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Township of New Hanover, PA
Montgomery County
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Table of Contents
Table of Contents
[Ord. 3/29/1990B, § 900]
1. 
The purpose of this part is to establish and define the public improvements which will be required to be constructed by the applicant as a condition for final plan approval, and, in addition, provide specifications as to how these improvements are to be constructed.
2. 
All construction shall be completed in accordance with the specific conditions of the commitment and the accepted drawings and specifications, and in the manner acceptable to the Board of Supervisors.
[Ord. 3/29/1990B, § 901]
1. 
The improvements included in this part are minimum requirements. However, the Board of Supervisors reserves the right in any case to increase the same if conditions so warrant.
2. 
Where literal compliance with the improvements hereinafter specified is clearly impractical, the Board of Supervisors may modify or adjust the improvements and standards to permit reasonable utilization of property while securing substantial conformance with the objectives of these regulations.
[Ord. 3/29/1990B, § 902]
When changes from the accepted drawings and specifications become necessary during construction, written acceptance by the Board of Supervisors, with the advice of the Township Engineer, shall be secured before the execution of such changes.
[Ord. 3/29/1990B, § 903]
Adequate provisions for the satisfactory maintenance of all streets shall be made by dedication to, and acceptance for maintenance by the Township, or by other acceptable means. During the course of development and prior to dedication, maintenance shall be the responsibility of the developer.
[Ord. 3/29/1990B, § 904; as amended by Ord. 93-3, 2/8/1993, § 51; and by Ord. No. 22-05, 5/5/2022]
1. 
The construction of streets, roads, lanes, driveways and alleys, as shown upon final plans and as contained in contract agreements, shall in every respect conform to such requirements as the Board of Supervisors may by amendment to this chapter require for the construction of streets in the Township. These requirements shall be known as the specifications contained within this part of this chapter, including such changes as the Board of Supervisors may from time to time adopt by amendment. The minimum requirements of all subdivisions, land developments, plans and agreements shall be governed by that amendment in effect at the time of the applicant's preliminary submission.
2. 
All streets shall be graded to:
A. 
The grades shown on the street profiles and cross-section plan submitted and approved with the final plan.
B. 
The full width of the right-of-way.
3. 
Existing unpaved streets on which a subdivision or land development abuts shall be improved by the owner of the subdivision or land development as required by the Board of Supervisors. Improvements to the abutting street shall be determined by the width of the required cartway of the road and shall be designed and constructed in accordance with the specifications outlined in Subsection 4 below.
4. 
Refer to Chapter 21, Streets and Sidewalks, Part 2, Construction Standards, Subpart A, Streets, and/ or PennDOT Publication No. 408.
[Ord. 3/29/1990B, § 905]
The developer shall erect at every street intersection a street sign or street signs having thereon the names of the intersecting streets. At intersections where streets cross, there shall be at least two such street signs and at the intersections where one street ends or joins with another street, there shall be at least one such street sign.
[Ord. 3/29/1990B, § 906; as amended by Ord. 99-3, 6/28/1999, § 25; and by Ord. No. 22-05, 5/5/2022]
1. 
The developer shall install streetlights in accordance with the methods for streetlight installation approved by the Board of Supervisors. The location of streetlights shall be in accordance with a plan approved by the developer and approved by the Board of Supervisors. All streetlights shall be serviced by underground conduit and shall be in conformity with the standards and specifications for streetlighting established by the Board of Supervisors. The installation of new poles may be waived by the Board of Supervisors in such instances as approved by the Board of Supervisors due to the existence of wooden poles already in place.
2. 
Provisions shall be made for energizing said lighting after 50% or more of the dwellings or nonresidential floor area in a given subdivision or land development or section of a subdivision or land development has been occupied. The Township may stipulate as part of the financial security agreement that building permits be withheld in the event that the referenced lighting has not been energized at the time of the referenced occupancy.
3. 
The developer shall be responsible for all charges or rates of the streets lighted until such time that the streets are accepted or condemned as public streets by the Board of Supervisors or are formally conveyed to the homeowners' association, based upon ownership of the street lights.
