Township of New Hanover, PA
Montgomery County
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Table of Contents
Table of Contents
[Ord. 3/29/1990B, § 800]
1. 
The standards and requirements outlined herein shall be considered minimum standards and requirements for the promotion of the public health, safety, morals and general welfare.
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]
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 onsite. A grading plan for the entire site shall be submitted in conformance with §§ 22-503 and 22-603.
4. 
No land shall be developed or plotted for residential purposes unless all hazards to life, health or property including 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. 
Land subject to flooding shall not be plotted for residential occupancy.
6. 
Where trees, groves, waterways, scenic points, historic spots 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.
[Ord. 3/29/1990B, § 802; as amended by Ord. 93-3, 2/8/1993, § 29; and by Ord. 17-03, 3/27/2017]
1. 
Lot dimensions and areas, exclusive of easements, shall not be less than specified by the provisions of Chapter 27, Zoning.
2. 
Building setback lines shall be at and not a distance greater than specified by the provisions of Chapter 27, Zoning.
3. 
Lots shall be designed and sized to meet the natural resource protection standards or §§ 22-825 and 22-826 of this chapter and §§ 27-2101 and 27-2102 of Chapter 27, Zoning.
4. 
Lots shall front on a public street, a private street improved to Township standards or a parking court as approved by the Township.
5. 
Through lots shall be deed restricted to limit access to the lower order street.
6. 
Where feasible, lot lines shall follow municipal boundaries rather than cross them.
7. 
Where feasible, side lot lines shall be at right angles to straight street lines and radial to curved street lines.
8. 
Where feasible, the depth of residential lots shall be not less than one nor more than 2 1/2 times their width.
9. 
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.
10. 
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.
[Ord. 3/29/1990B, § 803; as amended by Ord. 97-7, 10/13/1997, § 804]
1. 
Where new utility easements or expansions or extensions of existing utility easements are required to accommodate utility installations, such easements shall have a minimum width of 20 feet, or as required by the individual utility company or authority, whichever is greater. New utility easements shall be located only upon consultation with the appropriate utility company or authority.
2. 
Where feasible, easements shall be centered or adjacent to rear or side lot lines.
3. 
Nothing shall be permitted to be placed, set or put within the area of a utility easement except lawns or suitable low ground cover.
4. 
Access easements shall be provided where there are common driveways or shared access arrangements.
5. 
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.
6. 
No right-of-way or easement for any purpose whatsoever shall be created, recited or described in any deed unless the same has been shown on the approved record plan.
7. 
Where pedestrian easements are provided across private lots, a method of physically delineating the pedestrian easement shall be provided. Such methods shall include shrubbery, trees, markers or other methods acceptable to the Township.
8. 
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.
9. 
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.
10. 
Any deed conveying a lot on a record plan shall make reference to the plan and all easements and encumbrances referenced in the plan. A representative description expressing the references by which easements and encumbrances will appear on all affected deeds shall be presented to the Township Engineer and Township Solicitor for their review and approval prior to action on the final plan.
[Ord. 3/29/1990B, § 804]
1. 
Blocks and lots shall be graded to secure proper drainage away from buildings and to prevent ponding of stormwater, except in detention/retention areas.
2. 
The final graded slope for excavation or fill shall not be steeper than three horizontal to one vertical.
3. 
The top or bottom edge of slopes shall be a minimum of five feet from property or right-of-way lines of streets in order to permit the normal rounding of the edge without encroaching on the abutting property.
4. 
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]
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. The groundwater table shall not be lowered through artificial means (such as pumps or gravity drains).
4. 
Should the applicant demonstrate a hardship whereby the Board of Supervisors grants a waiver from the requirements of this section, all basements and/or other below-grade areas so permitted shall employ gravity or mechanical devices to remove water from the below-grade areas. The water removed from the below-grade areas must be discharged in accordance with the sump pump ordinance at § 23-410, Subsection 28. Direct connection to the Township's stormwater management or piping system is not permitted, unless approved by the Township.
5. 
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.
[1]
Editor's Note: Former § 22-806, Stormwater Management, adopted by Ord. No. 3/29/1990B, § 805, as amended, was repealed by Ord. No. 17-03, 3/27/2017. For stormwater provisions, see now Ch. 23, Stormwater Management.
[Ord. 3/29/1990B, § 806; as amended by Ord. 97-7, 10/13/1997, § 807]
1. 
General.
A. 
All subdivisions and land development plans shall include methods to withhold and release stormwater at a controlled rate onto adjacent property.
B. 
Lots shall be laid out and graded to provide positive drainage away from buildings.
C. 
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 insure adequate drainage of all low points along the line of streets.
(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.
D. 
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.
E. 
Manholes shall be spaced not more than 450 feet apart along any one continuous line. 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 be spaced more than 450 feet apart. Manholes or inlets shall be provided at all changes of direction of storm sewer piping.
F. 
Inlets and manhole cover frames shall conform to Pennsylvania Department of Transportation specifications. At street intersections, inlets shall be placed in the tangent and not in the curved portion of the curbing. Manhole covers shall have the word "storm" cast in two inch high letters on the top of the cover.
G. 
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.
H. 
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 2000 acres). The design storm shall be a minimum fifty-year storm. A one-hundred-year storm shall be used if the structure will significantly affect the one-hundred-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.
2. 
Storm Sewer Design.
A. 
Storm Frequency.
(1) 
Design Flow Rate. The storm drainage system shall be designed for 10 years in all residential subdivision or land developments where the gross density is less than six dwelling units per acre and 25 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 Services, 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.
(2) 
Overflow System. An overflow system shall be provided to carry flow to the detention basin when the capacity of the storm drain pipe system is exceeded. The overflow system shall be of sufficient capacity to carry the difference between the one-hundred-year and ten-year peak flow rates.
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. 
Shoulders in Cut Areas (without swales).
(1) 
Water flowing in the shoulder shall not encroach more than 2/3 the shoulder width during a ten-year frequency storm of five-minute duration.
(2) 
The maximum velocity as determined by Manning's equation shall not exceed the allowable velocities as shown in Table 22-806-1 for the specific type of shoulder material.
(3) 
Inlets shall be provided to control the shoulder encroachment and water velocity.
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.
(2) 
The maximum velocity as determined by Manning's equation shall not exceed the allowable velocities as shown in Table 22-806-1 for the specific type of swale material.
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.
(2) 
Where headroom is restricted, equivalent pipe arches may be used in lieu of circular pipe.
(3) 
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.
[Ord. 3/29/1990B, § 807; as amended by Ord. 93-3, 2/8/1993, § 33; and by Ord. 97-7, 10/13/1997, § 808]
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 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.
E. 
On the recommendation of the Township Engineer, the Board of Supervisors may require that a subdivision or land development application comply with the requirements of Chapter 9, Grading and Excavating, Part 1, Soil Erosion, Sedimentation and Grading Control, as amended. However, in all cases, § 9-113, Standards for Grading Activities, as amended, shall apply to all subdivisions and land developments.
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 and mechanical erosion control and drainage system shall be installed as soon as practical 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 the site. Where necessary, the rate of surface water runoff shall be mechanically retarded.
(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 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; and by Ord. 12-05, 10/8/2012, §§ 2, 3]
1. 
Proposed streets shall conform in all respects to Township plans, 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.
5. 
Existing and proposed single access streets are prohibited.
6. 
Private streets may be approved only if they are designed and constructed to meet public street standards as specified in this chapter and other Township regulations.
7. 
New half or partial streets shall be prohibited.
8. 
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.
9. 
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.
10. 
Streets shall be logically related to topography so as to produce reasonable grades, satisfactory drainage and suitable building sites. Streets shall be so arranged as to be generally parallel to, rather than cross, contour lines, as well as to 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. 
Where possible, streets shall be oriented in a general east-west direction to provide the opportunity for solar utilization and to maximize south facing slopes.
12. 
Local roads (streets) shall be so designed to discourage through traffic. 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.
13. 
Streets within TC and TN developments shall be interconnected with each other and with streets on abutting properties in a grid or modified grid pattern connecting to major roads to facilitate alternatives for access that will avoid congesting major intersections and roads serving regional needs.
[Ord. 3/29/1990B; as added by Ord. 04-7, 12/13/2004, § 1; and as amended by Ord. 06-02, 1/30/2006, §§ 2, 3; by Ord. 12-03, 6/19/2012, §§ 4, 5; and by Ord. 12-05, 10/8/2012, §§ 4, 5]
1. 
On street parking, curb and sidewalk expansions (bulb-outs), center medians and high visibility crosswalks shall be integral components of the streetscape in the TC and TN Districts. The following street and right-of-way of private road easement standards will be permitted in the TC and TN Districts to provide adequate traffic flow and assist in the creation of a pedestrian oriented character within these districts. Specifically:
A. 
Major Collector/Town Center Boulevard Within the TC District; Street Right of Way (Or Private Road Easement) Components.
(1) 
A fifteen-foot width combined curb, verge and sidewalk standard shall be provided between the cartway and each right-of-way limit, composed of a six-foot wide verge (curbed and planted strip between sidewalk and edge of pavement) and a nine-foot wide sidewalk. When providing on-street angled parking and a center line median, an eight-foot wide curb and sidewalk without a verge shall be the minimum width allowed.
(2) 
An eleven-foot wide travel lane for each direction of vehicle travel shall be provided. Travel lanes shall be increased to 12 feet if center line medians are waived.
(3) 
An eight-foot to fourteen-foot wide median island shall be required. The maximum median width shall be used within blocks where a left turn lane is to be provided. In response to expected intense pedestrian use of internal open space plazas and town greens, a median segment may be waived by the Board of Supervisors in small areas, when compensating traffic-calming measures are provided and recommended by the Planning Commission and approved by the Board of Supervisors.
(a) 
A ten-foot wide combined verge and sidewalk standard shall be provided between the cartway and each right-of-way limit, composed of a six-foot wide sidewalk and a four-foot wide verge.
(b) 
Twenty-six-foot wide cartway comprised of two eleven-foot wide travel lanes with two-foot wide paved shoulders shall be provided for two-way streets.
(c) 
A fourteen-foot wide cartway range should be provided for one-way streets.
(d) 
Bicycle Facilities. Off-street bicycle paths and shared use paths are preferred. If the applicant does not provide off-street bicycle paths, a five-foot wide on-street bicycle lane with an adequate signage and design for bicycle maneuver shall be provided. On-street bicycle lanes are prohibited where adjacent to on-street parking. Despite this restriction, off street shall be designed to be bicycle compatible with provisions to address potential obstacles to bicycle movement in the shoulder or travel lane.
(e) 
On-street parallel parking only shall be permitted on all local streets and designed in accordance with conditions in Subsection 1A(3) above.
(f) 
Cartway width and right-of-way or a private road easement width of a local road shall follow the minimum design standards below:
1) 
Fourteen-foot cartway one-way with a thirty-four-foot right-of-way.
