glare control in accord with the recommended practices of the
Illuminating Engineering Society of North America (IESNA).
(2)
Luminaire design.
(a)
Horizontal surfaces.
[1]
For the lighting of predominantly horizontal surfaces such as,
but not limited to, parking areas, roadways, culs-de-sac, vehicular
and pedestrian passage areas, merchandising and storage areas, automotive
fuel-dispensing facilities, automotive sales areas, loading docks,
active and passive recreational areas, building entrances, sidewalks,
bicycle and pedestrian paths, and site entrances, luminaires shall
be aimed straight down and shall meet IESNA full-cutoff criteria.
[2]
Luminaires with an aggregate rated lamp output not exceeding
500 lumens, e.g., the rated output of a standard nondirectional 40-watt
incandescent or 10-watt compact fluorescent lamp, are exempt from
the requirements of this subsection. In the case of decorative streetlighting,
luminaires that are fully shielded or comply with IESNA cutoff criteria
may be used.
(b)
Nonhorizontal surfaces.
[1]
For the lighting of predominantly nonhorizontal surfaces such
as, but not limited to, facades, landscaping, signs, billboards, fountains,
displays and statuary, when their use is specifically permitted by
the Township, luminaires shall be shielded and shall be installed
and aimed so as to not project their output into the windows of neighboring
residences, adjacent uses, past the object being illuminated, skyward
or onto a public roadway.
[2]
Luminaires with an aggregate-rated lamp output not exceeding
500 lumens, e.g., the rated output of a standard nondirectional 40-watt
incandescent or 10-watt compact fluorescent lamp, are exempt from
the requirements of this subsection.
(3)
Control of glare.
(a)
All lighting shall be aimed, located, designed, fitted and maintained
so as not to present a hazard to drivers or pedestrians by impairing
their ability to safely traverse and so as not to create a nuisance
by projecting or reflecting objectionable light onto a neighboring
use or property.
(b)
Directional luminaires such as floodlights and spotlights shall
be so shielded, installed and aimed that they do not project their
output into the windows of neighboring residences, adjacent uses,
past the object being illuminated, skyward or onto a public roadway
or pedestrianway. Floodlights installed above grade on residential
properties, except when motion-sensor actuated, shall not be aimed
out more than 45° from straight down. When a floodlight creates
glare as viewed from an adjacent residential property, the floodlight
shall be required to be re-aimed and/or fitted with a shielding device
to block the view of the glare source from that property.
(c)
Barn lights, aka dusk-to-dawn lights, when a source of glare
as viewed from an adjacent property, shall not be permitted unless
effectively shielded as viewed from that property.
(d)
(Reserved)
(e)
Parking facility and vehicular and pedestrianway lighting (except
for safety and security applications and all-night business operations),
for commercial, industrial and institutional uses shall be automatically
extinguished no later than one hour after the close of business or
facility operation. When safety or security lighting is proposed for
after-hours illumination, it shall not be in excess of 25% of the
number of luminaires or illumination level required or permitted for
illumination during regular business hours. When it can be demonstrated
to the satisfaction of the Township that an elevated security risk
exists, e.g., a history of relevant crime, an appropriate increase
above the 25% limit may be permitted.
(f)
Luminaires shall be automatically controlled through the use of a programmable controller with battery power-outage reset, which accommodates daily and weekly variations in operating hours, annual time changes and seasonal variations in hours of darkness. The use of photocells is permitted when in combination with the programmable controller to turn luminaires on at dusk and also for all-night safety/security dusk-to-dawn luminaire operation when such lighting is specifically approved by the Township in accord with § 355-59C(3)(e). The use of motion detectors is permitted.
(g)
Vegetation screens shall not be employed to serve as the primary
means for controlling glare. Rather, glare control shall be achieved
primarily through the use of such means as cutoff luminaires, shields
and baffles, and appropriate application of luminaire mounting height,
wattage, aiming angle and luminaire placement.