[Ord. 3/29/1990B, § 907]
1. 
Monuments shall be placed at each change in direction of boundary; two to be placed at each street intersection and one on one side of each street at angle points and at the beginning and end of curves; utility easements shall be monumented at their beginning and at their end and areas to be conveyed for public use shall be fully monumented at their external boundaries.
2. 
Monuments shall be placed in the ground after final grading is completed, at a time specified by the Township Engineer. The monument shall be concrete, the size and length as may be approved by the Township Engineer.
3. 
All monuments shall be checked for accuracy by the Township Engineer or their accuracy certified by the developer's engineer. Accuracy of monument shall be within 0.03 of a foot.
[Ord. 3/29/1990B, § 908; as amended by Ord. No. 22-05, 5/5/2022]
1. 
As specified in § 22-822, sidewalks shall be constructed within the subdivision or land development unless, in the opinion of the Board of Supervisors with the advice of the Planning Commission, they are unnecessary for public safety and convenience.
2. 
Driveway aprons shall be constructed at all private driveways and within residential areas and at all driveway approaches of ingress and egress from abutting industrial or commercial properties. Aprons shall be constructed in accordance with PennDOT Roadway Construction Standards, RC-67M.
[Ord. 3/29/1990B, § 909; as amended by Ord. No. 22-05, 5/5/2022]
1. 
Curbs shall be provided as specified in Part 8 along both sides of all streets, unless in the opinion of the Board of Supervisors, with the advice of the Township Engineer, they are unnecessary. Depressed curbs for the handicapped shall be constructed where indicated by the Township Engineer. Curbs shall be constructed in accordance with PennDOT Roadway Construction Standards, RC-64M.
2. 
Along the existing street on which a subdivision or land development abuts (hereinafter called boundary streets), curbs shall be widened to the existing curb. The location of curbing along a boundary street shall be determined by the width of the existing or ultimate right-of-way of the road as established by the Board of Supervisors and in accordance with those specified in § 22-812 of this chapter.
[Ord. 3/29/1990B, § 910; as amended by Ord. 97-7, 10/13/1997, § 911; and by Ord. No. 22-05, 5/5/2022]
1. 
The owner shall construct stormwater drainage facilities including curbs, catch basins and inlets, storm sewers, swales and stabilized channels, and stormwater management best management practices (BMPs) in order to prevent flooding, erosion, sedimentation and other hazards to life and property. All such facilities are to be of a size and gradient to adequately accommodate the applicable flow rates set forth in Chapter 23, Stormwater Management Ordinance, velocities and volumes as indicated in the required hydrologic report. Facilities size, type and general construction requirements shall follow those standards and specifications of this chapter, Pennsylvania Department of Transportation Form 408 Specifications, as amended; the Soil Conservation Service Engineering Field Manual, Chapters 6, 7, 8, 9, 10, 11, 13, 14, 16 and 17; and Pennsylvania Department of Transportation RC Standards, Nos. RC-30, 31, 32, 33, 34 and RC-70.
2. 
Within all subdivisions in which storm sewer, sanitary sewer, and stormwater conveyance facilities located outside of municipally owned right-of-way are to be constructed or are anticipated for future construction, a twenty -foot wide maintenance easement shall be provided and such easement shown in the subdivision plans which are submitted to the governing municipal authorities for their approval. Existing watercourses under the jurisdiction of the Pennsylvania Department of Environmental Protection, into which stormwater is permitted to be deposited, shall be in accordance with the applicable provisions set forth in Chapter 23, New Hanover Township Stormwater Management Ordinance. However, all storm sewers so placed to feed into the said existing watercourse shall require the stipulated maintenance easement. Sanitary sewers which parallel or are adjacent to such watercourses shall be provided with the stipulated easement. Whenever feasible, the maintenance easement shall be parallel with the conjunctive to property boundary lines of the subdivision or land development.
3. 