2) 
Thirty-foot cartway (one-way and parallel parking), with forty-two-foot right-of-way.
3) 
Twenty-six-foot cartway (two-way) with a forty-six-foot right-of-way.
4) 
Thirty-eight-foot cartway (two-way and parallel parking) with a fifty-eight-foot right-of-way.
(4) 
On-Street Parking Areas Are Required. Two options are permitted, parallel (eight-foot by twenty-two-foot) and 30° angled (nine feet by 19 feet) parking spaces. Parallel parking and 30° angled parking shall be accommodated in an area between the sidewalk edge and cartway, eight feet and 18 feet wide, respectively. On-street parking areas shall be constructed as parking bays containing a maximum of 10 adjacent parking spaces with "verge" bulb-outs that extend to the edge of the cartway between each bay. A verge bulb-out shall be a minimum of 10 feet long, measured parallel to the street center line, a "mid-block crossing" bulb-out shall be provided between every 30 parking spaces. The mid-block crossing bulb-out shall be 18 feet long, measured parallel to the street center line. The resulting varying sidewalk widths shall allow for diverse amenities, such as sidewalk displays, outdoor cafe seating or additional plantings in widened verge areas.
(5) 
On-street bicycle lane designations are prohibited in areas where on-street parking is provided. Despite this restriction, all streets shall be designed to be bicycle-compatible with provisions to address potential obstacles to bicycle movement in the shoulder or travel lane.
(6) 
Off-street bicycle paths and shared use paths are the preferred bicycle facility type.
(7) 
Curbside drop-off slots associated with internal open space, public space, major nonresidential buildings, mixed use multifamily buildings and off-street parking areas should be provided at regular intervals.
(8) 
Cartway width and right-of-way width shall smoothly transition along a TC boulevard utilizing the following minimum standards:
(a) 
Thirty-foot cartway (eight-foot median), sixty-foot right-of-way.
(b) 
Forty-six-foot cartway (eight-foot median and parallel parking), sixty-two-foot right-of-way.
(c) 
Sixty-six-foot cartway (eight-foot median and angled parking), eighty-two-foot right-of-way.
(d) 
Seventy-two-foot cartway (fourteen-foot median and angled parking), eighty-eight-foot right-of-way.
B. 
Major Collector/Boulevard within the TN District; Right-of-Way Components.
(1) 
A twelve-foot wide combined curb, verge and sidewalk area shall be comprised of a six-foot wide verge (planted strip between sidewalk and edge of pavement) and a six-foot wide sidewalk. When providing on-street angled parking and center line median, an eight-foot wide curb and sidewalk without a verge shall be the minimum width allowed.
(2) 
An eleven-foot travel lane for each direction of vehicle travel shall be provided.
(3) 
A variable eight-foot to fourteen-foot planted median area shall be required. The maximum median width shall be used within blocks where a left turn lane is to be provided. In response to expected intense pedestrian use or internal open space plazas and town greens, a median segment may be waived by the Board of Supervisors in small areas, when compensating traffic-calming measures are provided and recommended by the Planning Commission and approved by the Board of Supervisors.
(4) 
Bicycle Facilities. Off-street bicycle paths and shared use paths are preferred. If the applicant does not provide off-street bicycle paths, a five-foot wide on-street bicycle lane with adequate signing and design for bicycle maneuvers shall be provided. On-street bicycle lanes are prohibited in areas where on-street parking is provided. Despite this restriction, all streets shall be designed to be bicycle-compatible with provisions to address potential obstacles to bicycle movement in the shoulder or travel lane.
(5) 
On-street parking areas shall be permitted in accordance with the conditions of Subsection .A(4) above.
(6) 
Curbside drop-off slots associated with internal open space, public space, major residential buildings and off-street parking areas should be provided at regular intervals.
(7) 
Cartway width and right-of-way width shall smoothly transition along a TN boulevard utilizing the following minimum standards:
(a) 
Thirty-foot cartway (eight-foot median), fifty-four-foot right-of-way.
(b) 
Forty-six-foot cartway (eight-foot median and parallel parking), sixty-two-foot right-of-way.
(c) 
Sixty-six-foot cartway (eight-foot median and angled parking), seventy-foot right-of-way.
(d) 
Seventy-two-foot cartway (fourteen-foot median and angled parking), seventy-six-foot right-of-way.
C. 
Local Streets within the TC and TN Districts; Right-of-Way Components.
(1) 
A ten-foot wide combined verge and sidewalk standard shall be provided between the cartway and each right-of-way limit, composed of a five-foot wide sidewalk and a five-foot wide verge. Where on-street parking is proposed, a minimum six-foot wide sidewalk should be provided at the edge of pavement.
(2) 
A twenty-six-foot wide cartway comprised of two eleven-foot wide travel lanes with two-foot wide paved shoulders shall be provided for two-way streets.
(3) 
A fourteen-foot wide cartway lane shall be provided for one-way streets.
(4) 
Bicycle Facilities. Off-street bicycle paths and shared use paths are preferred. If the applicant does not provide off-street bicycle paths, a five-foot wide on-street bicycle lane with adequate signing and design for bicycle maneuvers shall be provided. On-street bicycle lanes are prohibited where adjacent to on-street parking. Despite this restriction, all streets shall be designed to be bicycle-compatible with provisions to address potential obstacles to bicycle movement in the shoulder or travel lane.
(5) 
On-street parallel parking areas shall be permitted on all local streets and designed in accordance with the conditions of Subsection 1C(4) above.
(6) 
Cartway width and right-of-way or private road easement width of a local road shall follow the minimum standards below:
(a) 
Fourteen-foot cartway (one-way), thirty-four-foot right-of-way.
(b) 
Thirty-foot cartway (one-way and parallel parking), forty-two-foot right-of-way.
(c) 
Twenty-six-foot cartway (two way), forty-six-foot right-of-way.
(d) 
Forty-two-foot cartway (two way and parallel parking), fifty-four-foot right-of-way.
D. 
Rear Access Lane within the TC and TN Districts; Right-of-Way Components.
(1) 
An eight-foot verge and driveway apron area shall be provided between accessory buildings and the edge of pavement.
(2) 
An eighteen-foot cartway shall be provided to serve the garages and service areas of homes, multifamily, mixed use multifamily and nonresidential buildings.
(3) 
Maximum cartway width shall be 18 feet.
(4) 
Minimum right-of-way or private easement width shall be 34 feet.
(5) 
Parking shall be prohibited within the 18 feet cartway width.
(6) 
Multi-purpose paved areas shall be provided mid-block along rear access lanes to allow vehicle turn arounds, provide a temporary storage area for snow removal operations, visitor parking and access to internal open space. These areas shall be no longer than 20 feet by 50 feet and comprised of permeable paving materials for supplemental stormwater infiltration.
E. 
Crosswalks and Traffic-Calming Measures in the TC and TN Districts. Innovative measures to enhance the safety and mobility of pedestrians and bicyclists are encouraged within the TC and TN Districts. Where appropriate, high visibility markings, striping, crossing tables and similar measures shall be integrated into the development of the roadway network in these districts.
[Ord. 3/29/1990B, § 809]
1. 
If future extension is clearly practical or desirable, a stub street shall be provided with a temporary turn-around. The temporary turn-around right-of-way shall be placed adjacent to the tract boundary; the right-of-way shall meet the cul-de-sac standards. The right-of-way shall be granted as an easement to the Township, such easement will be surrendered to the adjoining property owners upon the extension of the street.
2. 
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.
3. 
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.
[Ord. 3/29/1990B, § 810; as amended by Ord. 93-3, 2/8/1993, §§ 34, 35]
1. 
If permitted by the Board of Supervisors, cul-de-sac streets shall be designed as follows:
A. 
Cul-de-sac streets shall be a minimum of 250 feet long from the edge of paving or curbline of the intersecting street to the far end of the cul-de-sac edge of paving or curbline and shall not exceed 800 feet in length. 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, tract configuration and low housing density warrant a longer cul-de-sac.
B. 
Culs-de-sac 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.
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.
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 center line grade on a cul-de-sac street shall not exceed 10% and the grade of the diameter of the turn-around shall not exceed 5%.
F. 
Residential cul-de-sac streets, permanently designed as such, shall not provide access to more dwelling units that generate more than 200 average daily trips (ADT).
[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; and by Ord. 12-05, 10/8/2012, § 6]
1. 
Standards.
A. 
The following standards apply to existing streets:
Minimum Cartway Requirements
Street Classification
Cartway
(feet)
Rural Arterial
([1])
Developed Arterial
()
Major Collector
36
Minor Collector
30
Local Roads
28
Marginal Access
24
Alley
22
Private Roads
([2])
[1]
As required by the Pennsylvania Department of Transportation or the County of Montgomery.
[2]
As determined by the Township Supervisors with direction from the Township Engineer.
B. 
The cartway width shall be increased by eight feet where on-street parking is provided along one side of the street and by 16 feet where on-street parking is provided along two sides of the street.
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.
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 to conform to the standards of this chapter.
[Ord. 3/29/1990B, § 812; as amended by Ord. 99-3, 6/28/1999, § 10; by Ord. 06-01, 2/13/2006, §§ 2, 3, and 4; by Ord. 12-03, 6/19/2012, §§ 7 — 10; and by Ord. 12-05, 10/8/2012, §§ 7 — 10]
1. 
Purpose. The purpose of these provisions is to establish appropriate standards for the design of streets in residential subdivisions that will promote the safety and convenience of vehicular traffic, protect the safety of residents, minimize the long term costs for the maintenance and repair of streets, minimize crime in residential areas, protect the residential qualities of neighborhoods by limiting traffic volume, traffic speed, noise and fumes, encourage the efficient use of land, and minimize the cost of street construction.
2. 
Street Hierarchy. The intent of this section is to create an integrated residential street system by setting varying street standards within which the designer may design a residential subdivision or land development. The street hierarchy is related to average daily traffic (ADT) levels, lot frontage and the need for on-street parking. The following hierarchy is hereby established:
A. 
Residential major collector (highest order).
B. 
Residential minor collector.
C. 
Residential local road (lowest order).
3. 
Classification. New residential streets will be classified according to the expected numbers of average daily trips generated. If proposed lots are large enough for further subdivision, the Board of Supervisors may require that the street be constructed to the standards of a higher classification unless the lots are deed restricted against further subdivision or development. The number of trips per day is determined through use of the Institute of Transportation Engineers (ITE) Trip Generation Report (current edition or as amended).
4. 
No new residential street may tie into an existing residential street if the expected average daily traffic (ADT) from the new development will exceed the allowable ADT level for the existing street classification.
5. 
