[Ord. 3/29/1990B, § 800; as amended by Ord. No.
22-05, 5/5/2022]
1.
The standards and requirements outlined herein shall be considered
minimum standards and requirements for the protection of the health,
safety, and general welfare of the residents of New Hanover Township.
In addition, the Board of Supervisors reserves the right to require
standards in excess of the minimum requirements if warranted to protect
the health, safety, and general welfare of the community.
2.
The following principles, standards and requirements shall be applied in evaluating plans for a proposed subdivision or land development. The standards of Chapter 27, Zoning, for the particular district in which the subdivision or land development is taking place shall govern the layout of lots and/or design of buildings, parking lots and other facilities.
[Ord. 3/29/1990B, § 801; as amended by Ord. 97-7, 10/13/1997, § 802; and by Ord. No. 22-05, 5/5/2022]
1.
All portions of a tract being subdivided or developed shall be taken
up in lots, streets, public lands or other proposed uses, so that
remnants and landlocked areas shall not be created.
2.
In general, lot lines shall follow Township boundary lines rather
than cross them.
3.
Subdivisions and land developments shall be properly designed in order to prevent the necessity for excessive cut or fill. Subdivisions and land developments shall be laid out to come as close as possible to balancing cut and fill operations on site. A grading plan for the entire site shall be submitted in conformance with §§ 22-305 and 22-307. Plans shall be designed to avoid excessive disturbance of vegetation and movement of earth.
4.
No land shall be developed or plotted for residential purposes unless
all hazards to life, health or property including, but not limited
to, flood, fire and disease have been eliminated or unless the plans
provide adequate safeguard against such hazards without disturbing
the natural condition of the land.
5.
On lots less than two acres, land subject to flooding, streams, wetlands,
and wetland margins shall not be plotted for residential occupancy
and shall be excluded from the calculation of minimum lot area. Development
and disturbance of floodplain land areas shall be governed by additional
standards contained in this Part 8, the New Hanover Township Zoning
Ordinance, and the New Hanover Township Building Code.
6.
Where trees, groves, waterways, scenic areas, historic sites or other
community assets and landmarks are located within a proposed subdivision
or land development, every possible means to the fullest extent shall
be provided to preserve these features.
7.
Unless a permit is obtained from Pennsylvania Department of Environmental
Protection (PaDEP), discarded building material shall be disposed
of in a manner consistent with the applicable laws of the commonwealth.
Such material shall not be disposed of onsite but shall be taken to
a licensed disposal facility.
8.
The proposed subdivision or land development shall be coordinated
with the existing adjacent neighborhoods so that the community as
a whole may be developed harmoniously.
9.
The applicant shall construct, install, and guarantee, at no expense
to the Township or its authorities, all improvements required as part
of plan approval, including, but not limited to, streets, curbs, sidewalks,
trails, water and sewage facilities, stormwater management facilities,
street lights, fire hydrants, road signs, monuments, lot pins, utilities,
and shade trees.
[Added by Ord. No. 22-05, 5/5/2022]
1.
Comprehensive Plans. Proposals for land development or subdivision
shall be generally consistent with Pottstown Metropolitan Regional
Comprehensive Plan and New Hanover Township Comprehensive Plan 2040,
especially as to the use of land, intensity of development, transportation,
community facilities, and resource protection. Residential development
should also be consistent with the housing element of the plan. All
proposals should be located in areas designated for development in
the future land use plan element and be serviced by currently available
infrastructure or infrastructure that will be developed concurrent
with the development.
2.
Other Plans. Proposals shall be generally consistent with the appropriate
state, regional, county, and the municipally adopted comprehensive
plan and other plans. Where regional facilities are proposed in the
plan, such as highways, effort shall be made to preserve needed right-of-way
for future infrastructure projects in the proposed land development
or subdivision.
3.
Public Service Improvements. Proposals shall be consistent with the
location and timing of public service improvements, such as water
and sewage facilities, in accordance with the appropriate infrastructure
plans governing those facilities. In addition, the location of public
service facilities as outlined in a capital improvement program or
official map should be considered.
[Added by Ord. No. 22-05, 5/5/2022]
Proposed land developments and subdivisions should be designed
to address the opportunities and limitations present on a site and
its adjacent surroundings. The plan should use site opportunities
to enhance the overall quality of the development and lessen potential
negative impacts upon the site and the surrounding community. The
physical, social, and psychological needs of the users of the site
should be evaluated and appropriately incorporated into the final
subdivision layout or site design. The impacts of the proposed development
on the natural environment and surrounding land uses should be given
a high priority and made an integral part of the overall design for
the land development and subdivision. The following principles of
site organization should be considered:
1.
Site Improvement Layout. The buildings should be placed in consideration
with the site's topography, existing vegetation, and surrounding
land uses, taking into account energy conservation, solar access,
and pertinent natural features.
2.
Existing Natural Features. Existing natural features should be recognized
and integrated into the site layout. Natural features such as streams,
hillsides, wetlands, unique habitat, woodlands, and similar natural
resources should be considered strong design determinants and be incorporated
into the overall site plan to strengthen the unique quality of the
land.
3.
Open Space and Scenic Views. The placement of open space and preservation
of scenic views should be a fundamental design decision. Open space
lands should provide for a variety of benefits including recreation,
agriculture, natural resource protection, scenic views and vistas,
and buffers for site elements and land uses.
4.
Circulation. Movement within a site and access to the site should
be designed for the safety and convenience of various types of users.
Cross access between properties and joint access are encouraged to
improve circulation and improve access safety.
5.
Relationship to Surrounding Uses. The proposed design should complement
appropriate surrounding uses through building setbacks, buffers, and
separation of uses. Various potential negative impacts upon surrounding
land uses including noise, light, and loss of privacy should be mitigated.
6.
Health Hazards. The configuration of a subdivision or land development
should reduce risk or hazards to health, safety and wellbeing of future
users of the subdivision or land development and to the community
as a whole.
7.
Concept Development Plan. Where an applicant seeks approval for the
development of a portion of a tract with the intent that the remainder
would be developed at a future date, the applicant shall submit with
the initial application a concept development plan showing with specificity
the portion of the tract intended for current development and showing
in concept form the manner in which the balance of the tract might
be fully developed in conformance with Township regulations.
A.
The intent of such a submittal is to enable the Township to review
the basic site design concept, to advise the applicant and to assure
that the current development of the property properly anticipates
the future development.
B.
The concept development plan must present a comprehensive overview
of potential uses to which the property demonstrates conformance with
the current Township codes.
[Ord. 3/29/1990B, § 802; as amended by Ord. 93-3, 2/8/1993, § 29; by Ord. 17-03, 3/27/2017; and by Ord. No. 22-05, 5/5/2022]
1.
Lot Size and Width.
A.
Each lot shall comply with the minimum area and width requirements
of the Zoning Ordinance[1] and be generally sufficient in size and shape to adequately
accommodate the development or use proposed for it. Lots two acres
or larger that contain natural restrictions such as lands subject
to flooding, streams, wetlands, wetland margins, or other natural
features shall be made large enough to provide suitable area for the
intended use of the lot without requiring encroachment upon natural
amenities. Lots smaller than two acres with land subject to flooding,
streams, wetlands, and wetland margins shall not be plotted for residential
occupancy and shall be excluded from the calculation of minimum lot
area, per § 22-802.5.
B.
Lots with existing or planned public improvements such as fuel pipelines,
underground utility easements, stormwater detention basins, high-voltage
power lines, or other facilities should be sized to allow suitable
room for the intended use of the lot without requiring encroachment
on the public facilities or easements.
3.
Lot Frontage. Every lot shall have a minimum of 30 feet of frontage
along the right-of-way of a public, private, or common street. Sufficient
frontage is the minimum width required to site a driveway into the
property in accordance with the design requirements in this section,
the New Hanover Township Zoning Ordinance, and other appropriate state,
federal, and local regulations. Corner lots will meet lot frontage
requirements on two streets. Where feasible, lot lines shall follow
municipal boundaries rather than cross them.
4.
Through lots shall be deed restricted to limit access to the lower
order street.
5.
Lot Lines. Lot lines shall be drawn parallel, concentric, at right
angles, or radial to the street right-of-way line unless not feasible
or undesirable due to existing, permanent, natural or man-made features
or need for energy efficiency. Where possible, lot lines shall coincide
with abutting lot lines. Lot lines shall not cross streets. Generally,
lot corners of several lots should coincide.
6.
Lot Shape. Deep, narrow lots and wide, shallow lots are to be avoided.
The depth of a lot shall not exceed 2.5 times its width at the building
line. The depth and width of parcels intended for nonresidential uses
shall be adequate for the use proposed and sufficient to provide satisfactory
off-street parking, access, loading and unloading, setbacks, landscaping,
buffers, etc.
7.
Where feasible, lot orientation shall provide for proper solar access.
This is achieved by building placement with the long axis in a general
east-west direction.
8.
Reverse Frontage Lots. Reverse frontage lots may be used as an alternative to marginal access streets or normal lotting when the lots abut a collector street or street of a higher classification or has natural conditions along one street that prevents safe access. When reverse frontage lots are used, an additional 25 feet shall be added to the minimum rear yard setback abutting a collector street or street of a higher classification, to provide a landscaped buffer area in the rear yard in accordance with § 22-835.
9.
Rear or Flag Lots.
A.
Purpose of Rear or Flag Lots.
(1)
To permit reasonable subdivision of land which is physically
constrained by an unusual configuration of the tract or limited road
frontage, and which could not be subdivided in a desirable manner
using conventional streets and lot geometry.
(2)
To preserve farmland, woodland, scenic views, historic sites,
or other environmental amenities by locating buildings away from roads.
(3)
To avoid access to a collector street or a street of a higher
classification.
(4)
To avoid building an unnecessary road.
B.
Parts of a Rear or Flag Lot. Rear or flag lots shall be comprised
of two parts, the access strip and the body of the lot, in compliance
with the following standards:
(1)
The access strip shall be a minimum of 30 feet wide for its entire length unless the body of the flag lot is likely to undergo further subdivision in the future. If a flag lot is capable of subdivision in the future and is not deed restricted against further subdivision, the access strip must be at least 50 feet wide and be able to contain a road capable of meeting all appropriate public street and intersection standards contained in this Part 8. When an access strip is designed for a future road, a note shall be placed on the plan reserving the access strip for a future road; however, dedication is not required.
(2)
The access strip shall be a fee-simple part of the rear or flag
lot and shall not be a separate parcel or easement. This portion of
the lot shall not be used for any purpose other than the location
of an access driveway. Vehicle parking, sewage disposal systems, and
the development of any structures shall be specifically prohibited
in the access strip.
(3)
The body of a flag lot shall comply with all of the minimum
dimensional requirements of the zoning district in which it is located.
The area of the access strip shall not be counted toward the minimum
lot area requirement.
(4)
The front yard of the rear or flag lot shall be parallel to
the frontage street. In the event the access strip is proposed for
a future road, a second front yard for the purpose of establishing
setbacks shall be measured from the potential access road.
(5)
All minimum setback requirements in the applicable zoning ordinance
shall be increased by 25% in flag lots.
C.
Review Factors. Flag lots shall only be allowed when the Board of
Supervisors, based upon advice from the Township Planning Commission
and Township Engineer, has determined the following:
(1)
Flag lots would enhance the rural character of their proposed
location.
(2)
The minimum number of flag lots needed are being proposed. Further
subdivision of flag lots shall not be permitted.
(3)
The access would allow for the minimum safe sight distance criteria
to be met for the driveway and/or local road requirements, depending
on the total number of lots.
(4)
The use of flag lots will result in saving trees, avoiding steep
slopes, and preserving floodplain, wetlands, agricultural lands, and
other environmental features, if present.
(5)
Flag lots would provide a positive fiscal economic impact on
the municipality by limiting future road maintenance.
D.
Design Standards for Flag Lots.
(1)
Any access strip that is shared by three or more lots shall be designed to meet the Township's new residential street requirements. All other access strips shall be designed to meet the Township's driveway standards. Compliance with the Township driveway and/or new residential street standards in § 22-819 and 22-816, respectively, are to be followed.
(2)
The length of the access strip shall be kept to a minimum. As
a guide, the preferred length is approximately equal to the depth
of one lot which complies with the minimum lot width and area requirements
of the district in which it is located. No access strip shall exceed
two times the lot depth described above, unless the primary purposes
of the additional length are to preserve farmland or other land for
preservation of agriculture or rural character, by locating new development
remote from road frontage.
(3)
The location of the access strip should be logical relative
to the body of the rear lot, surrounding lot configurations, and natural
features of the land, and it shall intersect the public street at
a safe, visible location.
(4)
Turns greater than 120° or with a radius less than 150 feet
and vertical grades in excess of 10% are prohibited in access strips.
It may be necessary to widen the access strip at such sharp turns
and steep slopes to accommodate grading, drainage, tree preservation,
or emergency vehicles. Access strips that may become future roads
shall be configured to accommodate horizontal curves required for
roads. Emergency vehicle turning templates shall be provided to verify
that emergency access can be provided. As part of this, a vertical
profile for the entire driveway length shall be provided to ensure
that the emergency vehicle or other vehicles utilizing the driveway/access
will not have issues.
(5)
Driveways with access strips shall be paved from the edge of road pavement to a distance commiserate with the required stopping space per § 22-819.
(6)
Joint driveways are permitted among both front and rear lots.
No more than two access strips may abut each other. Each pair of access
strips must share a common access point and driveway from the edge
of pavement to a distance of at least 50 feet beyond the ultimate
right-of-way line of the road, from which point either one common
driveway or two individual driveways may continue. The shared portion
shall be a minimum of 16 feet wide. Shared portions of driveways may
be wider where access is taken from collector streets or streets of
a higher classification.
(7)
Access points to flag lots, whether single or paired, shall
be separated by at least 100 feet as measured along the right-of-way
from all other existing and/or proposed driveways when providing access
to two or less lots and the minimum intersection spacing when serving
three or more lots. Separation distance shall be measured from the
center point of the nearest access strips unless specific driveway
access points have been clearly established.
(8)
No more than one "tier" of flag lots shall be permitted on a
tract. In other words, a flag lot may not be located behind another
flag lot.
(9)
In a subdivision of five or more lots, flag lots may comprise
no more than 15% of the total number of lots, rounded to the nearest
whole number.
(10)
Flag lots are not permitted to gain access from an existing
or proposed single-access street.
(11)
The access strip must serve as the primary access point for
the lot unless a common drive or access is gained through an easement
at a safer and less environmentally damaging location.
[Added by Ord. No. 22-05, 5/5/2022]
1.
The ideal block length measured along the building frontages is 1,000
feet. The minimum block length shall be 400 feet and the maximum block
length shall be 1,600 feet unless the zoning ordinance specifies different
minimum and/or maximum lengths.
2.
When reverse lots are used, the block width shall be in accordance
with the reverse frontage lot standards in § 22-805.8.
3.
Blocks should be designed to continue New Hanover Township's
existing street pattern and provide efficient, convenient, and safe
pedestrian and vehicular circulation.
4.
Blocks should be designed to reflect natural features that may constrain
subdivision and land development. Unless a watercourse is located
along the rear of lots in the block, drainage should be away from
the interior of the block toward the abutting streets.
5.
Where blocks are longer than 1,000 feet, pedestrian crosswalks may
be required in locations deemed necessary by the Board of Supervisors
and/or Township Traffic Engineer. These mid-block crosswalks shall
then be designed in accordance with PennDOT's Publication 46
requirements, as amended, as well as the Township's requirements
for ADA curb ramps.
[Ord. 3/29/1990B, § 803; as amended by Ord. 97-7, 10/13/1997, § 804; and by Ord. No. 22-05, 5/5/2022]
1.
Widths and locations of easements and rights-of-way shall be determined
by the Township Engineer or the appropriate authority or utility company
for all utilities, including stormwater facilities. The location and
design of the utilities shall be governed by the requirements herein.
A.
General Standards.
(1)
Easements and required front, side or rear yards may co-occupy
the same land as utilities.
(2)
Nothing shall be permitted to be placed, planted, set or put
within the areas of an easement unless it is a portable or removable
object. The area shall be kept as lawn.
(3)
The owner of any lot, upon written request by the Township and
at the owner's sole expense, shall remove anything placed, planted,
set or put within an area of any easement.
(4)
To the fullest extent possible, easements shall be adjacent
to rear or side lot lines and occupying only a portion of one lot,
rather than being centered on two lots.
B.
All easements and rights-of-way, including descriptions of any restrictions
thereof, shall be shown on the record plan and shall be recited in
a deed for each and every property describing the subject area. Any
error found in a deed shall be immediately corrected and re-recorded
in the office of the Recorder of Deeds for Montgomery County at Norristown,
Pennsylvania, at the sole expense of the applicant.
C.
Utility Easements. A minimum width of 20 feet shall be provided for
common utilities and drainage when provided in undedicated land for
one use. Multiple utility uses within one easement require additional
easement width.
D.
Public Utilities. All water, sewer, and gas mains and other underground
facilities shall be installed prior to street paving at locations
approved by the Township Engineer.
E.
Underground Utilities. All water, sewer, and gas mains shall be installed
underground. All electric, telephone and communication services, both
main and service lines, shall be provided by underground cables, installed
in accordance with the prevailing standards and practices of the utility
or other companies providing such services, except where it is demonstrated
to the satisfaction of the Board of Supervisors that underground installations
herein required are not feasible because of physical conditions of
the lands involved. All main underground cables which are within the
right-of-way of a street shall be located as specified by the utility
company, subject to approval by the Board of Supervisors, upon recommendation
of the Township Engineer.
(1)
In order to promote and facilitate the underground installation
of utility distribution lines, a letter of endorsement shall be required
from the suppliers of utility service (not limited to electrical,
telephone, or cable television) of the developer's choice wherein
the applicant acknowledges that underground utilities are feasible
and shall be consummated as part of the improvement plan.
(2)
A statement relative to the intent of the developer to provide
underground utility service shall be placed on the final plan requisite
to final approval of the plan.
(3)
The provisions in this chapter shall not be construed as to
limit or interfere with the construction, installation, operation,
and maintenance of public utility structures or facilities which may
hereafter be located within public easements or rights-of-way designated
for such purposes.
(4)
Light standards are to be placed as required by Ordinance. Power
source for such standards shall be placed underground, as required.
(5)
Along arterial and collector roads, all new electrical service
shall be placed underground.
F.
Access easements shall be provided where there are common driveways
or shared access arrangements.
G.
Where a subdivision or land development is traversed by a watercourse,
there shall be provided a drainage easement or right-of-way conforming
substantially with the line of such watercourse and of such width
as will be adequate to preserve natural drainage but not less than
20 feet, or as may be required or directed by the Township and/or
the Department of Environmental Protection. The owner shall properly
grade and stabilize slopes and fence any open ditches when it is deemed
necessary by the Township.
I.
Where trail easements are provided across private lots, a method
of physically delineating the trail easement shall be provided. Such
methods shall include shrubbery, trees, markers or other methods acceptable
to the Township.
J.
There shall be a minimum distance of 50 feet, measured in the shortest
distance, between any proposed dwelling and any petroleum products
or natural gas transmission line.
K.
Sanitary sewer lines shall be placed in the public street cartway
except where permitted in an easement by the Township Board of Supervisors
and the Township municipal authority.
[Ord. 3/29/1990B, § 804; amended by Ord. No. 22-05, 5/5/2022]
1.
Minimal Grading. Grading shall be limited to the minimum amount of
disturbance of soil or natural topography.
2.
Topsoil Protection. The topsoil that existed naturally on-site prior
to subdivision or land development shall be managed in the following
way:
A.
In areas to be graded, the topsoil shall be stripped off and stockpiled
on site and only in accordance with the erosion and sediment (E &
S) control plan.
B.
Following construction, the stockpiled soil shall be screened and
redistributed uniformly on site to a minimum depth of eight inches
and suitably stabilized by vegetation.
C.
Any topsoil in excess of soil needed for reestablishment of eight
inches depth in areas of the site that will not be paved may only
be removed from the site provided that written authorization has been
obtained from the Township Engineer, and provided that said soil to
be removed has been documented and proven to be composed of clean
fill. Said soil to be removed shall not be resold, and all attempts
shall be made to relocate to a location within the Township, as specified
by the Township Engineer.
3.
Grading. All permanent and temporary cutting, filling, grading, regrading,
and/or other forms of earthmoving activities shall be known as "grading"
and shall be conducted only in compliance with the standards as described
below.
A.
All grading shall be set back from property lines a minimum of five
feet or a greater distance, as determined by the Township Engineer,
to prevent any adverse effects on adjacent properties.
B.
No permanent excavation shall be made with a cut face steeper in
slope than 3:1. For steeper slopes, a soils report prepared by a qualified
engineer or geologist experienced in performing such studies and registered
in the Commonwealth of Pennsylvania shall be prepared to document
the soil stability.
C.
Wherever grading will increase the volume or velocity of stormwater
flow toward a property line, the applicant shall install and maintain
drainage facilities sufficient to prevent adverse effects on the adjoining
property. The construction and operation of these drainage facilities
shall not cause any adverse effects on abutting properties.
D.
Within the property proposed for development or along property lines,
where grading creates an abrupt drop-off in contrast to a previously
existing gradual change or where a wall is being installed, the applicant
shall be required to install a fence or other suitable protective
barrier.
E.
A permit shall be required for grading operations. Permits shall
be issued by the Zoning Officer upon recommendation of the Township
Engineer for each tract, lot, parcel, or site which comprises a separate
operation, unrelated to or not contiguous with nearby grading proposed
or performed by the applicant. A permit shall not be required in the
following situations, however:
(1)
For an excavation that does not exceed 10 cubic yards total
material removed.
(2)
For a fill that does not exceed 10 cubic yards of material deposited.
(3)
For an excavation below finished grade for basements and footings
for a single-family detached or two-family dwelling, swimming pool,
or underground structure authorized by building permits, excavation
for a driveway for a single-family detached or two-family dwelling,
or the regrading of such excavated materials into the site from which
they were excavated.
F.
Blocks and lots shall be graded to secure proper drainage away from
buildings and to prevent ponding of stormwater, except in detention/retention
areas.
G.
Burying of trees, stumps or construction materials is prohibited.
Trees and stumps may be chipped or ground and spread on the site.
[Ord. No. 18-04, 7/23/2018; Ord. No. 18-05, 10/4/2018; as amended by Ord. No. 22-05, 5/5/2022]
1.
For all dwelling units and buildings proposed to be provided with
basements or any type of structure below grade areas, the groundwater
elevation, perched water tables, or seasonally high groundwater elevation
(as indicated by the presence of redoximorphic features or other indicators
acceptable to the Township Engineer) within the building envelope
for the lot(s) where the dwelling units and buildings are proposed
to be constructed shall be identified and provided to the Township
with the preliminary and final plans. The groundwater elevation, perched
water table(s), and seasonally high groundwater elevation shall be
determined for each dwelling unit or building by on-site testing completed
prior to the preliminary plan submission. The test results shall be
certified by a qualified professional engineer, soil scientist, or
other professional who is acceptable to the Township.
2.
Test excavations are subject to observation by a representative from
the Township. The Township is to receive notice of testing at least
72 hours' prior to the testing. The means of testing shall be
approved by the Township; such means shall not destroy the redoximorphic
features of the test area.
3.
All basements and below grade areas (finished floor elevation) shall
be set a minimum of six inches above the perched water table, groundwater
elevation, or seasonally high groundwater elevation, whichever is
closest to the surface of the land.
4.
The Township may require that an on-site inspection and testing be
conducted to determine if hydric soils and soils with hydric components
exist where a street is proposed, to determine if such soils may adversely
affect the proposed street(s). Streets within or on hydric soils or
soils with hydric components are prohibited.
[Ord. 3/29/1990B, § 806; as amended by Ord. 97-7, 10/13/1997, § 807; by Ord. No. 22-05, 5/5/2022; and by Ord. No. 22-08, 12/1/2022]
1.
General.
A.
All subdivision and land development plans shall include methods
to withhold and release stormwater at a controlled rate.
B.
Properties shall be graded to ensure proper surface drainage away
from buildings and to promote the collection of stormwater in conveyance
systems per design. Minimum 2% slopes away from structures shall be
required.
C.
The stormwater management system shall be designed in accordance
with all current and applicable Township stormwater management ordinances
and the Pennsylvania Best Management Practices Manual.
D.
Existing natural stormwater drainage systems shall be preserved and
incorporated into the overall site stormwater management system.
E.
New stormwater conveyance and control devices shall be designed to
be compatible with natural site conditions.
F.
Maintenance of Stormwater Facilities. Prior to the granting of final
approval of any subdivision or land development plan, the Township
must be satisfied through contractual arrangements that all stormwater
facilities will be properly maintained. If all or a portion of the
facilities will be on property which will be conveyed to an individual
homeowners' association or any other eventual owner, the guarantees
must be in such a form that they will carry through to the new owners.
The approved post-construction stormwater management plan shall be
recorded with the Montgomery County Recorder of Deeds, along with
all maintenance requirements for the same.
G.
Storm sewers, culverts and related installations shall be provided:
(1)
To permit unimpeded flow of natural watercourses and in such
a manner as to protect the natural character of the watercourses and
to provide regulated discharge.
(2)
To ensure adequate drainage of all low points along the line
of streets, sidewalks, trails, and bicycle facilities.
(3)
To intercept stormwater runoff along streets at intervals reasonably
related to the extent and grade of the area drained and to prevent
substantial flow of water across intersections.
H.
Storm sewers, as required, shall be placed in the cartway of curbed
streets and parallel to the roadway shoulders of streets without curbs.
When located in undedicated land, with approval by the Township Board
of Supervisors, storm sewers shall be placed within an easement not
less than 20 feet wide.
I.
Manholes shall be spaced not more than 300 feet apart on pipe sizes
up to and including 24 inches in diameter, and not more than 450 feet
apart for pipe sizes greater than 24 inches in diameter. Inlets may
be substituted for manholes, on approval by the Township Engineer,
at the same spacing as required for manholes. In no case shall inlets
or manholes be spaced more than 450 feet apart. Manholes or inlets
shall be provided at all changes of direction of storm sewer piping.