All earth-moving activities within the Township shall be conducted in such a way as to prevent accelerated erosion and the resulting sedimentation. To accomplish this, any landowner or developer engaged in earth-moving activities shall develop, implement and maintain erosion and sedimentation control measures which effectively minimize accelerated erosion and sedimentation. These erosion and sedimentation measures shall be set forth in plan as described in this chapter and must be available at all times at the site of the activity. Further, all such earth moving activities are subject to and must be in compliance with the terms and requirements of Chapter 9, Grading and Excavating, Part 1, Soil Erosion, Sedimentation and Grading Control, as amended.
4. 
Measures used to control erosion and reduce sedimentation shall meet the specifications of the Montgomery County Soil and Water Conservation District, Pennsylvania Department of Environmental Protection and the Township Engineer.
[Ord. 3/29/1990B, § 911; as amended by Ord. 98-6, 6/22/1998, § 13; by Ord. 99-3, 6/28/1999, § 26; by Ord. 01-6, 10/22/2001, § 7; and by Ord. 09-03, 6/22/2009, § 5]
1. 
The owner shall construct a water distribution system in such a manner as to provide an adequate water supply to each lot, dwelling unit or occupied structure within the subdivision or land development. The entire system including, but not limited to, the source of supply, containment, treatment facilities, distribution lines, hydrants and meters, if any, shall be designed, constructed, activated and maintained in accordance with the requirements and standards set forth in 25 Pa. Code, Chapter 65, "Water Service," as may be hereafter amended and/or revised, the Public Utility Law, 66 P.S. § 1101 et seq., of the Commonwealth of Pennsylvania, such standard specifications (including, but not limited to, standard pipeline installation, customer service line and meter installation specifications) as may be adopted or hereafter amended by any PUC certificated water company servicing a franchise area in the Township and such rules and regulations as may be adopted by resolution of the Board of Supervisors for the Township of New Hanover. Further, prior to the release to owner of approved final plans, whether subdivision or land development, the owner shall produce and deliver to the Township a copy of the final fully executed contract with the PUC certificated water company providing service to said project, establishing that the nature, extent, location and description of such facilities are the same as those depicted and described on said approved final plan of subdivision and/or land development.
2. 
The system shall be so designed as to provide the necessary capacity and distribution of hydrants for adequate fire protection, in accordance with the requirements of the National Fire Protection Association (NFPA) and the Insurance Services Office (ISO), Grading Schedule for Municipal Fire Protection. In addition, the system shall be reviewed by the local Fire Marshal and shall be subject to his approval.
3. 
The water system shall be looped to provide alternate directions of water flow to facilitate firefighting ability. The water distribution system shall be arranged so that the water supply to a given area cannot be isolated by closure of a single valve or obstruction.
4. 
The developer shall be responsible for all charges or rates for the adequate water supply to each fire hydrant within the subdivision or land development until such time as the streets within said subdivision or land development are accepted or condemned as public streets by the Board of Supervisors.
[Ord. 3/29/1990B, § 912; as amended by Ord. 97-7, 10/13/1997, § 913; and by Ord. 99-3, 6/28/1999, § 27]
1. 
When no public water supply is either available or accessible, adequate water supply shall be furnished by the landowner on either an individual lot basis or a community well supply system. In the case of a community onsite private water supply system, the landowner shall engage the services of a hydrogeologist to make a determination as to the feasibility and location of such ground water withdrawal(s), the availability of ground water supply through geological study, and the submission of his report of findings to the Township for review. The Township shall further determine whether a review and/or approval of the proposed ground water withdrawal(s) will be required by the Delaware River Basin Commission (DRBC) and/or the Pennsylvania Department of Environmental Protection (PaDEP). Well construction shall be by the rotary-percussion method of drilling, and shall be cased and sealed with the latest standards of PaDEP, Bureau of Water Quality Management, Publication 15. A well to serve an individual lot shall be required to have a production of not less than five gallons per minute as established by bailer tests, and as certified by the well driller. Before consumer use, the well shall be disinfected by introducing sodium hypochlorite into the well, and a sample collected and analyzed for bacteriological content by a qualified laboratory. A copy of the results of the bailer test and the bacteriological examination shall be submitted to the Township for review prior to the issuance of building permit(s) in connection with the lot(s) in the subdivision or land development.