(h)
Light spillover. The maximum light spillover limit at the boundary
line of R-1, R-2, R-3, S-P and W-C Districts and permanent open space
shall be 0.1 footcandle, and 1.0 footcandle at the boundary line of
C-1, C-2, I and I-A Districts, each measured line-of-sight at any
time and from any point on the receiving residential property.
(i)
Height. Except as permitted for certain recreational lighting and permitted elsewhere in this subsection, luminaires shall not be mounted in excess of 20 feet above finished grade (AFG) of the surface being illuminated. Luminaires not meeting full-cutoff criteria, when their use is specifically permitted by the Township, shall not be mounted in excess of 16 feet AFG. Mounting height shall be defined as the distance from the finished grade of the surface being illuminated to the optical center of the luminaire. Where proposed parking lots consist of 100 or more contiguous spaces, the Township may, at its discretion, based partially on mitigation of potential off-site impacts, permit a luminaire mounting height not to exceed 25 feet AFG. For maximum mounting height of recreational lighting, see Subsection D.
(j)
Flags. The United States and the state flag may be illuminated
from dusk to dawn. All other flags shall not be illuminated past 11:00
p.m. Flag lighting sources shall not exceed 7,000 aggregate lamp lumens
per flagpole. The light source shall have a beam spread no greater
than necessary to illuminate the flag.
(k)
Under-canopy lighting. Under-canopy lighting for such applications
as gas/service stations, hotel/theater marquees, fast-food/bank/drugstore
drive-ups, shall be accomplished using flat-lens full-cutoff luminaires
aimed straight down and shielded in such a manner that the lowest
opaque edge of the luminaire shall be below the light source and its
light-directing surfaces, at all lateral angles around the luminaire.
The average illumination intensity in the area directly below the
canopy shall not exceed 20 maintained flootcandles and the maximum
density shall not exceed 30 initial footcandles.
(l)
Soffit lighting. Soffit lighting around building exteriors shall
not exceed 15 initial footcandles.
(m)
Strobe lighting. The use of white strobe lighting for tall structures
such as smokestacks, chimneys and radio/communications towers is prohibited
during hours of darkness except as required by the Federal Aviation
Administration.
(4)
Installation.
(a)
Electrical feeds for lighting standards shall be run underground,
not overhead, and shall be in accord with the National Electric Code
(NEC) Handbook.
(b)
Poles supporting luminaires for the illumination of parking
areas and located within the parking area or directly behind parking
spaces, or where they could be hit by snow plows or wide-swinging
vehicles, shall be protected by being placed a minimum of five feet
outside paved area or tire stops, or placed on concrete pedestals
at least 30 inches high above the pavement, shielded by steel bollards
or protected by other effective means.
(c)
Pole-mounted luminaires for lighting horizontal surfaces shall
be aimed straight down and poles shall be plumb.
(d)
Poles and brackets for supporting luminaires shall be those
specifically manufactured for that purpose and shall be designed and
rated for the luminaire and mounting accessory weights and wind loads
involved.
(e)
Pole foundations shall be designed consistent with manufacturer's
wind load requirements and local soil conditions involved.
(5)
Maintenance. Luminaires and ancillary equipment shall be maintained
so as to meet the requirements of this chapter.
D.
Recreational uses. The nighttime illumination of outdoor recreational
facilities for such sports as baseball, basketball, soccer, tennis,
track and field, and football typically necessitate higher than normally
permitted luminaire mounting heights and aiming angles, utilize very
high-wattage lamps and potentially produce unacceptable levels of
light trespass and glare when located near residential or open space
properties. When recreational uses are specifically permitted by the
Township for operation during hours of darkness, the following requirements
shall apply:
(1)
Race tracks and such recreational venues as golf driving ranges and
trap-shooting facilities that necessitate the horizontal or near horizontal
aiming of luminaires and projection of illumination, may be permitted
by the Board of Supervisors. A visual impact analysis shall be required
in accord with § 400-59D(4).
(2)
Sporting events shall be timed to end at such time that all lighting
in the sports facility, other than lighting for safe exit of patrons,
shall be extinguished by 10:00 p.m. except in the occurrence of extra
innings, overtimes or makeup games.