Storm manholes shall have a minimum opening of 30 inches. Manholes
or inlets shall be provided at all changes of direction of storm sewer
piping.
J.
Manholes, inlets, headwalls and endwalls proposed for dedication
or located along streets or subject to vehicular traffic shall conform
to the requirements of the PennDOT, Bureau of Design, "Standards for
Roadway Construction," in effect at the time the design is submitted,
or as otherwise modified by New Hanover Township. Manhole covers shall
have the word "storm" cast in two-inch-high letters on the top of
the cover.
K.
Stormwater roof drains and sump pumps shall not discharge water directly
onto a sidewalk or a street and shall be constructed to retain all
discharge wholly on the property except where such drainage can be
conveyed to a storm sewer system.
L.
Drainage structures which drain watershed areas in excess of 1/2
square mile (320 acres), or which have a span of eight feet or more,
shall be designed for a maximum expected runoff as calculated using
the Soil Conservation Service Technical Release 55, Urban Hydrology
for Small Watersheds (less than 2,000 acres). The design storm shall
be a minimum fifty-year storm. A 100-year storm shall be used if the
structure will significantly affect the 100-year floodplain. A water
obstruction permit shall be obtained from the Pennsylvania Department
of Environmental Protection for all waterway openings prior to final
plan approval.
M.
Headwalls and endwalls shall be used where stormwater runoff enters
or leaves the storm sewer horizontally from a natural or man-made
channel. PennDOT Type "DW" headwalls and endwalls shall be utilized.
The upstream endwall shall be provided with a slanted, hinged trash
rack. Flared end sections (FES) are recommended for all pipe inlets
and outlets with a pipe diameter equal to or less than 24 inches.
Endwalls with a height (top of wall to invert of pipe) greater than
three feet shall be faced with stone or an approved material and shall
include a safety fence at the top of the headwall consisting of a
split rail and wire mesh fence (three rails with a minimum height
of four feet).
2.
Storm Sewer Design.
A.
Storm Frequency.
(1)
Design Flow Rate. The storm drainage system shall be designed
for 100 years in all residential subdivision or land developments
where the gross density is less than six dwelling units per acre and
100 years in all other subdivisions or land developments, unless otherwise
specified by the Township Engineer. Rainfall intensity curves and
other hydraulic design data, provided by the Pennsylvania Department
of Transportation and/or Soil Conservation Service, shall be used
for design purposes. The design year peak flow rate into each inlet
shall be indicated on the stormwater drainage plan. The flow rate
shall be determined by the Rational Formula Q = CIA.
|
Where:
| ||
|
Q
|
=
|
Peak runoff rate measured in cubic feet per second (cfs)
|
|
C
|
=
|
Runoff coefficient-the coefficient of stormwater runoff includes
many variables, such as ground slope, ground cover, shape of drainage
area, etc.
|
|
I
|
=
|
Intensity-average rainfall intensity in inches per hour for
a time equal to the time of concentration
|
|
A
|
=
|
Area-drainage area in acres
|
B.
Storm Duration.
(1)
A five-minute storm duration shall be used if the duration does
not result in a maximum expected discharge that exceeds the capacity
of a fifteen-inch pipe.
(2)
If a five-minute storm duration results in a pipe size exceeding
15 inches, the time of concentration approach shall be used in determining
storm duration.
C.
D.
Swales Adjacent to Shoulders.
(1)
When swales are provided in cut areas, the water shall not encroach
upon the roadway area during a ten-year-frequency storm.
E.
Curbed Sections. The maximum encroachment of water on the roadway
pavement shall not exceed four inches in depth at the curbline during
a ten-year-frequency storm. Inlets shall be provided to control the
encroachment of water on the pavement.
F.
Inlets.
(1)
When there is a change in pipe size in the inlet, the elevation
of the top of pipes shall be the same or the smaller pipe higher.
A minimum drop of two inches shall be provided at the inlet pipe invert
elevation and the outlet pipe invert elevation.
(2)
If the capacity of the shoulder, swale, curb section or depressed
median section is less than the inlet capacity, the shoulder, swale,
curb section or depressed median section capacity shall govern inlet
spacing.
(3)
Inlet capacities shall be based on a maximum flow of five cubic
feet per second.
G.
Storm Pipes.
(1)
To facilitate the solution of Manning's Equation as applied
to storm pipes, charts are presented in "Design Charts for Open Channel
Flow," prepared by the U.S. Department of Commerce, which permit a
direct determination of the capacity of circular pipes. The hydraulic
grade line of flow in the storm sewer system shall result in at least
1.0 foot of freeboard in all inlets and manholes.
(2)
Where headroom is restricted, equivalent pipe arches may be
used in lieu of circular pipe.
(3)
Storm sewer pipes other than those used as roof drains, detention
basin underdrains, and street subbase underdrains shall have a minimum
diameter of 15 inches and be made of reinforced concrete pipe or HDPE.
Where installation conditions merit, structural calculations that
address the actual design requirements will be required. The minimum
diameter of storm pipe shall be 15 inches.
(4)
Inlets or manholes shall be placed at changes in vertical or
horizontal direction of pipe.
(5)
Pipe shall be designed with a slope such that the minimum velocity
of 2 1/2 feet per second will be attained; however, the slope
shall not be less than 0.5%.
(6)
All pipes shall be designed to have a minimum of 18 inches of
cover over the bell of the pipe.
(7)
Separate storm sewer system pipes shall enter and exit the sides
of inlet boxes and shall not encroach into the corners. A maximum
skew angle of 45° is permitted for all pipes.
[Ord. 3/29/1990B, § 807; as amended by Ord. 93-3, 2/8/1993, § 33; by Ord. 97-7, 10/13/1997, § 808; and by Ord. No. 22-05, 5/5/2022]
1.
General Provisions and Compliance.
A.
No changes shall be made to the contour of the land, and no grading,
excavating, reconstruction of the topsoil, trees or other vegetative
cover of the land shall be commenced until such time as a plan for
minimizing erosion and sedimentation has been processed and reviewed
by the Township Planning Commission, the Montgomery County Conservation
District and the Board of Supervisors.
B.
Approval of the Board of Supervisors of all preliminary and/or final
plans of subdivision and land development does not relieve the developer
of his obligation to execute the erosion and sediment control measures
as contained in this chapter.
C.
When required, final approval of plans and specifications by the
County Conservation District for the control of erosion and sedimentation
shall be concurrent with the approval of the plans of subdivision
or land development, and become a part thereof. Final plans for minimizing
erosion and sedimentation as approved will be incorporated in the
agreement and development escrow requirements as required by the Township.
D.
At the time a building permit is applied for, a review shall be conducted
by the Township Engineer to insure conformance with the plan as approved.
During construction, further consultative technical assistance will
be furnished, if necessary, by the Montgomery County Conservation
District. During the development phase, the Township Engineer, Township
Code Enforcement Officer or Soil Conservation Service representative
shall inspect the development site and enforce compliance with the
approved erosion and sediment control plans.
2.
General Performance Standards.
A.
Measures used to control erosion and reduce sedimentation shall,
as a minimum, meet the standards and specifications of the Montgomery
County Conservation District. In cases where the Montgomery County
Conservation District does not have standards and specifications for
erosion and sedimentation control, other known and commonly accepted
standards and specifications may be used as approved by the Township
Engineer.
B.
The following measures to minimize erosion and sedimentation shall
be included where applicable in the control plan:
(1)
Stripping of vegetation, regrading or other development shall
be done in a way that will minimize erosion.
(2)
Development plans shall preserve salient natural features, keep
cut and fill operations to a minimum, and ensure conformity with topography
so as to create the least erosion potential and adequately control
volume and velocity of surface water runoff.
(3)
Whenever feasible, natural vegetation shall be retained, protected
and supplemented.
(4)
The disturbed area and the duration of exposure shall be kept
to a practical minimum, but shall not exceed 20 days. Areas disturbed
between October 15 and April 15 shall be stabilized by placement of
sod or other means acceptable to the Township.
(5)
Temporary vegetation and/or mulching shall be used to protect
all exposed areas during development.
(6)
The permanent (final) vegetation shall be installed immediately
upon spreading of topsoil in the development.
(7)
Provisions shall be made to accommodate effectively the increased
runoff caused by changed soil and surface conditions during and after
development within and around the site. Where necessary, the rate
of surface water runoff shall be mechanically slowed.
(8)
Sediment in the runoff water shall be trapped until the disturbed
area is stabilized by the use of debris basins, sediment basins, silt
traps or similar measures.
3.
Site Grading for Erosion Control. In order to provide more suitable
sites for building and other uses, improve surface drainage and control
erosion, the following requirements shall be met:
A.
All lots, tracts or parcels shall be graded to provide proper drainage
away from buildings and dispose of it without ponding. All land within
a development shall be graded to drain and dispose of surface water
without ponding, except where ponding (detention basins, etc.) is
part of the stormwater management plan for the site.
B.
Concentration of surface water runoff shall be permitted only in
swales, watercourses or detention basins. Subject to the approval
of the Township Engineer, swales shall be sodded, utilize jute matting
or other similar measures to insure establishment of ground cover.
C.
Grading shall in no case be done in such a way as to increase stormwater
runoff and/or velocity of stormwater runoff onto the property of another
landowner.
D.
During grading operations, necessary measures for dust control must
be exercised.
E.
Grading equipment will not be allowed to cross streams. Provisions
shall be made for the installation of temporary culverts and bridges.
F.
Tire cleaning areas shall be provided and maintained at each point
of access to the development site.
4.
Excavations and Fills.
A.
No excavation shall be made with a cut face steeper than three horizontal
to one vertical, except under one or both of the following conditions:
(1)
The material in which excavation is made is sufficiently stable
to sustain a slope of steeper than three horizontal to one vertical.
A written statement to that effect from an engineer licensed by the
Commonwealth of Pennsylvania and experienced in erosion control shall
be submitted to the Township Engineer for approval. The statement
shall affirm that the site has been inspected and the deviation from
the slope will not result in injury to persons or damage to property.
(2)
A concrete, masonry or other approved retaining wall constructed
in accordance with appropriate standards is provided to support the
face of the excavation.
B.
Edges of slopes shall be a minimum of five feet from property lines
or right-of-way lines of streets in order to permit the normal rounding
of the edge without encroaching on the abutting property.
C.
Adequate provisions shall be made to prevent surface water from damaging
the cut face of excavations and the sloping surfaces of fills.
D.
Cut and fill shall not endanger adjoining property.
E.
Fill shall be placed and compacted so as to minimize sliding or erosion
of the soil.
F.
Fills shall not encroach on natural watercourses or constructed channels.
G.
Fills placed adjacent to natural watercourses or constructed channels
shall have suitable protection against erosion during periods of flooding.
5.
Responsibility.
A.
Whenever sedimentation is caused by stripping of vegetation, regrading
or other development, it shall be the responsibility of the person,
corporation or other entity causing such sedimentation to remove it
from all affected surfaces, drainage systems and watercourses on and
off-site, and to repair any damage at his expense as quickly as possible.
B.
Maintenance of all drainage facilities and all watercourses, both
existing and proposed, within any proposed subdivision or land development
shall be the responsibility of the developer until such time as one
of the following is accomplished:
(1)
An easement for these facilities is offered for dedication by
the developer and is accepted by the Township; it shall then be the
responsibility of the owner.
(2)
If an easement acceptable to the Township is established, but
not dedicated to the Township, the maintenance shall then be the responsibility
of the individual lot owners over whose property the easement passes.
For land developments, the maintenance shall be the responsibility
of the owner.
(3)
A homeowners' association or other approved legal entity,
approved by the Township, assumes the responsibility for the maintenance
of the development, including the maintenance of the watercourses
and/or drainage facilities.
C.
It is the responsibility of any person, corporation or other entity
doing any work on or across a stream, watercourse or swale or upon
the floodplain or right-of-way during the period of work to return
it to its original or equal condition after such activity is completed.
D.
No person, corporation or other such entity shall block, impede the
flow of, alter, construct any structure or deposit any material or
thing or perform any work which will affect normal or flood flow in
any communal stream or watercourse without having obtained prior approval
from the Township and/or Department of Environmental Protection, whichever
is applicable.
E.
Each person, corporation or other entity which makes any surface
changes shall be required to:
(1)
Collect onsite surface runoff and control it to a point of discharge
into the natural watercourse of the drainage area.
(2)
Control existing offsite runoff through his development by designing
it to adequately control all upstream runoff.
(3)
Provide and install at his expense, in accordance with Township
requirements, all drainage and erosion control improvements (temporary
and permanent) as required by the approved erosion and sediment control
plan.
[Ord. 3/29/1990B, § 808; as amended by Ord. 99-3, 6/28/1999, § 07; by Ord. 06-02, 1/30/2006, § 1; by Ord. 12-03, 6/19/2012, §§ 2, 3; by Ord. 12-05, 10/8/2012, §§ 2, 3; and by Ord. No. 22-05, 5/5/2022]
1.
Proposed streets shall conform in all respects to Township plans,
specifically the New Hanover Township Comprehensive Plan, or to such
other street plans or parts thereof as have been officially prepared
and adopted by the Township.
2.
Proposed streets shall further conform to such county and state street
and highway plans as have been prepared, adopted and/or filed as prescribed
by law.
3.
If lots resulting from the original subdivision are large enough
to permit resubdivision, or if a portion of the tract is not subdivided,
adequate street rights-of-way to permit further subdivision shall
be provided.
4.
Streets that are extensions of, or obviously in alignment with, existing
streets shall bear the names of the existing streets. Street names
shall not be repeated within the Township or the Zip Code area. All
houses shall receive address numbers. All street names and address
numbers shall be subject to approval by the Board of Supervisors and
the United States Postal Service.
5.
Single-access streets are prohibited. For consideration of a waiver
of this item, the applicant shall demonstrate via an alternative plan
that it is not feasible to provide for future connections and/or any
way to reconnect to a through street via the topography or shape of
the parcel(s).
6.
Private streets shall be designed and constructed in conformance
with all design and engineering regulations of the Township Code for
public streets. Whenever dedication of a street is not accepted by
the Board of Supervisors, the applicant shall submit, and record with
the plan, a covenant addressing the ownership, access rights, and
maintenance responsibilities for that street.
7.
Wherever a tract to be subdivided or developed borders on an existing
half or partial street, the other part of the street shall be platted
within such tract.
8.
Any applicant whose property encroaches within the legal right-of-way
of a state highway is required to obtain a highway occupancy permit
from the Pennsylvania Department of Transportation.
9.
Any applicant whose property encroaches within the legal right-of-way
of a county-owned road is required to obtain a highway occupancy permit
from Montgomery County Roads and Bridges.
10.
Streets shall conform to existing topography to assure reasonable
grades, alignment, and drainage, appropriate access to lots, and to
minimize regrading and removal of vegetation. Streets shall be so
arranged as to be generally parallel to, rather than cross, contour
lines, and prevent the necessity for excessive cut and fill. Streets
shall be laid out to avoid hazardous areas such as floodplains, steep
slopes and other hazardous natural features.
11.
Local roads (streets) shall be so designed to encourage connectivity
across parcels, while discouraging through traffic between higher
order streets. However, the arrangement of streets of higher classification
shall provide for the continuation of existing or platted streets
or for proper access to adjoining undeveloped tracts.
[Ord. 3/29/1990B, §§ 809; as amended by Ord.
No. 22-05, 5/5/2022]
1.
Following a recommendation from the Township Planning Commission
and Township Engineers, the Board of Supervisors may require stub
streets or temporary cul-de-sac streets to be provided where the site
abuts undeveloped land and future vehicular connectivity is desirable.
2.
The length shall be designed in accordance with cul-de-sac street
standards.
3.
The width and other road improvements of stub streets or temporary
cul-de-sac streets shall generally conform to the future functional
classification of the roadway once it is fully connected. The right-of-way
shall be granted to the Township and vacated to the adjoining property
owners upon the extension of the street.
A.
Stub streets and temporary cul-de-sac streets shall be provided with
a vehicular turnaround that meets cul-de-sac street standards.
B.
Stub streets and temporary cul-de-sac streets shall be constructed
to the property line in accordance with the standards of this Part
8 applicable to the classification of streets it will be upon extension.
4.
The area to be extended to the adjacent parcel shall be graded to
allow for the future connection of the parcels. No retaining walls
or other structural features are permitted where the roadway is to
be extended.
5.
Concrete curbing as required shall be installed completely around
the circumference of the turn-around area and proper provisions shall
be made for surface drainage.
6.
Upon the extension of the street beyond the temporary easement, the
developer of the street extension shall go onto the land of the turn-around
and remove the curbing and road construction and construct new curbing
and roadway to the alignment of the street as extended. The developer
shall completely remove all concrete, stone base and asphaltic surfacing
from behind the new curb, backfill the area to within six inches of
the final grade, fill the remainder with topsoil and seed the area.
The developer shall also extend the private drives, if any, to the
new curb position using the same construction as the undisturbed part
of the drive and relocate any fence, mailbox, or other features within
the lot to align with the new roadway.
[Ord. 3/29/1990B, § 810; as amended by Ord. 93-3, 2/8/1993, §§ 34, 35;
and by Ord. No. 22-05, 5/5/2022]
1.
A.
Cul-de-sac streets shall be a minimum of 250 feet long and shall
not exceed 800 feet in length. Measurement of the length shall be
made from the centerline of the abutting through road or point of
intersection with another cul-de-sac to the centerline of the turnaround,
measured along the cul-de-sac street's centerline. A permanent
or temporary cul-de-sac exceeding 800 feet in length may be approved
by the Board of Supervisors only if the conditions of the tract relating
to such items as topography and tract configuration warrant a longer
cul-de-sac street.
B.
Cul-de-sac streets shall have as the closed end a turn-around having
a minimum paving radius of 40 feet and a right-of-way having a minimum
radius of 50 feet. In no event shall the distance between the edge
of paving and right-of-way line be less than 10 feet. Truck turning
templates are required to verify that the largest emergency vehicle
serving the Township, design vehicle for the site, and any other delivery
vehicles can turn around within the cul-de-sac street without interfering
with any vehicles parked within the cul-de-sac street, if on-street
parking is permitted within the cul-de-sac street. If the paved radius
of the cul-de-sac street is increased, the radius of the right-of-way
must also be increased by the same amount and a center curbed landscape
island provided at the discretion of the Township Engineer. The center
curbed landscape island shall then be owned and maintained by one
of the lot owners or a community association approved by the Board
of Supervisors.
C.
As an alternative to a fully paved cul-de-sac, the center of the
cul-de-sac may be provided with a planted island which shall be owned
and maintained by one of the lot owners, or a community association
approved by the Board of Supervisors. The cul-de-sac shall be provided
with a paved cartway having an outer paving radius of 50 feet and
a minimum width of 20 feet and a one-way traffic pattern. The right-of-way
shall have a minimum radius of 60 feet and a maximum radius of 65
feet. Truck turning templates are required to verify that the largest
emergency vehicle serving the Township, design vehicle for the site,
and any other delivery vehicles can turnaround within the cul-de-sac
street without interfering with any vehicles parked within the cul-de-sac
street, if on-street parking is permitted within the cul-de-sac street.
D.
Drainage of cul-de-sac streets shall preferably be toward the open
end. If drainage is toward the closed end, water shall be conducted
away in an underground storm sewer or other means approved by the
Township.
E.
The longitudinal centerline grade on a cul-de-sac street shall not
exceed 5% grade across the turnaround.
F.
Residential cul-de-sac streets, permanently designed as such, shall
not provide access to more than 10 dwelling units unless an emergency
access can be provided.
G.
A permanent easement for snow removal shall be required within the
cul-de-sac bulb. The easement shall have a minimum length along the
right-of-way line of 40 feet and a depth of 15 feet. When curbing
is required, a curb depression shall also be placed in this easement
area. No shrubbery, fence, mailbox, or any other obstruction shall
be placed within the easement to hinder the placement of snow. This
area shall be delineated with no parking signs and retroreflective,
flexible delineator posts shall be installed in ten-foot increments
along the entire length of the easement area at the maximum depth.
H.
"No Outlet" (W14-2) signs shall be installed at the entry point to
all cul-de-sac streets.
I.
The extension of existing and/or proposed cul-de-sac streets to another
cul-de-sac street is prohibited.
[Ord. 3/29/1990B, § 811; as amended by Ord. 93-3, 2/8/1993, §§ 36, 37;
by Ord. 99-3, 6/28/1999, §§ 08, 09; by Ord. 06-01, 2/13/2006, § 1; by Ord. 12-03, 6/19/2012, § 6; by Ord. 12-05, 10/8/2012, § 6; and by Ord. No. 22-05, 5/5/2022]
1.
Standards.
A.
The following standards apply to existing streets:
|
Minimum Cartway Requirements
| |
|---|---|
|
Street Classification
|
Cartway
(feet)
|
|
Arterial
|
(1)
|
|
Collector
|
30
|
|
Local roads/residential streets
|
28
|
|
Marginal access streets
|
24
|
|
Local roads
| |
|
One-way alley
|
12
|
|
Two-way alley
|
16
|
|
Private roads
|
(2)
|
|
NOTES:
| |
|
(1)
|
Roadways owned by PennDOT and/or Montgomery County Roads and
Bridges shall be subject to any right-of-way requirements deemed necessary
by those entities.
|
|
(2)
|
Private road shall be designed to meet the Township's local
roads/residential street standards.
|
B.
The cartway width shall be increased by 16 feet where on-street parking
is provided along both sides of the existing street. Where on-street
parking is proposed along collector streets, the parking area shall
be delineated. No on-street parking shall be permitted along arterials.
C.
However, no right-of-way is required where a marginal access street
is part of a nonresidential development, is kept as a private circulation
improvement, and there is no dedication to the Township or other governmental
body.
2.
Curbs shall be provided in all zoning districts when existing streets
are required to be widened.
3.
Additional rights-of-way and cartway widths may be required by the
Board of Supervisors in order to lessen traffic congestion, to secure
safety from fire, panic and other dangers, to facilitate the adequate
provision for transportation and other public requirements and to
promote the general welfare.
4.
Where a subdivision or land development abuts or contains an existing
street of inadequate right-of-way width, additional right-of-way width
shall be dedicated to conform to the standards of this chapter. Where
a subdivision or land development abuts or contains an existing street
of inadequate cartway with, additional cartway width shall be dedicated
and/or provided to conform to the standards of this chapter.
[Ord. 3/29/1990B, §§ 812 and 814; as amended by Ord. 99-3, 6/28/1999, §§ 10
and 38; by Ord. 99-3, 6/28/1999, § 11; by Ord. 06-01, 2/13/2006, §§ 2, 3,
and 4; by Ord. 12-03, 6/19/2012, §§ 7 — 10; by Ord.
12-05, 10/8/2012, §§ 7 — 10;
and by Ord. No. 22-05, 5/5/2022]
1.
Purpose. The purpose of these provisions is to establish appropriate
standards for the design of new streets that will promote the safety
and convenience of vehicular traffic, protect the safety of residents,
and minimize the long-term costs for the maintenance and repair of
streets.
2.
Cartways. The minimum cartway width for a new residential street
shall be 38 feet with an eight-foot-wide shoulder area designated
for on-street parking on both sides.
|
Figure 1:
 |
3.
In areas where mid-block pedestrian crossings are required and/or
proposed, a bulb-out area shall be provided to reduce the pedestrian
crossing distance and enhance the visibility of the pedestrian between
vehicles parked along the street. Appropriate pedestrian warning signage
and pavement markings shall be provided.
4.
Street Access. A local road may intersect or take access from any
existing street type. Both ends of a loop street, however, must intersect
the same connecting street and be laid out to discourage the passage
of through traffic.
5.
Curbs shall be provided in all zoning districts for all proposed
new streets.
7.
Single-Access Street. A street with only one point of intersection with a through street but where the street continues around and intersects with itself. Lots or dwelling units may be located in the island created by this street configuration provided that there is adequate, safe sight distance. These types of single-access streets are permitted only via a waiver from § 22-812, Subsection 5. It shall be the applicant's responsibility to demonstrate that an alternative street connection cannot be provided.
A.
The maximum number of dwelling units that take access along a single-access
street shall be limited to 10.
B.
Only one single-access street is permitted per subdivision.
C.
The distance from the right-of-way line of the through street to
the point where the single-access street intersects itself shall not
exceed 400 feet.
D.
An emergency access is required for all single-access streets in
accordance with the Township's standards.
8.
Engineering Criteria. All features of the geometric design of residential
access streets that are not specified below shall be designed for
a design speed of 25 miles per hour.
A.
Minimum grade: 1%.
B.
Maximum grade: 7%.
C.
Horizontal curvature: Horizontal curve radius shall be designed based
on the roadway design speed criteria as outlined in the latest version
of PennDOT's Design Manual 2 (DM2) and/or AASHTO's A Policy
on Geometric Design of Highways and Streets.
D.
Vertical curve length: Vertical curve lengths shall be designed based
upon the roadway design speed to meet the required sight distance
criteria for vertical and sag curves based on acceptable criteria
as outlined in PennDOT's Design Manual 2 (DM2) and/or AASHTO's
A Policy on Geometric Design of Highways and Streets.
E.
Combinations with the minimum radius horizontal curve and the maximum
grade will not be approved.
F.
Minimum tangent length between reverse curves: 100 feet.
G.
At all approaches to intersections, street grades shall not exceed
4% for a minimum distance of 50 feet or the longest design vehicle
for the site, whichever is greater, as measured from the intersection
of curb lines or edges of cartways.
9.
Private roads built to standards set forth by the Township Supervisors
hereby meet Township standards.
10.
New Nonresidential Streets. The following standards shall apply to
new nonresidential streets.
A.
Moving Lanes. All industrial/commercial streets shall be provided
with a minimum of two continuous moving lanes in which no parking
is permitted.
B.
Engineering Criteria. All features of the geometric design of an
industrial/commercial street specified below shall be designed for
a design speed of 30 miles per hour to be able to accommodate truck
traffic.
(1)
Minimum grade: 1%.
