[Amended 6-9-2022 by Ord. No. 232]
The standards, regulations and requirements contained in this
article are intended as a minimum for the preservation of the environment,
the promotion of the public health, safety and general welfare, and
the consistency with the Middle Smithfield Township Comprehensive
Plan and shall be applied as such by the Planning Commission and the
Board of Supervisors in reviewing and evaluating plans for all proposed
subdivisions and/or land developments.
See § 170-182.
Land subject to flooding and land deemed to be uninhabitable
for reasons other than flooding shall not be plotted for residential
occupancy or commercial/industrial use, nor for such other uses as
may increase danger to health, life or property or aggravate the flood
or other deemed hazard.
A.
Flood hazard areas. Land within a subdivision/land development subject
to flooding shall be plotted as follows:
B.
Hazardous areas.
(1)
Land subject to hazardous conditions such as open quarries, existing
or prior waste disposal landfill areas, unconsolidated fill, floods,
excessive erosion, precipices and water supply which does not meet
the adequacy requirements of the DEP and other environmental standards
shall not be subdivided or developed until the hazards have been eliminated
or overcome by the subdivision/land development design and proposed
construction.
(2)
The Board of Supervisors shall have the authority to require that
an applicant adequately investigate suspected hazards on the site
and provide evidence that the hazards will be sufficiently remediated
for its intended use and in a manner that minimizes hazards to adjacent
properties, prior to receipt of final approval under this chapter.
The Supervisors may deny an application to develop a hazardous area
if the applicant has not provided sufficient evidence that a hazard
will be properly mitigated.
[Amended 6-9-2022 by Ord. No. 232]
Land to be subdivided or developed shall be suited to the type
of subdivision/land development which is proposed.
A.
Residential subdivisions and land developments. All land proposed
for residential subdivisions and land developments shall be subject
to at least the following requirements:
(1)
Residential areas. Each lot or area plotted for residential use shall
provide, inside the required setback yards, an area containing not
less than 2,000 square feet for each dwelling unit, except a smaller
area may be allowed for townhouses.
(a)
Such areas shall have slopes less than 25% or shall be proven
capable of being graded to the slope, with a width of not less than
40 feet and a configuration suitable for a residential dwelling.
(b)
At least one such area shall be accessible from the existing or proposed street by means of an individual driveway or a private access street conforming to § 170-65 having a maximum grade of 25%, unless the required suitable parking (two spaces, nine feet by 18 feet each) is available and accessible within the lot lines or in a common parking area within 300 feet of the lot. The Planning Commission may require that a driveway plan and profile be submitted to prove the required accessibility.
(c)
When the dwelling area is not accessible via an existing natural
maximum grade of 25%, the required parking or a driveway with a maximum
grade of 25% to the building area shall be installed by the subdivider/developer.
(d)
When parking is proposed outside the lot area, the spaces shall
be noted on the plan and shall be constructed by the subdivider/developer.
B.
Industrial and/or commercial subdivisions and land developments.
All such applications shall be subject to the following requirements:
(1)
Industrial/commercial sites. Each lot or area plotted for industrial
and/or commercial use shall provide sufficient space for the proposed
buildings, access roads, parking areas, loading areas and any other
proposed or required facilities plus the required setback yards in
accordance with the Zoning Ordinance.[1]
(a)
Such areas shall be accessible via an existing natural grade
from the existing or proposed street by means of adequate service
drives having a maximum grade of 15%.
(b)
The Township staff or Township Engineer may require that a plan
and profile of each service drive be submitted to prove suitable accessibility
when the natural grade exceeds 15% or where there is a question about
compliance with Township requirements.
A.
The Board of Supervisors shall require the design and development
of all subdivisions and land developments to preserve, insofar as
possible, all natural, scenic and historic features, which will add
attractiveness by providing parks and/or adequate open space for recreation,
thereby creating conditions favorable to the health, safety and general
welfare of the citizens and for the harmonious development of the
Township.
B.
Natural and historical features. Some of these features are natural
terrain and natural drainage, large trees or groves, watercourses
and falls, historic areas and structures, scenic views and landmarks
and other environmental assets.
C.
Maximum disturbance of sloped areas.
(1)
Within a subdivision or land development, the percentage of all land
areas with slopes of greater than 15% and up to 25% that are allowed
to be disturbed is a maximum of 35%. This maximum percentage shall
be increased to 70% for a lot approved for a nonresidential principal
use.