(3)
(4)
Visual impact plan. To assist the Township in determining whether the potential impacts of proposed lighting have been suitably managed, applications for illuminating recreational facilities shall be accompanied not only with the information required by Subsection E, but also by a visual impact plan that contains the following:
(a)
Plan views containing a layout of the recreational facility
and showing pole locations and the location of residences on adjoining
properties.
(b)
Elevations containing pole and luminaire mounting heights, horizontal
and vertical aiming angles and luminaire arrays for each pole location.
(c)
Elevations containing initial vertical illuminance plots at
the boundary of the site, taken at a height of five feet line-of-sight.
(d)
Elevations containing initial vertical illuminance plots on the windowed facades of all residences facing and adjacent to the recreational facility. Such plots shall demonstrate compliance with the light trespass and glare control requirements of Subsection C(3).
(e)
Proposed frequency of use of the facility during hours of darkness
on a month-by-month basis and proposed time when the sports lighting
will be extinguished.
(f)
A narrative describing the measures proposed to achieve minimum
off-site disturbance.
E.
Plan submission. Lighting plans shall be submitted for Township review
and approval for subdivision and land development applications. The
submitted information shall include the following:
(1)
A plan or plans of the site, complete with all structures, parking
spaces, building entrances, traffic areas (both vehicular and pedestrian),
existing and proposed trees, and adjacent uses that might be adversely
impacted by the lighting. The lighting plan shall contain a layout
of all proposed and existing luminaires, including but not limited
to area, architectural, building entrance, canopy, soffit, landscape,
flags and signs, by location, orientation, aiming direction, mounting
height, lamp, photometry and type.
(2)
A ten-foot-by-ten-foot illuminance grid (point-by-point) plot of
maintained horizontal footcandles overlaid on the site plan, plotted
out to 0.0 footcandle, which demonstrates compliance with the light
trespass, illuminance and uniformity requirements as set forth in
this chapter. When the scale of the plan, as judged by the Township,
makes a ten-foot-by-ten-foot grid plot illegible, a more legible grid
spacing may be permitted.
(3)
Light-loss factors, IES candela test-filename, initial lamp-lumen
ratings and specific lamp manufacturer's lamp ordering nomenclature,
used in calculating the plotted illuminance levels.
(4)
Description of the proposed equipment, including luminaire catalog
cuts, photometrics, glare reduction devices, lamps, on/off control
devices, mounting heights, pole foundation details, pole protection
means and mounting methods.
(5)
Landscaping plans shall contain luminaire locations, demonstrating
that the site lighting and landscaping have been coordinated to minimize
conflict between vegetation and intended light distribution, both
initially and at vegetation maturity.
(6)
When requested by the Township, the applicant shall also submit a visual impact plan in accord with Subsection D(4).
(7)
Plan notes. The following notes shall appear on the lighting plan:
(a)
Post-approval alterations to lighting plans or intended substitutions
for specified lighting equipment on the approved plan shall be submitted
to the Township for review and approval prior to installation. Requests
for substitutions shall be accompanied by catalog cuts of the proposed
equipment that demonstrate the proposed substitution is equal to or
exceeds the optical quality and maintainability of the specified luminaires;
and shall be accompanied by a lighting plan, including a point-by-point
plot, which demonstrates that proposed substitutions will result in
a lighting design that equals or exceeds the quality of the approved
plan.
(b)
The Township reserves the right to conduct post-installation
inspections to verify compliance with ordinance requirements and approved
lighting plan commitments, and if deemed appropriate by the Township,
to require remedial action at no expense to the Township.
(c)
All exterior lighting, including building-mounted lighting,
shall meet IESNA full-cutoff criteria unless otherwise specifically
approved by the Township.
(d)
Installer shall notify Township to arrange for inspection and
approval of all exterior lighting, including building-mounted lighting,
prior to its installation.
F.
Violations; safety hazards.