(2)
Maximum grade: 5%.
(3)
Horizontal curvature, minimum tangent length between reverse curves, super elevation, stopping sight distance and maximum grade within 50 feet of intersection shall follow residential street guidelines. New nonresidential residential streets shall meet the standards for the same classification of street under § 22-816.
C.
Dedication. The Township reserves the right to refuse dedication
of a special purpose street. An appropriate legal mechanism for ownership
and maintenance will be required where the streets are not accepted
for dedication.
11.
Emergency Access: Emergency access roads shall be designed as follows,
which will be verified with turning templates of the largest emergency
vehicle anticipated to utilize the access:
A.
Provide a minimum cartway width of 16 feet.
B.
Provide retroreflective, flexible delineator posts at fifty-foot
intervals along the entire length of the emergency access.
C.
Provide a Knox-Box® or gated access
at the street intersections, which shall be coordinated with the Township's
Fire Marshall.
D.
Provide a depressed curb for emergency vehicle access that shall
be wide enough to accommodate the largest emergency vehicle that is
anticipated to utilize the access. Appropriate signage and curb colors
shall be utilized to prevent vehicles from parking in front of the
access entrances.
E.
Be designed to meet the local street pavement cross-section requirements or if grass pavers are provided, then the pavers are to be set on a subgrade and subbase in accordance with the local street pavement requirements per Chapter 21, Streets and Sidewalks. The homeowners' association shall then be responsible for maintaining the grass over the pavers.
[Ord. 3/29/1990B, § 813; as amended by Ord. 12-03, 6/19/2012, § 11; by Ord. 12-05, 10/8/2012, § 11; and by Ord. No. 22-05, 5/5/2022]
1.
Where alleys are provided for residential uses, alleys shall have
a minimum cartway width of 12 feet for one-way alleys and a minimum
cartway width of 16 feet for two-way alleys. Turning templates shall
be provided to verify the minimum width requirements based on the
largest emergency vehicle and/or delivery vehicle to utilize the alleys.
2.
No part of any building or structure shall be located within 16 feet
of the cartway of an alley.
3.
Dead-end alleys are prohibited.
4.
Alleys may not connect to other alleys. They must only connect with
streets of higher classifications.
5.
Alley intersections and sharp changes in alignment shall be avoided,
such as ninety-degree horizontal curves. Corners shall be cut off
sufficiently to permit safe vehicular movement. Alleys shall be designed
to discourage through traffic.
[Ord. 3/29/1990B, § 815; as amended by Ord. 95-8C, 11/27/1995, § 1; and by Ord. No. 22-05, 5/5/2022]
1.
Classification. Marginal access streets are required along existing
or proposed arterial or collector roads where the arterial or collector
road has an average daily traffic (ADT) more than 5,000 vehicles per
day (total both directions of travel).
2.
Design Standards.
A.
A marginal access street shall consist of two traffic lanes.
B.
A marginal access street shall have a minimum width of 24 feet.
C.
The marginal access street shall provide continuous and uninterrupted
vehicular movement from one property to another.
D.
No parking spaces shall take direct access from the marginal access
street connecting two parcels to one another. A minimum distance of
50 feet shall be provided between the marginal access street cartway
and the cartway of the arterial or collector road.
E.
A marginal access street shall be constructed generally parallel
to the arterial or collector road.
3.
Nondedication. The marginal access street shall be considered part
of the onsite internal circulation system and shall be owned and maintained
by the property owner. Marginal access streets shall not be dedicated
to the Township.
[Ord. 3/29/1990B, § 816; as amended by Ord. 93-3, 2/8/1993, § 39; by Ord. 07-02, 3/26/2007, § 3; and by Ord. No. 22-05, 5/5/2022]
1.
Distance from Street Intersections. Driveways shall be located as
far from street intersections as is reasonably possible, and not less
than the following distances:
2.
Driveways to corner lots shall gain access from the street of lower
classification when a corner lot is bounded by streets of two different
classifications as described herein.
3.
For collector and higher order streets, a driveway turn-around space
shall be provided for each lot so that no car needs to back out onto
a street when exiting the lot.
4.
Regardless of driveway classification, all driveways shall be so located, designed and constructed as to provide the required safe sight distance at intersections in accordance with § 22-820 with a stopping space within which the grade shall not to exceed a 4% grade. The stopping area shall be measured as follows:
5.
All driveways shall be at least five feet from any side or rear lot
line for single-family lots and 20 feet from any side or rear lot
line for commercial lots. Common use of driveways by adjacent landowners
is permitted at the sole discretion of the Township Board of Supervisors.
6.
For properties abutting curbed and uncurbed streets, the following
standards shall apply to the driveway apron at the street line:
7.
Each single-family lot shall have only one curb cut along any one
street frontage.
8.
All entrance drives which may be expected to convey greater than
30 ADT shall be laid out to conform to the minimum design, service
and access standards specified in this chapter for residential local
roads and shall be considered a local road.
9.
Maximum grade for driveways.
A.
Residential driveways shall not exceed 4% grade within the ultimate
right-of-way or 20 feet from the edge of the street cartway, whichever
is greater. The maximum driveway slope beyond the leveling area of
4% shall be limited so that the maximum algebraic grade difference
does not exceed 9% without the incorporation of a vertical curve to
ensure adequate ground clearance for a passenger vehicle.
B.
All other driveways shall not exceed 4% grade within the ultimate
right-of-way or 20 feet from the edge of the street cartway, whichever
is greater. The maximum driveway slope beyond the leveling area of
4% shall be limited so that the maximum algebraic grade difference
does not exceed 7% without the incorporation of a vertical curve to
ensure adequate ground clearance for the design vehicle.
C.
A vertical profile is to be submitted to illustrate the grade changes
along the entire length of all driveways, which will be reviewed by
the Traffic Engineer to ensure that vehicles will not have issues
associated with the changes in grade.
10.
All residential driveways must be paved unless they exceed 50 feet
in length. Driveways which exceed 50 feet in length will be required
to be paved for the first 50 feet from the edge of the street cartway.
The remaining length of the driveway must be designed in accordance
with the Township's emergency access requirements.
[Ord. 3/29/1990B, § 817; as amended by Ord. No.
22-05, 5/5/2022]
All street intersections shall be governed by the standards
of this section.
1.
Number of Streets. Not more than two streets shall intersect at the
same point.
2.
Three-Way/Four-Way Intersections. Three-way or T-intersections shall
be used instead of four-way intersections unless the four-way intersection
can be justified in terms of necessary and desirable traffic movements.
T-Intersections shall be laid out to prevent interlocking left-turn
movements.
3.
Angle of Intersections.
A.
All intersection approaches shall be designed at right angles unless
sufficient reason exists to justify a lesser angle. However, no angle
shall be less than 75° for intersections with arterials or collector
roads and 70° for intersections between local access streets,
measured at the centerlines of the intersections.
B.
Where angled intersections are used, it is preferable to design them
so that the heavier traffic flow will make the turn which is greater
than 90°, rather than the turn which is less than 90°.
4.
Corrective Changes to Existing Intersections. When existing streets
intersect at odd angles or have more than four approaches, the applicant
shall make corrective changes to bring the intersection into compliance
with this chapter, as required by the Supervisors, who shall first
seek the advice of the Township Engineer and Planning Commission and
other technical advisors or agencies, as appropriate. For state and
county highways, corrective changes shall comply with the requirements
of the appropriate agency.
5.
Waiver of Corrective Changes. The Supervisors may waive the above
requirements for corrective changes under one or more of the following
conditions:
A.
When changes made on the applicant's land will not improve the
intersection's deficiencies.
B.
When other road improvements are already planned which would correct
the problem without any corrective action required of the applicant.
C.
When not required by PennDOT or Montgomery Count where the intersections
are under their jurisdiction.
6.
Curb Radius. Minimum curb or edge of pavement radius shall be determined
according to the specifications for the street of higher classification
(existing or proposed), as specified below:
|
Classification
|
Minimum Radius
(feet)
|
|---|---|
|
Arterial
|
In accordance with PennDOT and/or Montgomery County requirements
|
|
Collector
|
35
|
|
Local (minor) road
|
25
|
A.
The values presented are minimum values and the actual utilized is
to be verified based upon the largest fire truck or emergency vehicle
utilized by the Township or by the largest design vehicle anticipated
to use a site, whichever is greater, which will be verified with truck
turning templates for all movements.
B.
All radii specified herein must be increased if fire trucks or other
emergency vehicles would have difficulty with ingress or egress as
determined by the Township Fire Marshall. Any increase in radii shall
be reviewed by the Township Traffic Engineer. The applicant is required
to provide turning templates based on the largest firetruck or emergency
vehicle utilized by the Township or by the largest design vehicle
anticipated to use a site, whichever is greater, for all turning movements
at an intersection.
7.
Intersection Spacing. Proposed streets on opposite sides of or the
same side as another existing and/or proposed street shall meet the
minimum spacing measured from centerline to centerline as specified
below based on the street with the higher classification:
|
Minimum Intersection Spacing
| |
|---|---|
|
Higher Order Road Classification or Roads of Equal Classification
|
Spacing
(feet)
|
|
Arterial
|
300
|
|
Collector
|
200
|
|
Local (minor) road
|
125
|
A.
The spacing listed above shall be considered the minimum spacing.
Where greater spacing is required in compliance with current AASHTO,
PennDOT, or Montgomery County standards, the greater spacing distances
shall be applied, as determined by the Township Engineer.
B.
In any case where the centerlines of street intersections are, or
would be, within 150 feet of each other for streets on opposite sides
of an intersecting roadway, they shall be made to coincide by relocating
the street within the applicant's land.
C.
Offset T-intersections shall be laid out to discourage interlocking
left-turn movements.
8.
Vertical Curve Length. Vertical curve lengths shall be designed based
upon the roadway design speed to meet the required sight distance
criteria for vertical and sag curves based on acceptable criteria
as outlined in PennDOTs Design Manual 2 (DM2) and/or AASHTO.
9.
Horizontal Curve Radius. Horizontal curve radius shall be designed
based on the roadway design speed criteria as outlined in PennDOT's
Design Manual 2 (DM2) and/or AASHTO. Combinations with the minimum
radius horizontal curve and the maximum grade will not be approved.
10.
Auxiliary Turn Lanes: The need shall be based upon the latest lane
warrant charts from PennDOT Publication 46 or as amended and, if warranted,
the minimum storage area in accordance with PennDOT Publication 46
or as amended shall be provided.
[Added by Ord. No. 22-05, 5/5/2022]
The standards of this section regulate the sight distance evaluation,
which is required in conjunction with all land development applications
for proposed residential and nonresidential driveways intersecting
existing and/or proposed residential streets, as well as the intersections
of new residential and/or nonresidential streets with existing and/or
proposed streets.
1.
Applicability. A sight distance evaluation is required for all new
driveway and local roads that create new intersections with existing
streets for all land development applications. Additionally, where
in the opinion of the Township's Traffic Engineer there are concerns
regarding the ability of a proposed new driveway or street that intersects
with another proposed new street to provide for safe sight distance,
an evaluation of the sight distance may then be requested.
2.
Purpose is as follows:
A.
To permit reasonable access to private properties and guard the general
public's right to safe and efficient travel along public roads
by requiring sufficient sight distance at street and driveway intersections
with public streets.
B.
To identify safe and preferable locations for vehicular access using
the driveway or approach regulations that permit access to public
streets, while controlling the location, number and physical layout
of access points.
C.
To reduce the degree of interference on traffic flow and/or safety
caused by a proliferation of driveway and/or street intersections
by minimizing the total number of access locations.
D.
To encourage subdivisions and land developments to use new local
access roads for access rather than strip new lots and access driveways
along higher classification roads.
E.
To encourage or require, as appropriate, the use of a shared access
point, paired driveways, or new local access streets for vehicular
access to proposed lots and/or development.
F.
To encourage the use of flexible lotting for visual benefits, preservation
of natural features, and/or rural character where they may contribute
to safe and efficient vehicular access.
G.
To encourage planning for entire tracts, blocks and superblocks rather
than piecemeal subdivision and/or development.
3.
Minor Sight Distance Analysis. A minor access analysis shall be the
minimum required for all subdivision and/or land development plans.
The following information shall be shown and labeled on the applicant's
subdivision and/or land development plan:
A.
Provide a table that documents the posted speed limit and/or 85th
percentile speed and approach grades that the minimum safe sight distance
is based upon along with the source of the safe sight distance for
all egress movements looking to the left or right from the new proposed
driveway or intersection along with the safe sight distance for a
left-turn ingress vehicle looking ahead and for a vehicle approaching
from the rear. A driver eye height of 3.5 feet is to be used per PennDOT
Form M950-S. For left-turning vehicles entering a driveway and/or
intersecting road, the distance for a vehicle approaching from the
rear is based on the location of the taillights of the vehicle and
the height of the taillights as two feet. The table shall then document
the existing available sight distance and any remedies necessary to
achieve the minimum safe stopping sight distance.
B.
Safe Stopping Sight Distance. For each existing or proposed driveway
or street intersection, the applicant's plan shall identify the
required and available safe stopping sight distance for the subject
road in compliance with current PennDOT standards for driveways and
local roads for new residential or nonresidential street intersections
in accordance with Title 67 Chapter 441, as amended, the latest edition
of the PennDOT Design Manual, or the latest edition of AASHTO's
A Policy on Geometric Design of Highways and Streets.
C.
Sight Distance Obstructions. The plan shall identify all obstructions
that interfere with the required sight distance and label them as
correctable (such as vegetation and obsolete, replaceable or moveable
structures) or not correctable (such as road grades or curvature or
structures to be retained). If items are not correctable, then the
applicant must relocate the driveway or intersection to another location
within the site frontage where safe sight distance can be achieved.
D.
Review by Township Traffic Engineer. The Township Traffic Engineer shall review the submitted information in accord with current standards and accepted engineering principles as referenced in Subsection 3C.
E.
Acceptable Sight Distance. If the available sight distance is acceptable
or will be corrected by the applicant to be acceptable, then no further
analysis is required. The applicant shall guarantee correction of
obstructed sight distance as required by the Township Traffic Engineer
and maintenance of required sight distance in a manner acceptable
to the Board of Supervisors.
F.
Unacceptable Sight Distance. If the available sight distance is unacceptable,
the applicant shall be required to propose measures to provide acceptable
sight distance or propose alternative access locations with acceptable
sight distance.
G.
Severely Limited Sight Distance. For any proposal where the Township
Traffic Engineer determines that existing conditions severely limit
sight distance, the applicant shall be required to conduct a major
sight distance analysis.
4.
Major Sight Distance Analysis. When required in accord with § 22-821, Subsection 3G, herein, the applicant shall conduct an on-site survey along the entire frontage of the subject property to identify the physical characteristics that impede sight distance and/or suitable vehicular access, and provide the following information concerning those characteristics on the submitted plans:
A.
Horizontal Plan. The horizontal plan information may be shown on
the subdivision and/or land development plan or on a separate horizontal
plan and shall show the following at a scale not exceeding 50 feet
to the inch:
(1)
Legal and ultimate rights-of-way and centerline.
(2)
Existing cartway and shoulder widths and conditions.
(3)
Existing contours drawn at two-foot intervals.
(4)
All existing natural and man-made features within the ultimate
right-of-way on the subject property's side of the street.
(5)
Existing natural and man-made features on the subject property,
beyond the ultimate right-of-way, that may impede street or driveway
access into the site, such as embankments, steep slopes, watercourses,
floodplains, wetlands, vegetation, buildings, walls or other structures.
(6)
Any other information needed to establish sight distances along
the road frontage.
(7)
Minimum safe stopping sight distance required by PennDOT standards
for the road being accessed, regardless of road jurisdiction.
(8)
Maximum sight distance available from each driveway or street
intersection proposed.
B.
Profiles. Profiles shall be drawn along the sight distance line at
a horizontal scale not exceeding 50 feet to the inch, and vertical
scale of two, four or five feet to the inch, whichever is most appropriate,
to identify obstructions and limitations to sight distances:
(1)
Road centerline, with road grades indicated, for left-turn ingress
movements looking ahead or for a vehicle approaching from the rear.
(2)
Ten feet from the edge of the existing or proposed cartway for
new driveway intersections, 15 feet or at the location of the proposed
stop bar, whichever is greater, from the existing or proposed cartway
for new residential and/or nonresidential street intersections. The
line of sight will then be drawn from these locations where a vehicle
would be for exiting the driveway or new street to the location in
the intersecting roadway where an approaching vehicle would be located.
The distance from the centerline of the egress vehicle to the approaching
vehicle as measured along the roadway must then meet the minimum safe
sight distance requirements.
5.
Adjustments to Existing Street and Driveway Intersections. When the
minor or major sight distance analysis shows that the designs and/or
locations of existing street and/or driveway intersections do not
satisfy sight distance, spacing, or other safety-related considerations
of this chapter, the applicant shall modify or relocate the existing
intersections to comply with the standards herein.
6.
Plan Approval. No plan that requires a major sight distance analysis
shall be approved unless it satisfies the following:
A.
Required Information. All information required for the major sight
distance analysis shall be provided on the plans as verifiable graphic
evidence and explanatory notes.
B.
Acceptable Sight Distance. The existing and proposed street and/or
driveway intersections shall provide at least the minimum required
safe stopping sight distances.
C.
Resolution of Other Issues. The applicant's plan shall otherwise
resolve all sight distance and vehicular access issues identified
by the Township Traffic Engineer's review of the major sight
distance analysis in a manner consistent with the standards herein
regarding intersection spacing, intersection design, and alignment
of streets and driveways.
7.
Clear Sight Distance Triangles.
A.
Clear sight triangles shall be required to be maintained along all
approaches to all street intersections, and all intersections of driveways
with streets, in compliance with the standards herein.
B.
Approach sight triangles shall be provided for all intersections
with existing and/or proposed streets or driveways to ensure vehicles
on the major street of intersecting streets are able to view the vehicle
waiting to enter the traffic stream.
C.
Within the area of clear sight triangles, obstructions to visibility
shall not be permitted within the following ranges of height:
(1)
For all streets, between 2 1/2 feet and 12 feet above the
edge of paving.
(2)
Any plant materials placed within clear sight triangles shall
be properly maintained to continually comply with the height restrictions
herein. If not properly maintained, the Township reserves the right
to trim and/or remove the plant materials, upon due notice to the
property owner. The property owner shall be responsible for reimbursing
the Township for any costs associated with this type of maintenance
activity.
(3)
The following items may be permitted within a clear sight triangle
based upon review and recommendation of the Township Traffic Engineer:
(a)
One private sign or lamppost, provided that the post does not
exceed one foot square or diameter, and that the sign or lamp itself
is above the top height limitation.
(b)
One shade tree, provided that, as the tree matures, its lower
branches will be removed within the restricted height ranges and the
diameter of the trunk does not exceed 12 inches.
(c)
Existing shade trees, provided that the lower branches are removed
within the restricted height ranges and that the size, number and
arrangement does not impede adequate visibility. The Board of Supervisors
may require removal of one or more trees as necessary to provide adequate
visibility.
(d)
Where street or driveway grades drop off from an intersection,
the Township Traffic Engineer may modify these requirements as necessary
to improve visibility at the intersection.
D.
Clear sight triangles shall be measured in each direction along street
centerlines, from their point of intersection in accordance with Figure
2 for the major street and 20 feet back from the edge of the travel
lane or edge of road along the minor street or nonresidential driveway,
whichever distance is greater. These standards shall also apply to
all nonresidential driveways that are anticipated to carry over 10
trips per day. The sight distance along the main roadway shall be
based upon the latest PennDOT Design Manual or latest edition of AASHTO's
A Policy on Geometric Design of Highways and Streets.
E.
Clear sight triangles shall be measured in each direction along street
centerlines, from their point of intersection in accordance with Figure
2 for the major street and 10 feet back from the edge of the travel
lane or edge of road along the residential driveway, whichever distance
is greater. These standards shall also apply to all nonresidential
driveways that are anticipated to carry 10 or less trips per day.
The minimum safe sight distances, referenced in the current the PennDOT
standards from Title 67, Chapter 441, or as amended, shall apply for
residential driveways.
|
Figure 2
 |
[Ord. 3/29/1990B, § 818; as amended by Ord. 07-02, 3/26/2007, § 4; and by Ord. No. 22-05, 5/5/2022]
1.
Applicability. A traffic impact study shall be required, as established
by this section, for all preliminary subdivision and land development
applications under the Subdivision and Land Development Ordinance
when the land development is projected to generate 200 new ADT (average
daily trips), or 20 or more new peak hour trips, as established in
the most recent edition of the Institute of Transportation Engineers
(ITE) publication, Trip Generation Manual.
B.
The requirements of this section may be modified by the Board of
Supervisors, or the Zoning Hearing Board if applicable, upon coordination
with the Township Traffic Engineer when specific requirements are
determined not to be applicable to the preliminary subdivision or
land development application.
2.
Study Waiver. The Board of Supervisors may waive the requirements
of a traffic impact study and require the applicant to contribute
to the Township a sum equal to the cost of a study as determined by
the Township to be used for general Township traffic needs.
3.
Joint Studies. When two or more developments are located in the same
general area, the Board of Supervisors, at its discretion, may require
the applicant to prepare a joint study or request a fee in lieu of
an individual study, so the Township can then sponsor a joint traffic
study. The cost of the joint study shall be shared among the applicants,
and the study would include a fair-share cost estimate of any recommended
off-site roadway and/or intersection improvements, as well as an assessment
of each development's access(es).
4.
Preparation and Review. The traffic study shall be conducted under
the supervision of a professional engineer currently registered in
the State of Pennsylvania, preferably one possessing a professional
traffic operations engineer certificate, as all studies must be signed
and sealed. The developer shall reimburse the Township for reasonable
fees and expenses incurred by the Township Traffic Engineer for the
review of the developer's traffic impact study and plans.
5.
Time of Submission. The traffic impact study shall be submitted to
the Township and Township Traffic Engineer as part of the preliminary
subdivision and land development application. The submission of the
preliminary plan application shall be deemed incomplete if the required
traffic impact study is not included in the submission.
6.
Purpose. A traffic impact study shall enable the Township to assess
the likely traffic impact of a proposed development on the various
components of the transportation system. The requirements of this
section are separate from, but function in parallel with, the Township's
adopted Act 209 (Transportation Impact Fee) Ordinance and Transportation
Capital Improvement Program. The study shall: (1) address the safe
and efficient circulation of both vehicles and pedestrians on the
site; (2) identify the impacts of development traffic at the site's
accesses to public roads within the Township and provide appropriate
mitigation for safe and efficient movement of vehicles and pedestrians
thereof; and (3) identify the development's impact on the surrounding
roadway network for the purposes of establishing the basis of its
transportation impact fee for mitigation of its impacts, or in lieu
of the fee, making the necessary improvements thereof, which shall
be at the discretion of the Board of Supervisors.
7.
ACT 209 TRANSPORTATION IMPACT FEE ORDINANCE TERMS
A.
B.
C.
D.
LEVELS OF SERVICE
MAJOR INTERSECTIONS
MAJOR ROADWAYS
NEW TRIPS
QUEUE ANALYSIS
STUDY AREA
TRIP GENERATION
VOLUME/CAPACITY ANALYSIS
Definitions. The following terms or phrases shall have the meanings
indicated when used in this section:
This Part 8 has requirements separate from, but related to, the requirements of this section. This section, as appropriate, references specific elements of the adopted Act 209 ordinance, as follows:
TRANSPORTATION SERVICE AREA(S)Geographically defined portions of the Township, not exceeding seven square miles in area.
TRANSPORTATION IMPACT FEE(S)The current adopted fee(s) imposed by the Township in each Transportation Service Area, based upon new trips generated by the development during the weekday afternoon peak hour, to fund transportation capital improvements necessitated by, and attributable to, new development, which are specifically identified in the Township's Transportation Capital Improvement Plan.
LAND USE ASSUMPTIONS REPORTThe current adopted development plan for the Transportation Service Area(s) which forms the basis of the transportation impact fee(s).
TRANSPORTATION CAPITAL IMPROVEMENT PLANThe current adopted transportation capital improvement program of the Township, containing both future nondevelopment and development capital improvements identified in the Township's Roadway Sufficiency Analysis Report.
As defined by the Highway Capacity Manual, levels of service,
ranging from A to F, measure the operational conditions within a traffic
stream in terms of such factors as speed, travel time, delay, freedom
to maneuver, traffic interruptions, comfort, and convenience.
All combinations of intersections of state highway with state
highway, or with Township roadways classified as collector roads or
higher.
All designated state highways within the Township, plus Township
roadways, with the classification of collector road or higher.
Two-way trips added to the roadway network surrounding the
site. New trips are calculated as total trips generated by the development
net of pass-by trips (i.e., trips already on the roadway network)
to/from the development.
An analysis that identifies the maximum stacking of vehicles
in each traffic lane, measured in feet. The analysis shall utilize
a methodology acceptable to the Township and/or the Pennsylvania Department
of Transportation and Montgomery County Roads and Bridges.
The study area shall be the area of land, and specific roadways
and intersections, within the Township that are likely to be affected
by the development.
The total count of trips to and from the subject development
per unit of land use (i.e., dwelling unit, square footage, etc.) as
established by the most recent edition of ITE's Trip Generation
Manual. For land uses not listed in this publication, or for those
land uses with limited available trip generation data, the applicant's
traffic engineer shall seek guidance from the Township prior to completion
of the study. For applications involving an expansion or relocation
of an existing facility, actual trip generation characteristics of
the existing land use may be utilized, as appropriate, and subject
to acceptance by the Township. Other local sources of trip generation
data may be acceptable, subject to the approval of the Township.
An analysis that compares the volume of a traffic facility
to its capacity. The methodology for the analysis shall adhere to
the most recent edition of the Highway Capacity Manual, or other methodology
acceptable to the Township, as well as the Pennsylvania Department
of Transportation (PennDOT) and Montgomery County Roads and Bridges
when intersections with their roadways are included in the study.
8.