(2)
Within a subdivision or land development, the percentage of all land
areas with slopes of greater than 25% that are allowed to be disturbed
is a maximum of 10%. This maximum percentage shall be increased to
50% for a lot approved for a nonresidential principal use.
(a)
The applicant shall provide evidence on subdivision and land
development plans that the disturbance limitations will be met. This
may include stating the maximum amount of disturbance to be allowed
on each lot, in order to show that the disturbance limit will be met
for the entire subdivision or land development upon completion.
(3)
For the purposes of this § 170-41, "disturbance" refers to any development activity, including construction of buildings/streets/driveways, regrading, cutting of multiple healthy trees with a trunk diameter over six inches measured 3.5 feet above the grade level and related stripping of substantial vegetation. To minimize disturbance and preserve mature trees, the use of retaining walls or the construction of a floor of a building into the slope (such as a walkout basement) for grade changes is encouraged.
(4)
This § 170-41C shall only apply to a new lot that is submitted for preliminary plan approval or joint preliminary/final plan approval after the effective date of this section. This § 170-41C shall not apply to the merger of lots that existed prior to the effective date of this section, provided the lots were part of the same subdivision plan. This § 170-41C shall be based upon slopes that existed as of the effective date of this section, before any grading occurs.
(5)
If contiguous slopes greater than 25% make up less than 10 feet of total rise in elevation (five two-foot contour intervals), then the requirements of this § 170-41C shall not apply. This exemption shall be based upon the contour intervals within the entire subdivision or land development, not each proposed lot.
(7)
Within areas of proposed disturbance, the percentage of slope shall
be determined using two-foot contours.
(8)
See also provisions of the Zoning Ordinance that modify the density
of a development based upon the natural features of a tract.
D.
Compliance with minimum lot area and maximum density based upon environmental
features. The provisions of the Zoning Ordinance, as amended, shall
apply.
E.
Wetland setback. No buildings, vehicle parking, driveways or business
outdoor storage shall be located within 50 feet from the edge of a
wetland. This setback shall only be required from a wetland that covers
a contiguous land area of over two acres.
(1)
Applicants are encouraged, but not required, to provide a vegetated
buffer of 100 feet around wetlands. On wetlands of two acres or less,
applicants are encouraged to provide a vegetated buffer of at least
20 feet, with temporary fencing or tape to avoid intrusions by construction
equipment.
All proposed subdivisions/land developments shall be served
by an adequate water supply and sewage disposal system, either public
or private central or on-lot systems acceptable to the DEP, and shall
be subject to at least the following requirements:
A.
Central water supply systems. All central water supply and distribution
systems shall be designed and developed in accordance with Appendix
A.[1]
[1]
Editor's Note: Appendix A is included as an attachment to this chapter.
B.
Central sewage disposal systems. All central sewage collection and
disposal systems shall be designed and developed in accordance with
Appendix B.[2]
[2]
Editor's Note: Appendix B is included as an attachment to this chapter.
C.
On-lot sewage disposal systems.
(1)
All on-lot sewage disposal systems shall be designed and constructed
in complete accordance with standards set forth by the DEP.
(2)
DEP land planning modules. Appropriate DEP land planning modules
with soil investigative reports shall be submitted. The land planning
module must be found adequate and be endorsed by the Sewage Enforcement
Officer.
(3)
Replacement on-lot sewage disposal systems. The location of soil
probe tests and proof of satisfactory soils testing, in accordance
with Pennsylvania regulations, shall be set forth for each lot on
the plot plan, including an area for a replacement absorption area
on each lot. The developer shall set forth metes-and-bounds descriptions
for all primary and replacement absorption areas on each lot, and
deed covenants restricting the said primary and replacement areas
for such uses shall be required. Such replacement area shall be kept
open, unpaved and uncompacted.
D.
On-lot well location. The developer shall designate an area for the
location of a well on each lot, including setting forth a metes-and-bounds
description for the proposed well location area, and a deed covenant
restricting the location of the said well area for such use shall
be required.
All proposed subdivisions/land developments shall comply with
the Township Stormwater Management Ordinance[1] and the following:
A.
Plan approval. The proposed stormwater management system must be
approved by the Township Engineer prior to the unconditional approval
of a preliminary subdivision plan.