2. 
In the case of a major subdivision or land development, the landowner shall be required to obtain a bond in accordance with this chapter which will provide a guarantee of the following obligations:
A. 
Upon obtaining building permits, the landowner shall provide or cause to be provided a fund in an amount equal to $500 per dwelling unit constructed.
B. 
This fund shall continue until exhausted or until seven years after 90% of the dwelling or commercial units in the subdivision or land development have been sold and occupied, whichever is earlier.
C. 
The landowner shall be required to replace the well used as a private water supply of any residence under the following conditions:
(1) 
The well shall have failed or become inadequate in normal residential use, consistent with prior usage, during the time of existence of the fund.
(2) 
Any part of the property served by the well shall be within 1000 feet of any part of the land to be subdivided or developed.
(3) 
The owner of the well to be replaced shall pay $200 towards the replacement well.
(4) 
The replacement of the well shall be subject to Township regulations and the Township Engineer's review and approval.
D. 
The owner shall send notice to the residents of all properties covered by the terms of Subsection 2C(2), above, stating that it is in compliance with the section, that the property is covered by this section, and including a copy of this section.
3. 
A private, community onsite water system shall be looped to provide alternative directions of water flow to facilitate firefighting ability. The water distribution system shall be arranged so that the water supply to a given area cannot be isolated by closure of a single valve or obstruction.
[Ord. 3/29/1990B, § 913; as amended Ord. 97-7, 10/13/1997, § 915; and by Ord. 98-6, 6/22/1998, § 14]
1. 
The owner shall construct a sanitary sewer collection and/or conveyance system in order to provide adequate sanitary sewer service available to each lot or dwelling unit within the subdivision or land development in areas designated for public sewer service under the Township's official sewage facilities plan (Act 537).
2. 
The entire system shall be designed, constructed, activated and maintained in accordance with the specifications, requirements and standards set forth in the "Standard Construction and Material Specifications for Sanitary Sewer Extensions" manual adopted by, and as may be hereafter amended by resolution of the Board of Supervisors of the Township of New Hanover and/or the New Hanover Township Authority.
3. 
The landowner or developer shall follow the Act 537 official sewage facilities plan revision/supplement process established under the PaDEP rules and regulations, 25 Pa. Code, Chapter 71. During the subdivision/land development process, the landowner/developer shall complete and submit to the Township the necessary components of PaDEP planning module for land development.
4. 
The Board of Supervisors will review the proposal(s) and solicit comments from the Township Engineer and the Township Planning Commission. The Supervisors reserve the right to require the implementation of a different alternative if their review shows that it will have long-term environmental or economic savings to the Township.
[Ord. 3/29/1990B, § 914; as amended by Ord. 93-3, 2/8/1993, §§ 52-56; by Ord. 97-7, 10/13/1997, § 915; and by Ord. 07-02, 3/26/2007, § 8]
1. 
If public sewer facilities are neither available nor accessible, the developer or landowner shall provide a sewage disposal system on either an individual or community basis in accordance with rules, regulations, terms and conditions, of 25 Pa. Code, Chapter 73, "Standards for Sewage Disposal Facilities," Department of Environmental Protection, Adopted January, 1983, and any amendments thereafter. In addition, a developer or landowner shall also provide a backup location for any individual sewage disposal system contemplated under this section.
2. 
All onsite tests required for the sewage system by the PaDEP rules and regulations shall be observed and certified by the County Health Department. Before covering and backfilling, all onsite facilities must be inspected by the County Health Department and must be so installed that they can be approved as complying with the approved engineering drawings. A copy of such approval by the County Health Department shall be tendered to the Township. Two copies of an "as-built" drawing of onsite facilities shall be provided to the Township showing the location, sizes and capacities of all pipes, tanks, clean outs, vents and tile fields.