Scope of Study Area. Prior to the initiation of the traffic study,
the applicant shall receive approval of the scope of the study area
from the Township before proceeding. The minimum requirements of the
scope of the traffic study area potentially affected by the proposed
development (inclusive of specific roadways and intersections) are
as follows:
A.
Development Driveways (Accesses). All existing and proposed driveways
(accesses) for the development intersecting public Township, PennDOT,
or county roadways, plus adjacent roadways, intersections, and driveways
along the applicant's property, or adjacent properties, which
may be directly affected by vehicular and pedestrian traffic from
the development.
B.
Supplemental Study Area for Developments Within a Designated Transportation
Service Area.
(1)
Nonresidential Developments with Significant Deviation in Density,
Intensity, or Trip Generation from Land Use Assumptions Report. If
the Township determines that the applicant's development falls
in this category, the scope of study area shall minimally include
all major roadways and intersections within the Transportation Service
Area where the development is located which accommodates 10% or more
of development traffic and/or 100 or more new peak hour trips. The
applicant, or its traffic engineer, shall submit a preliminary analysis
of the study area affected by this development to the Township and
its Traffic Engineer for agreement and approval before proceeding.
(2)
Any Development which Generates More than 1,000 New Peak Hour
Trips. The scope of study area shall include all major roadways and
intersections outside the Transportation Service Area where the development
is located, but within the municipal boundaries of the Township which
will accommodate 10% or more of development traffic and/or 100 or
more new peak hour trips. The applicant, or its traffic engineer,
shall submit a preliminary analysis of the study area affected by
this development to the Township and its Traffic Engineer for agreement
and approval before proceeding.
9.
Voluntary Traffic Impact Study. At any time, an applicant for a proposed
development may prepare and submit a traffic study to (1) substantiate
its opinion that the development's trip generation is different
than that established by the Township for purposes of determining
the development's Transportation Impact Fee, in accordance with
its adopted Act 209 Ordinance; or to (2) justify allocation of its
impact fee to specific projects contained in the Township's adopted
Capital Improvement Plan, or to otherwise implement transportation
capital improvements not contained in the adopted Capital Improvement
Plan. Please note that the approval by the Board of Supervisors is
required for the use of any impact fees used for projects not indentified
in the adopted Capital Improvement Plan.
10.
PennDOT and/or Montgomery County Roads and Bridges Traffic Impact
Study Requirements. Nothing in this section relieves the applicant
for a development which will access a state highway within the Township
to comply with the Department's Policies and Procedures for Transportation
Impact Studies or for access along a county highway from the requirements
of Montgomery County Roads and Bridges. The Township urges the applicant
to coordinate its scope of any traffic study required by the Township,
PennDOT, and Montgomery County Roads and Bridges so that the study
can be concurrently submitted for review.
11.
Contents of the Traffic Impact Study. At the discretion of the Township,
a traffic impact study shall contain, but not be limited to the following:
A.
Executive Summary. A brief (maximum two pages) executive summary
shall be provided, summarizing the traffic impact study's findings,
conclusions, and recommendations.
B.
Site and Project Description. This description shall identify the
site, proposed land use(s), the surrounding area, and the transportation
setting, including:
(1)
A description of the size, location, proposed land uses, construction
staging, and completion date of the proposed development. Also, the
description shall include the characteristics of site users with respect
to their transportation characteristics and needs, including typical
peak periods of travel, use of other travel modes, and vehicle composition.
(2)
The existing and proposed uses of the site shall be identified
in terms of zoning classification within the Township.
(3)
A complete description of access and circulation for the development,
including, but not limited to, locations of access points and methods
of traffic control.
(4)
Description of the adjacent external roadway system within the
study area. Major intersections in the study area shall be identified
and illustrated, as applicable.
(5)
All existing and proposed public transportation services and
facilities within the study area and the surrounding area shall be
documented.
(6)
A description of all internal roadways, existing and proposed
parking facilities, and traffic control devices on all internal roads
and intersections shall be provided.
(7)
A complete description of the pedestrian environment both internal
to the site, as well as possible connections to the existing systems
shall be documented. In addition, linkage to existing bicycle facilities
shall also be documented.
(8)
All future committed or proposed roadway and intersection improvements
within the study area shall be noted. The responsible party and anticipated
project schedule shall be identified for each future improvement.
Projects on the Township's adopted Transportation Capital Improvement
Plan should not be listed unless the Township has indicated that the
improvements will be in place before the proposed opening year of
the development.
C.
Existing Traffic Conditions. Existing traffic conditions shall be
documented for all major roadways and intersections established as
part of the approved study area, and shall be based on the following:
(1)
Existing peak hour turning movement traffic volumes shall include
passenger vehicles, heavy vehicles, pedestrian and bicycle count data
at all study area intersections and shall encompass both the peak
commuter highway and development specific peak hours of generation,
if different from the commuter peak highway hours. The time periods
for the counts, as well as day of the week, shall be scoped with the
Township prior to conducting the counts. Daily traffic volumes on
the major study roadways shall be documented in the report and should
include vehicle classification and travel speed data. The report shall
provide figures illustrating the peak hour turning movement traffic
volumes, and documentation regarding all traffic counts, as well as
any adjustments to the counts due to seasonal variations or balancing
between intersections. The use of any traffic count data greater than
two years of age based upon the date of the submission of the traffic
impact study to the Township shall be prohibited without prior approval
by the Township Traffic Engineer. All assumptions to expand older
count data to the current year shall be provided including regional
traffic growth rates and inclusion of area development traffic that
has since been constructed.
(2)
A volume/capacity analysis based on existing traffic volumes
shall be performed during the peak highway and development hours for
all study roadways and intersections. The level-of-service results
of the volume/capacity analysis shall be presented graphically.
(3)
A summarization of the most recent crash data for a minimum
of three full calendar years within the study area shall be provided
for the study area intersections and along the site frontage, where
access intersections are proposed. Because of confidentiality and
liability issues related to the crash analysis, this information must
be provided in a separate letter report and should not be referenced
or included in the traffic impact study.
D.
Future Conditions without the Proposed Development. An evaluation
of the anticipated future traffic volumes, and the ability of the
roadway network to accommodate area traffic without the proposed development,
shall be provided for the approved study area roadways and intersections.
The total future traffic shall be calculated and consist of the existing
traffic expanded to the greater of the following: a three-year traffic
data projection beyond the existing year when the counts were conducted
or the year of the anticipated full build-out of the proposed development.
If phasing is planned, then an analysis of all phases must also be
provided to determine the appropriate level of mitigation for each
phase. This evaluation shall include the following:
(1)
Peak hour traffic volumes shall be projected for the full build-out
year or phased years(s) based on traffic growth information compiled
by PennDOT, DVPRC, or the County for the Township. Projected traffic
volumes shall also include anticipated traffic growth associated with
other significant area proposed developments which will be completed,
or partially completed, by the design year(s), or developments under
construction. All assumptions and methodologies utilized to forecast
the future traffic volumes shall be clearly documented. Figures shall
be provided in the report illustrating the peak hour turning movement
traffic volumes for this future condition, and trip generation, distribution,
and assignment assumptions shall be provided as well for all other
development projects.
(2)
A volume/capacity analysis based on future without-development
traffic volumes shall be performed during the peak highway and development
hours for all study roadways and intersections. The level-of-service
results shall be presented graphically.
(3)
Roadway and intersection improvements committed to implementation
by others prior to the design year(s) shall be included in the future
without-development analysis. The applicant's traffic engineer
shall seek guidance from the Township in determining the appropriateness
of future roadway and intersection improvements, especially those
in the Township's Transportation Capital Improvement Program.
E.
Development Trip Generation. Estimates of vehicle trips generated
by the proposed development shall be completed for the design year(s)
peak highway and development specific peak generation hours, and on
a daily basis. A table shall be provided which clearly identifies
total trips and total new trips. Pass-by trip and internalization
assumptions, as applicable, should be clearly identified and discussed
in the study including the reference source and any corresponding
calculations. Current versions of ITE's Trip Generation Manual
and/or Trip Generation Handbook should be utilized to determine the
total trip generation for the site, as well as any internal or pass-by
trip reductions. Trip generation estimates based upon alternative
sources (e.g., local counts of similar uses) should be clearly documented,
including reasons for their use versus use of ITE published data.
It is recommended that local trip generation data be submitted for
review by the Township in advance of utilizing it within any study.
F.
Development Traffic Distribution and Assignment. Traffic volumes
generated by the proposed development shall be distributed and assigned
throughout the study area for each of the study peak hours. Documentation
of all assumptions used in the distribution and assignment of traffic
shall be provided.
G.
Future Conditions with the Proposed Development and No Improvements.
In order to access the magnitude of the proposed development's
impact on the off-site study area intersections and roadways, as well
as the site access(es), an analysis shall be completed for the design
year(s) with development of the site and no improvements.
(1)
Daily and peak hour traffic volumes shall be projected for the
full build-out year(s). Projected traffic volumes shall be calculated
by adding the assigned development trip generation to the future traffic
volumes with development on the study roadway and intersection network,
including the site access(es). Figures shall be provided in the report
illustrating the resultant peak hour traffic volumes with the proposed
development with proposed improvements, including all turning movements.
(2)
A volume/capacity analysis based on future with-development
traffic volumes with proposed improvements shall be performed during
the peak highway and development hours for all study roadways and
intersections including the site access(es). The level-of-service
results shall be presented graphically.
(3)
A queuing analysis (maximum queues) shall be performed during
the peak highway and development hours for each study intersection,
including the site access(es). The results of the queuing analysis
shall be presented graphically, and the available storage lengths
for all existing and proposed intersection approach lanes shall be
identified to determine the adequacy of these facilities to accommodate
the anticipated future vehicular traffic queues.
(4)
All movements at all site accesses shall function at levels-of-service
D or better with future with-development traffic volumes. If signalized,
the intersection(s) overall shall also function at level-of-service
D or better overall with all lane groups also operating at LOS D or
better.
(5)
A lane warrant evaluation shall be completed for all proposed
accesses to determine if separate left- and/or right-turn lanes are
warranted, which shall be based upon the requirements of the latest
PennDOT Publication 46 or as amended. If a lane is warranted, the
length is to follow PennDOT Publication 46 recommendation for storage
length with a minimum seventy-five- to ten-foot bay taper and appropriate
transitional area following the latest PennDOT Design Manual criteria,
as amended.
H.
Mitigation Criteria. Based on the results of the future conditions
with the proposed development and no improvements, the need for mitigation
improvements will then be evaluated further based upon the following
criteria:
(1)
Intersections and/or Roadways Involving State Highways. At all
state highways and intersections involving state highways, the need
for mitigation will be based on PennDOT's criteria as contained
in their Policies and Procedures for Transportation Impact Studies
and shall follow PennDOT's mitigation policy. For all county
highways and intersections involving county highways, Montgomery County
Roads and Bridges criteria is to be used.
(2)
Township-Maintained Intersections and/or Roadways. Improvements
at study area intersections and/or roadways, other than the proposed
site access(es), shall be presented for future with-development traffic
volumes as noted below:
(a)
If the future without-development conditions function at LOS
D or better overall and on all individual lane groups, then the future
with development conditions shall be mitigated to operate at level-of-service
D or better overall and on lane groups.
(b)
If future without-development conditions function at level-of-service
E overall or on any individual lane groups, then improvements shall
be identified such that future with-development level-of-service conditions
will be no worse than the without-development level-of-service E.
(c)
If future without-development level-of-service conditions are
F, future with-development level-of-service F conditions shall have
no greater volume/capacity ratios and delays than future without-development
conditions.
(d)
If the existing storage lengths or spacing between intersections
is inadequate to accommodate the anticipated vehicular queue with
development of the site, then appropriate mitigation measures shall
be provided, which would include the extension of existing storage
areas for separate left- and/or right-turning lanes or the provision
of new lanes. The design of separate left- and/or right-turn lanes
shall follow the latest PennDOT Publication 46 requirements, as amended.
I.
Proposed Improvements. A description of improvements proposed to
remedy and otherwise mitigate traffic deficiencies and traffic impacts,
as established by the analyses, shall be provided as follows:
(1)
The description of improvements shall describe their location,
nature, and schedule, as well as the party responsible for the improvements.
The listing of recommended improvements shall include improvements
both internal and external to the site, as appropriate.
(2)
All design recommendations shall be consistent with the design
requirements of New Hanover Township and/or the guidelines of PennDOT
and/or Montgomery County Roads and Bridges, as appropriate, including
the following:
(a)
Available safe stopping sight distance measurements shall be performed for each access, and recommendations shall be provided for any access location that does not provide sufficient sight distance in accordance with the applicable requirements, which may include relocation of the proposed access, specific traffic controls, provision of separate turn lanes, roadway geometric improvements, or turning restrictions. Please refer to § 22-821 for further details regarding these requirements;
(b)
The necessity for auxiliary turn lanes at each site access intersection
shall be identified based on the current design guidelines of the
Pennsylvania Department of Transportation;
(c)
All access points and pedestrian crossings shall be examined
as to the need for, and feasibility of, installing traffic signals
or other traffic control devices, pursuant to the guidelines and traffic
signal warrants of PennDOT. Additionally, for pedestrian crossings
at locations where traffic does not stop or a traffic control signal
is not being installed, the applicant shall complete a mid-block pedestrian
crossing study following PennDOT Publication 46 requirements for "Unsignalized
Mid-Block Crosswalks" or as amended;
J.
Future Conditions with the Proposed Development and Recommended Improvements.
A description of the adequacy of the study area roadways and intersections
to accommodate future traffic with development of the site with proposed
improvements shall be provided. The analysis shall be completed for
each study peak hour for the development completion year, and any
interim years, if development phases are proposed. The evaluation
shall include the following for any study area intersections and/or
roadways where mitigation is required:
(1)
A volume/capacity analysis based on future with-development
traffic volumes with proposed improvements shall be performed during
the peak highway and development hours for all study roadways and
intersections including the site access(es). The level-of-service
results shall be presented graphically.
(2)
A queuing analysis (maximum queues) shall be performed during
the peak highway and development hours for each study intersection,
including the site access(es). The results of the queuing analysis
shall be presented graphically, and the available storage lengths
for all existing and proposed intersection approach lanes shall be
identified to determine the adequacy of these facilities to accommodate
the anticipated future vehicular traffic queues.
K.
Conclusions and Recommendations. This last report section shall include
a matrix comparing levels of service (overall and by lane group) on
each study roadway, site access intersection, and other study intersections,
if appropriate, for existing conditions, future conditions without
development, and future conditions with development with improvements.
If the development is to be phased, all interim future conditions
should be summarized. A summary of all recommended improvements should
also be provided, including the party responsible for each. Appropriate
summaries should be provided indicating that all future vehicular
queues can be provided within existing intersection approach lane
limits or with the future improvements to be provided by the applicant
or others.
[Ord. 3/29/1990B, § 819; as amended by Ord. 99-3, 6/23/1999, §§ 12, 13;
by Ord. 06-01, 2/13/2006, § 5; by Ord. 17-03, 3/27/2017; and by Ord. No. 22-05, 5/5/2022]
1.
Street trees shall be required along:
A.
Both sides of all existing streets when they abut or lie within the
proposed subdivision or land development, except where existing trees
serve to meet the planting requirement.
B.
Both sides of all proposed streets, whether public or private.
C.
Both sides of access driveways that serve five or more residential
dwelling units.
D.
Both sides of access driveways that serve two or more nonresidential
properties or uses.
E.
Major walkways through parking lots and between nonresidential buildings,
as recommended by the Board of Supervisors.
2.
The street tree requirement may be waived by the governing body to
maintain scenic views of open space, farmland, hedgerows, natural
features, or other valued features.
4.
Street trees shall be located within an eight-foot-wide verge. However,
in certain cases, as follows, the governing body may permit trees
to be planted outside of an eight-foot-wide verge:
A.
Where there are existing street trees that follow an existing pattern
outside of the verge and the pattern is desired to be maintained by
the Board of Supervisors, new street trees may be planted to fit the
existing pattern. However, in no case shall street trees be planted
further than eight feet from the existing closest edge of the sidewalk
or edge of cartway (if no sidewalk is present).
5.
Tree species shall be selected based on appropriate growth rates
and mature heights for use adjacent to overhead utility lines.
6.
Street trees shall be planted by the applicant to avoid conflicts with the right-of-way functions and with sight distance, while still permitting clear orientation of the trees to the street. At intersections, trees shall be located no closer than 30 feet from the intersection of the street rights-of-way. Refer to § 22-821.
7.
Trees shall be planted at a rate of at least one tree per 35 feet
of street frontage or fraction thereof. Trees shall be distributed
along the entire length of the public or private street frontage,
access driveway, or walkway, although they need not be evenly spaced.
[Added by Ord. No. 22-05, 5/5/2022]
The following design criteria and specifications shall apply
to all plants and landscaping provided in subdivisions and land developments
regulated by this chapter.
1.
Plantings shall be placed in arrangements and locations to best mitigate
the adverse impacts of the proposed site development. The required
plant material shall be distributed over the entire length and width
of any required buffer area.
2.
Plantings shall be spaced to comply with visual mitigation requirements
with consideration given to the provision for the future growth habits
and mature sizes of selected plant species.
A.
The locations, dimensions and spacing of required plantings shall
be adequate for their proper growth and maintenance, taking into account
the sizes of such plantings at maturity and their present and future
environmental requirements, such as moisture and sunlight.
B.
Plantings shall be limited or carefully selected for locations where
they may be disbursed or contribute to conditions hazardous to the
public's safety. Such locations include but shall not be limited
to the edges of parking areas, public street rights-of-way, underground
and aboveground utilities and sight triangle areas required for unobstructed
views at street intersections.
C.
Planting locations shall consider underground utilities and the need
for repairing these utilities, together with the presence of overhead
wires. No trees shall be planted closer than 15 feet from fire hydrants,
streetlights or stop signs.
3.
Plant species selection shall be based on the following considerations:
A.
Existing site conditions and their suitability for the selected plants
based on the site's soils, hydrology and microclimate.
B.
Specific functional objectives of the plantings which may include
but not be limited to visual screening, noise abatement, energy conservation,
wildlife habitat, erosion control, stormwater management, and aesthetic
value.
C.
Maintenance and replacement considerations such as hardiness, resistance
to insects and disease, longevity, availability, growth characteristics
and cost of plant materials.
D.
A minimum variety of tree species is required as follows:
|
Number of Trees
|
Minimum Number of Tree Species
|
Maximum Percentage of Any One Species
|
|---|---|---|
|
0 to 5
|
1
|
100%
|
|
6 to 15
|
3
|
50%
|
|
16 to 30
|
4
|
40%
|
|
31 to 50
|
6
|
30%
|
|
51 to 100
|
8
|
20%
|
|
100+
|
12
|
10%
|
4.
Existing healthy trees, shrubs, or woodlands may be substituted for
part or all of the required plant material at the discretion of the
Board of Supervisors. The minimum quantities and/or visual effect
of the existing vegetation shall be equal to or exceed that of the
required buffer. In order for existing vegetation to qualify for required
buffer plantings, proof must be provided to demonstrate that adequate
protection measures, particularly in the plant's root zone, are
incorporated into the plan.
5.
Planting plans shall be required; such plans shall be prepared by
a landscape architect registered by the Commonwealth of Pennsylvania
to engage in the practice of landscape architecture. Planting plans
shall include a planting schedule which summarizes the quantity, type,
size and root conditions of all plantings. A compliance chart shall
also be included, which demonstrates compliance with all of the requirements
of this article and any applicable chapters.
[Added by Ord. No. 22-05, 5/5/2022]
2.
Plant Specifications.
A.
All plants shall meet the minimum standards for health, form, and
root condition and plantings shall conform to the standards of the
publication American Standard for Nursery Stock, ANSI Z60.1, 2014
or later of the American Association of Nurserymen, as amended.
B.
All plant material shall be hardy and within the USDA hardiness zone
applicable to Montgomery County, Pennsylvania at the time of development.
All plant material used on the site shall have been grown within the
same USDA hardiness zone as the site and shall be nursery grown.
C.
Minimum plant size and spacing at time of planting shall meet Table
1, below.
|
Table 1. Minimum Plant Size and Spacing Requirement
| |||
|---|---|---|---|
|
Plant Type
|
Minimum Caliper at Time of Planting
(inches)
|
Minimum Height at Time of Planting
|
Minimum Spacing at Time of Planting
(feet)
|
|
Understory/flowering tree
|
2 to 2.5
|
12 to 14 feet (multistem)
|
15 to 20
|
|
Medium canopy tree
|
2 to 2.5
|
12 to 14 feet (multistem)
|
20 to 25
|
|
Large canopy tree
|
2 to 2.5
|
-
|
30 to 40
|
|
Large shrub
|
-
|
36 inches
|
**
|
|
Small shrub
|
-
|
18 to 24 inches*
|
**
|
|
Evergreen tree
|
-
|
8 feet
|
**
|
|
NOTES:
| |
|
*
|
Excludes groundcover shrubs which can be shorter.
|
|
**
|
Dependent on estimated mature width.
|
D.
Understory or ornamental trees or large shrubs may be deciduous or
evergreen and shall have a distinctive ornamental characteristic such
as prominent flowers, fruit, habitat, foliage, or bark.
E.
Small shrubs may be evergreen or deciduous.
3.
Minimum Soil Volumes. The registered landscape architect shall provide
details on the site plan that show a longitudinal section and depth
of planting areas 1,000 square feet and under in area demonstrating
compliance with minimum soil volume standards.
B.
Planting Soil Composition. Planting soils shall be a loam soil capable
of supporting a healthy vegetative cover, which is amended with composted
organic material, such as mushroom compost or leaf mulch, resulting
in an organic amended soil containing 20% to 30% organic material
(compost), and 70% to 80% topsoil screened of rocks, sod, and debris.
The minimum depth of the planting soil shall be 30 to 36 inches depending
on the size of the individual planting. A soil improvement detail
and notes, including the removal of all construction debris and existing
compacted soil and the proposed soil improvement mix, should be provided
with the landscape plan. Ensure trunk flare sits above finished grade;
compact soil below root ball as necessary.
C.
Alternative Methods. The alternative methods are for limited street
planting areas, where required soil volumes are unattainable without
implementing these methods. If the minimum soil volumes cannot be
achieved, as determined by the Township Engineer, the following alternative
options may be utilized:
(1)
Structural Soil Composition (Figure 3). Structural soil shall
be a mix of 80% AASHTO No. 57 stone and 20% loam soils. Such soil
may be used to supplement planting soil volume, provided it satisfies
all of the following conditions:
(2)
Suspended Pavements System (Figure 4). A tree/pavement support
system may be utilized that supports the weight of the pavement and
improves the urban tree health. The support structure, as well as
a pervious flexible pavement, creates a void space for increased tree
root/soil volume. The space shall be filled with a combination of
structural soils and native excavated soil, provided that it's
quality material, or a specified soil mix.
|
Figure 4: Suspended Pavements System
 |
(3)
Shared Root Zone Areas or Linear Tree Planting (Figure 5). The
system should allow the root systems of adjacent trees to join and
share soil space where available. Structural soils shall be utilized
beneath the sidewalk or hardscape, as noted above. The following minimum
soil volume per tree shall apply when such plants are shared any planting
areas.
4.
Maintenance.
A.
Safety. All sight triangles shall remain clear, and any plant materials
that could endanger safety such as unstable limbs shall be removed
and the plant materials shall be replaced if necessary. It shall be
the responsibility of all property owners to maintain all plantings
and architectural elements to ensure a safe environment.
B.
Maintenance guidelines for all plantings should be developed by the
planting plan designer to be used by grounds maintenance personnel.
[Added by Ord. No. 22-05, 5/5/2022]
1.
Intent. The intent of this section is as follows:
A.
Promote and induce well-designed and sustainable parking lot design
and retrofit designs which produce environmental benefits.
B.
Incorporate appropriate native plants into the suburban environment
to promote greater landscape resiliency, to create healthy ecosystems,
and to enhance natural environments of the Township.
C.
Integrate stormwater management and landscape design by the use of
plants to promote detention, treatment, infiltration and groundwater
recharge of rainwater.
D.
Shade paved surfaces to mitigate the urban heat island effect by
planting large canopy trees with effective green space and using paving
surfaces which minimize heat absorption.
E.
Improve the performance of existing parking lots in an equitable
manner when a redevelopment or retrofit is proposed.
F.
Provide effective landscape buffers for visual screening and noise
abatement of vehicular uses and parking, while enhancing the wildlife
habitat provided by trees and natural landscape.
2.
Applicability. Unless otherwise expressly stated, the interior landscape
and buffer requirements of this section shall apply to any of the
following:
A.
The construction or installation of new vehicular use areas;
B.
The expansion of existing vehicular use areas, if such repair, rehabilitation,
or expansion would increase the area of the vehicular use area by
more than 20% or by 10 spaces, whichever is greater;
C.
The existing vehicular use areas which are accessory to an existing
principal building, when such building or any portion thereof is expanded
or enlarged, provided that the gross floor area/building footprint/area
is increased by at least one of the following amounts:
3.
Interior Landscaping Area Standards. The following landscaping requirements
are intended to promote shading and healthy, vigorous growth of larger
shade trees, shrubs, and ground covers, as well as to create generous
physical space to accommodate rain gardens or depressed absorbent
areas for stormwater infiltration and detention within the parking
lot. The internal parking lot landscaping shall be provided according
to the following standards:
A.
Minimum Interior Landscaping area Requirements. The minimum required
interior landscaping area of parking areas shall be a percentage of
the total vehicle use area (VUA) on a lot, as indicated in the requirements
of Figure 6 below. By way of example only, and not limitation, a proposed
VUA of 20,000 square feet requires a minimum interior landscaping
area equivalent to 8% of the VUA, which is 1,600 square feet.
B.
Interior landscaping areas shall be composed of planting islands
and planting strips, with planting areas within them. The sum of the
surface areas which are pervious and composed of planting soil with
the required depth and composition as required in this chapter shall
constitute the interior landscaping area.
C.
The minimum ground coverage and canopy coverage of planting material,
as determined by the design canopy/ground coverage of the plant species
proposed, shall by 85% of the designated interior landscaping area.