Cartways. The cartway width standards listed in the following subsections are required for streets without on-street parking. The cartway width shall be increased by eight feet where on-street parking is provided along one side of the street and by 16 feet where on-street parking is provided along two sides of the street. In addition to required off-street parking, on-street parking shall be provided along both sides of residential streets where any lot is less than 20,000 square feet in area or any lot width is less than 100 feet.
6. 
Residential (Minor) Local Roads. These are the lowest order streets in the hierarchy. These streets are intended to carry the least amount of traffic at the lowest speed and will provide the safest and most desirable environment for residential neighborhoods. Developments should be designed so that the maximum number of homes in the development will front on this class of street.
A. 
Service Restrictions. Each local road shall be designed so that no section of the street conveys a traffic volume greater than 200 ADT. Each half of a loop street may be regarded as a single local road and the total traffic volume conveyed on a loop street shall not exceed 400 ADT.
B. 
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 on it.
C. 
Street Width and Curbing.
(1) 
Cartway: 32 feet.[1]
[1]
Note: Cartway widths for private roads shall be determined by the Township Supervisors with direction from the Township Engineer.
(2) 
Curbs shall be provided in all zoning districts.
D. 
Shoulders. Where curbing is not required, two-foot wide paved shoulders shall be provided on both sides of the cartway.
E. 
Culs-de-sac and Stub Streets. See §§ 22-810 and 22-811.
F. 
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.
(1) 
The maximum ADT at the intersection with the through street shall be 200.
(2) 
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.
G. 
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.
(1) 
Minimum grade: 1%.
(2) 
Maximum grade: 10%.
(3) 
Horizontal curvature: minimum center line radius of 100 feet.
(4) 
Minimum tangent length between reverse curves: 50 feet.
(5) 
Stopping sight distances: 175 feet minimum.
(6) 
Maximum grade within 50 feet of the ultimate right-of-way intersection: 4%.
H. 
Private roads built to standards set forth by the Township Supervisors hereby meet Township standards.
7. 
Residential Minor Collector Road. These are the middle order streets in the hierarchy. They will carry more traffic than the local roads and should provide an acceptable, if not an optimum, environment for a residential neighborhood.
A. 
Service Restrictions. Minor collector roads shall be designed so that no section of the street conveys a traffic volume greater than 500 ADT. Each half of a loop minor collector may be regarded as a single minor collector and total traffic volume conveyed on a loop street shall not exceed 1,000 ADT. Minor collectors shall be designed to exclude all external through traffic which has neither an origin or a destination on the minor collector or its tributary residential local roads.
B. 
Street Access. Every minor collector must be provided with no fewer than two access intersections to a street of higher classification in the streets hierarchy, namely existing or proposed collector roads or arterial highways, if the total traffic volume exceeds 500 ADT on the street. For minor collector streets designed not to exceed 500 ADT, a minor collector with one access intersection to a street of higher order is allowed. In no case shall a minor collector end in a cul-de-sac.
C. 
Street Width and Curbing.
(1) 
Cartway: 32 feet.
(2) 
Curbs shall be provided in all zoning districts.
D. 
Shoulders. When curbing is not required, two-foot wide paved shoulders shall be provided on both sides of the cartway.
E. 
Moving Lanes. All minor collector streets shall be provided with two continuous moving lanes within which no parking is permitted.
F. 
Engineering Criteria. All features of the geometric design of subcollector streets that are not specified below shall be designed for a design speed of 30 miles per hour:
(1) 
Minimum grade: 1%.
(2) 
Maximum grade: 7%.
(3) 
Horizontal curvature: minimum center line radius of 140 feet.
(4) 
Minimum tangent length between reverse curves: 100 feet.
(5) 
Stopping sight distance: 200 feet minimum.
(6) 
Maximum grade within 50 feet of the ultimate right-of-way intersection: 4%.
8. 
Residential Major Collector Road. These are the highest order streets that could be classed as residential. They will carry the largest volumes of traffic at higher speeds. In large residential developments, this class of street may be necessary to carry traffic from one neighborhood to another or from the neighborhood to streets connecting to other areas in the community. This level of street is unsuitable for providing direct access to homes and such access to homes should be avoided.
A. 
Service Restrictions.
(1) 
Provision of major collector street system is mandated whenever any proposed development is of sufficient magnitude to render it impossible to meet the maximum anticipated service volume (ADT) standards established for local access and subcollector streets. Generally, a nonfrontage major collector may be necessary whenever a development exceeds 1,000 ADT, or when it carries external through traffic in addition to traffic generated by the development.
(2) 
Residential collectors shall be laid out to discourage excessive external through traffic, except where linkage between bordering streets may be determined to be desirable as indicated by the Township during plan review. The Township may impose additional standards on the design of the street, if additional external through traffic shall so warrant.
(3) 
Whenever possible, major collector streets shall be designed to have no residential lots directly fronting on them. When this is not possible, the amount of residential frontage per length of collector street length shall not exceed the limits set forth in the accompanying chart. In addition, only lots having frontages of 100 feet or greater may front on major collector streets.
Maximum Percentage of Lots with Direct Access to Major Collector Over the Entire Length of the Major Collector
to 1,200
1,201-1,600
1,601-2,000
more than 2,000
20%
10%
5%
0%
B. 
Street Access. Every major collector must be provided with no fewer than two access intersections to streets of equal or higher classification in the streets hierarchy.
C. 
Street Width and Curbing.
(1) 
Cartway: 36 feet.
(2) 
Curbs shall be provided in all zoning districts.
D. 
Shoulders. Four-foot wide paved shoulders are required along both sides of the major collector street cartway.
E. 
Moving Lanes. All major collector streets shall be provided with a minimum of two moving lanes.
F. 
On-street parking shall be prohibited on major collector streets.
G. 
Engineering Criteria. All features of the geometric design of major collectors that are not specified below shall be designed for a design speed of 40 miles per hour.
(1) 
Minimum grade: 1%.
(2) 
Maximum grade: 7%.
(3) 
Horizontal curvature: minimum center line radius of 350 feet.
(4) 
Minimum tangent length between reverse curves: 150 feet.
(5) 
Super elevation: 0.08 foot/foot.
(6) 
Stopping sight distance: 275 feet.
(7) 
Maximum Grade Within 50 Feet of the Ultimate Right-of-Way of Intersection: 3%.
[Ord. 3/29/1990B, § 813; as amended by Ord. 12-03, 6/19/2012, § 11; and by Ord. 12-05, 10/8/2012, § 11]
1. 
Alleys are not permitted in residential developments and subdivisions.
2. 
Where alleys are provided for nonresidential uses, alleys shall have a minimum cartway width of 22 feet.
3. 
No part of any building or structure shall be located within 16 feet of the cartway of an alley.
4. 
Dead-end alleys shall be avoided, but where this proves impossible, dead-end alleys shall terminate with a paved circular turn-around with a minimum radius of 40 feet.
5. 
Alley intersections and sharp changes in alignment shall be avoided. Corners shall be cut off sufficiently to permit safe vehicular movement. Alleys shall be designed to discourage through traffic.
[Ord. 3/29/1990B, § 814; as amended by Ord. 93-3, 2/8/1993, § 38; and by Ord. 99-3, 6/28/1999, § 11]
1. 
These are streets serving nonresidential uses.
A. 
Classifications. New nonresidential streets shall be classified according to the average daily trips generated along the street and any tributary streets. The number of trips per day are determined through the use of the Institute of Transportation Engineers (ITE) Trip Generation Report (current edition or as amended.)
Classification
ADT
Major Collector
Greater than 1,000
Minor Collector
501 to 1,000
Local (Minor) Road
to 500
B. 
Design Standards. The following standards shall apply to new nonresidential streets:
Minimum Requirements
Street Classification
Ultimate Right-of-Way
(feet)
Cartway
(feet)
Major Collector
80
40
Minor Collector
60
33
Local (minor) Road
52
28
2. 
The cartway width shall be increased by eight feet where on-street parking is provided along one side of the street and by 16 feet where on-street parking is provided along two sides of the street.
3. 
Curbing is required along all new nonresidential streets.
4. 
Moving Lanes. All industrial/commercial streets shall be provided with a minimum of two continuous moving lanes in which no parking is permitted.
5. 
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.
A. 
Minimum grade: 1%.
B. 
Maximum grade: 5%.
C. 
Horizontal curvature, minimum tangent length between reverse curves, super elevation, stopping sight distance and maximum grade within 50 feet of intersection. New nonresidential residential streets shall meet the standards for the same classification of street under § 22-813, New Residential Streets.
6. 
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.
[Ord. 3/29/1990B, § 815; as amended by Ord. 95-8C, 11/27/1995, § 1]
1. 
Classification. Marginal access streets are required, unless specifically waived by the Board of Supervisors, in the CB-1 Commercial Business District and along existing or proposed arterial or major collector roads where the arterial or major collector road exceeds 2,000 average daily traffic (ADT).
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. 
The marginal access street may be a continuation of the driveway aisle through a parking area and need not be separated from parking spaces.
E. 
A minimum distance of 35 feet shall be provided between the marginal access street cartway and the cartway of the arterial or major collector road.
F. 
A marginal access street shall be constructed generally parallel to the arterial or major collector road. Where possible, it shall be located between the structure and the arterial or major collector road. Where this is not feasible, it may be located behind the structure, subject to the approval by the Board of Supervisors.
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; and by Ord. 07-02, 3/26/2007, § 3]
1. 
Lots Used for Single-Family Detached Dwellings.
A. 
Driveways shall not be located less than 40 feet from any street intersection. 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.
B. 
For minor collector and higher order streets, there shall be adequate driveway turn-around space on each lot so that no car need back out onto a street in order to leave the lot.
C. 
Driveways shall be so located, designed and constructed as to provide a reasonable sight distance at intersections with stopping space, not to exceed a 4% grade, 20 feet behind the right-of-way line.
D. 
All driveways shall be at least five feet from any side or rear lot line for single-family lots. Common use of driveways by adjacent landowners is permitted at the sole discretion of the Township Board of Supervisors.
E. 
For properties abutting curbed and uncurbed streets, the following standards shall apply to the driveway apron at the street line:
(1) 
Minimum curb cut or driveway width at the street line: 10 feet.
(2) 
Maximum curb cut or driveway width at the street line: 20 feet.
F. 
Each single-family lot shall have only one curb cut along any one street frontage.
2. 
Lots or Sites Used for Other Purposes.
A. 
All entrance drives serving four or less dwelling units shall, at a minimum, be designed to single-family driveway standards above.
B. 
Except as provided in Subsection 2A above, all entrance drives which may be expected to convey less than 200 ADT volume shall be laid out to conform to the design, service and access standards established in this chapter for local roads and shall be considered a local road for purposes of establishing the street hierarchy.
C. 
All entrance drives which may be expected to convey greater than 200 ADT but less than 1,000 ADT volume shall be laid out to conform to the minimum design, service and access standards specified in this chapter for residential minor collectors and shall be considered a minor collector street.