B.
Additional requirements. Additional and specific stormwater management
requirements are as follows:
(1)
Natural drainage. Natural drainage courses shall be maintained wherever
possible.
(2)
Drainage easements.
(a)
Drainage easements as required may be incorporated into lots
or established separately and shown on the subdivision/land development
plan.
(b)
When easements are not incorporated into lots but are established
separately, future ownership and maintenance responsibility shall
be stated on the plan.
(3)
Existing drainage facilities. No stormwater or natural drainage shall
be so diverted or increased as to overload existing drainage systems
or to create flooding or the need for additional drainage structures
on other private properties or public lands, without complete approval
by all affected parties of the provisions proposed by the subdivider/developer
for handling such conditions.
Easements shall be provided as follows:
A.
Slope easements. Slope easements shall be provided adjacent to street
right-of-way lines and shall have a minimum width of 20 feet or additional
width as may be required. (Said easements shall be noted in the restrictive
covenants and shown on the plan with the appropriate dimensions.)
B.
Drainage easements. Drainage easements a minimum of 20 feet in width
or of a width as required by the stormwater management plan design
shall be established and shown on the subdivision/land development
plans.
C.
Required easements. Where a subdivision/land development is transversed
by a stream or contains wetlands, lakes or ponds, there shall be provided
a drainage easement conforming substantially with the normal water
or boundary line or banks of such stream, wetland, lake or pond and
of such width as will preserve the unimpeded flow of natural drainage
of such stream and help ensure protection of such wetlands, ponds
and lakes, but in no case shall the easements be less than 25 feet
each side of the normal water or boundary line of such stream, wetland,
lake or pond or center line of a small stream (less than 10 feet wide
for a minimum width of 50 feet). (Said easements shall be clearly
shown on the subdivision/land development plan.) Such easements shall
be construed at all times to include the adjacent stream, wetland,
lake or pond.
D.
Access easements. All access easements shall be clearly shown on
the subdivision/land development plan indicating the purpose of the
easement.
E.
Utility easements. Utility easements a minimum of 10 feet in width
shall be provided along all street right-of-way lines and shall be
noted in the restrictive covenants.
The location and width of all streets shall conform to the Township's
Official Plan or to such parts thereof as may have been or will be
adopted by the Township, with classification as follows:
A.
Arterial street.
(1)
Arterial streets collect traffic from collector, minor and local
access streets and also provide direct connections through the Township.
(2)
Access to arterial streets owned and maintained by PennDOT shall
be governed and permitted by the rules and regulations of PennDOT.
(3)
Arterial streets serve an unlimited number of residential lots and/or
dwelling units and/or uses.
B.
Collector street.
(1)
Collector streets gather traffic from minor and local access streets
and feed this traffic to arterial streets.
(2)
Adjacent access. Collector streets carry heavier traffic volumes
than minor streets, although they may also provide direct access to
lands and individual uses located along them.
(3)
Collector streets serve an unlimited number of residential lots and/or
dwelling units and/or uses.
D.
Local access street.
(1)
Local access streets primarily provide access to lands and individual
uses located along them and serve to provide the connecting link between
the beginning or the end point of a trip and the higher categories
of streets.
(2)
Local access streets serve up to an ultimate 125 residential lots
and/or dwelling units and/or uses and are further classified as follows:
All proposed subdivisions and land developments shall have adequate
access to the public highway system.
A.
Access via private streets. Existing private streets providing access
from a public street to proposed subdivisions/land developments shall
have adequate right-of-way widths and be designed and constructed
to provide safe and convenient access to the subdivision/land development.
(2)
Access adequacy. Adequate right-of-way widths and safe and convenient
design and construction requirements shall be construed as those set
forth in Table 3-1 and Table 3-2 of this chapter[1] unless otherwise specified by the Board of Supervisors.
[1]
Editor's Note: Said tables are included as attachments to this chapter.
B.
Access improvements.
(1)
The Board of Supervisors shall, after reviewing the report by the
Township Engineer and/or the Township staff and recommendations of
the Planning Commission, determine the adequacy of such private streets
and may require such improvements as it deems necessary or advisable
to provide safe and convenient access to the proposed subdivision/land
development prior to final plan approval.