D.
The applicant shall provide the number and locations of planting
areas, planting islands and planting strips, to satisfy the requirements
of this section.
E.
The applicant shall also propose the number and species of plant
materials to satisfy the requirements of this section above, provided
that a minimum of one shade or canopy tree is provided in a planting
island or planting strip for each 300 square feet of interior landscape
areas provided or fraction thereof. Such shade or canopy trees shall
be distributed throughout the parking lot to ensure well-distributed
canopy coverage of the vehicular use areas.
|
Figure 6: Interior Landscaping Requirements as Percentage of
Vehicular Use Area
| |
|---|---|
|
Vehicular Use Area (VUA22)
(square feet)
|
Percentage of VUA Required as Interior Landscaping Area
|
|
0 to 4,999
|
-0-
|
|
5,000 to 14,999
|
6%
|
|
15,000 to 49,999
|
8%
|
|
50,000 to 99,999
|
10%
|
|
100,000 to 149,999
|
13%
|
|
Greater than or equal to 150,000
|
15%
|
 |
F.
Parking lots with VUAs less than 5,000 square feet are exempt from interior landscape area requirements, However, the perimeter landscape and buffer landscape requirements of Subsection 3E and F above shall apply. If additional spaces or areas are added at a later date so that the lot is greater than 5,000 square feet, then the percentage of interior planting area required shall be calculated for all vehicular use areas on the site. Plantings shall be distributed throughout the entire interior where applicable in parking lot additions.
4.
Perimeter Landscape Buffer Requirements. For vehicular use areas of any size which are located in the side or rear yard of a property, or otherwise abut an adjacent property where no right-of-way intervenes, a twenty-five-foot minimum landscape buffer satisfying the requirements of § 22-835 shall be provided.
5.
Street and Sidewalk Buffer Requirements. For vehicular use areas of any size abutting a public or private street or sidewalk right-of-way, the applicant shall provide buffers that satisfy the requirements of § 22-835.
6.
Parking Landscaping Design Standards. The following standards shall
apply to all planting areas, planting and tree islands, planting strips,
and nonvehicular paved areas provided to satisfy the requirements
of this section.
A.
Any contiguous paved and curbed area greater than 50 square feet raised above and separated from the vehicular use areas shall be provided with a planting area, which shall meet the requirements of Subsection 6B, below.
B.
Planting Areas.
(1)
When planting areas are provided within interior parking lot
landscaping, including planting strips or planting islands, they shall
have curbs, wheel stops, or bollards for protection to prevent erosion
or automobile damage.
(2)
To the greatest extent feasible, rainwater should be directed
to the planting areas with curb cuts or inlets.
(3)
Minimum required planting soil depth: 30 inches.
(5)
Planting Soil Composition. Planting soils shall be a loam soil
capable of supporting a healthy vegetative cover, which are amended
with a composted organic material such as mushroom compost or leaf
mulch, resulting in an organic amended soil containing 20% to 30%
organic material (compost), and 70% to 80% topsoil screened of rocks,
sod and debris. Planting soil shall be at least four inches deeper
than the lowest elevation of the largest root ball. A soil improvement
detail and notes, including the removal of all construction debris
and existing compacted soil and the proposed soil improvement mix,
should be provided with the landscape plan.
(7)
At least 25% but no more than 50% of the plant materials shall
be evergreen.
C.
Planting Islands.
(1)
Planting islands shall be placed so as to provide safe movement
of traffic without interference with proper surface water drainage.
(2)
All parking rows must be terminated by a parking lot island
or landscape areas, provided that, in such cases when accessible parking
and gore areas are provided at the end of a row, planting islands
shall be accommodated elsewhere along the row in close proximity to
the row end.
(3)
Minimum required planting area: 324 square feet. Parking lots
containing only single-loaded parking aisles (parking spaces on only
one side of a drive aisle) are permitted planting areas of no less
than 162 square feet.
(4)
Minimum width of planting island: eight feet, measured from
the inside of the curbs.
(5)
Notwithstanding the presence of proposed trees, planting islands
require a minimum of 85% ground coverage of the plant species proposed.
(6)
Plants shall be selected or pruned to limit the height of vegetation
to two feet at the ends of a planting island at which vehicles turn
corners, in order to preserve the line of sight. Trees may be planted
in these areas, provided that branches are limbed up to preserve the
line of sight.
[Ord. 3/29/1990B, § 820; as amended by Ord. No.
22-05, 5/5/2022]
1.
All traffic control signs, street signs, and pavement markings shall
be in compliance with the requirements of the latest edition of the
Manual of Uniform Traffic Control Devices and/or PennDOT Publication
236 Handbook of Approved Signs.
2.
The developer shall erect at every street intersection a street sign
or street signs having thereon the name of the intersecting streets.
At intersections where streets cross, there shall be at least two
such street signs, and at an intersection where one street ends or
joins with another street, there shall be at least one such street
sign.
A.
Street signs are to be erected upon installation of the binder course
or upon issuance of the first building permit, whichever occurs first.
Temporary street signs may be erected on the approval of the Township
but shall be made permanent before final offer for the dedication
of roads is made.
B.
The signs shall be located in a manner making them visible at all
times with a minimum of effort by both pedestrian and vehicular traffic
and as close to the side of the cartway or curb as practical, but
no part of the name plate shall be permitted to overhang any part
of the cartway or curb.
C.
Street name plates, standards, installation and locations shall be
subject to the approval and inspection of the Township Engineer(s).
3.
The installation of all traffic control signs, equipment or devices,
required within the subdivision or land development and along the
frontage, shall be shown on the plan, approved by the Township Traffic
Engineer, Pennsylvania Department of Transportation, and/or Montgomery
County Roads and Bridges, where required, and installed at the cost
of the developer.
[Ord. 3/29/1990B, § 821; as amended by Ord. 12-03, 6/19/2012, § 12; by Ord. 12-05, 10/8/2012, § 12; and by Ord. No. 22-05, 5/5/2022]
1.
General.
A.
Sidewalks and verges shall be required on both sides of the street
within the ultimate right-of-way.
B.
Sidewalks shall be provided along both sides of existing and new
streets in all zoning districts.
C.
Shared-use paths shall be provided within all proposed subdivisions
and/or land developments.
2.
Design and layout.
B.
A verge shall exist between the curbline or edge of cartway and the
sidewalk, according to the following standards:
(1)
Verges between sidewalks and the curbs may contain streetlights,
trees, benches, trash cans, mailboxes, or newspaper boxes. No obstacle
in the verge may reduce the required sidewalk width for use by pedestrian
traffic.
(2)
The verge shall be maintained as a grass strip between the sidewalk
and the curb.
(3)
The width of the verge shall be eight feet, unless otherwise
directed by the Board of Supervisors, following a recommendation from
the Township Planning Commission and Township Engineer.
C.
The Board of Supervisors may require additional sidewalk width in
areas where higher volumes of pedestrian traffic are anticipated.
In no case shall sidewalk width be less than five feet.
D.
All sidewalk widths are exclusive of any obstacle. Sidewalk areas
comprised of streetlights, trees, benches, doors, trash cans, mailboxes,
newspaper boxes, telephone poles, or similar features may not be counted
towards meeting the minimum width.
E.
Additional sidewalks or paved trails shall be required where deemed
necessary by the Board of Supervisors to provide access to schools,
religious institutions, parks, community facilities, trails, and commercial
or employment centers, and to provide necessary pedestrian circulation
within land developments and/or subdivisions where otherwise required
sidewalks would not be sufficient for public safety and convenience.
F.
The grades and paving of the sidewalk shall be continuous across
driveways, except in nonresidential and performance standard developments
and in certain other cases, as required by the Board of Supervisors,
where heavy traffic volume dictates special treatment. The grade alignment
of all sidewalks shall be approved by the Township Engineer.
G.
Conflicts arising from the placement of street trees, utilities,
and verges should be discussed with the Township Planning Commission
and Township Engineer to determine appropriate placement and alignment.
H.
Proposed sidewalks shall maintain the pattern, material, and style
of Township's sidewalk network. Where proposed sidewalks meet
existing sidewalks which have a different width, a tapered transition
shall be constructed.
I.
At corners and pedestrian street-crossing points, sidewalks shall
be extended to the curbline with an adequate apron area for anticipated
pedestrian traffic.
J.
Where pedestrian crosswalks and/or shared-use paths cross any existing
and/or proposed street at mid-block locations where conflicting traffic
does not cross, the applicant shall provide the Township with a mid-block
pedestrian study in accordance with the latest PennDOT Publication
46 requirements to ensure adequate sight distance and safety of the
crossing. The use of advance and warning signs at the crosswalk, pavement
markings, curb bulb-outs, and other traffic control devices shall
be installed if recommended by the Township Traffic Engineer.
K.
In addition to the preceding requirements, all sidewalks and/or shared-use
paths shall provide for adequate and reasonable access for the safe
and convenient movement of physically handicapped persons, including
those in wheelchairs, across curbs at all pedestrian crosswalks and
across all driveways for ADA compliant driveway aprons. These facilities
shall be constructed in accordance with current ADA requirements based
upon PennDOT RC-67M Curb Ramps and Sidewalks Construction Details,
as amended. The following items are then required at a minimum in
conjunction with all land development plans:
(1)
Detailed design plans in accordance with current PennDOT requirements.
(2)
Completion of the latest CS-4401 forms along with identification
of any noncompliant elements.
(3)
For noncompliant components, the applicant shall be required
to provide a "technically infeasible" form documenting alternative
designs that were attempted and why the proposed noncompliant design
represents the minimum deviation. The applicant shall be required
to provide these forms for review and approval by the Township Engineer
and the forms will be kept on file at the Township.
(4)
As-built plans are required for all ramps upon completion of
construction to ensure compliance with all ADA-compliant ramp components
based upon the design documents noted above. If any ramp components
are found to be noncompliant, and a "technically infeasible" form
was not approved during the land development plan review process,
then the applicant shall be required to reconstruct the ramp at their
cost to be compliant as per the approved plans.
3.
Shared-Use Paths. The following standards shall apply to shared-use
paths.
A.
Shared-use paths shall be installed along proposed public and private
streets, common driveways, common parking areas, open space corridors
and trail easements as needed to connect the proposed development
with the Township's community bicycle and pedestrian network,
as shown in New Hanover Township's 2015 Bicycle and Pedestrian
Trails Master Plan, as amended, or to continue this network through
the development. All shared-use paths shall comply with the American
Association of State Highway and Transportation Officials (AASHTO)
Guide for the Development of Bicycle Facilities Fourth Edition, as
amended.
(1)
Shared-use paths shall be required wherever they fill a gap
in an existing bicycle and pedestrian network.
(3)
Border areas between a sidewalk and the curb may contain streetlights,
trees, benches, public use trash receptacles, mailboxes, or newspaper
boxes. No obstacle in the border area may reduce the required sidewalk
width for use by pedestrians.
(4)
Border areas shall be maintained as a grass strip between the
sidewalk and the curb. If grass is impractical at the site, brick
pavers or similar surface may be used at the discretion of the Board
of Supervisors upon the recommendation of the Township Planning Commission
and Engineer. In this case, a wider sidewalk may be necessary in place
of a border area to create a safer pedestrian environment.
(5)
Driveway crossings shall be designed in compliance with current
ADA, PennDOT and Township engineering standards.
(6)
Shared-use path cartways shall be at least eight feet in width,
although the Board of Supervisors may require additional width where
needed.
(7)
When shared-use paths are next to roads, driveways or parking
areas, they shall be separated from the curb or edge of the shoulder
by a planted strip of grass that is at least eight feet in width.
(8)
All shared-use paths shall have a right-of-way that is 25 feet
in width. Shared-use paths shall be located within this right-of-way,
no closer than five feet from the edge of the right-of-way.
(9)
All shared-use path rights-of-way shall be offered for dedication
to the Township. If the Township does not accept the offer of dedication,
a twenty-five-foot-wide access and maintenance easement shall be provided
along the length of a shared-use path.
(10)
When a subdivision or land development includes an existing
or a proposed shared-use path with public access as delineated in
the 2015 Bicycle and Pedestrian Trails Master Plan, or current edition,
or more recent revision thereof, the applicant shall make a provision
for the continued recreational use of the path subject to alterations
of the course of the path within the boundaries of the development
under the following conditions:
(a)
The points at which the shared-use path enters and exits the
tract shall remain unchanged.
(b)
The proposed alteration will not diminish the path design and
function.
(c)
Where an existing path runs coincidentally with the paved road
intended for use by motorized vehicles, landscaping and other physical
structures shall be used to increase the separation between the path
and the road.
(11)
The shared-use path shall be constructed of four-inch aggregate base of either gravel, crushed stone or slag with two-inch asphalt binder coarse and a one-inch wearing course. Where a shared-use path is integrated with a sidewalk system, concrete may be substituted provided the width is not reduced, in accordance with the chapter titled "Pedestrian Facilities" of the PennDOT Design Manual, Part 2, or any amendments thereto.
(12)
No shared-use path shall be designed with the intent to accommodate
motorized vehicles except for emergency or maintenance access, unless
approved by the Board of Supervisors upon review by the Township engineer.
The following design criteria shall be utilized:
(a)
The pavement cross-section shall match the Township's driveway
requirements.
(b)
The width of the trail shall be increased by at least two feet,
which will be verified based upon a turning movement template of the
largest vehicle anticipated to utilize the path.
(c)
Access to the path shall be provided in areas that do not conflict
with ADA ramps and a depressed curb area shall be provided with appropriate
pavement markings and signs restricting vehicles from parking in these
areas.
(d)
Retroreflective, flexible delineator posts shall be installed
along these sections of the path in fifty-foot intervals.
[Ord. 3/29/1990B, § 822; as amended by Ord. 93-3, 2/8/1993, § 40; and by Ord. No. 22-05, 5/5/2022]
1.
Purpose. The specific purposes to be served by these requirements
are:
A.
To add visual character and improve the appearance of parking areas
by reducing their massiveness into smaller units.
B.
To integrate parking areas into the pedestrian circulation system.
C.
To provide shade for parked cars and reduce heat islands, stormwater
runoff, and air pollution.
D.
To reduce random vehicular flow across parking areas.
E.
To facilitate snow removal and storm drainage by laying out the paving
surface with minimal obstructions.
2.
General.
A.
A parking space is a paved stall or berth covered or uncovered for parking motor vehicles, excluding space(s) within a public cartway. Parking facilities shall be provided off-street in accordance with the requirements of Chapter 27, Zoning, and this chapter. Use of any parking space for any other purpose is prohibited.
B.
Parking spaces designed for the exclusive use by disabled persons
shall be installed in all parking lots as close and convenient to
building entrances as is reasonable. The specific number and locations
of handicapped stalls shall be in conformance with the Americans with
Disabilities Act (ADA) and the design requirements of this section.
C.
Provisions for pedestrian safety within a parking lot shall be required
by providing sidewalks, delineated crosswalks, traffic calming devices,
signage, and/or other measures.
D.
Parking areas shall be designed to permit each motor vehicle to proceed
to and from the parking space provided for it without requiring the
moving of any other motor vehicle(s).
E.
Entrances and exits to and from off-street parking areas shall be
located so as to avoid interference with street traffic.
3.
All Parking Lots.
A.
Parking shall not be permitted along driveways which serve as the
entrance(s) or exit(s) to parking areas with a capacity of 50 vehicles
or more. A minimum driveway length of 50 feet shall be provided between
the road ultimate right-of-way line and the first parking space or
internal driveway intersection in parking lots with 50 vehicles or
more.
B.
Along arterial and collector streets, parking areas shall be designed
to allow for ingress and egress without backing into a street. Access
areas shall be designed so as to allow vehicles to enter a street
in a forward direction.
C.
Every off-street parking area shall include sufficient stacking space
to accommodate entering and exiting vehicles without overflowing into
adjacent streets or service roadways.
D.
Dead end parking areas are discouraged and shall not be used when
the required parking capacity can be accommodated in a layout that
permits more convenient vehicular movements. Up to 30 parking spaces
may only be located in a dead ended parking area, only if a suitable
turnaround area is provided at the closed end. Turning templates shall
be provided to ensure adequate turning area is provided.
E.
Emergency access shall be reviewed by the Township Fire Marshal subject
to compliance with the International Fire Code.
F.
All parking spaces shall be marked with a four-inch wide painted
line so that individual spaces are identifiable.
G.
The depth and width of parking areas reserved or laid out for commercial
and industrial uses shall be appropriate to those uses.
H.
Curbs or tire stops shall be designed for the protection of planting
strips and to prevent overhanging of pedestrian walks. Curbs shall
be designed to accommodate handicapped persons.
I.
Parking lots with less than 20 spaces shall not have a grade exceeding
5%. Parking lots with 20 or more spaces shall not have a grade exceeding
3%. Any grade, cut, fill or height difference exceeding four feet
shall be subject to approval of the Board of Supervisors.
J.
Wherever possible, the layout of parking aisles and rows shall be
perpendicular to building facades to facilitate channelization of
pedestrian movements.
K.
At no time shall angle or perpendicular parking be provided along
public or private streets. All parking lots and bays permitting parking
other than parallel shall be physically separated from the street
and confined by curbing or other suitable separating device.
L.
No less than a five-foot radius of curvature shall be permitted for
all curblines in all parking areas.
M.
Except at entrance and exit drives, all parking areas shall be set back from the future right-of-way line and all property lines at least 10 feet or as required by Chapter 27, Zoning (the greater provision shall prevail). The distance between this required setback and the cartway shall be maintained as a planting strip.
N.
Parking areas for commercial, industrial and performance standard
developments shall be lighted. All artificial lighting used to illuminate
any parking area shall be so designed that rays only illuminate the
parking areas and no direct rays shall fall upon any neighboring property
or street. A minimum level of one footcandle of light shall be maintained.
Lighting standards shall be located not less than two feet from the
paving of parking spaces, drives or streets.
4.
Pedestrian Pathways and Crosswalks. The following requirements shall
apply to all surface parking lots where 10 or more new parking spaces
are proposed:
A.
Pedestrian access to each building on-site from adjacent public sidewalks,
the street, and all areas of the parking lot shall be physically delineated
and provided through the installation of sidewalks and defined crosswalks.
B.
Pedestrian Pathways.
(1)
Pedestrian pathways shall be clearly separated from vehicular
use areas with sidewalks, landscaping, a change in grade, or a change
in paving material.
(2)
Pedestrian pathways in parking areas shall be barrier-free,
and a minimum of five feet wide. Additional width may be required
in some areas with heavy pedestrian traffic.
(3)
To facilitate pedestrian movement, at least one pedestrian route
shall be provided that enables access from the far end of the parking
lot to the main entry of a building.
C.
Crosswalks. Where a pedestrian circulation route within the parking
area crosses a vehicular drive aisle, a crosswalk with a differing
paving material, continental-style crosswalk markings, or a speed
table shall be provided.
5.
The following design standards shall be required for off-street parking facilities where the required number of off-street parking spaces, as specified in Chapter 27, Zoning, is three or more.
B.
The edge of any parking area shall not be closer than 15 feet to
the outside wall of the nearest building, whether on-site or on an
adjacent site. This area shall be used for sidewalks to entryways
and foundation plantings.
C.
Design standards for parking stalls shall not apply where the primary
purpose is that of vehicle storage related to sales, service or other
use. Unless otherwise specified, parking areas shall conform to the
following minimum dimensional standards based upon their intended
function.
|
Type
|
Aisle Width
(feet)
|
Stall Width
(feet)
|
Stall Depth
(feet)**
| |
|---|---|---|---|---|
|
One-Way
|
Two-Way
| |||
|
Conventional
|
20
|
24
|
9.5
|
19.0
|
|
Handicapped
|
20
|
24
|
12.5
|
19.0
|
|
Oversized*
|
(as determined by Township)
| |||
|
NOTES:
| |
|
*
|
Including, but not limited to, recreational vehicles, tandem
trailers, trucks and buses.
|
|
**
|
Stall depth shall be measured from the curb.
|
(1)
Parking for handicapped or physically disabled persons shall
be provided as for as follows:
|
Total Nonresidential Parking
|
Required Handicapped Parking
|
|---|---|
|
0 to 9
|
1 space
|
|
10 to 50
|
2 spaces
|
|
51 to or more
|
2 spaces plus 1 space per 50 spaces
|
(2)
Handicapped parking shall meet the latest ADA requirements.
(3)
In order to provide for flexibility in parking lot design and
layout, angle parking may be appropriate in certain instances. Where
angle parking is utilized, the width of stalls for various types of
parking uses shall remain consistent with the minimum dimensions established
for each, while the depth of stall and width of aisles may vary as
follows:
|
Angle of Parking
|
Aisle Width Variation
(feet)
|
Stall Depth Variation
(feet)
| |
|---|---|---|---|
|
One-Way
|
Two-Way
| ||
|
90°
|
0
|
0
|
0
|
|
60°
|
-2
|
-3
|
+1
|
|
45°
|
-5
|
-4
|
0
|
|
30°
|
-8
|
-4
|
-2
|
D.
For the purpose of servicing any property held under single and separate
ownership, entrance and exit accessways crossing the street line shall
be limited to one accessway along the frontage of any single street.
Unless and only if one accessway is impracticable in the judgment
of the Board of Supervisors, two accessways shall be permitted along
the frontage of any single street, and the centerlines of the two
accessways shall be spaced at least 80 feet apart. On all corner properties,
there shall be a minimum of 60 feet, measured at the curbline, between
the centerline of any entrance or exit accessway and the street line
of the street parallel to said accessway.
E.
Access drives shall be at least 12 feet from any side property line,
except for the additional requirements in buffer yards. If a shared
access agreement or common driveway situation exists, this requirement
shall not apply.
F.
Parking and display areas along arterial and collector roads shall
be set back at least 30 feet from the ultimate right-of-way of said
road in order to accommodate acceleration and deceleration lanes and
marginal access roads. Where vehicle sales is the primary use of a
parcel, parking and display areas shall be set back at least 15 feet
from the ultimate right-of-way.
[Ord. 3/29/1990B, § 823; as amended by Ord. No.
22-05, 5/5/2022]
1.
Where a land development includes off-street loading facilities,
the following standards shall be met:
A.
Each space shall be no less than 14 feet wide, 50 feet long and 17
feet high, exclusive of drive and maneuvering space, and located entirely
on the lot being served. The exact dimensions will be determined based
upon the largest vehicle that will provide deliveries to the site.
B.
There shall be adequate maneuvering space for all delivery vehicles,
as determined by the Township Traffic Engineer.
C.
Such facilities shall be designed and used in such a manner as to
at no time constitute a nuisance, a hazard or an unreasonable impediment
to traffic.
D.
The lighting requirements of this chapter shall be met, when applicable.
[Ord. 3/29/1990B, § 824; as amended by Ord. 96-5, 5/28/1996, §§ 6, 7;
by Ord. 99-3, 6/28/1999, §§ 14-16; by Ord. 06-01, 2/13/2006, § 6; by Ord. 07-02, 3/26/2007, § 9; and by Ord. No. 22-05, 5/5/2022]
1.
All uses and activities established after the effective date of this chapter shall comply with the following standards. Site alterations, regrading, filling or clearing of vegetation prior to the submission of applications for zoning or building permits or the submission of plans for subdivision or land development shall be a violation of this chapter. Refer to § 22-831 for the application of these standards.
A.
Floodplains. Those areas within the 100-year flood boundary and the approximate 100-year flood boundary as defined in Part 2 and delineated in the Flood Insurance Study prepared for New Hanover Township. These areas shall not be altered, regraded, filled or built upon except in conformance with § 22-833, Floodplain Regulations.
B.
Floodplain Soils.
(1)
Along streams, ponds, lakes and watercourses, where the 100-year floodplain has not been delineated, the requirements for the floodplain soils shall be met. All such areas shall not be altered, regraded, filled or built upon except in conformance with § 22-833, Floodplain Regulations.
(2)
Studies prepared by a registered engineer, expert in the preparation
of hydrological and hydraulic studies, may be used to delineate the
100-year floodway and floodplain soils and approximate 100-year flood
boundary. Such studies shall be subject to the review and approval
of the Board of Supervisors on the recommendation of the Township
Engineer.
C.
Steep Slopes. In areas of steep slopes, the following standards shall
apply:
D.
Woodlands. In the R-2 and R-2M-Residential District, no more than
20% of such areas shall be altered, regraded, cleared or built upon.
In all other zoning districts, no more than 50% of such areas shall
be altered. Any permitted clearing or alteration of woodland area
shall be undertaken to maintain, where possible, a continuous canopy
of trees where a continuous canopy and/or hedgerow exists.
E.
Mature Trees. In all zoning districts, no more than 40% of such trees
shall be cleared.
F.
Streams, Watercourses, Wetlands, Ponds, Lakes and Areas Within the
100-year Flood Boundary or Designated Floodplain Soils.
(1)
Such areas shall not be altered, regraded, developed, filled,
piped, diverted or built upon except that roads may cross streams,
watercourses and wetlands where design approval is obtained from the
Township and the Pennsylvania Department of Environmental Protection
and where no other reasonable access is available. Wetland areas shall
be staked in the field and shall remain staked until completion of
development.
(2)
A stream corridor setback shall be established along all streams
or watercourses, including intermittent watercourses. Such areas shall
not be altered, regraded, developed, built upon or cleared of existing
trees or natural vegetation, except for the removal of dead, diseased
or hazardous trees that jeopardize public safety or as part of a reforestation
project that is approved by the Board of Supervisors. Roads may cross
stream corridors where design approval is obtained from the Board
of Supervisors and where no other reasonable access is available.
A stream corridor, measured 100 feet from the centerline of the watercourse,
shall be maintained along Deep Creek, Schlegel Run, Swamp Creek, the
West Branch of the Swamp Creek, Middle Creek, Minster Creek, Sanatoga
Creek and Scioto Creek. A stream corridor, measured 75 feet from the
centerline of the watercourse, shall be maintained along all other
watercourses.
G.
Pond Shorelines. No more than 20% of such areas shall be altered,
regraded, filed or built upon.
H.
Wetlands Margin. No more than 20% of such areas shall be altered,
regraded, filled or built upon.