(1)
When the Zoning Officer determines that a lighting installation violates any provision of this chapter or creates a safety hazard, an enforcement proceeding shall be initiated in accord with the enforcement provisions of Chapter 400, Zoning.
(2)
If appropriate corrective action has not been effected within 15
days of notification, the Township may take appropriate legal action.
G.
ARCHITECTURAL LIGHTING
FOOTCANDLE
FULL CUTOFF
FULLY SHIELDED
GLARE
LAMP
LED
LIGHT FIXTURE
LIGHT TRESPASS
LIGHTING SYSTEM
LUMEN
LUMINAIRE
LUMINAIRE, SHIELDED DIRECTIONAL
Definitions. Words and phrases used in this section shall have the meanings set forth in this subsection. Words and phrases not defined in this subsection but defined in Article II of this chapter shall be given the meanings set forth in said article. All other words and phrases shall be given their common, ordinary meaning, unless the context clearly requires otherwise.
Lighting designed to reveal architectural beauty, shape and/or
form and for which lighting for any other purpose is incidental.
The amount of illumination the inside surface of a one-foot-radius
sphere would receive if there were a uniform point source of one candela
in the exact center of the sphere. The footcandle is equal to one
lumen per square foot, and is measurable with an illuminance meter
(light meter).
Attribute of a luminaire from which no light is emitted at
or above a horizontal plane drawn through the lowest light-emitting
portion of the luminaire and no more than 10% of the lamp's intensity
is emitted at or above an angle 10° below that horizontal plane,
at all lateral angles around the luminaire. A full-cutoff luminaire,
by definition, also is fully shielded.
A luminaire with opaque top and sides, capable of emitting
light only in the lower photometric hemisphere as installed.
Light entering the eye directly from luminaires or indirectly
from reflective surfaces that causes visual discomfort or loss in
visual performance and visibility.
A generic term for a source of optical radiation, often called
a "bulb" or "tube."
Light-emitting diode.
The complete lighting assembly (including the lamp, housing,
reflectors, lenses and shields), not included the support assembly
(pole or mounting bracket).
Light emitted by a luminaire or installation, which is cast
beyond the boundaries of the property on which the lighting installation
is sited.
On a site, all exterior electric lighting and controls.
As used in the context of this chapter, the light-output
rating of a lamp (light bulb).
The complete lighting unit (fixture), consisting of a lamp,
or lamps and ballast(s) when applicable, together with the parts designed
to distribute the light (reflector lens, diffuser) to position and
protect the lamps, and to connect the lamps to the power supply.
A fully shielded luminaire with an adjustable mounting device
allowing aiming in a direction other than straight downward.
A.
Identification. If a proposed subdivision or land development includes
any area that is suspected of being a wetland, then a professional
wetland delineation may be required. The Township may require that
the applicant obtain a jurisdictional determination from the U.S.
Army Corps of Engineers. Until such time as the Board of Supervisors
has approved application, the wetland limits shall be visibly identified
in the field.
B.
State and federal regulations. Any approval under this chapter shall
be conditioned upon compliance with federal and state wetland regulations.
The Board of Supervisors may refuse to approve a plan for recording
or delay the issuance of permits until an applicant documents such
compliance.
D.
Mitigation. Compensatory mitigation projects required as part of
federal or state permits shall be shown on plans. Future lot owners
whose property encompasses all or part of a mitigation area shall
be notified that the portion of their property which includes the
mitigation area may not be altered, and is considered a jurisdictional
wetland by the federal and state governments. Lot owners may be responsible
for maintenance of mitigation areas. In order to help ensure the long-term
viability of wetland mitigation efforts, the Township discourages
multiple ownership of mitigation areas. Ownership by one individual
or a homeowners' association is encouraged. Owners of the wetland
mitigation areas must be clearly identified on the plan.
E.
Protection. Where the study shows the existence of wetland areas,
the delineated boundary shall be properly fenced to prevent encroachment.