D. 
All entrance drives which may be expected to convey greater than 1,000 ADT volume shall be laid out to conform to the minimum design, service and access standards specified in this chapter for major collector streets.
E. 
In addition to the above standards, all entrance drives shall be located in accordance with the recommendations of Access Management for Streets and Highways, U.S. Department of Transportation, June 1982, latest revision.
[Ord. 3/29/1990B, § 817]
1. 
Corner Sight Distance (Clear Sight Triangle).
A. 
Whenever a proposed street intersects an existing or proposed street of higher order in the street hierarchy, the street of lower order shall be made a stop street. The street of lower order shall also be designed to provide a minimum corner sight distance as specified in the accompanying chart:
022d Sight Triangle.tif
Y
=
CORNER SIGHT DISTANCE, measured from point a to point c and c to d.
a and b
=
A point 3 1/2 feet above the center line of the higher order roadway.
b
=
eye level from a car stopped at the intersection on the lower order road; for this chapter b is situated 3 1/2 feet above the roadway, 20 feet higher from the edge of paving of the higher order road.
c
=
approximate center of intersection of two streets.
Minimum Corner Sight Distance (Y)
Higher Order Road Classification
Y
(feet)
Existing arterial
500
Existing major collector
400
New major collector
350
New minor collector
300
New local (minor) road
250
B. 
The entire area of the clear sight triangle, described by points a, b and c above, shall be designed to provide an unobstructed view across it from point b to all points 3 1/2 feet above the cartway along the center line from point a to points c and d.
2. 
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:
Major Collector
30 feet
Minor Collector
20 feet
Local (Minor) Road
15 feet
3. 
Intersection Spacing. Proposed streets which intersect opposite sides of another street (either existing or proposed) shall be laid out to intersect directly opposite each other, or at the discretion of the Board of Supervisors, with a minimum offset or spacing measured from center line to center line as specified below.
Minimum Intersection Spacing
Higher Order Road Classification or Roads of Equal Classification
Spacing
(feet)
Major Collector
300
Minor Collector
125
Local (Minor) Road
125
4. 
Intersection Angle. Intersecting streets shall intersect at a 90° angle for a minimum of 50 feet beyond the intersection of the right-of-way lines.
5. 
Turning Lanes. Deceleration or turning lanes may be required by the Township along existing and proposed major collector and/or arterial roads whenever these intersect other major collector or minor collector roads.
A. 
Deceleration or turning or merging lanes may be required by the Township along existing and proposed streets as determined by a traffic impact study required by § 22-819.
B. 
Deceleration lanes shall be designed to the following standards:
(1) 
The lane width shall be the same as the required width of the roadway moving lanes.
(2) 
The lane shall provide the full required lane width for its full length. It shall not be tapered.
(3) 
The minimum lane length shall be as follows:
Design Speed or Road
Minimum Deceleration Lane Length
(feet)
30 mph
165
40 mph
230
50 mph
310
[Ord. 3/29/1990B, § 818; as amended by Ord. 07-02, 3/26/2007, § 4]
The applicant shall submit an analysis which evaluates the traffic impact when the proposed subdivision or land development generates 500 or more trips per day. The number of trips per day is determined through the use of the Institute of Transportation Engineers (ITE) Trip Generation Report (current edition or as amended.) The proposed subdivision or land development is identified using the columns "Type of Land Use" and "Type of Development." The size of the proposed subdivision or land development (number of dwelling units, gross square footage, number of beds, etc.) is multiplied by the appropriate rate listed in the column "Average Trip Generation Rates" to determine the trips per day. All traffic impact studies, documents, and related materials submitted to the Township shall include a certification and signature by a professional engineer trained and experienced in the development of such documents.
[Ord. 3/29/1990B, § 819; as amended by Ord. 99-3, 6/23/1999, §§ 12, 13; by Ord. 06-01, 2/13/2006, § 5; and by Ord. 17-03, 3/27/2017]
1. 
Except in the HI Zoning District, street trees shall be planted along all streets where street trees do not exist.
2. 
On lots greater than 15,000 square feet in area, canopy trees shall be planted at intervals of not more than 50 feet along each side of the streets. On lots of 15,000 square feet or smaller in area, flowering trees shall be planted at intervals of not more than 60 feet on each side of the streets.
3. 
At intersections, trees shall be located no closer than 30 feet from the intersection of the street rights-of-way. Refer to § 22-818, Subsection 1, Corner Sight Distance (Clear Sight Triangle).
4. 
Street trees shall be planted behind the ultimate right-of-way, but not over underground utilities, unless otherwise approved by the Board of Supervisors.
5. 
Street trees shall be staggered on opposite sides of the street.
6. 
The minimum trunk diameter, measured at a height of 4 1/2 feet (dbh-diameter at breast height) above the finished grade level, shall be two inches.
7. 
Street trees shall be of nursery stock. They shall be of symmetrical growth, free of insects, pests and disease. All plant material shall conform to the applicable standards of "The American Standard for Nursery Stock, ANSI Z60, 1-2004, as amended." These standards include, but are not limited to caliper, height, spread and root ball size.
8. 
Canopy trees used shall be from the list specified in § 22-829, Table 22-8-3A. Flowering trees used shall be from the list specified in § 22-829, Table 22-8-3B. Other species may be used subject to the approval of the Board of Supervisors.
9. 
Where a street tree is planted within 15 feet horizontal distance from an overhead electric utility line, the species of street tree plants shall be of a variety which does not grow more than 25 feet in height.
[Ord. 3/29/1990B, § 820]
1. 
Street signs shall be of an approved vandal-proof design and shall be consistent in design and specification with those in general use by the Township.
2. 
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.
3. 
Street name plates, standards, installation and locations shall be subject to the approval and inspection of the Township Engineer(s).
4. 
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 Pennsylvania Department of Transportation, 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; and by Ord. 12-05, 10/8/2012, § 12]
1. 
Sidewalks shall be provided along both sides of existing and new streets in the R-25, R-15, CB-1, CB-2 and LI zoning districts. The applicant may request a waiver of this requirement for residential subdivisions where all lots are one acre or larger in areas or in those subdivisions and developments where a pedestrian path system or a bicycle path system is provided which serves the same purpose as a sidewalk system, subject to approval of the Board of Supervisors.
2. 
The minimum width of all sidewalks shall be four feet with a minimum four-foot wide planting strip between the curb and the sidewalk along streets. The minimum width of a combination sidewalk and curb shall be six feet, which may be used in nonresidential developments or subdivisions.
3. 
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.
4. 
At corners and pedestrian street-crossing points, sidewalks shall be extended to the curbline with an adequate apron area for anticipated pedestrian traffic.
5. 
In addition to the preceding requirements, all sidewalks 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. These facilities shall be constructed in accordance with the chapter titled "Pedestrian Facilities" of the PennDot Design Manual, Part 2, or any amendments thereto; and with PennDOT RC-67M Curb Ramps and Sidewalks Construction Details.
[Ord. 3/29/1990B, § 822; as amended by Ord. 93-3, 2/8/1993, § 40]
1. 
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.
2. 
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).
3. 
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.
4. 
Along arterial, major collector and minor 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.
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.
A. 
Except where specifically waived by the Board of Supervisors, parking areas shall be separated from external streets and internal streets and/or drives by a ten-foot wide curbed planting strip.
B. 
Each end of a parking row shall be provided with a ten-foot wide curbed planting island.
C. 
Each fourth row of parking (whether single or double loaded), shall be provided with a ten-foot wide curbed planting strip.
D. 
A canopy of flowering trees shall be planted in eighty-foot centers along the planting strips. At least one canopy or flowering tree shall be planted in each planting island. Trees shall meet the standards of § 22-820, Street Trees, Subsections 6, 7 and 8. The species chosen shall be able to survive soot and gas fumes. Trees which have low-growing branches, gum and moisture which may drop on vehicles, or seeds or pods which may clog drainage facilities shall not be used.
022e Parking Rows.tif
E. 
In other areas where necessary for vehicular channelization and where determined necessary by the Board of Supervisors for pedestrian safety, a doubleloaded row of parking spaces shall include a ten-foot wide raised planting strip.
F. 
The planting strips shall include sidewalks, light standards and trees. The location of light standards and trees shall not interfere with each other. Sidewalks shall be at least four feet wide.
G. 
The edge of any parking area shall not be closer than 15 feet to the outside wall of the nearest building. This area shall be used for sidewalks to entryways and foundation plantings.
H. 
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.
Aisle Width
(feet)
Type
One-Way
Two-Way
Stall Width
(feet)
Stall Depth
(feet)**
Conventional
20
24
9.5
19.0
Handicapped
20
24
12.5
19.0
Oversized*
(as determined by Township)
*
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) 
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:
Aisle Width Variation
(in feet)
Angle of Parking
One-Way
Two-Way
Stall Depth Variation
(in feet)
90
0
0
0
60
-2
-3
+1
45
-5
-4
0
30
-8
-4
-2
I. 
All dead-end parking areas shall be designed to provide sufficient area for backing and turning movements for the end stalls of the parking area.
J. 
No less than a five-foot radius of curvature shall be permitted for all curblines in all parking areas.
K. 
Except at entrance and exist 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 set back and the cartway shall be maintained as a planting strip.
L. 
The depth and width of parking areas reserved or laid out for commercial and industrial uses shall be appropriate to those uses.
M. 
The layout of every parking area shall be such as to permit safe and efficient internal circulation, in accordance with accepted traffic engineering principles and standards, including truck traffic where applicable.
N. 
Entrances and exits to and from off-street parking areas shall be located so as to avoid interference with street traffic.
O. 
Every off-street parking area shall include sufficient stacking space to accommodate entering and exiting vehicles without overflowing into adjacent streets or service roadways.
P. 
Wherever possible, the layout of parking aisles and rows shall be perpendicular to building facades to facilitate channelization of pedestrian movements.
Q. 
For the purpose of servicing any property held under single and separate ownership, entrance and exist 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 center lines 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 center line of any entrance or exit accessway and the street line of the street parallel to said accessway.
R. 
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.
S. 
Concrete tire bumpers shall be installed so as to prevent vehicle overhang on the sidewalk area and planting strip.
T. 
Parking and display areas along arterial and major 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 automobile 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.
6. 
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 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.
7. 
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.
8. 
All parking spaces shall be marked with a four-inch wide painted line so that individual spaces are identifiable.
9. 
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.
[Ord. 3/29/1990B, § 823]
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.
B. 
There shall be adequate maneuvering space for all delivery vehicles.
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; and by Ord. 07-02, 3/26/2007, § 9]
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 § 22-826 for the application of these standards.
A. 
Floodplains. Those areas within the one-hundred-year flood boundary and the approximate one-hundred-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 § 22-827, Floodplain Regulations.
B. 