I.
Overlapping Resources. In the event that two or more resources identified in Subsection 1A through H overlap:
(1)
The resource with the greatest protection standard (the least
amount of alteration, regrading, clearing, cutting, building, etc.)
shall apply to the area of overlap.
(2)
The protection standard for the resource with the lesser protection
standard shall be applied to the area which does not overlap with
a resource requiring a greater protection standard.
(3)
In the area of overlap, the greatest protection standard of
the overlapping resources shall apply to all resources.
J.
Tree Protection Standards. The following requirements in all areas
where existing trees shall remain:
(1)
General Requirements:
(a)
Grade changes and excavations shall not encroach upon the tree
protection zone.
(b)
No toxic material, including petroleum-based and/or -derived
products, shall be stored within 100 feet of a tree protection zone.
(c)
The area within the tree protection zone (TPZ) shall not be
built upon, nor shall any materials be stored, temporarily or permanently,
within the TPZ. Vehicles and equipment shall not be parked in the
TPZ.
(d)
Where tree stumps are located within 100 feet of the TPZ, the
stumps shall be removed by means of a stump grinder to minimize the
effect on surrounding root systems.
(e)
Tree roots, which must be severed, shall be cut by a backhoe
or similar equipment aligned radially to the tree. This method reduces
the lateral movement of the roots during excavation, which could damage
the intertwined roots of adjacent trees if done by other methods.
(f)
Within four hours of any severance of the roots, all tree roots
that have been exposed and/or damaged shall be trimmed cleanly and
covered temporarily with moist peat moss, moist burlap or other moist
biodegradable material to keep the roots from drying out until permanent
cover is installed.
(g)
Sediment, retention and detention basins shall not discharge
into a TPZ.
(h)
Sediment, retention and detention basins shall not be located
within a TPZ.
(2)
The Tree Protection Zone (TPZ). Prior to construction or alteration
of the site, the TPZ shall be delineated by the following methods:
(a)
The TPZs shall conform to the approved development plans. Adjustments
in the field may be approved by the Township Engineer.
(b)
All trees scheduled to remain shall be marked. Where groups
of tree are to remain, only the edge trees need to be marked.
(c)
A forty-eight-inch-high construction fence, of a type as approved
on the development plan, shall be placed in the field along the boundary
of the TPZ. The location of the TPZ shall be inspected and approved
by the Township Engineer prior to commencing of clearing or site alterations.
The TPZ fencing shall remain in place and shall be maintained until
all work and construction has been completed. Any protective fencing
that is damage shall be replaced or repaired before further construction
begins.
(d)
Tree to be removed shall not be felled, pushed or pulled into
a TPZ or into trees that are to remain.
(3)
Retaining Walls. Where the original grade cannot be retained
at the TPZ line, a retaining wall shall be constructed outside the
TPZ. The retaining wall shall be designed to comply with standards
recommended by the Township Engineer for retaining walls. In addition,
the following methods shall be used to ensure survival of the trees:
(a)
The top of the wall shall be four inches above the finished
grade line.
(b)
The wall shall be constructed of large stones, brick, building
tiles, concrete blocks or treated wood beams not less than six inches
in width. A means for drainage through the wall shall be provided
so that water will not accumulate on either side of the wall.
(c)
Any severed roots which result from excavation shall be trimmed
so that their edges are smooth and are cut back to the lateral root,
if exposed.
(d)
A layer of clean stone (sized 3/4 to one inch) shall be placed
one foot from the inner side of the wall to aid in drainage.
(4)
Trenching and Tunneling. If there is no alternative to locate
a utility line through a TPZ, tunneling shall be used instead of trenching,
except where, in the opinion of the Township Engineer or a municipal/consultant
arborist, survival of the tree would not be affected by either method.
The Township Engineer or municipal/consultant arborist shall determine
the most appropriate location for the utility line. Trenches shall
be filled as soon as possible and tamped to avoid air spaces.
[Ord. 3/29/1990B, § 825; as amended by Ord. 93-3, 2/8/1993, §§ 41, 42;
by Ord. 96-5, 5/28/1996, § 7; by Ord. 97-7, 10/13/1997, § 826; by Ord. 99-3, 6/28/1999, § 17;
by Ord. 06-01, 2/13/2006, § 7; and by Ord. 07-02, 3/26/2007, § 5; and by Ord. No. 21-02, 4/1/2021; and by Ord. No. 22-05, 5/5/2022]
1.
In order to meet the natural resource protection standards of § 22-831, Subsection 1A through H, the applicant shall provide the following information with application for subdivision or land development. The applicant shall provide the following information to ensure that each proposed lot is buildable under the terms of this chapter.
A.
Applications for the uses listed in Subsection 1A(1) and (2) need not be accompanied by the information specified in Subsection 1B and C. However, the resource protection standards of § 22-831, Subsection 1A through H, shall be met. No regrading, clearing, filling, cutting of trees, building or development that would violate these protection standards shall take place.
(1)
Principal uses, accessory uses and building additions/expansions
involving not more than 420 square feet of building coverage and not
more than 1,600 square feet of lot area regraded or altered.
(2)
Accessory uses and building additions/expansions for all other
uses, other than B2, "Performance Standard Development," and B3, "Mobile
Home Park," involving not more than 420 square feet of building coverage
and not more than 1,600 square feet of lot area regraded or altered.
B.
Subdivision or land development applications listed in this subsection shall be accompanied by a site plan that provides the following information. All lots shall have a contiguous building envelope of at least an area as indicated below within the overall lot. The purpose of the building envelope is to provide sufficient area for the general location of the building, driveway, parking areas, patios, other improvements and site alterations while meeting the natural resource protection standards of § 22-831, Subsection 1A through H, and the minimum setback requirements of Chapter 27, Zoning. However, preexisting, nonconforming lots as to the dimensional standards of Chapter 27, Zoning, are exempted from the terms of this Subsection 1B, as long as they comply with the performance standards set forth within this chapter. This provision shall apply to principal and accessory uses specified in Subsection 1B(1) below.
(1)
Principal uses, accessory uses and building addition/expansions
involving more than 420 square feet of building coverage or more than
1,600 square feet of lot area regraded or altered on the individual
lots.
(2)
A minimum building envelope as indicated below shall be shown
for each lot. However, if the use intended and the lot areas to be
regraded or altered would be greater than the minimum building envelope,
the greater area shall be shown on the site plan.
|
District
|
Minimum Building Envelope
| |
|---|---|---|
|
Use B1
(square feet)
|
Other Uses
(square feet)
| |
|
R-2
|
8,500
|
20,000
|
|
R-2M
|
8,500
|
20,000
|
|
R-25
|
5,000
|
14,000
|
|
R-15
|
5,000
|
14,000
|
|
R-5
|
7,000
|
15,000
|
|
RV
|
5,000
|
14,000
|
|
CB-1
|
—
|
6,000
|
|
CB-2
|
—
|
15,000
|
|
CC
|
—
|
15,000
|
|
LI
|
—
|
15,000
|
|
HI
|
—
|
34,000
|
(3)
For uses with on-lot sewage systems, a 3,000-square-foot or larger area, in addition the building envelope specified in Subsection 1B(1) above, shall be identified for the location of the sewage system. Such additional area shall not include natural features with a 100% protection standard and the portion of those natural features that may not be developed or intruded upon as specified in § 22-831.
(4)
Applicants for subdivision or land development approval shall
submit the following information:
(a)
A site plan which illustrates all natural resources on the site
and the proposed use on the site.
(b)
All encroachments and disturbances necessary to establish the
proposed use on the site.
(c)
Calculations which indicate the area of the site with natural
resources; the area of natural resources that would be disturbed or
encroached upon; and the area of the site included in the building
envelope.
(d)
Applicants are not required to illustrate and calculate woodland areas and areas of mature trees for the purpose of identifying the building envelope. The building envelope may include woodland areas and mature trees. However, the requirements of §§ 22-831, Subsection 1D and E, shall be met for all uses, subdivisions and land developments.
C.
The following site capacity calculations shall be submitted with applications for all other uses including Use B2, "Performance Standard Development" or Use B3, "Mobile Home Park." Through these calculations, the net buildable site area, the maximum number of lots or dwelling units, the maximum number of impervious surfaces and the required open space will be determined for the specific site. The required open space shall be the minimum open space as related to the minimum open space ratio specified in § 27-305, Use Regulations, of Chapter 27, Zoning, or the combination of the calculated resource protection land and recreation land, whichever is the greater amount. Areas identified as resource protection land shall be included in the required open space for these uses.
(1)
Base Site Area. Calculate the base site area. From the total
site area, subtract ultimate rights-of-way of existing roads; existing
utility rights-of-way; land which is not contiguous or which is separated
from the parcel by a road or railroad; land designated within another
zoning district classification; or land shown on previous subdivision
or land development plans as reserved for open space.
|
Total Site Area
|
-__________ acres.
|
|
Subtract Restrictions
|
-__________ acres.
|
|
Base Site Area
|
-__________ acres
|
(2)
Land With Resource Restrictions and Resource Protection Land.
Calculate the land with resource restrictions and the resource protection
land. In the event that two or more resources overlap, only the resource
with the highest open space ratio shall be used in the calculations
for the area of overlap.
|
Resource
|
Open Space Ratio
|
Acres of Land in Resources
|
Resource Protection Land (Acres x Open Space Ratio)
|
|---|---|---|---|
|
Floodway
|
100%
| ||
|
Flood Fringe
|
80%*
| ||
|
Approx. 100-year Flood Boundary
|
100%**
| ||
|
Floodplains Soils
|
100%**
| ||
|
Steep Slopes:
| |||
|
15 to 25%
|
70%
| ||
|
25% or more
|
80%
| ||
|
Woodlands:
| |||
|
R-25, R15, R5, RV, CB1, CB-2, CC, LI, HI, R-2, R-2M
|
50%
| ||
|
80%
| |||
|
Watercourses Streams, Ponds
|
100%
| ||
|
Wetlands
|
100%
| ||
|
Pone Shorelines
|
80%
| ||
|
Wetland Margins
|
80%
| ||
|
Land with Resource Restrictions
|
_____ acres
| ||
|
Resource Protection Land
|
_____ acres
|
|
NOTES:
| |
|
*
|
If the flood fringe area has been delineated, or if the applicant delineates the floodway and flood fringe area then only the permitted uses stated in § 22-833, Subsection 3E, will be approved by the Township. The applicant must demonstrate to the Township the maximum percentage of area to be affected by the permitted use. If there are other resource protection areas within the flood-fringe area, such as wetland, woodlands, etc., these areas may govern and control use of the flood fringe area where a greater protection standard would apply to the other natural resource. The permitted use may not be allowed if the other resource protection areas restrict the uses. If the flood fringe is delineated by the applicant per § 22-833, Subsection 3E(2), review and approval by the Township and FEMA, as well as the filing of a map revision, will be required as part of the approval of the permitted use.
|
|
**
|
If the applicant does not perform a delineation of the floodway
and flood fringe then the 100% restriction shall apply.
|
(3)
Recreation Land. Calculate land for recreation.
|
Base Site Area
|
_____ acres
|
|
Subtract Land with Resource Restrictions
|
_____ acres
|
|
Remainder
|
_____ acres
|
|
Multiply by 1/3 Minimum Open Space
|
_____
|
|
Ratio x
| |
|
Recreation Land
|
_____ acres
|
(4)
Combine Resource Protection Land and Recreation Land.
|
Resource Protection Land
|
_____ acres
|
|
Add
| |
|
Recreation Land
|
_____ acres
|
(5)
Standard Minimum Open Space. Calculate the standard minimum
open space.
|
Base site area
|
_____ acres
|
|
Multiply by Minimum Open Space
|
_____ acres
|
|
Standard Minimum Open Space
|
_____ acres
|
(6)
Determine Required Open Space. The required open space is the
resource protection and recreation land or the standard minimum open
space, whichever is greater.
(7)
Net Buildable Site Area. Calculate the net buildable site area.
|
Base site area
|
_____ acres
| |
|
Subtract Required Open Space
|
-
|
_____ acres
|
|
Net Buildable Site Area
|
=
|
_____ acres
|
(8)
Number of Dwelling Units/Lots. Calculate the maximum number
of dwelling units.
|
Base Site Area
|
_____ acres
| |
|
Multiply by Maximum Density
|
x
|
_____ acres
|
|
Number of Dwelling Units
|
_____ dwelling
|
(9)
Impervious Surfaces. Calculate the maximum area of impervious
surfaces.
|
Base Site Area
|
_____ acres
| |
|
Multiply by Maximum Impervious
|
_____
| |
|
Surface x Ratio
|
x
| |
|
Impervious Surfaces
|
=
|
_____ acres
|
(10)
Site Capacity Summary.
|
Required Open Space (6)
|
_____ acres
|
|
Net Buildable Site Area (7)
|
_____ acres
|
|
Maximum Number of Dwelling Units/Lots (8)
|
_____ units
|
[Ord. 3/29/1990B, § 826; as amended by Ord. 93-3, 2/8/1993, §§ 43, 44;
by Ord. 96-5, 5/28/1996, § 8; by Ord. 01-6, 10/22/2001, § 3; by Ord. 09-03, 6/22/2009, § 3;
by Ord. 17-03, 3/27/2017; and by Ord. No. 22-05, 5/5/2022]
1.
No structure or land shall hereafter be used and no structure shall be located, relocated, constructed, reconstructed, enlarged, substantially improved or structurally altered except in full compliance with the terms and provisions of this part and any other applicable ordinances and regulations which apply to uses within the jurisdiction of this chapter and all other applicable codes and ordinances such as this chapter and Chapter 5, Code Enforcement, Part 2, Uniform Construction Code. Zoning and building permits shall be required before any construction or development is undertaken within any area of the Township. In addition, all such uses, activities and development shall be undertaken only in compliance with federal or state law, including § 404 of the Federal Water Pollution Control Act, Amendments of 1972, 33 U.S.C. § 1334.
2.
Under no circumstances shall any use, activity and/or development
adversely affect the capacity of the channels or floodways of any
watercourse, drainage ditch or any other drainage facility or system.
3.
Prior to any proposed alteration or relocation of any stream, watercourse,
etc., within the Township, the proposed alteration shall be evaluated
and receive a conditional approval from FEMA for the work to proceed.
Additionally, a permit shall be obtained from the Department of Environmental
Protection, Bureau of Dams and Waterway Management. Further, notification
of the proposal shall be given to all affected adjacent municipalities.
Copies of such notifications shall be forwarded to both the Federal
Emergency Management Agency and the Department of Community and Economic
Development.
A.
Purpose. The purpose of these provisions is to prevent the loss of
property and life, the creation of health and safety hazards, the
disruption of commerce and governmental services, the extraordinary
and unnecessary expenditure of public funds for flood protection and
relief; and to protect the tax base by:
(1)
Regulating uses, activities and development which (acting alone
or in combination with other existing or future uses, activities and
development) will cause unacceptable increases in flood heights, velocities
and frequencies.
(2)
Restricting or prohibiting certain uses, activities and development
from locating within areas subject to flooding.
(4)
Protecting individuals from buying lands and structures which
are unsuited for intended purposes because of flood hazards.
B.
Warning and Disclaimer of Liability.
(1)
The degree of flood protection sought by the provisions of this
chapter is considered reasonable for regulatory purposes and is based
on acceptable engineering methods of study. Larger floods may occur
on rare occasions. Flood heights may be increased by man-made or natural
causes. This chapter does not imply that areas outside the floodplain
districts or that land uses permitted within such districts will be
free from flooding or flood damages.
(2)
This chapter shall not create liability on the part of the Township
or any officer or employee thereof for any flood damages that result
from reliance on this chapter or any administrative decision lawfully
made thereunder.
C.
Establishment of Floodplain Areas. For the purpose of this chapter,
various floodplain areas are identified which are subject to the provisions
of this section. These floodplain areas are:
D.
Use of Floodplain Areas.
(1)
The floodplain areas described above shall be overlays to the
existing underlying zoning districts and the floodplain provisions
shall serve to supplement the underlying zoning provisions. Where
there is a conflict between the provisions or requirements of any
floodplain requirement and those of the underlying zoning, the more
restrictive provisions and/or those pertaining to the floodplain area
shall apply. However, in all cases the floodplain requirements shall
be met.
(2)
In the event any provision concerning a floodplain regulation
is declared inapplicable as a result of any legislative or administrative
actions or judicial discretion, the basic underlying zoning district
provision shall remain applicable.
(3)
The delineation of any of the floodplain area may be revised
by the Township where natural or man-made changes have occurred and/or
where more detailed studies conducted or undertaken by the U.S. Army
Corps of Engineers, a river basin commission or other qualified agency
or individual documents the notification for such change. Where a
map revision is proposed as part of a subdivision or land development
plan, a conditional letter of map revision must be obtained from the
Federal Management Agency (FEMA) prior to the plan being granted preliminary
approval by the Township.
(4)
Initial interpretation of the boundaries of the floodplain areas
shall be made by the Zoning Officer. Should a dispute arise concerning
the boundaries of any of the areas, the Zoning Hearing Board shall
make the necessary determination. The persons questioning or contesting
the location of the boundary shall be given a reasonable opportunity
to present their case to the Board and to submit their own technical
evidence if they so desire.
E.
Floodway Area and Flood Fringe Area Regulations.
(1)
Floodway Area Regulations. In the floodway area, encroachments
including fill, new construction, substantial improvements and other
development are prohibited except as follows:
(a)
Permitted Uses. In the floodway area, the following uses and activities are permitted provided that they meet the following: they are in compliance with the provisions of the underlying zoning district and are not prohibited by any other ordinance or federal or state regulation; the use consists of "development" as defined in § 22-833, Subsection 3N, and it is demonstrated by the applicant, in accordance with standard engineering practice, that the proposed encroachment will not result in any increase in the 100-year flood levels.
1)
Agricultural uses such as general farming, pasture, grazing,
outdoor plant nurseries, horticulture, truck farming, forestry, sod
farming and wild crop harvesting.
2)
Public and private recreational uses and activities such as
parks, day camps, picnic grounds, golf courses, boat launching and
swimming areas, hiking and horseback riding trails, wildlife and nature
preserves, game farms, fish hatcheries, trap, skeet and rifle ranges
and hunting and fishing areas.
3)
Accessory residential uses such as yard areas, gardens, play
areas and pervious parking areas.
4)
Accessory industrial and commercial uses such as yard areas,
pervious parking and loading areas, airport landing strips, etc.
5)
Roads may cross the floodway where design approval is obtained
from the Township and the Pennsylvania Department of Environmental
Protection where required, and where no other reasonable access is
available.
(2)
Flood Fringe Area Regulations. In the flood fringe areas, encroachments,
including fill, new construction, substantial improvements and other
development that would result in any increase in flood levels within
the community during the 100-year flood as prohibited except as follows:
(a)
Permitted Uses. In the flood fringe area, the following uses and activities are permitted provided that they meet the following: they are in compliance with the provisions of the underlying zoning district and are not prohibited by any other or ordinance or federal or state regulation; and the use consists of "development" as defined in § 22-833, Subsection 3N.
1)
Agricultural uses such as general farming, pasture, grazing,
outdoor plant nurseries, horticulture, truck farming, forestry, sod
farming and wild crop harvesting.
2)
Public and private recreational uses and activities such as
parks, day camps, picnic grounds, golf courses, boat launching and
swimming areas, hiking and horseback riding trails, wildlife and nature
preserves, game farms, fish hatcheries, trap, skeet and rifle ranges
and hunting and fishing areas.
a)
Recreational vehicles which are fully licensed and ready for highway
use may be parked or placed on a flood fringe area for up to 180 consecutive
days. A recreational vehicle is ready for highway use if it is on
wheels or jacking system is attached to the site only by quick-disconnect-type
utilities and security devices and has no permanently attached additions.
b)
Recreational vehicles may be parked or placed on a flood fringe area
for more than 180 consecutive days if they are evaluated and anchored
to a Township-approved foundation as required for single-family detached
dwellings. Additionally, they shall not be occupied for any period
exceeding 180 consecutive days until approved for full-time occupancy
as a single-family dwelling.
3)
Accessory residential uses such as yard areas, gardens, play
areas and pervious parking areas.
4)
Accessory industrial and commercial uses such as yard areas,
previous parking and loading areas, airport land strips, etc.
5)
a)
Any manufactured home designed as a single living unit, elevated
and anchored to a permanent Township-approved foundation, engineered
to withstand or offset any flood or wind forces, shall be treated
as a single-family residence.
6)
Roads may cross over or encroach in the flood-fringe areas where
design approval is obtained from the Township and the Pennsylvania
Department of Environmental Protection where required, and where no
other reasonable access is available.
F.
Approximate 100-Year Flood Boundary Area and Floodplain Soils Area
Regulations. Along those portions of streams and watercourses where
the floodways and flood fringe areas, as defined in Part 2, have not
been determined, one of the two following regulations pertaining to
the approximate 100-year flood boundary areas, and floodplain soils
areas shall apply:
(2)
The applicant for a proposed use, development or activity in
approximate 100-year flood boundary areas and/or floodplain soils
areas shall determine the floodway and flood fringe areas, thereby
identifying the 100-year floodplain, in accordance with hydrologic
and hydraulic engineering techniques as follows:
(a)
The applicant shall provide sufficient documentation to demonstrate that his proposed activity, together with all other existing and anticipated development, uses and activities, will not encroach within the floodway area except as allowed in § 22-833, Subsection 3E, Floodway Area and Flood Fringe Area Regulations, and that encroachments into the flood fringe areas, as allowed in § 22-833, Subsection 3E, Floodway Area and Flood Fringe Area Regulations, will not increase the depth of the 100-year flood by more than one foot. The engineering principle of standard step method (HEC-2) shall be used to make the determination of increases in flood heights.
(b)
Hydrologic and hydraulic analyses shall be undertaken only by
professional engineers or others of demonstrated qualifications, who
shall certify that the technical methods used correctly reflect currently
accepted technical concepts. Studies, analyses, computations, etc.,
shall be submitted in sufficient detail to allow a thorough technical
review by the Township. The study must be approved by the Board of
Supervisors and shall also be prepared to conform to FEMA standards
for their review and approval and for map revision or amendment.
G.
Development Which May Endanger Human Life. Any new or substantially improved structure which will be used for the production or storage of any of the following or similar dangerous materials or substances; or which will be used for any activity requiring the maintenance of a supply (more than 550 gallons or other comparable volume or any amount of radioactive substances) of any dangerous materials or substances on the premises shall not be permitted in the areas identified as a floodplain as referenced in § 22-833, Subsection 3C:
(1)
Acetone.
(2)
Ammonia.
(3)
Benzene.
(4)
Calcium carbide.
(5)
Carbon disulfide.
(6)
Celluloid.
(7)
Chlorine.
(8)
Hydrochloric acid.
(9)
Hydrocyanic acid.
(10)
Magnesium.
(11)
Nitric acid and oxides of nitrogen.
(12)
Petroleum products (gasoline, fuel, oil, etc.)
(13)
Phosphorus.
(14)
Potassium.
(15)
Sodium.
(16)
Sulphur and sulphur products.
(17)
Pesticides (including but not limited to insecticides, herbicides,
fungicides and rodenticides and plant growth regulators).
(18)
Radioactive substances, insofar as such substances are not otherwise
regulated.
H.
Special Requirements for Manufactured/Mobile Homes. No manufactured/mobile home shall be permitted in the areas identified in Subsection 3C, except as a legal structure which became nonconforming November 20, 1969, upon enactment of floodplain regulations for mobile homes. Any new manufactured home on a single building lot or replacing an existing unit within an existing manufactured/mobile home park shall be elevated as required and anchored to a permanent foundation. The foundation shall be approved by the Township and it shall be demonstrated that the foundation/unit will be able to withstand all forces of wind and flood.
I.
Existing Structures in the Floodplain Areas. A structure or use of
a structure or premises which lawfully existed before November 20,
1969, but which is not in conformity with these provisions, may be
continued subject to the following conditions:
(1)
Existing structures and/or uses shall not be expanded or enlarged
unless the effect of the proposed expansion or enlargement on flood
heights is fully offset by accompanying improvements.
(2)
The modification, alteration, repair, reconstruction, rehabilitation,
addition or improvement of any kind to a structure and/or use, regardless
of its location in a floodplain area, to an extent or amount of 50%
or more of its market value before the start of construction shall
be undertaken only in full compliance with the provisions of this
and any other applicable ordinances.
J.
Anchoring, Elevation and Floodproofing Requirements.
(1)
Residential Structures. Within any floodplain area, the lowest
floor (including basement) of any new construction or substantially
improved residential structure shall be at least 1 1/2 feet above
the 100-year flood elevation. The appropriate elevation certifications
shall be submitted to the Township.
(2)
Nonresidential Structures. Within any floodplain area, the lowest
floor (including basement) of any new construction or substantially
improved nonresidential structure shall be at least 1 1/2 feet
above the 100-year flood elevation, or be designed and constructed
so that the space enclosed by such structure shall remain either completely
or essentially dry in accordance with the publication entitled "Flood-Proofing
Regulations" (U.S. Army Corps of Engineers, June 1972), or some other
equivalent standard, for that type of construction. All plans and
specifications for such floodproofing shall be accomplished by a statement
certified by a registered professional engineer or architect which
states that the proposed design and methods of construction are in
conformance with the above referenced standards.
(3)
Anchoring.
(a)
All buildings and structures shall be firmly anchored in accordance
with accepted engineering practices to prevent flotation, collapse
or lateral movement.
(b)
All air ducts, large pipes, storage tanks and other similar
objects or components located below the regulatory flood elevation
shall be securely anchored or affixed to prevent flotation.
K.
Design and Construction Standards.
(1)
Fill. If fill is used, it shall:
(a)
Extend laterally at least 15 feet beyond the building from all
points.
(b)
Consist of soil or small rock materials only; solid waste landfills
shall not be permitted.
(c)
Be compacted to provide the necessary permeability and resistance
to erosion, scouring or settling.
(d)
Be no steeper than one vertical to three horizontal, unless
substantial data justifying steeper slopes are to be submitted to,
and approved by, the Building Inspector.