Snow fence or other acceptable material shall be used (the use of
silt fence is not acceptable). The fence shall be properly installed,
at a minimum distance of 20 feet outside the delineated boundary,
prior to any construction or issuance of building permits. No land
shall be disturbed within any required buffer area except in accord
with Township requirements. The fence must be properly maintained
until all occupancy permits have been issued and/or for the extent
of all construction.
A.
Purpose. To provide adequate open spaces, recreational lands and
recreational facilities to serve new inhabitants/occupants of new
developments, for both active and passive recreation, as is specifically
authorized by § 503(11) of the Pennsylvania Municipalities
Planning Code (MPC).[1]
[1]
Editor's Note: See 53 P.S. § 10503(11).
B.
Applicability; exemptions.
(1)
Applicability. This section shall apply to any subdivision or land
development for which a preliminary plan or a combined preliminary/final
plan is submitted after the enactment date of this amendment.
(2)
Exemptions. This section shall not apply to plans that the Board
of Supervisors determines only involve adjustments or corrections
(not increasing the number of approved lots) to an approved preliminary
plan or a preliminary plan that was actively before the Township for
consideration as of the date of the adoption of this chapter, provided
the adjustments do not increase the number of proposed dwelling units
or involve a new principal nonresidential building.
C.
Limitations on use of fees.
(1)
Separate account. Any fees collected under this chapter shall be
placed within an interest-bearing account and shall be accounted for
separately from other Township funds. Such account shall be controlled
by the Township, and any interest shall become funds in that account.
(2)
Use. The fees shall be used for Township or other public recreation
facilities located in the Township. In addition, the Supervisors may
commit fees to a recreation area open to the public in an adjacent
municipality that would serve the inhabitants of the development that
paid the fees. Such fees shall only be used for the acquisition of
public open space and related debt payments, development of public
recreational facilities, landscaping of public open space, and related
engineering and design work.
D.
Land dedication. Any subdivision or land development regulated under this chapter shall be required to dedicate the specified amount of common open space, unless the payment of recreation fees in-lieu of land is required by the Board of Supervisors or as noted in Subsection D(1).
(1)
Fee. Development of five or fewer dwelling units or under five acres
of nonresidential land, that do not include land that is adjacent
to existing publicly owned land, shall be required to pay a recreation
and open space fee in lieu of dedicating land and/or constructing
recreation improvements.
(2)
Land requirements. The land requirements of this chapter shall be
based upon the number of new dwelling units that are proposed on the
lots of a subdivision or land development after approval. No land
requirement shall be required for agricultural, livestock or poultry
buildings.
(3)
Prime open space. For the purposes of this chapter, the term "prime
open space" shall mean land proposed to be established as common open
space that would meet all of the following standards:
(a)
Less than 6% average slope;
(b)
Not a wetland under federal and/or state regulations;
(c)
Be part of a contiguous tract of at least two acres (which may
include existing adjacent common open space); and
(d)
Not be within the one-hundred-year floodplain as defined by
official floodplain maps of the Township, as prepared by FEMA.
(4)
Amount of residential common open space. For a subdivision, the following
amounts for each permitted new dwelling unit shall apply, unless revised
by resolution of the Board of Supervisors:
|
Percentage of the Total Common Open Space that Would Meet
the Definition of Prime Open Space
|
Minimum Required Common Open Space Per Permitted Dwelling
Unit
(square feet)
|
|---|---|
|
0% to 25.0%
|
5,200
|
|
25.1% to 75.0%
|
2,600
|
|
75.1% to 100%
|
1,300
|
(5)
Amount of nonresidential common open space. For a nonresidential
subdivision or land development, the following amounts of common open
space shall be required:
|
Percentage of the Total Common Open Space that Would Meet
the Definition of Prime Open Space
|
Minimum Required Percentage of Development Tract Required
to be Dedicated as Common Open Space
|
|---|---|
|
0% to 25.0%
|
6%
|
|
25.1% to 75.0%
|
4%
|
|
75.1% to 100%
|
3%
|
E.