3. 
The landowner or developer shall follow the Act 537 official sewage facilities plan revision/supplement process established under the PaDEP rules and regulations, 25 Pa. Code, Chapter 71. During the subdivision or land development process, the landowner or developer shall complete and submit to the Township the necessary components of PaDEP planning module for land development.
4. 
The Board of Supervisors will review the proposal(s) and solicit comments from the Township Engineer and the Township Planning Commission. The Supervisors reserve the right to require the implementation of a different alternative if their review shows that it will have long-term environmental or economic savings to the Township.
5. 
Soil Percolation Test Requirements.
A. 
Soil percolation tests shall be performed for all proposed onsite sewage systems.
B. 
The results of the soil percolation tests shall be analyzed by the County Health Department and the Pennsylvania Department of Environmental Protection, if necessary, and the final plan layout shall be based on this analysis. If the analysis of the soil percolation test results reveals that this soil is unsuitable for the intended use, the area shall not be used for an onsite sewage system.
C. 
The County Health Department's report to the Board of Supervisors shall identify the type of system to be used on each lot.
6. 
Each proposed lot designated under the Township's official sewage facilities plan for on-lot sewage systems shall qualify for an on-lot system before final subdivision or land development plans are approved.
[Ord. 3/29/1990B, § 915]
If, at the time of final approval, public sanitary sewer facilities are not available to the subdivision or land development, but will become available within a period of five years or a period determined by the Board of Supervisors from the date of recording, the developer shall install or cause to be installed, at his expense, sanitary sewer collectors and sewer laterals to the street line in accordance with the requirements and standards of the Township Authority and shall cap all laterals. Review and approval by the Authority shall be required.
[Ord. 3/29/1990B, § 916]
1. 
The owner shall cause natural gas, electric power and telephone facilities to be installed in such a manner as to make adequate service available to each lot or dwelling unit in the subdivision or land development.
2. 
All public utilities required to service subdivisions and land developments shall be placed underground except for those exceptions necessary to permit the overall installation of the utilities.
3. 
Wherever practicable, all utilities shall be located within the street right-of-way; otherwise, easements or rights-of-way of sufficient width for installation and maintenance shall be provided.
4. 
Final plans shall show locations of all utilities and shall be coordinated with the required street tree planting drawings.
[Ord. 3/29/1990B, § 917]
Grading and seeding shall conform in all respects to the final plan and the requirements, standards and specifications of this chapter.
[Ord. 3/29/1990B, § 918; as amended by Ord. 09-02, 6/22/2009, § 1]
1. 
Street trees and other required plant material shall not be planted until the finished grading of the subdivision or land development has been completed.
2. 
No tree shall be planted closer than 10 feet from a water or sewer utility, measured horizontally from center of tree to nearest edge of utility.
[Ord. 3/29/1990B, § 919]
Drawings showing the drainage, size, shape and geometric design of the proposed areas to be provided as off-street parking areas or off-street loading areas shall be approved by the Township and shall govern the limits of construction as herein specified.
[Ord. 3/29/1990B, § 920; as amended by Ord. 93-3, 2/8/1993, § 57]
1. 
The tree protection area shall be 15 feet from the trunk of the tree to be retained or the distance from the trunk to the drip line, whichever is greater. Where there is a group of trees or woodlands, the tree protection area shall be the aggregate of the protection areas for the individual trees.
2. 
The preliminary plan shall show the location of all trees to be saved, including their trunk and drip line locations. Where groups of trees are to be saved, only the locations of the trees and their trunks and driplines on the perimeter must be shown.
3. 
Protection Standards.
A. 
Grade changes and excavations shall not encroach upon the tree protection area.
B. 
No toxic materials shall be stored within 100 feet of a tree protection zone, including petroleum based and/or derived products.
C. 
The tree protection area shall not be built upon, nor shall any materials be stored there either temporarily or permanently. Vehicles and equipment shall not be parked in the tree protection area.
D. 