(e)
Be used to the extent to which it does not adversely affect
adjacent properties.
(2)
Hydrostatic Pressure. For all new construction and substantial
improvements, fully enclosed areas below the lowest floor that are
subject to flooding shall be designed to automatically equalize hydrostatic
flood forces on exterior walls by allowing for the entry and exit
to floodwaters. Designs for meeting this requirement must either be
certified by a registered professional engineer or meet or exceed
the following minimum criteria. A minimum of two openings having a
total net area of not less than one square inch for every square foot
of enclosed area subject to flooding shall be provided. The bottom
of all openings shall be no higher than one foot above grade. Openings
may be equipped with screens, louvers, valves or other coverings or
devices; provided, that they permit the automatic entry and exit of
floodwaters.
(3)
Water and Sanitary Sewer Facilities and Systems.
(a)
All new or replacement water and sanitary sewer facilities and
systems shall be located, designed and constructed to minimize or
eliminate flood damages and the infiltration of floodwaters.
(b)
Sanitary sewer facilities and systems shall be designed to prevent
the discharge of untreated sewage into floodwaters.
(c)
No part of any onsite sewage system shall be located within
any identified floodplain or floodplain soils area except in strict
compliance with all state and local regulations for such systems.
If any such system is permitted, it shall be located so as to avoid
impairment to it, or contamination from it, during a flood.
(4)
Other Utilities. All other utilities, such as gas lines, electrical
and telephone systems, shall be located, elevated (where possible),
and constructed to minimize the chance of impairment during a flood.
(5)
Streets. The finished elevation of all new streets shall be
at least one foot above the 100-year flood elevation.
(6)
Storage. All materials that are buoyant, flammable, explosive or, in times of flooding, could be injurious to human, animal or plant life and not listed in § 22-833, Subsection 3G, Development Which May Endanger Human Life, shall be stored at or above the regulatory flood elevation and/or flood-proofed to the maximum extent possible.
(7)
Placement of Buildings and Structures. All buildings and structures
shall be designed, located and constructed so as to offer the minimum
obstruction to the flow of water. They shall be designed to have a
minimum effect upon the flow and height of floodwater.
(8)
Required Information. The applicant shall submit plans for all
proposed buildings, structures and other improvements, drawn at suitable
scale showing the following:
(a)
The proposed lowest floor elevation of any proposed building
based upon National Geodetic Vertical Datum of 1929.
(b)
The elevation of the 100-year flood.
(c)
If available, information concerning flood depths, pressures,
velocities, impact and uplift forces and other factors associated
with a 100-year flood.
(d)
Detailed information concerning any proposed flood-proofing
measures.
L.
Prohibited Activities in the Floodplain Areas. In addition to the requirements of Subsection 3E of this section, the following activities shall be prohibited within any identified floodplain are of the Township:
(1)
The commencement of any of the following activities or the construction,
enlargement or expansion of any structure used, or intended to be
used, for hospitals, nursing homes, jails or prisons.
(2)
The placement of more than one manufactured home; the commencement
of construction of a new manufactured home park subdivision; or a
substantial improvement to an existing manufactured home park subdivision.
M.
Variances. If compliance with any of the requirements of this section
would result in an exceptional hardship for a prospective builder,
developer or landowner, the Zoning Hearing Board may, upon request,
grant relief from the strict application of the requirements. All
requests for variances shall be considered by the Zoning Hearing Board
in accordance with the following:
(1)
No variance shall be granted for any construction, development,
use or activity within any floodway area that would cause any increase
in the 100-year flood elevation.
(3)
If granted, a variance shall involve only the least modification
necessary to provide relief.
(4)
In granting any variance, the Zoning Hearing Board shall attach
whatever reasonable conditions and safeguards it considers necessary
in order to protect the public health, safety and welfare and to achieve
the objectives of this chapter.
(6)
In reviewing any request for a variance, the Zoning Hearing
Board shall consider, but not be limited to, the following:
(a)
That there is good and sufficient cause.
(b)
That failure to grant the variance would result in exceptional
hardship to the applicant.
(c)
That the granting of the variance will neither result in unacceptable
or prohibited increase in flood heights; additional threats to public
safety; extraordinary public expense; creation of nuisances; fraud
on, or victimization of the public; conflict with any other applicable
federal, state statute or regulation, or local ordinance or regulation.
(d)
Variance may be issued for the repair or rehabilitation of historic
structures upon a determination that the proposed repair or rehabilitation
will not preclude the structure's continued designation as an
historic structure and the variance is the minimum necessary to preserve
the historic character and design of the structure.
(7)
A complete record of all variance requests and related actions
shall be maintained by the Township. In addition, a report of all
variances granted during the year shall be included in the annual
report to the Federal Insurance Administration.
(8)
Notwithstanding any of the above, all structures shall be floodproofed,
designed and constructed so as to have the capability of resisting
the 100-year flood. Designs shall be approved by the Township and/or
any other applicable agencies.
N.
DEVELOPMENT
HISTORIC STRUCTURE
(1)
(2)
(3)
(4)
LOWEST FLOOR
NEW CONSTRUCTION
RECREATION VEHICLE
START OF CONSTRUCTION
SUBSTANTIAL DAMAGE
SUBSTANTIAL IMPROVEMENT
(1)
(2)
Definitions. For the purposes of this section, the following definitions
shall apply:
Any man-made change to improved or unimproved real estate
including, but not limited to, buildings or other structures, mining,
dredging, filling, grading, paving, excavation or drilling operations
or the storage of equipment or materials.
Any structure that is:
Listed individually in the National Register of Historic Places
(a listing maintained by the U.S. Department of the Interior) or preliminarily
determined by the Secretary of the Interior as meeting the requirements
for individual listing on the National Register.
Certified or preliminarily determined by the Secretary of the
Interior, as contributing to the historical significance of a registered
historic district or a district preliminarily determined by the Secretary
to qualify as a registered historic district.
Individually listed on a state inventory of historic places
in states with historic preservation programs which have been approved
by the Secretary of the Interior.
Individually listed on a local inventory of historic places
in communities with historic preservation programs that have been
certified either:
The lowest floor of the lowest fully enclosed area (including
basement). An unfinished, flood-resistant partially enclosed area,
used solely for parking of vehicles, building access and incidental
storage in an area other than a basement area, is not considered the
lowest floor of a building; provided that such space is not designed
and built so that the structure is in violation of the applicable
nonelevation design requirements of this chapter.
For floodplain management purposes, structures for which
the start of construction commenced on or after the effective date
of a floodplain management ordinance adopted by New Hanover Township,
or after December 20, 1979, whichever is later, and includes any subsequent
improvements to such structure.
A vehicle which is: a) built on a single chassis; b) not
more than 400 square feet, measured at the largest horizontal projections;
c) designed to be self-propelled or permanently towable by a light-duty
truck; d) not designed for use as a permanent dwelling but as temporary
living quarters for recreational, camping, travel or seasonal use.
The date the building permit was issued, provided the actual
start of construction, repair, reconstruction, rehabilitation, addition,
placement or other improvement was within 180 days of the permit date.
The actual start means either the first placement of permanent construction
for a structure on a site, such as pouring of slab or footings, the
installation of piles, the construction of columns or any work beyond
the stage of excavation; or the placement of a manufactured or mobile
home on a foundation. Start of construction includes land preparation,
such as clearing, grading and filling; the installation of streets
and/or walkways; excavation for a basement, footing or foundations
or the erection of temporary forms. For a substantial improvement,
the actual start of construction means the first alteration of any
wall, ceiling, floor or other structural part of a building, whether
or not the alteration affects the external dimensions of the building.
Damage of any origin sustained by a structure whereby the
cost of restoring the structure to its before damaged conditioned
would equal or exceed 50% of the market value of the structure before
the damage occurred.
Any reconstruction, rehabilitation, addition or other improvement
to a structure, the cost of which equals or exceeds 50% of the market
value of the structure before the start of construction or the improvement.
This term includes structures which have incurred substantial damage,
regardless of the actual repair work performed. The term does not,
however, include either:
Any project for improvement of a structure to correct existing
violations of state or local health, sanitary or safety code specifications
which have been identified by the local code enforcement official
and which are the minimum necessary to assure safe living conditions.
Any alteration of an historic structure; provided that the alteration
will not preclude the structure's continued designation as an
historic structure.
[Ord. 3/29/1990B, § 827; as amended by Ord. 01-6, 10/22/2001, § 4; by Ord. 06-02, 1/30/2006, § 4; by Ord. 09-03, 6/22/2009, § 4; and by Ord. No. 22-05, 5/5/2022]
1.
Applicants shall provide open space in accordance with the Township
Zoning Ordinance.
2.
The plan shall contain or be supplemented by such material as required
to establish the method by which open space shall be perpetuated,
maintained and administered. The plan and other materials shall be
construed as a contract between the landowner(s) and the Township,
and shall be noted on all deeds.
3.
Open space shall protect the environmental, scenic, historical, and
cultural features of the Township.
4.
Open Space Criteria. Open space preserved in fulfillment of the requirements
of this article shall be in accordance with the following standards
and principles:
A.
Open space shall be consistent with the plans and proposals outlined
in the Township's Comprehensive Plan, as amended. The Board of
Supervisors shall review the consistency of the proposed open space
with the recommendation of the Township Planning Commission.
B.
Open space shall connect to permanently preserved land on abutting
property, if possible, including provisions for accessways for general
public use to permit residents safe and easy access to open space.
C.
Open space shall have frontage on a public or private road or easement
capable of providing suitable grade for access to the open space from
the roads for maintenance vehicles and equipment traffic.
D.
Open space shall have the physical characteristics capable of serving
the purposes intended for such areas including recreational use.
E.
Open space shall be visible from dwelling units and roadways.
F.
Open space shall protect environmentally sensitive and/or aesthetic
features and be landscaped to provide sufficient screening or buffer
areas to minimize any negative impacts from or upon adjacent development.
5.
Open Space Designation. All land held for open space shall be so
designated on the plans. The plans shall contain the following statement
for land categories in Subsection 2A, B, C or D below: "Open space
land may not be separately sold, nor shall such land be further developed
or subdivided." All plans shall further designate the use of open
space, the type of maintenance to be provided and a planting plan
or schedule. In designating use and maintenance, the following classes
may be used:
A.
Lawn. A grass area with or without trees which may be used by the
residents for a variety of purposes and which shall be mowed regularly
to insure a neat and orderly appearance.
B.
Natural Area. An area of natural vegetation undisturbed during construction,
or replanted. Such areas may contain pathways. Meadows shall be maintained
as such and not left to become infested with invasive species. Maintenance
may be minimal, but shall prevent the proliferation of weeds and other
invasive plants such as honeysuckle and poison ivy. Litter shall be
removed and streams shall be kept in free-flowing condition.
C.
Recreation Area. An area designated for a specific recreational use
including, but not limited to, tennis, swimming, shuffleboard, play
field and tot lot. Such areas shall be maintained so as to avoid creating
a hazard or nuisance, and shall perpetuate the proposed use.
D.
Garden Area. An area designated for family vegetable plots or other
similar features.
6.
Stormwater Management. None of the required open space may be used
for stormwater management BMPs.
7.
Open Space Performance Bond. Designated planting and recreation facilities
within the open space areas shall be provided by the developer. A
performance bond or other securities shall be required to cover costs
of installation in accordance with provisions of this chapter.
8.
Ownership of Open Space. Any of the following methods may be used
to preserve, own or maintain open space. However, the open space shall
be initially offered for dedication to the Township:
A.
Condominium. The open space may be controlled through the use of
condominium agreements. Such agreements shall be in conformance with
the Pennsylvania Uniform Condominium Act, 68 Pa.C.S.A. § 3101
et seq. All open space land shall be held as "common element." Such
land shall not be eligible for sale to another party except for transfer
to another method of ownership permitted under this section, and then
only where there is no change in the open space ratio.
B.
Homeowners' Association. The open space may be held in common
ownership by a homeowners' association. This method shall be
subject to all of the provisions for homeowners associations set forth
in Article VII of the Pennsylvania Municipalities Planning Code, 53
P.S. § 10701 et seq.
C.
Fee-Simple Dedication. The Township may, but shall not be required to, accept any portion or portions of the open space provided: (1) such land shall be freely accessible to the public; (2) there shall be no cost to the Township involved; (3) the Township agrees to and has access to maintain such lands; and (4) the open space shall be in an acceptable condition to the Township at the time of transfer with regard to size, shape, location and improvement. Refer to Subsection 4E below for additional requirements.
D.
Dedication of Easements. The Township or county may accept, but shall
not be required to accept, easements to any portion or portions of
the open space. In such cases, the land remains in the ownership of
the individual, condominium or homeowners' association while
the easements are held in public ownership. The county shall accept
the easements only in accordance with the provisions of Act 442, 32
P.S. § 5001 et seq., and county plans. The Township may
accept such easements as it sees fit. In either case, there shall
be no cost to the county or Township for acquisition or maintenance.
The Township may require this method where it seems this is the most
appropriate way of preserving land in open space. In performance standard
developments and mobile home parks, this provision for the ownership
and preservation of open space cannot be used except for open space
land incorporated in required buffer yards.
E.
Transfer to a Private Conservation Organization. With permission
of the Township, an owner may transfer either the fee simple title,
with appropriate deed restrictions running in favor of the Township,
or easements, to a private, nonprofit organization, among whose purposes
is to conserve open space land and/or natural resources; provided
that: (1) the organization is acceptable to the Township and is a
bona fide conservation organization with perpetual existence; (2)
the conveyance contains appropriate provision for proper reverter
or retransfer in the event that the organization becomes unwilling
or unable to continue carrying out its functions; and (3) a maintenance
agreement acceptable to the Township is entered into by the developer
and the organization.
F.
Deed Restrictions.
(1)
Natural resource protection open space, as required by this
chapter, may be held in the ownership of the individual property owners
of residential developments. This form of ownership of open space
will be subject to the following requirements:
(a)
This form of ownership will be limited to residential uses that
do not require common open space.
(b)
It may be used only if approved by the Township.
(c)
Restrictions meeting Township specifications must be placed
in the deed for each property that has natural resource protection
areas within its boundaries. The restrictions shall provide for the
continuance of the resource protection areas in accordance with the
provisions of this chapter.
(d)
It will be clearly stated in the individual deed that the maintenance
responsibility lies with the individual property owner.
(2)
For nonresidential uses, buffer yards and areas of natural resource
features may be held with the ownership of the entire parcel provided
the buffer yards and natural features are deed restricted to ensure
their protection and continuance.
(3)
In the case of residential developments where all of the units
are rental, the open space land may be in the same ownership as that
of the development, provided that the land is deed restricted to ensure
its protection and continuance and that a maintenance agreement suitable
to the Township is provided.
(4)
For any of these options the Township may accept, but is not
required to accept, an easement to the open space land in the development.
9.
Costs. Unless otherwise agreed to by the Township or county, the
cost and responsibility of maintaining open space shall be borne by
the property owner, condominium association or homeowners' association.
If the open space is not properly maintained, the Township may assume
responsibility of maintenance and charge the property owner, condominium
association or homeowners' association a fee which covers maintenance
costs, administrative costs and penalties as stipulated in this chapter.
[Ord. 3/29/1990B, § 828; as amended by Ord. 93-3, 2/8/1993, §§ 45-50;
by Ord. 99-3, 6/28/1999, §§ 18-20; by Ord. 01-6, 10/22/2001, § 5; by Ord. 06-01, 2/13/2006, § 8; by Ord. 07-02, 3/26/2007, § 9; Ord.
17-03, 3/27/2017; by Ord. No. 18-01, 4/5/2018; and by Ord. No. 22-05, 5/5/2022]
2.
The following requirements are minimum standards; additional plant
material, berms or architectural elements may be included in the plan
at the applicant's discretion. When, in the opinion of the Board
of Supervisors, there is not adequate space between the property line
and site elements for both the property line buffer planting and the
site element screen, only the more intensive of the two shall be required,
following the recommendation of the Township Planning Commission.
3.
Where in the opinion of the Board of Supervisors there is an overlap
of buffer and screen landscape requirements, the applicant may provide
the more restrictive planting requirement, in lieu of both, with the
recommendation of the Township Planning Commission.
4.
Property line buffer requirements.
A.
Property line buffers shall be required for the types of development
listed below and as otherwise specified in the New Hanover Township
Zoning Ordinance.[1] Property line buffers are not required for any type of
development located in the Township's Village Mixed Use District.
However, property line buffers shall be required where properties
border other zoning districts.
B.
The quantity and type of plant material required shall be determined
by the intensity of the proposed land use and the adjacent existing,
or permitted land use if vacant, according to Figure 7: Intensity
of Required Property Line Buffers.
|
Figure 7: Intensity of Required Property Line Buffers
Existing Land Use
(or permitted land use when undeveloped)
| |||||
|---|---|---|---|---|---|
|
Proposed Use
|
Office/ Institutional and Recreation
|
Commercial/ Industrial
|
Multifamily/ Single-Family Attached/ Mobile Home Park
|
Single-Family Detached
|
Active Recreation
|
|
Office/ institutional
|
Low
|
Low
|
Medium
|
High
|
Low
|
|
Commercial/ industrial
|
Medium
|
Low
|
High
|
High
|
None
|
|
Multifamily/ single-family attached/ mobile home park/ clustered
single-family detached dwellings
|
Low
|
Medium
|
Low
|
Medium
|
Low
|
|
Active recreation
|
Low
|
None
|
Low
|
Low
|
Low
|
C.
An on-site investigation by the applicant shall determine the adjacent
land uses along each property boundary. In the case of vacant land,
the uses permitted by the existing zoning shall be used to determine
the buffer type. If more than one type of use is permitted on a site,
the use that would require the highest-intensity buffer shall be used
to determine the buffer type. The existing or zoned uses shall be
noted on the plan.
D.
Buffer area location and dimensions.
(1)
A buffer area of not less than 25 feet in width shall be established
along all property lines, unless otherwise specified in the Zoning
Ordinance.
(2)
The buffer area shall not be included within the side or rear
yard setback.
(3)
The buffer area shall be a continuous pervious planting bed
consisting of trees and shrubs, and grass or groundcover.
(4)
Parking and related aisles/driveways are not permitted in the
buffer area except for where a driveway or access drive initially
enters the site.
(5)
Site element screens are permitted in the buffer area.
(6)
Stormwater management areas are not permitted in the buffer
area.
E.
F.
Design Criteria.
(1)
The required plant material shall be distributed over the entire
length and width of the buffer area rather than concentrated in one
fraction of the buffer area.
(2)
Buffer plant material may be arranged symmetrically (formal)
or asymmetrically (informal) and may be grouped to form plant clusters.
However, informal groupings that reflect the natural character of
the region are encouraged.
(3)
Plants shall be spaced to provide optimum growing conditions.
(4)
Buffer plants shall be selected from Table 22-8-3, Plant Materials
List.
(5)
All landscape berm toes, where the slope of the berm meets the
natural grade, shall be a minimum distance of 10 feet from the neighboring
property line or the edge of the ultimate right-of-way.
G.
Existing healthy trees, shrubs or woodlands, excluding Ash trees,
may be substituted for part or all of the required plant material
at the discretion of the Board of Supervisors. The minimum quantities
and/or visual effect of the existing vegetation shall be equal to
or exceed that of the required buffer.
H.
Where the length of the property or street frontage being buffered
is less than 100 feet, a proportional amount of plantings shall be
provided.
I.
Furthermore, the minimum number of required plantings shall be rounded
up to the nearest whole number.
J.
Existing topographic conditions, such as embankments or berms, in
conjunction with existing vegetation, may be substituted for part
or all of the required property line buffers at the discretion of
the governing body. The minimum visual effect shall be equal to or
exceed that of the required buffer or screen.
5.
Site Element Screens.
A.
Site element screens shall be required in all proposed land developments
and subdivisions around the following site elements:
(1)
Parking lots of 10 or more stalls.
(2)
Dumpsters, trash disposal or recycling areas.
(3)
Service or loading docks.
(4)
Outdoor sales or storage.
(5)
Vehicle storage.
(6)
Single-family attached rear yards facing streets.
(7)
Multifamily rear yards facing streets.
(8)
Single-family detached rear yards facing streets.
(9)
Active recreation facilities.
(10)
Aboveground stormwater management areas.
(11)
Sewage treatment plants and pump stations.
B.
The type of site element screen required shall be determined by the
site element and the adjacent land use, according to Figure 4.4, Table
of Types of Required Site Element Screens. In cases where more than
one type of site element screen is allowed, the required site element
screen type may be determined by Board of Supervisors, with the recommendation
of the Township Planning Commission.
|
Figure 4.5 Types of Required Site Element Screens
Existing Adjacent Land Use
(or Permitted Land Use When Undeveloped)
| ||||
|---|---|---|---|---|
|
Proposed Site Element
|
Office or Institutional
|
Commercial or Industrial
|
Residential
|
All Existing and Proposed Roads
|
|
Parking lots, 10 stalls or greater
|
None
|
None
|
Types 1 or 6
|
Types 1, 6 or 8
|
|
Dumpster, trash or recycling area
|
Types 4 or 7
|
Types 3 or 4
|
Types 4 or 7
|
Types 4 or 7
|
|
Service and loading docks
|
Types 2 or 5
|
None
|
Types 2 or 5
|
Types 2 or 5
|
|
Outdoor sales or storage yard and vehicle storage
|
Type 1
|
Type 1
|
Type 1
|
Type 1
|
|
Attached residential or multifamily rear yards
|
None
|
None
|
None
|
Type 6
|
|
Single-family detached rear yards
|
None
|
None
|
None
|
Type 6
|
|
Active recreation facilities
|
None
|
None
|
Type 6
|
None
|
|
Detention basins
|
Type 6
|
None
|
Type 1 or 6
|
None
|
|
Sewage treatment plants and pump stations
|
Types 1 or 7
|
None
|
Types 1 or 7
|
Types 1 or 7
|
C.
An on-site investigation by the applicant shall determine the adjacent
land uses along each property boundary. In the case of vacant land,
the uses permitted by the existing zoning shall be used to determine
the screen type. If more than one type of use is permitted on a site,
the use that would require the highest intensity site element screen
shall be used to determine the screen type. The existing or zoned
uses shall be noted on the plan.
D.
Site elements not included in the above list that have similar visual
impact shall be screened in accordance with requirements for the most
similar elements as determined by the Board of Supervisors.
E.
Screen Location. The site element screen shall be placed between
the site element and property lines, existing or proposed public streets
and common use areas within a site and shall be designed to block
views to the maximum extent possible. The screen shall be located
as close as possible to the site element and shall surround the element
without impeding function or encroaching on sight triangles.
F.
Screen Types and Design Criteria. The following types of screens
shall be used where specified in Figure 4.4, Table of Types of Required
Site Element Screens.
(1)
Screen Type No. 1: evergreen or deciduous shrubs. Shrubs shall
be placed three feet on center in a minimum five-foot-wide bed surrounding
the site element and arranged to provide a continuous hedge-like screen
up to a minimum height of 3 1/2 feet at maturity. Shrubs may
be clipped to form a hedge or left in their natural habit.
(2)
Screen Type No. 2: double row of evergreen trees. A double row
of evergreen trees shall be placed 10 feet on center and offset 10
feet to provide a continuous screen at a minimum height of 12 feet
at maturity.
(3)
Screen Type No. 3: opaque fence. A six-foot opaque fence surrounding
the site element on at least three sides.
(4)
Screen Type No. 4: opaque fence with ornamental trees and shrubs.
A six-foot opaque fence surrounding the site element on at least three
sides with additional plantings at the minimum rate of three shrubs
and two ornamental trees for each 10 linear feet of proposed fence,
arranged formally or informally next to the fence. An alternate option
includes a six-foot opaque fence surrounding the site element on at
least three sides with additional plantings at the minimum rate of
five large shrubs for each 10 linear feet of proposed fence, arranged
formally or informally next to the fence.
(5)
Screen Type No. 5: architectural extension of the building.
An eight-foot minimum height architectural extension of the building
(such as a wing wall) shall enclose service or loading docks. The
building materials and style of the extension shall be consistent
with the main building.
(6)
Screen Type No. 6: berm with ornamental trees. A two- to three-foot-high
continuous curvilincar berm with ornamental trees at the rate of one
tree for every 20 feet, clustered or arranged informally. There shall
be no plantings on top of the berm. The maximum slope of the berm
shall be four to one. All landscape berm toes, where the slope of
the berm meets natural grade, shall be a minimum distance of 10 feet
from the neighboring property line or the edge of the ultimate right-of-way.
(7)
Screen Type No. 7: evergreen hedge. An evergreen hedge (such
as arborvitae, chamaecyparis, etc.), minimum height at planting of
six-foot plants, three feet on center maximum.
(8)
Screen Type No. 8: low wall. A wall of brick or stone (not concrete
block), no less than three and no more than four feet in height.
G.
Screen plants shall be selected from Table 22-8-3, Plant Materials
List.
H.
Existing healthy trees, shrubs or woodlands may be substituted for
part or all of the required plant material at the discretion of the
Board of Supervisors. The minimum quantities and/or visual effect
of the existing vegetation shall be equal to or exceed that of the
required buffer.
I.
Existing topographic conditions, such as embankments or berms, may
be substituted for part of all of the required property line buffers
at the discretion of the Board of Supervisors. The minimum visual
effect shall be equal to or exceed that of the required screen.
J.
The applicant may propose the use of alternative screen types or
changes in plant materials or designs which fulfill the intent of
this chapter, with the approval of the Board of Supervisors.
[Ord. 3/29/1990B, § 829; as amended by Ord. 97-7, 10/13/1997, § 830; by Ord. 17-03, 3/27/2017; and by Ord. No. 22-05, 5/5/2022]
1.
As residential land developments, mobile home parks shall comply with the requirements of this chapter and Chapter 27, Zoning.
2.
In addition to sidewalks, pedestrian paths and/or bicycle path systems
consistent with the requirements of this chapter, all mobile home
lots shall be provided with paved individual walks to common walks,
streets, driveways or parking areas. Individual walks shall have a
paved minimum width of five feet.