Recreation fees. The developer of any subdivision or land development
governed by this chapter shall pay a recreation fee in accord with
the following:
(1)
Fee amount. The fee amount shall be established by resolution of
the Board of Supervisors based upon the fair market value of comparable
land.
(2)
Residential. Fees for dwelling lots or units shall be assessed on
a per-lot or per-unit basis.
(3)
Nonresidential. Fees for nonresidential development shall be assessed
on a per-square-foot-of-impervious-area basis. No fee shall be assessed
for developments of less than 1,000 square feet of impervious area,
for any development which does not require approval under this chapter,
or for any agricultural, livestock or poultry buildings.
F.
Decision of land versus fees. The Township reserves the right to
determine, on a case-by-case basis, whether dedication of land is
preferable to the payment of an in-lieu fee. If the applicant does
not propose dedicating common open space that meets Township requirements
(as determined in the sole discretion of the Board of Supervisors),
then the payment of recreation fees shall be required instead of land
dedication. The Township should consider the following in making its
decision on whether to accept the dedication of land or the payment
of a fee in lieu thereof:
(1)
Whether the land in that location would serve a valid public purpose.
(2)
Whether there is potential to make a desirable addition to an existing
public recreation area or to create a greenway along a creek.
(3)
Whether the proposed land would meet the objectives and requirements
of this section and any relevant policies of the Township Comprehensive
Plan, Interim Recreation Plan or Regional Recreation and Open Space
Plan.
(4)
Whether the area surrounding the proposed development has sufficient
existing recreation and open space land and whether it is possible
for pedestrians and bicyclists to reach those lands.
(5)
Any recommendations that may be received from the Planning Commission,
the Township Engineer, the local School Board or School District staff
and the Township Parks and Recreation Board.
G.
Common open space and recreation land to be dedicated.
(1)
Suitability. Land required to be dedicated shall be suitable for
its intended purpose, in the determination of the Board of Supervisors.
The applicant shall state in writing what improvements, if any, he/she
intends to make to the land to make it suitable for its intended purpose,
such as grading, landscaping, or development of trails. Such land
shall be free of construction debris at the time of dedication.
(2)
Ownership. Required common open space shall be dedicated to the Township,
unless the Board of Supervisors agree to accept a dedication to any
of the following: Pocono Mountain School District, Monroe County,
the Pennsylvania Bureau of State Parks, the Pennsylvania Fish and
Boat Commission, the Pennsylvania Game Commission, a homeowner association,
a single property owner in the case of agricultural land or an environmental
organization acceptable to the Board of Supervisors. In the case of
a rental development, the Township may permit the common open space
to be retained by the owner of the adjacent buildings.
(a)
Homeowners' association. If required common open space is to
be owned by a homeowners' association, the developer shall be required
to establish such association in a form that requires all property
owners within the development to annually contribute to the maintenance
of the common open space.
(b)
Township acceptance. Any homeowner association agreement regarding
required common open space shall be subject to acceptance by the Board
of Supervisors, based upon review by the Township Solicitor. The provisions
of § 705(f) of the Municipalities Planning Code[2] should serve as a model for such agreement.
[1]
If common open space is to be owned by a property owners' association,
the developer shall be required to establish such association in a
form that requires all property owners within the development to annually
contribute to the maintenance of the common open space.
[2]
Prior to the sale of any dwelling unit or lot, all deeds shall
require each property owner to pay fees on a regular basis for the
maintenance and other expenses of owning such land. The property owners
shall be incorporated with covenants and by-laws providing for the
filing of assessments. After providing notice to affected owners,
the Township shall have the authority to establish municipal liens
upon all properties in the association to fund maintenance of the
land and Township legal costs if the property owners association does
not fulfill its responsibilities.
[2]
Editor's Note: See 53 P.S. § 10705(f).
(c)
Private lot. Where another form of ownership is not practical,
the Board of Supervisors may permit the required open space to be
added onto a privately owned lot, provided a permanent conservation
easement protects the open space from development.