Floodplain Soils.
(1) 
Along streams, ponds, lakes and watercourses, where the one-hundred-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 § 22-827, Floodplain Regulations.
(2) 
Studies prepared by a registered engineer, expert in the preparation of hydrological and hydraulic studies, may be used to delineate the one-hundred-year floodway and floodplain soils and approximate one-hundred-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:
(1) 
Fifteen Percent to 25%. No more than 30% of such areas shall be altered, regraded, cleared or built upon.
(2) 
Twenty-five Percent or Steeper. No more than 20% of such areas shall be altered, regraded, cleared or built upon.
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 one-hundred-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 center line 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 center line 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]
1. 
In order to meet the natural resource protection standards of § 22-825, 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 Subsction 1B and C. However, the resource protection standards of § 22-825, 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.
(a) 
A1-General farming.
(b) 
A1-Nursery.
(c) 
A4-Forestry.
(d) 
A7-Agricultural retail.
(e) 
A8-Farm unit.
(f) 
A10-Kennel-noncommercial.
(g) 
B1-Detached dwelling.
(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 § 22-825, 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.
(a) 
A1-General farming.
(b) 
A2-Nursery.
(c) 
A4-Forestry.
(d) 
A7-Agricultural retail.
(e) 
A8-Farm unit.
(f) 
A10-Kennel-noncommercial.
(g) 
B1-Detached dwelling.
(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.
Minimum Building Envelope
District
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 (except Use H12)
(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 § 22-825.
(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 tees for the purpose of identifying the building envelope. The building envelope may include woodland areas and mature trees. However, the requirements of §§ 22-825, 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. One-hundred-year Flood Boundary
100%**
Floodplains Soils
100%**
Steep Slopes:
15-25%
70%
25% or more
80%
Woodlands:
R-25, R15, R5, RV, CB1, CB-2, CC, LI, HI,
50%
R-2, R-2M
80%
Watercourses Streams, Ponds
100%
Wetlands
100%
Pone Shorelines
80%
Wetland Margins
80%
Land with Resource Restrictions
_____ acres
Resource Protection Land
_____ acres
* 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 § 22-827, 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 § 22-827, 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[1]
_____ acres
Standard Minimum Open Space
_____ acres
[1]
Note: See § 27-305 of Chapter 27, Zoning.
(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[2]
[2]
Round up if fraction is equal to or greater than 0.5; round down if less than 0.5.
(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; and by Ord. 17-03, 3/27/2017]
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.
(3) 
Requiring all those uses, activities and development as defined by § 27-202 of Chapter 27, Zoning, that do occur in flood prone areas to be protected and/or floodproofed against flooding and flood damage.
(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:
(1) 
Floodway, as defined in Part 2 of this chapter.
(2) 
Flood fringe, as defined in Part 2 of this chapter.
(3) 
Approximate one-hundred-year flood boundary, as defined in Part 2 of this chapter.
(4) 
Floodplain soils, as defined in Part 2 of this chapter.
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: (a) 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 § 22-827, 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 one-hundred-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 one-hundred-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 § 22-827, 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, it attached to the site only by quick disconnect type utilities and security devices and has no permanently attached additions.
b) 
Recreation 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) 
Single-family detached dwellings, subject to the requirements of § 22-827, Subsection 3J and K.
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 One-Hundred-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 one-hundred-year flood boundary areas, and floodplain soils areas shall apply:
(1) 
For all areas designated as approximate one-hundred-year flood boundary and floodplain soils, the provisions of § 22-827, Subsection 3E, Floodway Area Regulations, shall be applicable.
(2) 
The applicant for a proposed use, development or activity in approximate one-hundred-year flood boundary areas and/or floodplain soils areas shall determine the floodway and flood fringe areas, thereby identifying the one-hundred-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 § 22-827, Subsection 3E, Floodway Area Regulations, and that encroachments into the flood fringe areas, as allowed in § 22-827, Subsection 3E, Flood Fringe Area Regulations, will not increase the depth of the one-hundred-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 § 22-827, 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 insecticides, fungicides and rodenticides).
(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 one-hundred-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 one-hundred-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 flood waters.
(b) 
Sanitary sewer facilities and systems shall be designed to prevent the discharge of untreated sewage into flood waters.
(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 one-hundred-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 § 22-827, Subsection 3G, Development Which May Endanger Human Life, shall be stored at or above the regulatory flood elevation and/or floodproofed 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 flood water.
(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 one-hundred-year flood.
(c) 
If available, information concerning flood depths, pressures, velocities, impact and uplift forces and other factors associated with a one-hundred-year flood.
(d) 
Detailed information concerning any proposed floodproofing 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 one-hundred-year flood elevation.
(2) 
No variance shall be granted from any of the requirements pertaining to § 22-827, Subsection G, Development Which May Endanger Human Life, or Subsection 3L, Prohibited Activities.
(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.
(5) 
Whenever a variance is granted, the Zoning Hearing Board shall notify the applicant in writing that:
(a) 
The granting of the variance may result in increased premium rates for flood insurance.
(b) 
Construction below the one-hundred-year flood elevation increases the risk to life and property.
(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 one-hundred-year flood. Designs shall be approved by the Township and/or any other applicable agencies.
N. 
Definitions. For the purposes of this section, the following definitions shall apply:
DEVELOPMENT
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.
HISTORIC STRUCTURE
Any structure that is:
(a)
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.
(b)
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.
(c)
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.
(d)
Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either:
1)
By an approved state program as determined by the Secretary of the Interior.
2)
Directly by the Secretary of the Interior in states without approved programs.
LOWEST FLOOR
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.
NEW CONSTRUCTION
For floodplain management purposes, new construction means 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.
RECREATION VEHICLE
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.
START OF CONSTRUCTION
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 fora 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.
SUBSTANTIAL DAMAGE
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.
SUBSTANTIAL IMPROVEMENT
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:
(a)
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.
(b)
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; and by Ord. 09-03, 6/22/2009, § 4]
1. 
General Requirements. Performance standards developments and mobile home parks shall meet the open space requirements of this chapter. 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.
A. 
The public recreation area requirement for the TC-Town Center and TN-Traditional Neighborhood Districts may, at the discretion of the Board of Supervisors, be included within the open space/recreation area and count toward the minimum open space requirement.
2. 
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 weed-infested. Maintenance may be minimal, but shall prevent the proliferation of weeds and other undesirable 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, shuffle board, 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.
E. 
Stormwater Management. None of the required open space may be used for stormwater detention or retention basins.
3. 
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.
4. 
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.
5. 
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; and by Ord. No. 18-01, 4/5/2018]
1. 
Buffer yards serve to soften the outline of buildings, to screen glare and noise and to create a visual and/or physical barrier between conflicting land uses. Buffer yards are required between uses, along existing and proposed streets and against vacant land. The extent of buffering required shall be determined by the type of use proposed and the adjacent uses, streets or vacant land surrounding the proposed development. The impact of the proposed use on adjoining properties is the basis for establishing buffer yard standards. To determine the required buffer yard and planting schedule, a three-step procedure shall be followed:
A. 
Step 1-Site Analysis and Determination of Buffer Yard Class.
(1) 
Section 27-1918, Ultimate Rights-of-Way, shall be utilized to determine road classifications. The Zoning Map[1] shall be used for vacant land. Table 22-8-1[2] and Subsection 1D below specify the buffer yard class for each boundary.
[1]
Editor's Note: The Zoning Map is on file in the Township offices.
[2]
Editor's Note: Table 22-8-1 is included as an attachment to this chapter.
(2) 
The applicant shall match his proposed land use with the corresponding adjacent land use, road classification or zoning classification of vacant land for each property boundary. The letter indicates the buffer yard class.
B. 
Step 2-Selection of the Planting Option for the Buffer Class. After determining the buffer class, the applicant shall select a planting option from Table 22-8-2.[3] For each buffer class, several planting options are available, one of which the applicant shall select to meet the buffer yard requirement for each boundary.
[3]
Editor's Note: Table 22-8-2 is included as an attachment to this chapter.
C. 
Step 3-Selection of Plant Materials from the Plant Materials List.
(1) 
Each planting option may utilize any of the plant materials outlined in Table 22-8-3.[4] Minimum plant size, given either in height or in caliper, is indicated on this table. The Township may permit other planting types if they are noninvasive, appropriate for the specific growing conditions for which they are proposed, are not subject to blight or disease, and are of the same general character and growth habit as those listed in Table 22-8-3.
[4]
Editor's Note: Table 22-8-3 is included as an attachment to this chapter.
(2) 
The applicant shall not be required to provide a buffer yard should existing planting, topography or man-made structures be deemed acceptable for screening purposes by the Township or the Zoning Officer.
(3) 
Caliper measurement of the trunk shall be taken six inches above the ground up to and including four-inch caliper size. If the caliper at six inches above the ground exceeds four inches, the caliper should be measured at 12 inches above the ground.
D. 
Except where a Class C buffer is required, a Class B buffer shall be provided along the side or rear property line where adjoining property or the property across a street is zoned for or in residential use. The Township may permit other planting types or a Class A buffer where the Township determines the Class B planting would not be needed between the properties.
2. 
General Requirements.
A. 
Existing Buffer. All existing noninvasive deciduous and coniferous trees larger than two inches in caliper and/or six feet in height may be considered to contribute to the definition of an existing buffer on the property. If the amount of existing plant material that size or greater equals any of the above planting requirements for reducing buffer yard sizes, the equivalent reduction may be taken without additional plant material being required. In all cases, existing noninvasive plant material of the above caliper and height shall be preserved in any buffer yard except where clearance is required to ensure adequate sight distance. Any removal shall, where feasible, involve relocation rather than clearing.
B. 
Except in the case of performance standard developments, the buffer yard may overlap the required front, side or rear yards and, in case of conflict, the larger yard requirements shall apply.
C. 
All buffer yards shall be maintained and kept clean of all debris, rubbish, and invasive vegetation.
D. 
No structure, paving, manufacturing or processing activity, or parking or storage of materials shall be permitted in the buffer area. Driveways may cross a buffer for access to a lot.
E. 
Buffers and associated vegetation shall be permanently maintained, and any plant material which does not live shall be replaced within one year of plant loss. Land development plans shall require a deed restriction to permanently preserve vegetation and associated buffer areas per this section.
F. 
Planting Design. It is encouraged that plant materials in buffer yards be planted in natural clusters that will give privacy but do not block views or vistas. The exception shall be commercial or industrial uses bordering residential uses. Here a dense, visual screen is required.
G. 
Where open space is required, the buffer yard shall be part of the open space and not part of the lot area assigned to a dwelling unit.
H. 
In order to allow for anticipated plant material growth, new buffer plantings shall not be located within 10 feet of the tract boundary, as measured between the tree or shrub stem and the tract boundary.
3. 