3.
An enclosure of compatible design and material shall be erected around
the entire base of each mobile home. Such enclosure shall provide
sufficient ventilation to inhibit decay and deterioration of the structure.
4.
The hitch which is employed for the normal movement of the unit shall
be removed.
5.
Outdoor collection stations shall be provided for garbage and trash
removal when individual collection is not made and indoor storage
is not provided.
6.
Refuse collection stations shall be located so as to be separated
adequately from habitable units to avoid being offensive, but at the
same time be convenient for both collectors and residents, and shall
be screened and landscaped adequately.
[Ord. 3/29/1990B, § 830; as amended by Ord. No.
22-05, 5/5/2022]
1.
General Provisions.
A.
Where recreation areas are required by Chapter 27, Zoning, or are proposed by the developer, such areas shall be suitable for recreational purposes or open space by reasons of size, shape, location, topography and access.
B.
The recreational activities and/or facilities for which the area
is intended must be specified on the development plans.
C.
Recreation areas shall be readily accessible to all development residents,
or, in the case of the Township accepting dedication of recreation
areas, they shall be easily and safely accessible to the general public.
D.
At least one side of the recreation area shall abut a street for
a minimum distance of 50 feet for access of emergency and maintenance
vehicles. Measures shall be taken, where necessary, to ensure that
unsafe conditions will be avoided when recreation areas are adjacent
to streets or parking lots.
E.
The configuration of the recreation area must be able to accommodate
recreation activities proposed by the development plans. The area
shall not include narrow or irregular pieces of land which are remnants
from lotting and/or street and parking areas. Recreation areas shall
consist of a single contiguous tract of lane. Recreation areas shall
have an appropriate area for access and a minimum area of 20,000 square
feet.
F.
Recreation areas shall be generally well drained and suitable for
different forms of active and passive recreation with the following
features:
(1)
No more than 15% of the area consisting of environmental constraints
such as wetlands, floodplains, or areas with greater than 15% slopes.
(2)
No more than 50% of the area may be wooded.
(3)
The area shall not be divided by a public or private road.
(4)
Recreation areas shall not be traversed by utility easements
unless said utilities are placed underground and no part of them or
their supportive equipment protrudes above ground level.
(5)
Recreation areas shall not contain storm drainage facilities,
sewage treatment or disposal facilities of any type, water storage
tank, well pump house, and any similar use or other use which is not
related to or associated with recreation.
2.
Dedication to the Township.
A.
All applicants, excepting only those seeking approval of a minor subdivision as defined in § 22-202 of this chapter, shall, concurrent with the submission of a final plan of subdivision or land development, offer for dedication a portion of the land being subdivided or developed, as hereinafter set forth, as public recreation area. Applicants seeking approval of a minor subdivision, as defined in § 22-202 of this chapter, which consists of the division of one lot into two lots units shall submit and tender to the Township a fixed fee of $500 for the newly created lot in lieu of providing a public recreation area.
B.
All applicants seeking approval of an annexation, as defined in § 22-202 of this chapter, which consists of the act of adding, joining or uniting of one lot to another lot, shall submit and tender to the Township a fixed fee of $500 for the annexation, in lieu of providing a public recreation area, concurrent with the submission of a final plan of annexation.
3.
Standards for Land Dedication.
A.
Recreation areas dedicated to the Township for public use shall provide adequate open space and recreation land in accordance with the standards herein set forth in Subsection 2 accessible to such subdivision or development. In a case where the developer does not wish to retain the required recreation area or open space, or it is not accepted by an approved conservation organization, such area may be dedicated to the Township for public use.
B.
Any land dedicated to the Township in fee simple title shall be used
only for park, recreation or open space purposes and shall be available
to all residents of the Township, subject to such regulations and
rules as may be recommended by the New Hanover Township Parks and
Recreation Committee and/or adopted by the Board of Supervisors of
New Hanover Township.
C.
The land to be dedicated shall have size, dimensions, topography,
access and general character suitable for its proposed recreational
use, as determined by the Board of Supervisors, in conjunction with
the Township Park and Recreation Committee and the Township Planning
Commission. Any land not suitable for active or passive recreation
shall not be accepted as dedicated land; this includes areas within
stormwater basins that could not be used for recreation.
D.
The land shall be easily and safely accessible from all residential
or occupied areas within the development or the general area to be
served, and it shall have a minimum of 50 feet of road frontage.
E.
The land shall be contiguous and regular in shape, where possible
and practical.
F.
The Board of Supervisors may, at its discretion, require that land
to be dedicated be located along a property boundary so that such
land may be combined with dedicated land or other recreation areas
that are or will be adjacent to the land to be dedicated.
G.
The land shall be located on soils suitable for use and development
as a recreation area.
H.
Such area or land as is dedicated or intended to be used and developed
as and to be incorporated in the trail and bikeway system for the
Township, by means of a grant of right-of-way or easement to the Township,
shall be consistent in location, design, dimensions, topography and
route as is consistent with that approved and recommended by the New
Hanover Township Board of Supervisors and the Township Park and Recreation
Committee for such uses and purposes and shall include a minimum of
0.0372 acres of land for each residential lot, dwelling unit or combination
thereof, excluding only those subdivisions comprised of two or less
tracts or parcels of real estate for single-family detached residential
development which have not been the subject of prior subdivisions
or land development submissions (consisting in total of two or less
tracts or parcels of real estate), and a minimum of 0.03 acres of
land shall be offered for dedication for each 1,000 square feet of
building, structure or improvement proposed for any nonresidential
land development plan.
I.
Grants of rights-of-way or easements, intended to be used and developed
as and to be incorporated in the trail and bikeway system for the
Township, shall be not less than 20 feet wide and not more than 30
feet wide at any point along the length of said trail and shall include
an additional twenty-foot-wide construction easement along the length
of said trail which shall automatically terminate upon the completion
of construction of the same and shall be consistent with the location,
topography and route of the Township trail and bikeway system providing
for interconnection of the various components throughout the Township.
J.
A minimum of 0.0124 acres of land shall be offered for dedication
in fee simple title for each residential lot, dwelling unit or combination
thereof, excluding only those subdivisions comprised of two or less
tracts or parcels of real estate for single-family detached residential
development which have not been the subject of prior subdivisions
or land development submissions (consisting in total of two or less
tracts or parcels of real estate), and a minimum of 0.01 acres of
land shall be offered for dedication for each 1,000 square feet of
building, structure or improvement proposed for any nonresidential
land development plan.
K.
Except for rights-of-way or easements as hereinbefore provided in Subsection 3H and 3I with reference to the trail and bikeway system, no contiguous area of land shall be considered for dedication in fee simple title if it is less than 0.5 acres, and in no event shall the area proposed for dedication in fee simple title be less than 100 feet in width and the Board of Supervisors shall have the sole discretion not to approve or accept any area of land if it determines that the contiguous area of the same is insufficient to adequately serve as or provide park and recreation area.
L.
When land is dedicated, acceptance by the Township shall be by means
of a signed resolution and a signed deed of dedication executed by
the property owner transferring title in fee simple to the Township
or by grant of a right-of-way and easement to the Township, to which
a property description of the dedicated area shall be attached in
a form acceptable to and approved by the Township Solicitor. Subject
to the submission of documentation to the Board of Supervisors for
its approval and except as provided with regard to easements or rights-of-way
for the trails and bikeway system, a fee simple warranty deed conveying
the property shall be delivered to the Township with title free and
clear of all liens, encumbrances and conditions, other than nonexclusive
public utility easements.
M.
If the Board of Supervisors deems it to be in the public interest
to accept in dedication land for recreational purposes and/or open
space purposes, such acceptance shall be by adoption of a resolution
or ordinance of the Board of Supervisors and acceptance of a deed
of dedication from the developer, and in addition thereto the developer
shall contribute to the Township a sum of money to be determined by
resolution of the Board of Supervisors. Said sum shall be deposited
in a special maintenance account by the Township and shall be used
only for the purpose of developing and maintaining dedicated land
within the Township. In addition, where the Board of Supervisors has
deemed it to be in the public interest to accept in dedication land
for recreational purposes and open space purposes, the developer shall
contribute to the Township a sum of money to be determined by resolution
of the Board of Supervisors. Said sum shall be deposited in a special
capital reserve account by the Township and shall be used only for
the purpose of acquisition of land or capital improvements for park
and recreation purposes.
N.
Such recreation area shall not be part of any lot, but it shall be
dedicated to the Township in fee simple title or, in the sole discretion
of the Board of Supervisors, to the extent that the same is intended
to be developed as part of the trail and bikeway system of the Township,
it shall be dedicated to the Township as a right-of-way or easement
to be perpetually maintained for the purposes intended with full access
and used by the general public constituting the residents, constituents
and the invitees of the Township, the documentation for which shall
be submitted to and subject to the approval of the Board of Supervisors
of New Hanover Township and its Solicitor and in the case of a right-of-way
or easement for public use and access, the plan shall provide that
the said defined right-of-way or easement is to be used and occupied
exclusively as park, open space and recreation area, and is not to
be subject of further disturbance, subdivision or construction of
any building, structure or land development and that the document
established and title to the same shall contain language that said
defined right-of-way or easement is not subject to further disturbance,
subdivision or construction of any building, structure or land development
as a condition running with title to the land and the same shall be
maintained in a manner open to the general public constituting the
constituents, residents and invitees of the Township.
O.
All areas dedicated under the provisions of this section shall be
consistent with the specific goals, objectives, plans and recommendations
of the Township Comprehensive Plan and the Township Open Space, Parks
and/or Recreation Plan and are to be in accordance with the definite
principles and standards contained in this chapter.
Q.
The amount and location of land to be dedicated or the fees to be
paid shall bear a reasonable relationship to the use of the park and
recreation facilities by future residents, occupants, employees or
visitors to the subdivision or land development.
4.
Standards for Fee in Lieu of Land Dedication.
A.
Subject to the discretion of the Board of Supervisors, payment of
a fee in lieu of land dedication shall be required:
(1)
Where land dedication would result in open space or recreation
areas too small to be usable.
(2)
If the Township Comprehensive Plan or the Township Open Space,
Parks and Recreation Plan recommends recreation land to be provided
elsewhere.
(3)
If a suitable site for recreation cannot be located within the
development.
B.
The applicant shall tender to the Township prior to or concurrent
with final plan approval a fee-in-lieu of dedication calculated in
an amount equal to $75,000 per acre if the plan is situate in the
HI-Heavy Industrial District, LI-Light Industrial District, CB-1 Commercial
Business District or CB-2 Commercial Business District; an amount
equal to $55,000 per acre if the plan is situate in the R-15 Residential
District, R-25 Residential District, TC-Town Center District, TN-Traditional
Neighborhood District; or $35,000 per acre if the plan is situate
in the R-2 Residential or R-2M Residential or in proportionate rate
for any portion thereof, as hereinbefore required to be dedicated
in fee simple title or an amount equal to one-third the value hereinbefore
assigned per acre, or any portion thereof, in each zoning district,
as hereinbefore required to be subject to a grant of right-of-way
or easement with regard to each such subdivision or land development.
C.
All fees paid in lieu of land dedication or recreational infrastructure
shall be used for:
(1)
The acquisition of land for parks, recreation areas, park facilities,
open space and trails or bicycle facilities as component addition
to the New Hanover Township system.
(2)
The construction of improvements and recreational infrastructure.
(3)
Costs incidental to such purposes including, but not limited
to, planning, engineering, design, administrative and legal fees,
utility relocation or installation, construction of sewage or water
facilities, vehicular and pedestrian access, signage and the purchase
of park equipment and maintenance.
D.
All fees paid to the Township shall be deposited in a separate interest-bearing
account established for such fees, the records for which shall clearly
identify the specific subdivision/land development sites for which
such fees have been received; interest earned on such fees shall become
funds of that account and be subject to distribution or expenditure
for any and all costs and expenses hereinbefore identified. Funds
from such accounts shall be expended only in properly allocable portions
of the costs incurred to acquire, construct or improve such specific,
identifiable, and/or proposed recreation facilities for which such
funds have or may hereafter be collected.
E.
If the Township fails to use the fees collected from a particular
applicant in accordance with this section within three years of the
date such fees were paid, the specific applicant may submit a written
request, on such forms as are established by the Township, for the
refund of such fees, plus interest that accumulated thereon from the
date of fee payment, which request shall be reviewed and acted upon
by the Board of Supervisors of New Hanover Township with 45 days of
the date of receipt.
5.
Combination of Land Dedication and Fees in Lieu of Land Dedication.
A.
The Township may accept a combination of land dedication in fee simple
title, grants of rights-of-way and easements and fees in lieu of land
in order to meet the requirements and standards of the New Hanover
Township Open Space Park and Recreation Plan or such additional plans
and designs as may be approved for the Township trail and bikeway
system. Such combination shall be subject to the review and approval
of the Board of Supervisors of New Hanover Township at its sole discretion.
B.
The resulting combination of land and fees shall not, except as may
be otherwise reduced to recognized rights-of-way granted for the trail
and bikeway system, exceed the total acreage to be developed or the
acreage which constitutes the basis of calculating the fee in lieu
of dedication required by this part.
6.
Decision of Land Dedication vs. Fees in Lieu of Land Dedication.
A.
Before approving any site to be dedicated to the Township for recreational
area and open space, the Board of Supervisors shall seek the advice
of the Township Parks and Recreation Committee and the Township Planning
Commission.
B.
The Board of Supervisors shall determine whether land dedication,
grant of rights-of-way and easements or fees in lieu of land shall
be required. Such decision shall be made as early in the plan review
process as possible but not later than concurrent with the preliminary
plan approval.
C.
The Board of Supervisors shall, in reaching its decision, consider
the following factors, in addition to any other factors that may be
applicable to a particular plan:
(1)
If the land in that location serves a valid public purpose.
(2)
If there is a need to make a reasonable addition to an existing
park or recreation area.
(3)
If the land meets the objectives and requirements of this section.
(4)
If the area surrounding the proposed development has sufficient
existing parks, recreation areas or facilities or open space and if
pedestrians or bicyclists can safely reach these areas.
(5)
Any relevant policies of the Township regarding parks, recreation
areas and facilities and open space, including those within the Township
Comprehensive Plan and the Township Open Space, Park and Recreation
Plan.
(6)
Any recommendations regarding such land that has been received
from the Township and/or County Planning Commission, the Township
Parks and Recreation Board, the Township Engineer and/or the Boyertown
Area School District.
[Ord. 3/29/1990B, § 831; as amended by Ord. No.
22-05, 5/5/2022]
1.
In addition to the other applicable provisions of this chapter and Chapter 27, Zoning, performance standard developments are subject to the following requirements:
A.
Arrangement of Buildings and Facilities.
(1)
All of the elements of the site plan should be organized harmoniously
and efficiently in relation to topography, the size and shape of the
plot, the character of the adjoining property and the type and size
of the buildings, in order to produce a usable and efficient land
use pattern.
(2)
Arrangements of buildings should be in favorable relation to
the natural topography, existing desirable planting, bodies of water,
views within and beyond the site and exposure to the sun and other
buildings on the site.
B.
Access and Circulation.
(1)
Access to the dwellings and circulation between buildings and
other important project facilities for vehicular and pedestrian traffic
shall be comfortable and convenient for the occupants.
(2)
Access and circulation for firefighting and other emergency
equipment, moving vans, fuel trucks, garbage collection, deliveries
and snow removal shall be planned for efficient operation and convenience.
(3)
Walking distance from the main entrance of a building to a street,
driveway or parking area shall usually be less than 100 feet; any
exception to this standard should be reasonably justified by compensating
advantages, such as desirable views and site preservation through
adaptation to topography. In no case shall the distance exceed 200
feet.
C.
Yards. Yards shall assure adequate privacy, desirable outlook, adequate natural light and ventilation, convenient access to and around the dwellings, and other essential uses. Dwellings shall be located no closer than 20 feet from any area identified as wetlands or floodplains as established in § 22-833, Subsection 3C.
D.
Grading.
(1)
Grading shall be designed for buildings, lawns, paved streets
and other facilities, to assure adequate surface drainage, safe and
convenient access to and around the buildings and for the screening
of parking and other service areas and the conservation of desirable
existing vegetation and natural contours of the land.
(2)
Grading around buildings shall be designed to be in harmony
with natural topography and to minimize earthwork.
F.
Driveways.
(1)
Driveways shall be provided on the site where necessary for
convenient access to the living units, garage compounds, parking areas,
service entrances of buildings, collection of refuse and all other
necessary services. Driveways shall enter public streets at safe locations.
(2)
Driveways shall be planned for convenient circulation suitable
for traffic needs and safety.
(3)
All driveways shall be constructed and paved in a manner acceptable
to the Township, and shall conform to the design specifications and
requirements of this chapter.
H.
Sidewalks.
(1)
Street sidewalks and onsite walks shall be provided for convenience
and safe access to all living units from streets, driveways, parking
areas or garages and for convenient circulation and access to all
facilities.
(2)
Width, alignment and gradient of walks shall provide safety
and convenience for pedestrian traffic. Small jogs in the alignment
shall be avoided.
(3)
The alignment and gradient of walks shall be coordinated with
the grading plan to prevent the passage of concentrated surface water
on or across the walk and to prevent the pocketing of surface water
by walks.
(4)
Sidewalks shall be constructed in accordance with the requirements
of this chapter.
I.
Refuse Collection Stations.
(1)
Outdoor collection stations shall be provided for garbage and
trash removal when individual collection is not made and indoor storage
is not provided.
(2)
Collection stations shall be located so as to be separated adequately
from habitable buildings to avoid being offensive, but at the same
time be convenient for both collectors and residents and shall be
screened and landscaped.
J.
Planting. The appeal and character of the site shall be preserved
and enhanced by retaining and protecting existing trees and other
site features. Additional new plant material shall be added for privacy,
shade, beauty of buildings and grounds and to screen out objectionable
features. The buffer yard and street tree requirements of this chapter
shall be met.
[Ord. 3/29/1990B, § 832; as amended by Ord. No.
22-05, 5/5/2022]
1.
Wider streets adjacent to areas proposed for nonresidential use may
be required as deemed necessary by the Board of Supervisors, following
a recommendation from the Township Traffic Engineer, to assure the
free flow of through-traffic unimpeded by vehicles entering or leaving
park areas.
2.
The access requirements of this chapter shall be met.
3.
For commercial uses, the developer may be required to provide separate
access for service vehicles and loading areas from the vehicular access
ways and parking areas intended for patron use. This may be accomplished
by using a separate access point for service vehicles to move from
the road to the loading area.
4.
Adjacent residential areas shall be protected from potential nuisance of the proposed nonresidential developments. Buffer yards shall be provided as prescribed in § 22-835.
5.
Parking areas shall be located or designed in such a manner that
they are visibly secluded from eye level in any surrounding residential
area. Grading to depress the parking area, raised berms, landscaping
or fencing are satisfactory methods to create such seclusion.
[Ord. 3/29/1990B, § 833; as amended by Ord. 97-7, 10/13/1997, § 834; by Ord. 99-3, 6/28/1999, §§ 21-24; by Ord. 03-1, 9/28/2003, § 6; by Ord.
07-02, 3/26/2007, § 6;
and by Ord. No. 22-05, 5/5/2022]
1.
BICYCLE FACILITY
BICYCLE LANES (STANDARD)
BUFFERED BICYCLE LANES
MARKED SHARED LANES
PAVED SHOULDER
PROTECTED BICYCLE LANES
WIDE OUTSIDE LANE
Bicycle Facility Definitions.
A general term used to designate all bicycle infrastructure
along roadways. Examples of bicycle facilities are shown below.
Standard bicycle lanes are a form of bicycle facility that
are adjacent to vehicular travel lanes and marked specifically for
bicycle use.
 |
Bicycle facilities that use a painted buffer to increase
separation between bicyclists and motor vehicles. Buffers can be installed
on either side of the bike lane to separate it from the travel and
parking areas. Crosshatching is often used to delineate the buffer
area.
 |
Marked shared lanes are bicycle facilities that include pavement
markings and signage that reinforce the right of bicyclists to use
the roadway and to remind drivers of the presence of bicyclists. Also
known as "sharrows."
 |
Bicycle facility where areas of the roadway that are outside
of the primary travel lane. They are often delineated by a painted
line along the outer edge of the travel lane. These areas are not
only designated for bicycles and may be used for parking.
 |
Bicycle facilities with bicycle lanes that are separated
from the roadway by physical barriers. These barriers can be flexible
plastic posts, inanimate objects, curbs, parking lanes, or raised
bumps made out of rubber or impact-resistant plastic.
 |
Wide outside lanes are bicycle facilities that are at least
14 feet wide and allow motor vehicles and bicycles to operate side
by side.
 |
2.
Bicycle Facility Application.
A.
This section provides input on when each bicycle facility may be
utilized based on general roadway type and projected traffic volumes.
All bicycle facilities shall comply with the American Association
of State Highway and Transportation Officials (AASHTO) Guide for the
Development of Bicycle Facilities Fourth Edition, as amended as well
as PennDOT standards.
(1)
The following table shall be used to determine which bicycle
facilities are suitable for specific road classifications. If a bicycle
facility has already been established on adjacent properties, then
the Board of Supervisors may require a different bicycle facility
to maintain consistency along the roadway.
|
Road Classification
|
25 MPH
|
35 MPH
|
40-55 MPH
|
|---|---|---|---|
|
Collector Street
|
Buffered bicycle lane
Bicycle lane
Paved shoulder*
Wide outside lane*
|
Buffered bicycle lane
Bicycle lane
Paved shoulder*
Wide outside lane*
| |
|
Arterial Street
|
Protected bicycle lane
Buffered bicycle lane
Bicycle lane
Paved shoulder (6' wide minimum width)*
Wide outside lane*
|
Protected bicycle lane
Buffered bicycle lane
Paved shoulder (6' wide minimum width)*
|
|
NOTE:
| |
|
*
|
The Board of Supervisors may allow these bicycle facilities
if the other facilities are not feasible or suitable for the specific
site.
|
(2)
Protected bicycle lanes are best used on wider roads with high
traffic volumes.
(3)
Buffered bicycle lanes are suited for wider streets with higher
traffic volumes and should be installed in areas where a five-foot
conventional bicycle lane cannot be established.
(4)
Standard bicycle lanes shall be at least six feet wide and are
best suited for wider streets with higher traffic volumes.
(5)
Paved shoulders shall be a minimum of five feet wide. When used
along arterial roads, paved shoulders shall be a minimum of six feet
wide. Paved shoulders are best suited for rural roadways where regular
restriping of a bicycle lane may be cost prohibitive or where intermittent
parking is expected.
(6)
Marked shared lanes are best used on narrower roads with slower
speed limits and lower traffic volumes where additional facilities
cannot be installed due to space constraints.
(7)
Wide outside lanes are best used on collector and arterial roads
with higher traffic volumes where adequate width for the installation
of a full bicycle lane is not available. They should only be relied
upon for short distances as they will not provide significant bicycling
comfort.
B.
When a subdivision or land development includes improvements to streets
which have been specified on Bike Montco: The Bicycle Plan for Montgomery
County or Township-adopted plans or maps to receive future bicycle
infrastructure improvements, bicycle routes or lanes shall be created
according to the road, speed and applicant's frontage as indicated
in the aforementioned plans.
3.
Bicycle Facility Requirements.
A.
All subdivisions and land developments that front on or contain collector
roads or roads of a higher classification shall be required to establish
bicycle facilities along those roads. In lieu of establishing bicycle
facilities, as described herein, subject to the discretion of the
Board of Supervisors, a fee may be paid by the applicant in a subdivision
or land development proposal according to the following schedule:
(1)
For a subdivision or land development involving residential
lots or dwelling units, $1,200 per residential lot or dwelling unit,
or $18 per linear foot of existing and proposed roadway frontage,
whichever sum is greater.
(2)
For a subdivision or land development involving nonresidential
lots, $1,200 for every 1,000 square feet of nonresidential building
area.
(3)
All fees paid in lieu of bicycle facilities shall be used on
or for:
(a)
The acquisition of land for bicycle facilities, multipurpose
paths, or greenway trails, as component additions to the New Hanover
Township system of parks, trails, greenways and open space as shown
on the New Hanover Township Open Space Plan and subsequent updates.
(b)
The construction of improvements on such land.
(c)
Costs incidental to such purposes including, but not limited
to, planning, engineering, design, administrative and legal fees,
access, signage, equipment and maintenance.
(4)
All fees paid to the Township shall be deposited in a separate
interest-bearing account established for such fees, the records for
which shall clearly identify the specific subdivision/land development
sites for which such fees have been received. Interest earned on such
fees shall become funds of that account and be subject to distribution
or expenditure for any and all costs and expenses hereinbefore identified.
Funds from such accounts shall be expended only in properly allocable
portions of the costs incurred to acquire, construct or improve such
specific, identifiable and/or proposed bicycle facilities, shared-use
path or greenway trail for which such funds have or may hereafter
be collected.
(5)
If the Township fails to use the fees collected from a particular
applicant in accordance with this section within three years of the
date such fees were paid, the specific applicant may submit a written
request, on such forms as are established by the Township, for the
refund of such fees, plus interest that accumulated thereon from the
date of fee payment, which request shall be reviewed and acted upon
by the Board of Supervisors of New Hanover Township within 45 days
of the date of receipt.
B.
Construction Standards. All on-road bicycle facilities shall meet the design requirements of the road. All off-street shared-use paths shall meet the design requirements from § 22-828 for shared-use paths.
C.
Bicycle Facility Fencing. All shared-use paths and bicycle facilities
shall provide the following style of fencing along the length of the
proposed trail, where specified by the Township. (The shared-use path
and bicycle facility trail fence detail is attached hereto incorporated
herein, marked as Exhibit "A."[1])
[1]
Editor's Note: Said exhibit is on file in the Township
offices.
D.
Signs and Markings. All signs and markings required pursuant to the
terms of this chapter shall conform to the standards set in the latest
edition of the Manual on Uniform Traffic Control, or subsequent amendments,
and PennDOT regulations.