(d)
Transfer to another entity. If the approved plan states that
ownership of and/or responsibilities to maintain the common open space
are limited to a particular entity, then any transfer of ownership
of responsibilities to another entity shall require preapproval by
the Board of Supervisors. Where land is to be owned by a conservation
organization, a process should be established for the land to transfer
to a different organization if the first organization is not able
to fulfill its obligations.
(e)
Dedication to Township. The Board of Supervisors may require
that the required common open space be dedicated to the Township,
as opposed to a private entity. The Board of Supervisors shall not
be required to accept dedication of any open space.
(3)
Deed restrictions/conservation easements. Common open space shall
be protected from future development and subdivision by a permanent
conservation easement or deed restriction enforceable by the Board
of Supervisors. Such restriction may also be enforceable by other
parties. Such restrictions shall prohibit the construction of any
buildings, except buildings for noncommercial recreation or that are
necessary to support maintenance of the open space.
(4)
Priority. Priority shall be given to dedication of land that would
be suitable for:
(a)
Additions to existing public schools and public parks;
(b)
Would preserve woods, steep slopes or other important natural features
of land along a creek or river;
(c)
That would be suitable for centralized active recreation;
(d)
Connect to open space areas through greenways; or
(e)
Serve as passive recreation for hiking and related activities.
(5)
Suitability. Land that is not suitable for active or passive recreation
shall not be permitted to meet the requirements of this chapter, including
areas within a stormwater detention basin that are not suitable for
recreation. Portions intended for active recreation shall be well-drained,
of less than 4% average finished slope and not require filling in
of a wetland for use.
(6)
Access and contiguousness. Common open space within a subdivision
or land development shall be contiguous, except as may be specifically
exempted by the Board of Supervisors, and shall have adequate access
for maintenance and by pedestrians. If open space is limited to residents
of a development, the Township may still require that a defined trail
easement be open to all pedestrians to provide for a needed link.
(7)
Lands close to buildings. For the purpose of this chapter, no land
shall be used to meet the minimum common open space requirements of
this section if such land is within:
(8)
Sewage facilities in common open space. Sewage facilities of adjoining
property owners may be located as a reserve location on the common
open space when lots size does not allow reserve sewage disposal site.
Adequate easements shall be established to clarify rights and responsibilities.
Community sewage facilities may be located in the common open space
subject to review by the Township Planning Commission and approval
by the Township Board of Supervisors to determine if the proposed
facilities are compatible to the proposed use of the open space. If
buildings are associated with the sewage disposal, additional open
space shall be provided in the equal amount to the space occupied
by the building.
(9)
Wells. Wells of adjoining property owners or community water supplies
may be located in common open space. Adequate easements shall be established
to clarify rights and responsibilities. If buildings are associated
with the water supply, additional open space shall be provided in
the equal amount to the space occupied by the building.
(10)
Residual lands. 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 of a possible future land dedication
on these adjacent lands in case they would be developed in the future.
The intent is to coordinate current plans with any future development,
even in the long-term.
(11)
Coordination with future adjacent dedication. The Board of Supervisors
may require that a required land dedication within a property currently
being subdivided be placed along an edge of the property so that it
may, in the future, be combined with an open space dedication on the
edge of an adjoining property when that adjoining property is subdivided
or developed.
(12)
Other ordinances. Any required land dedication or fees under this chapter shall be in addition to any open space requirements, land dedication or improvement requirements of any other Township ordinances, including land that is developed as part of a conservation design development, under Chapter 400, Zoning.
(13)
Combination of land and fees. Upon mutual agreement of the Board
of Supervisors and the applicant, the Township may accept a combination
of common open space and fees-in-lieu of land to meet the requirements
of this chapter for a subdivision or land development. For a residential
development, this combination shall be based upon the common open
space requirement applying for the remaining number of dwelling units.
(14)
Timing of residential fees. Fees required by this section for
all of the dwelling units shall be paid prior to the recording of
the final plan.