Screening shall be placed between off-street parking areas and land zoned for or in residential use. Such screening shall consist of hedge or hedgerow material as specified in § 22-829, Table 22-8-3, D and E, placed on three-foot centers.
4. 
When a conflict exists between buffer yard requirements and building setback requirements, the buffer area minimum width, may, at the discretion of the Township, be reduced to the minimum yard setback(s) (feet) requirement of each zoning district, subject to the following standards:
A. 
All planting material required for Class A, B and C as detailed in Table 22-8-2, Planting Options, must be provided within the reduced buffer area width.
5. 
When a conflict exists between existing conditions on a property immediately adjoining where new plantings are to be located, the Township may exercise its discretion to allow for a change of the type and location of new plantings to achieve the goals of this Section.
[Ord. 3/29/1990B, § 829; as amended by Ord. 97-7, 10/13/1997, § 830; and by Ord. 17-03, 3/27/2017]
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]
1. 
Where recreation areas are required by Chapter 27, Zoning, or are proposed by the developer, such areas or community facilities shall provide in those portions of sites that are suitable to the needs created by the subdivision or land development for schools, parks, playgrounds, recreation areas or other neighborhood purposes.
2. 
The recreational activities and/or facilities for which the area is intended must be specified on the development plans.
3. 
Recreation areas shall be readily accessible to all development residents, or, in the case of recreation areas dedicated to the Township, shall be easily and safely accessible to the general public. 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 must be taken to ensure that unsafe conditions will be avoided when recreation areas are adjacent to streets or parking lots.
4. 
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. Recreational areas shall have an appropriate area for access and a minimum area of 20,000 square feet.
5. 
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.
6. 
The following may not be located in recreation areas: 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.
7. 
Active recreation areas shall be located in such a location that the use of the facility will not be a nuisance to the residents of nearby dwelling units.
8. 
Dedication to the Township.
A. 
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. 
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 Park and Recreation Board and the Township Planning Commission.
C. 
Such area dedicated to the Township for public use shall be suitable for recreational purposes or open space by reasons of size, shape, location, topography and access.
D. 
If the Board of Supervisors deems it to be in the public interest to accept in dedication land for recreational purposes and 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.
[Ord. 3/29/1990B, § 831]
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 § 22-827, 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.
E. 
Streets.
(1) 
Streets shall be provided on the site where necessary to furnish principal traffic-ways for convenient access to the living units and other important facilities on the property.
(2) 
Streets shall conform to the design requirements and specifications of this chapter.
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.
G. 
Parking Areas.
(1) 
Paved parking areas shall be provided to meet the needs of the residents and their guests without interference with normal street traffic.
(2) 
Parking areas shall conform to the standards and requirements of this chapter and Chapter 27, Zoning.
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]
1. 
Additional width of streets adjacent to areas proposed for nonresidential use may be required as deemed necessary by the Board of Supervisors to assure the free flow of through-traffic 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. The applicant may also be required to screen the loading area when deemed necessary by the Township.
4. 
Dead-end streets, cul-de-sac streets and eyebrows are prohibited except at the discretion of the Board of Supervisors. If they are permitted they shall be terminated with a paved turn-around consistent with this chapter.
5. 
Adjacent residential areas shall be protected from potential nuisance of the proposed nonresidential developments. Buffer yards shall be provided as prescribed in this chapter.
6. 
Streets carrying nonresidential traffic shall not be extended to the boundaries of the adjacent existing or potential residential areas, nor connected to streets intended for predominantly residential traffic.
7. 
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.
8. 
All area, design and parking requirements shall conform to Chapter 27, Zoning, and this chapter.
9. 
Refuse Collection for Nonresidential Developments.
A. 
Outdoor collection stations shall be provided for garbage and trash removal when indoor collection is not provided.
B. 
Collection stations shall be located to avoid being offensive and shall be screened from view and landscaped.
C. 
Collection stations shall not be located in buffer yards.
[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; and by Ord. 07-02, 3/26/2007, § 6]
1. 
Bikeway Definitions.
BICYCLE LANES
Paved bikeways located adjacent to the paved surface of a roadway, street or highway or on the shoulder of a roadway, street or highway and are delineated by signs or markings. The cartway is widened or wide enough to provide a travel lane for bicycle use. The bicycle lane may or may not be separated from the motor vehicle travel lane by a barrier.
022f Bicycle Lane.tif
BICYCLE PATHS
Bikeways laid out on private property, public right-of-way or open space and recreational areas.
022g Bicycle Path.tif
BICYCLE ROUTES
Bikeways located in the area of a public roadway, street or highway which is specifically designated and marked by appropriate directional and informational signs. The travel lane(s) of the cartway is shared by bicycles and motor vehicles.
022h Bicycle Route.tif
2. 
Bikeway Requirements. All subdivisions and land developments shall be required to establish bike paths, bike lanes and bike routes unless waived by the Board of Supervisors. In lieu of establishing bike paths, bike lanes and bike routes, 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:
A. 
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.
B. 
For a subdivision or land development involving nonresidential lots, $1,200 for every 1,000 square feet of nonresidential building area.
C. 
All fees paid in lieu of bike paths, bike lanes and bike routes shall be used on or for:
(1) 
The acquisition of land for bike paths, bike lanes or bike routes, 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.
(2) 
The construction of improvements on such land.
(3) 
Costs incidental to such purposes including, but not limited to, planning, engineering, design, administrative and legal fees, access, signage, 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 bike path, bike lane, bike route, multipurpose path or greenway trail 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 within 45 days of the date of receipt.
3. 
Construction Standards. All bike paths, bike lanes and bike routes shall be constructed or installed in accordance with the following standards:
A. 
Bike Paths.
(1) 
The near edge of the path shall not be less than four feet from the face of the curb along any street. Where this setback cannot be accomplished, a suitable physical barrier shall be provided.
(2) 
The width of the path shall be eight feet. The Board of Supervisors may permit variations in this width and may permit the installation of bicycle paths in lieu of sidewalks.
(3) 
Bicycle paths shall as near as possible follow the contour lines of the particular area where the paths are to be installed.
(4) 
Curb ramps, the same width as the bike path, shall be installed to permit the crossing of intersecting streets. Curb ramps shall have a maximum slope of six to one with sides having maximum slope of two to one.
(5) 
The vertical clearance from the bicycle path surface to overhead obstruction shall be not less than 10 feet.
(6) 
The bicycle 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 bike path is integrated with a sidewalk system, concrete may be substituted, in accordance with the chapter titled "Pedestrian Facilities" of the PennDOT Design Manual, Part 2, or any amendments thereto.
(7) 
All bike paths shall be constructed in such a manner to insure adequate and proper drainage and to prevent the bike path from being inundated by surface drainage.
(8) 
The entire design and construction of the bike paths shall be in accordance with good engineering practice and shall be subject to the approval of the Township Engineer and PennDOT Publication 408.
(9) 
To ensure adequate sight distance, the minimum center line radii for horizontal curves shall be 65 feet.
(10) 
Curves shall not produce excessive flatness in grade. There shall be no dips, cross-gutters, bumps or humps in the surfacing.
(11) 
The minimum stopping sight distance shall be 150 feet.
(12) 
Grades shall not exceed 5%, except that steeper grades may be permitted for short lengths not exceeding 200 feet in length, where natural contours provide conditions for minimal grading at steeper grade.
(13) 
Inlet grates for stormwater systems shall be designed to accommodate bicycle tires.
B. 
Bike Lanes.
(1) 
A bike lane shall not be installed on roads, streets or highways which have a posted speed in excess of 45 miles per hour.
(2) 
The minimum width of the bike lane where no curb is present shall be four feet for one-way bike traffic. When the bike lane is adjacent to a curb or on streets with parking, the minimum width shall be five feet.
(3) 
Bicycle lanes shall be marked with rumble strips or with bright painted stripes. Either method of marking shall be placed at least four feet from the outer edge of the pavement and be six inches wide.
(4) 
Bicycle lanes on state roads shall conform to regulations of the Pennsylvania Department of Transportation.
(5) 
Where a roadway, street or highway is widened to include a bicycle lane, the added pavement area shall be installed in accordance with the street construction requirements of the Township.
C. 
Bicycle Routes.
(1) 
A bicycle route shall not be installed on roads, streets or highways where the posted speed limit is in excess of 25 miles per hour.
(2) 
Where a bicycle route is designated by the Board of Supervisors, the roadway, street or highway shall be painted with symbols or posted with signs designating the bicycle route.
D. 
Bikeway Fencing. All multi-use and bikeways shall provide the following style of fencing along the length of the proposed trail, where specified by the Township. (The multi-use and bikeway trail fence detail is attached hereto incorporated herein, marked as Exhibit "A.")
022i Bikeway Exhibit A.tif
4. 
Signs and Markings. All signs and markings required pursuant to the terms of this chapter shall conform to the standards set in the Manual on Uniform Traffic Control Devices for Streets and Highways, 1988 (MUTCD), U.S. Government Printing Office, or subsequent amendments, and PennDOT regulations.
[Ord. 3/29/1990B; as added by Ord. 97-4, 8/11/1997; as amended by Ord. 05-06, 8/22/2005, § 1; by Ord. 06-02, 1/30/2006, § 5; by Ord. 06-01, 2/13/2006, § 9; and by Ord. 07-02, 3/26/2007, § 7]
1. 
General Provisions.
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.
C. 
Such public recreation area shall provide adequate open space, and recreation land, facilities in recreational infrastructure in accordance with the standards herein set forth in Subsection 2 accessible to such subdivision or development.
D. 
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.
E. 
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.
F. 
In lieu of land dedicated for recreation purposes, a fee may be paid, as hereinafter set forth in § 22-835, Subsection 3.
G. 
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.
2. 
Standards for Land Dedication.
A. 
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 Board and/or adopted by the Board of Supervisors of New Hanover Township.
B. 
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 Board 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.
C. 
Consideration shall be given to preserving natural features, including rocks and rock outcrops, large trees and tree stands, watercourses, margin areas, historic structures and areas and other community assets that would enhance the value and aesthetic qualities of the development.
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 road frontage or, subject to the sole discretion of the Board of Supervisors, suitable access, ingress and egress from a public roadway for maintenance purposes.
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. 
No more than 25% of the land shall have a slope in excess of 7%.
I. 
No more than 25% of the land shall be within floodplain, hydric soil overlay or wetland areas.
J. 
The land shall be accessible to all necessary utilities.
K. 
The land shall be designed and developed for its intended open space, park or recreation use in accordance with the recommendations for such as contained in the National Recreation and Park Association's Recreation Park and Open Space Standards and Guidelines, 1983, as amended.
L. 
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 Board of Supervisors and the Township Park and Recreation Board 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.
M. 
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.
N. 
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.
O. 
Except for rights-of-way or easements as hereinbefore provided in Subsection 2L and 2M 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.
P. 