When tree stumps are located within 10 feet of the tree protection area, 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 back hoe or similar equipment aligned radially to the tree. This method reduces the lateral movement of the roots during excavation, which if done by other methods could damage the intertwined roots of adjacent trees.
F. 
Within four hours of any severance of 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 them from drying out until permanent cover can be installed.
G. 
Sediment, retention and detention basins shall not discharge into the tree protection area.
H. 
Sediment, retention and detention basins shall not be located within the tree protection area.
I. 
Prior to construction, all trees scheduled to remain shall be marked; where groups of trees exist, only the trees on the edge need to be marked.
J. 
A forty-eight-inch high wooden snow fence mounted on steel posts, located eight feet on center, shall be placed along the boundary of the tree protection area.
K. 
When the wooden snow fence has been installed, it shall be inspected and approved by the Engineer prior to commencing clearing and further construction, the fencing along the tree protection area shall be maintained until all work/construction has been completed; any damage to the protective fencing shall be replaced and repaired before further construction shall begin.
L. 
Trees being removed shall not be felled, pushed or pulled into a tree protection area or into trees that are to be retained.
4. 
Retaining Walls.
A. 
Where the original grade cannot be retained at the tree protection area line, a retaining wall shall be constructed outside of the tree protection zone.
B. 
The retaining wall shall be designed to comply with the Township standards for retaining walls.
C. 
In addition, the following methods shall be used to ensure survival of the tree:
(1) 
The top of the wall shall be four inches above the finished grade line.
(2) 
The wall shall be constructed of large stones, brick, building tile, concrete blocks or treated wood beams not less than six inches by six inches; a means for drainage through the wall shall be provided so water will not accumulate on either side of the wall; weep holes shall be required with any wall.
(3) 
Any severed roots as a result of excavation shall be trimmed so that their edges are smooth and are cut back to a lateral root if exposed.
(4) 
A layer of clean stone, sized 3/4 inch to one inch, shall be placed one foot out from the wall to aid in drainage.
5. 
Trenching and Tunnelling.
A. 
If there is no alternative but to locate a utility line used instead of trenching, except where, in the opinion of the Engineer, survival of the tree would not be affected by either method. The Engineer shall determine the most desirable location for the utility line.
B. 
Trenches shall be filled as soon as possible, and tamped lightly to avoid air spaces.
[Ord. 3/29/1990B; as added by Ord. 03-1, 9/28/2003, § 7; as amended by Ord. No. 22-05, 5/5/2022]
1. 
Fire hydrants shall be installed at a distance of 800 feet separation distance between two hydrants and shall be located at property lines or near intersection corners.
2. 
Fire hydrants shall not be located in or at the cul-de-sac.
3. 
The specific quantity and location of fire hydrants shall be determined by the Township Engineer, Township Fire Marshall and/or other authorized fire department representative based upon the configuration of the site, buildings, exposures, construction, occupancy and/or specific hazards.
4. 
In the event a private fire hydrant is proposed, private fire hydrants shall be provided by the building owner in such a manner that all fire department connections and/or stand pipe connections shall be within 100 feet when other fire hydrant locations are not within 100 feet.
5. 
Fire hydrants shall be located so that the barrel of the fire hydrant shall be no further than five feet from any curb or edge of roadway.
6. 
Curbing along the front of any fire hydrant shall be painted yellow for a distance of 30 feet, 15 feet on either side of the center of the hydrant barrel. The top and front face of the curb shall be painted in such manner to completely cover the area.
7. 
All fire hydrants shall be installed in accordance with the local water utility requirements, American Waterworks Association Standards and all applicable National Fire Protection Association Standards.
8. 
Final acceptance of a fire hydrant will be based on inspections of the completed installation by the Township Engineer, Township Fire Marshall and/or other authorized fire department representative.
9. 
All fire hydrants shall be outfitted with a five-inch storz connection on the barrel connector with a cap on the tow and half inch side ports; they shall have National Standard Threads with caps. The fire hydrant shall have some type of pole attached to each hydrant for the purpose of locating the hydrant during snow events and other obstructions that may occur.