(15)
Timing of nonresidential fees. Fees required by this chapter
for any nonresidential subdivision or land development shall be paid
prior to the recording of the final plan of a subdivision or final
approval of a land development, whichever occurs first. The exception
is if the applicant establishes a legally binding mechanism acceptable
to the Township Solicitor, the fees may be paid prior to the time
a land development plan is approved for each lot, as opposed to at
the time an entire subdivision is approved.
(16)
Facilities in place of land or fees.
(a)
An applicant may submit a written request for a modification
of the requirements of this chapter by offering to construct substantial
permanent recreation facilities open to the general public within
the proposed subdivision or land development or on public park land.
Such modification may only be approved if the applicant clearly proves
to the satisfaction of the Board of Supervisors that the facilities
will serve a valid public purpose, will be designed following modern
standards in a durable manner and will have an equal or higher value
than fees that would otherwise be required. The Supervisors shall
determine whether facilities construction would be in the public interest,
or whether the payment of fees is required. The Supervisors shall,
at a minimum, consider the following in this decision:
[1]
Whether the facilities in the proposed location would serve
a valid public purpose.
[2]
Whether the facilities are a desirable addition to an existing
public park.
[3]
Whether the proposed facilities meet the objectives and requirements
of this chapter and any relevant goals and policies of the Township's
Comprehensive Plan, Recreation Plan, or Regional Recreation and Open
Space Plan.
[4]
Whether the facilities, if proposed within the development,
will be easily accessible to other Township residents.
[5]
Any recommendations from the Planning Commission, the Township
Engineer, the School District, or the County Parks and Recreation
Board.
(b)
A modification of these requirements may also be approved by
the Board of Supervisors if the applicant donates or sells appropriate
public recreation land to the Township, school district or other governmental
entity. In such case, the applicant shall provide a written appraisal
from a qualified professional that the market value of the donation
or sale price reduction is greater than the value of the fee or land
requirement that is waived. In such case, the land shall be determined
to be suitable for public recreation.
Each major residential subdivision or residential land development
shall provide an adequate and reliable water source for firefighting
purposes. The provisions for an adequate and reliable water source
shall be submitted as part of the application. Such plans and installations
shall be inspected by the Township for compliance with this chapter.
The developer may elect to provide this water source through the establishment
of a pressurized water system, static water source or combination
thereof.
A.
Pressurized system. When electing to use a pressurized water distribution
system, the system shall be designed in accord with accepted engineering
practice.
B.
Static water sources. When electing to use a static water source,
the developer shall ensure that access to the water source is provided
within 1/2 mile road distance (not point to point) of any buildable
point within the subdivision. This may be met either through the use
of ponds, cisterns or a combination thereof. Access to the water source
shall be guaranteed with a recorded agreement between the owner of
the water source and the Township. Regardless of the type of static
source provided, the system shall be installed in compliance with
NFPA 1231, unless the Township requires different standards.
(1)
Static water sources shall be of sufficient capacity to provide an
uninterrupted flow of at least 1,500 gallons per minute for a two-hour
duration. Dry hydrants shall be installed in static water sources
and located as required to meet the one-half-mile requirement.
(2)
The dry hydrant shall be capable of supplying a 1,500 gallons-per-minute
pumper operating at 100% capacity at 150 pounds per square inch through
10 feet of six-inch suction hose. Dry hydrants shall be terminated
with a 45° dry hydrant head with six-inch male NST threads and
a cap. The center line of the head shall be three feet from the ground.
All piping used in the dry hydrant shall be schedule 80 PVC, with
a minimum diameter of eight inches. All exposed aboveground components
shall be primed with a PVC primer to prevent deterioration. The hydrant
head shall be connected to the piping with a tapered coupling.
(3)
The piping for the dry hydrant shall be installed a minimum of three
feet below the frost line and average ice depth of the water source.
The strainer shall be located below the surface of the water at a
depth that is greater than three feet below the average ice depth
of the water (and the water surface) and no less than two feet from
the bottom of the water source. The strainer shall have a cleanout
cap installed for maintenance. The vertical distance from the water
surface to the center line of the hydrant head shall not exceed 10
feet.
(4)
Adequate road access shall be provided as determined by the Township.