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.
3. 
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, facilities, open space and trails or bikeways 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.
4. 
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.
5. 
Decision of Land Dedication vs. Fees in Lieu of Land Dedication.
A. 
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.
B. 
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; as added by Ord. 06-02, 1/30/2006, § 6]
1. 
Specific requirements of the TC District apply to those tracts within the Town Center Zoning District, as shown on the Zoning Map and TC Zoning District Inset of New Hanover Township.
A. 
Plan Review Procedure. The plan review procedure for proposed subdivision and land developments within the TC-Town Center District shall be in accordance with the procedures of this chapter, except that the following shall apply:
(1) 
Prior to the submission and review of sketch plans as provided in this chapter and/or prior to the submission and review of preliminary plans as provided in this chapter, an applicant may elect to meet with the New Hanover Township staff to engage in an informal discussion of proposed development and its relationship to TC requirements. The Township staff may meet with an applicant to informally discuss the proposed development and its relationship to TC requirements prior to formal plan submission, to assist an applicant in understanding the design goals and objectives for the Town Center. This meeting is advisory only and the opinions expressed by New Hanover Township staff during the meeting are not binding. A meeting and the submission of a sketch plan is encouraged, but it is not a mandatory requirement.
B. 
Specific Design Criteria and Guidelines. In addition to the conditions of this chapter and Chapter 27, Zoning, an applicant must demonstrate how the proposed land development conforms to all of the criteria, numbered 1-8, below. The guidelines under each criterion must be used to satisfy the criterion, or the applicant may propose an alternative approach as approved by the Board of Supervisors, that better achieves the intent of the guidelines. Before a development may be approved, the Board of Supervisors must make findings that the proposal satisfies the guidelines. The Planning Commission shall prepare an advisory report to assist the Board of Supervisors.
Criteria
Criterion 1: Compact Development
The site layout is compact, and enables future intensification of development and changes in land use over time.
Guidelines:
A.
If in the central area of the TC-Town Center District, the development achieves a floor area ratio consistent with that provided in Table 27-1105, or a shadow plan (see Figure 22-836.1) is provided that demonstrates how development may be intensified over time for more efficient use of land.
B.
Opportunities for shared parking are utilized in the proposal (see Figure 22-836.2).
C.
The provisions of Part 14, and § 22-823 are met.
D.
The proposal contains an equally good or superior way to achieve the above criterion.
022j Fig 22-836.1.tif
022k Fig 22-836-2.tif
Criterion 2: Mixed Land Use
Where appropriate, land uses are mixed on-site or are mixed in combination with adjacent uses (existing or planned); the combining of land uses should promote easy access among stores and services by pedestrians.
Guidelines:
A.
The proposal is a "mixed-use" development or contributes to a mixed-use district. For the purposes of this part, "mixed-use" means a combination of residential and commercial/industrial/civic uses, arranged vertically (in multiple stories of buildings) or horizontally (adjacent to one another); or
B.
The proposal is designed in such a way that it is well integrated with adjacent land uses. "Integrated" means that uses are within a comfortable walking distance (1/4 mile) and are connected to each other with direct, convenient and attractive sidewalks and/or pathways (see Figures 22-836.3 thru 22-836.7); or
C.
The existing and planned land uses on, or in the vicinity of, the site make it impracticable to meet Guideline A or B; or
D.
The proposal contains and equally good or superior way to achieve the above criterion.
022l Fig 22-836.3.tif
Criterion 3: Pedestrian Access, Safety and Comfort
All portions of the development are accessible by a direct, convenient, attractive, safe, and comfortable system of pedestrian facilities, and the development provides appropriate pedestrian amenities. The design of buildings supports a safe and attractive pedestrian environment.
Guidelines:
A.
In the TC-Town Center District, every building shall have a primary entrance fronting on a street; and
B.
Building entrances in the TC-Town Center District open directly to the outside; every building has at least one entrance that does not require passage through a parking lot or garage to gain access; corner buildings have corner entrances whenever possible; and
C.
If in the TC-Town Center District, at least 60% of the building's front facade (measured horizontally in linear feet is located within 10 feet of the front property line; and windows or window displays are provided along at least 60% of the building's facade; and
D.
In any zone, pedestrian facilities as defined in Criterion 4(D) connect the development to adjacent land uses and provide connections through the development to the public street right-of-way; and
E.
Sidewalks and/or plazas are provided with weather protection (e.g., awnings/canopies), and a street furnishing zone on both sides of every public and private street. Appropriate pedestrian amenities (e.g., street tree well cut-outs, and space for outdoor seating, bus waiting areas, benches, trash cans, newspaper vending machines, mail boxes, sidewalk displays, public art, etc.), are provided in the street furnishing zone (see Figure 22-836.5); and
F.
Parking and vehicle drives are located away from building entrances, and not between a building entrance and the street, except as may be allowed when a direct pedestrian connection is provided from the sidewalk to the building entrance, consistent with Criterion 4(D), below (see Figure 22-836.4); and
G.
Surface parking shall be oriented behind or to the side of a building when possible; parking shall be accessed from an alley when possible (see Figures 22-836.6 and 22-836.7), and parking shall not be located on a street corners if the TC-Town Center District; and
H.
Landscape buffering shall be provided between parking lots and all adjacent sidewalks, as required by Table 27-1105.3.A of Chapter 27, Zoning, for developments in the TC-Town Center; and/or
I.
The proposal contains an equally good or superior way to achieve the above criterion.
022m Fig 22-836.4.tif
022n Fig 22-836-5.tif
022o Fig 22-836-6.tif
022p Fig 22-836.7.tif
Criterion 4: Street Connections
The development is part of a connected street system that serves vehicles, pedestrians and bicycles.
Guidelines:
A. Public or private streets connect the development to adjacent neighborhoods and zoning districts; and
B. Public streets are preferred over private streets to accommodate through traffic; and
C. The proposal implements all planned street connections, as designated by the Township's Comprehensive Plan; and
D. When street connection(s) are not practicable, pedestrian connection(s), as conceptually shown in the accompanying graphic (Figure 22-836.8), are made to and through the development in lieu of planned street connection(s). Pedestrian connections should equal what would be available if they were on a street (i.e., distinct from vehicle lane, minimum clear space, Americans with Disabilities Act accessible, direct rate with minimum interruption, shade by day and light by night, connects to a destination that attracts pedestrian activity (front door of commercial use, public plaza/park, residence, transit stop, true street, etc.); ; and/or
E. The proposal contains an equally good or superior way to achieve the above criterion.
022q Fig 22-836.8.tif
Criterion 5: Crime Prevention and Security.
The site design, buildings, signs, landscaping, parking, and other elements provide a safe environment for customers, employees, occupants, and adjacent properties.
Guidelines: Crime prevention shall be considered in the site design through application of all of the following guidelines:
A.
Territoriality. All proposed building entrance, parking areas, pathways and other elements are defined with appropriate features that express ownership (see Figure 22-836.9). Generally, people protect and maintain territory that they feel is their own and have a certain respect for the territory of others.) For example, landscaping, fences, pavement treatments, art and signs are some physical ways to express ownership through design. Such features should not conflict with the need for natural surveillance, as described in Guidelines B; and
B.
Natural Surveillance. The proposed site layout, building and landscape design promote natural surveillance. Physical features and activities should be oriented and designed in ways that maximize the ability to see throughout the site. For example, window placement, the use of front porches or stoops, use of low or see-through walls, and appropriate use of landscaping and lighting can promote natural surveillance. Sight-obscuring shrubs and walls should be avoided, except as necessary for buffering between commercial uses and lower density residential districts, and then shall be minimized; and
C.
Activity Support. The proposed site layout and building design encourage legitimate activity in public spaces. For example, locating outdoor seating in areas that are visible from inside a restaurant helps to discourage crime and supports the activity of dining; and
D.
Access Control. By properly siting and designing entrances and exits (i.e., in clear view from the store), and through the appropriate use of lighting, signs and/or other features, the proposed plan controls access in ways that discourage crime; and/or
E.
The proposal contains an equally good or superior way to achieve the above criterion and guideline(s).
022r Fig 22-836.9.tif
Criterion 6: Parking and Land Use Efficiency
All of the following methods are used whenever possible to minimize the amount of land developed as surface parking.
Guidelines:
A.
Shared Parking. "Shared parking" means that multiple uses share one or more parking facilities. Parking demands must "peak" during different times of the day. Shared parking shall be formalized in agreements between landowners and tenants and submitted, approved and recorded with the Township. Each nonresidential and mixed use lot shall provide easements for its parking areas and access driveways guaranteeing access and use of all other nonresidential and mixed use lots within the land development tract.
B.
Credit for On-street Parking. The amount of required off-street parking shall be reduced by one off-street parking space for every on-street parking space adjacent to the development. On-street parking shall follow the established configuration of existing on-street parking, subject to Township standards, except that angled parking may be allowed for some streets, as approved by the Township, the configuration of the on-street parking and allowable credit toward off-street parking requirements shall be addressed during site/design review. The Township shall maintain a written record of credits granted per each use.
C.
Reduce or Waive Minimum Off-street Parking Standards. The applicant may request a reduction to or waiver of parking standards based on a parking impact study. The study allows the applicant to propose a reduced parking standard based on estimated peak use, reductions due to easy pedestrian accessibility; availability of transit service, and likelihood of car pool use; and adjacent on-street parking. The parking study is subject to review and approval or modification by the Township.
D.
Maximum Parking Ratio. Surface parking shall not exceed 100% of the minimum parking requirement for the subject land use(s). Exemptions to the standard can be approved through site/design review for developments that provide parking structures, shared parking, valet parking spaces, or similarly managed parking facilities to achieve a reduction of impervious land coverage in relation to the standard requirement provided solely as surface parking.
E.
Structured Parking Incentive. A density or floor area bonus of one building story shall be granted for every story of structured parking provided in a building, subject to building height limitations for the zoning district.
F.
Valet Parking. Valet parking is permitted where a valet parking plan is approved by the Township with the site/design review application. Valet parking allows stacking of smaller parking spaces with less space devoted to drive aisles.
G.
The proposal contains an equally good or superior way to achieve the above criterion.
Criterion 7: Creating and Protecting Public Spaces.
Any apartment, multifamily, mixed-use, multifamily or nonresidential proposal shall provide usable public space not dedicated for use by an adjacent business, that recognizes and responds appropriately to planned public spaces (e.g., parks, civic buildings and spaces, transit stops, sidewalks, plazas and similar space). These public spaces should be designed according to their use and location and can potentially include grass-covered "picnic" or sitting areas, an impervious "patio" or plaza or a similar type area. Public spaces are "public" when they are within view of a street or other public space, accessible by pedestrians, and can be occupied by people. A development proposal may be required to mitigate impacts to a public space when it is likely to degrade public safety, or the function, comfort, or attractiveness of a public space.
Guidelines.
A.
The development shall provide at least 20 square feet of public space for every 1,000 square feet of floor space. This open space shall count toward the zoning district open space requirements.
B.
The development does not diminish the safety, function, comfort or attraction of an existing public space, as described in Subsection B1 through 4, below. A superior design may enhance an existing public space and/or create a superior public space(s).
1.
Safety. Both pedestrian safety near vehicles, and safety related to crime prevention (see Criterion No. 5); and
2.
The "function" of a public space may include transportation, in the case of the sidewalk; recreation and socialization, in the case of a plaza or park; and
3.
Comfort. The ability of a public space to reasonably accommodate expected uses; and
4.
Attraction. Relates to the reason people use the public space; and/or
C.
The proposal contains an equally good or superior way to achieve the above criterion.
Criterion 8: Human Scaled Building Design.
Building facades are designed to a human scale, for aesthetic appeal, pedestrian comfort, and compatibility with the design character of the district or neighborhood.
Guidelines:
A.
Develop project architectural character from positive aspects of the natural and cultural landscapes of New Hanover Township and Montgomery County, including traditional building materials and styles to develop a subtle theme of color and structure as an appropriate guide for new development or redevelopment;
B.
Utilize the continuity of the local enduring building sizes and a cadence of form and volume from regional village streetscapes, marketplaces and farm estates to imbibe interest in building facades and obscure the mass of commercial space needed by "anchor uses."
C.
Pattern street-level and upper-level architectural detailing treatments as harmonious counterpoints to adjacent buildings and subtle, positive references to building function.
D.
Select roof forms to complement panoramic views of the development in the surrounding landscape.
E.
Provide a visual rhythm within the streetscape through siting of buildings with varying setbacks, roof styles, and attention to window and door placement; and
F.
Emphasize relationships of buildings to public spaces such as streets, plazas, other open space, and public parking.
G.
The proposal contains an equally good or superior way to achieve the above criterion.
Criterion 9: Drive-Through Facility.
These regulations are intended to provide design standards for developments proposing to utilize a drive-through facility by incorporating the automobile oriented drive-through use into the mixed-use pedestrian oriented land use patter. These regulations shall apply to all Town Center District drive-through facility conditional use proposals.
Guidelines:
A.
Drive-through Location. Drive-through windows, lanes and vehicle stacking spaces are required to be located to the side or rear of the principle building or structure. In no case shall a drive-through facility utilize a front yard, or in the case of a corner lot, the two yards consisting of the front yards of a building or structure.
B.
Drive-through Road Access. Drive-through lanes shall access the lowest classification roadway that can safely and adequately serve the potential drive-through traffic.
C.
Walkway/Drive-Through Aisle Conflict Minimization. Pedestrian walkways and handicap access shall not intersect the drive-through drive aisles.
D.
Drive-through Aisle Design. Drive-through aisles shall be designed to allow safe, unimpeded movement of vehicles at street access points and within the travel aisles and parking space areas. The aisles shall meet the width, turning radii, and other requirements of Part 8, "Design Standards," of this chapter. Each entrance to an aisle and the direction of flow shall be clearly designated by signs and/or pavement markings or raised curbs outside the public right-of-way. A minimum of four stacking spaces per drive-through aisle shall be provided.
E.
Off-Street Parking with a Drive-Through Facility. The provision of drive-through facilities shall not justify a reduction in the number of required off-street parking spaces except as permitted by Part 8 of this chapter, Part 19 of Chapter 27, Zoning, and as permitted by the Township Board of Supervisors.
F.
Drive-Through Building Design. Drive-through facilities shall have an architectural style and project design consistent with the main building or group of buildings. The architecture of any drive-through facility shall provide compatibility with surrounding uses in terms of form, materials, color, landscape and scale.
G.
General Screening Requirement. Each drive-through aisle shall be appropriately screened with a combination of decorative walls and landscape to prevent headlight glare and direct visibility of vehicles from adjacent streets and parking lots.
H.
Hours of Operation. Normal hours of operation shall be limited to 7:30 a.m. to 6:30 p.m. The Township's Board of Supervisors may consider other operating hours, allowances or restrictions.
[Ord. 3/29/1990B, § 836; as added by Ord. 06-02, 1/30/2006, § 6]
1. 
Specific requirements of the TN District apply to those lots within the TN-Traditional Neighborhood Zoning District, as shown on the Zoning Map and TC and TN Zoning Districts Inset of New Hanover Township.
A. 
Plan Review Procedure. The plan review procedure for proposed subdivisions and land developments within the TN District shall be in accordance with the procedures of this chapter except that the following shall apply:
(1) 
Prior to the submission and review of sketch plans as provided in this chapter, and/or prior to the submission and review of preliminary plans as provided in this chapter, an applicant may elect to meet with the New Hanover Township staff to engage in an informal discussion of proposed development and its relationship to TN requirements. The Township staff may meet with an applicant to informally discuss the proposed development and its relationship to TN requirements prior to formal plan submission, to assist an applicant in understanding the design goals and objectives for the Traditional Neighborhood. This meeting is advisory only and the opinions expressed by New Hanover Township staff during the meeting are not binding. A meeting and the submission of a sketch plan is encouraged, but it is not a mandatory requirement.
B. 
Specific Design Standards. In addition to the conditions of this chapter, all the land development in the TN District shall comply with the following design standards:
(1) 
Pedestrian Design Standards.
(a) 
Sidewalks are required along all road frontages.
(b) 
Sidewalks are required to connect the road frontage sidewalks to all front building entrances, parking areas, central open space, and any other destination that generates pedestrian traffic.
(c) 
Where culs-de-sac are permitted by the Board of Supervisors, sidewalk connections shall be required to connect the bulb of the cul-de-sac to the nearest through road. These sidewalks shall be located in a right-of-way with a minimum width of 25 feet which is physically defined as a public walkway, and fenced or containing buffering low shrub plantings.
(d) 
Sidewalks shall connect to existing sidewalks on abutting tracts and other nearby pedestrian destination points and transit stops.
(e) 
Where feasible and in conformance with the New Hanover Township Bicycle and Pedestrian Trail Master Plan, sidewalk connections to bicycle paths are encouraged.
(2) 
Building Design Standards.
(a) 
Nonresidential Building Design Standards. All nonresidential buildings shall meet the requirements of § 27-1205 of Chapter 27, Zoning, and the following conditions:
1) 
The maximum building footprint shall not exceed 15,000 square feet.
2) 
Front facades of nonresidential buildings shall be of an architectural style complementary to a residential setting and reflecting the historic character of Montgomery County.
3) 
Blank exterior walls shall not be permitted along any wall facing a street, parking area, or walking area (i.e., public area). Such walls shall have architectural treatments that are consistent with front facades in style, materials, color and details.
4) 
Windows shall comprise a minimum of 40% of the front facade and a maximum of 75% for retail commercial uses, personal service business and restaurants, and comprise a minimum of 25% of other exterior walls.
5) 
For institutional uses, ground floors walls shall contain a minimum of 25% and a maximum of 75% window area.
6) 
Dark tinted glass or reflective glass in windows is prohibited.
7) 
All nonresidential buildings shall have pitched roofs covering at least 80% of the building with a pitch of at least six vertical inches to every 12 horizontal inches. Pitched roofs shall provide overhanging eaves that extend a minimum of one foot beyond the building wall.
8) 
Nonresidential buildings must have a minimum five-foot offset in all facades for every 40 feet of continuous facade. This offset requirement may be met through the use of bay windows, porches, porticos, building extensions, towers and other architectural treatments.
(b) 
Residential Building Design Standards. All residential buildings shall meet the requirements of § 27-1205 and Table 27-1105 of Chapter 27, Zoning, and the following conditions:
1) 
All residential buildings shall have at least one entrance in the front facade.
2) 
All residential buildings shall have pitched roofs covering a minimum of 80% of the building with a pitch of at least six vertical inches to every 12 horizontal inches.
(c) 
Parking Design Standards.
1) 
Garages, parking lots, and/or driveways should not be the dominant aspect of the building design, as seen from the street.
a) 
When residential garage doors face a street, the garage shall comprise no more than 30% of the total area of the front facade elevation of a dwelling unit, measured from ground level to the lower edge of the roof. A garage door facing a street shall not exceed a width of 10 feet. No more than two garage doors facing a street may be located in a group, and such group of garage doors must be separated from any other garage door facing a street by at lest 10 feet.
2) 
Off-street parking for nonresidential, mixed use buildings and residential mixed buildings shall comply with the requirements of § 27-1205 of Chapter 27, Zoning, and § 22-836 of this chapter and the following requirements:
a) 
Off-street unenclosed parking areas shall be located to the side and/or rear of buildings and shall be visually screened from existing and proposed streets by hedges, walls, buffer plantings, or similar site elements.
b) 
Off-street parking areas may not be located between buildings and streets.
c) 
Off-street parking areas on abutting nonresidential and mixed use lots shall be interconnected by access driveways.
d) 
Each nonresidential and mixed use lot shall provide easements for its parking areas and access driveways guaranteeing access and use of all other nonresidential and mixed use lots within the land development tract.
e) 
Garages doors in nonresidential buildings shall not face any existing or proposed street.
f) 
Parking areas serving nonresidential and mixed use buildings shall be set back at least 15 feet from residential lots within the mixed use development and on adjacent properties and at least 15 feet from ultimate rights-of-way.
3) 
Parking requirements for all uses shall comply with the minimum parking requirements of §§ 27-305, 27-1205 of Chapter 27, Zoning, and § 22-836 of this chapter regarding shared parking and reductions of minimum parking requirements.
4) 
Driveway Design Standards.
a) 
For mixed use or mixed residential developments on existing lots of five acres or more, no proposed lot, nonresidential use, or dwelling unit shall take access from an existing collector or existing higher classification road.
b) 
On existing tracts of land less than five acres, existing as of the date of adoption of this section, and on lots created from such tracts of land, each lot shall have not more than one driveway access point per street on which the lot fronts. When feasible, abutting lots must share a common driveway or utilize a rear access lane.
5) 
Off-street loading areas, outdoor storage, and refuse disposal areas shall meet the requirements of Part 8 of this chapter, §§ 27-305, 27-1205 of Chapter 27, Zoning, and § 22-836 of this chapter and the following requirements:
a) 
All loading areas and loading docks shall be located to the sides and rears of buildings. Loading docks shall not be visible from public streets. All loading areas and loading docks shall be set back at least 25 feet from residential property lines.
b) 
Outdoor storage or display of materials shall not be permitted overnight.
c) 
Refuse disposal areas shall be located within buildings or within an opaque screened area that completely hides the trash and is located to the aide or rear of the building. Refuse disposal areas shall not be visible from public streets. All outdoor refuse disposal areas shall be set back at least 25 feet from residential property lines.