(2)
Lot area enlargement. When a subdivision increases the size of an
existing lot or tract of land by an inseparable attachment of additional
area from adjacent lands, the requirement of adequate access shall
not apply.
C.
If the Board of Supervisors determines that a private street will not provide adequate vehicle and emergency access to a proposed subdivision or land development, after considering any improvements proposed by the applicant, that finding shall be sufficient reason for a denial of the application. See also § 170-53.
Proposed street grades shall be adjusted to the existing contours
of the subdivision or land development so as to produce usable lots
and streets.
A.
Where, in the opinion of the Board of Supervisors, it is desirable
and appropriate to provide for street access to adjoining properties,
street stubs shall be extended to the boundary of such properties
as a minor street.
B.
Middle Smithfield Township shall not be required to accept street
stubs as public roads unless both the subdivider/developer and the
Township so desire and then only if the stubs include proper drainage.
The Board of Supervisors shall have the authority to determine whether
the roadway base and macadam pavement need to be constructed for a
stub street prior to the Township accepting dedication of the right-of-way.
Where a subdivision/land development contains or abuts an existing
recorded private street, the following shall apply:
A.
Additional width. Whenever there exists a recorded private street
of inadequate width within or adjacent to the tract being subdivided
or developed, the remainder of the street shall be plotted to the
prescribed width from the center line within the proposed subdivision/land
development.
A.
Where a subdivision/land development abuts or contains an existing
Township or state road, additional required building setback distances
along the road shall be provided to allow future widening to make
the road conform to Table 3-1[1] without encroaching into standard building setback requirements
of the Zoning Ordinance.
[1]
Editor's Note: Said table is included as an attachment to this chapter.
B.
If the subdivider/developer desires and the Township agrees, the
additional width along a Township road may be dedicated to Middle
Smithfield Township for public use, via a certificate of dedication
on the plan, completed and signed by the property owner(s) and deeded,
via a deed of dedication, directly to Middle Smithfield Township.
As an alternative, such right-of-way may be reserved for future dedication
on a future date after a written directive from PennDOT or the Board
of Supervisors.
Cul-de-sac streets [§ 170-45D(2)(a)] shall be designed as follows:
A.
Dead-end streets. Dead-end streets are prohibited unless designed
as cul-de-sac streets or to provide future access to adjoining properties.
B.
Temporary turnarounds.
(1)
Any temporarily dead-ended streets shall be provided with a paved
turnaround (standard, offset, T or Y type) within the subdivision,
and the use of said turnaround shall be guaranteed to the public until
such time as the street is extended via a recorded plan and the extension
is constructed and approved by the Township.
(2)
Temporary turnaround covenant. When a temporary turnaround is involved,
the following covenant shall be on the plan: "All lots containing
a temporary turnaround shall be subject to the right of the public
to use the turnaround until such time as the subject street is extended
and approved by Middle Smithfield Township."
C.
Maximum length.
(1)
Cul-de-sac streets, permanently or temporarily designed as such,
shall not exceed 1,600 feet from the right-of-way line of the intersected
street to the center or offset angle of the proposed cul-de-sac.
(2)
Length modification.
(a)
The Township may consider a request for modification of this
requirement as it deems the lay of the land or topography dictates.
(Use modification form in Appendix D-8.)[1]
[1]
Editor's Note: Appendix D-8 is included as an attachment to this chapter.
(b)
Approval of the modification must be obtained from the Board
of Supervisors prior to approval of a preliminary subdivision plan.
D.
Placement. Unless future extensions are clearly impractical or undesirable,
the turnaround right-of-way shall be placed adjacent to the tract
boundary line with sufficient additional width provided along the
boundary line to permit possible extension of the street at full width.
E.
Design.
(2)
Alternate turnarounds.
(a)
Alternate turnaround designs shall be used only after approval
by the Board of Supervisors, of a modification requested by the applicant
(use modification form in Appendix D-8.)[3]
[3]
Editor's Note: Appendix D-8 is included as an attachment to this chapter.
(c)
The Board of Supervisors may allow or require the placement
of a landscaped island in the middle of a cul-de-sac turnaround. In
such case, the subdivider shall establish a legally binding mechanism
to ensure proper maintenance of the landscaped area. In such case,
the Township may require that any curbing be a mountable design to
allow emergency vehicles to pass.
A.
Alleys shall not be provided in residential subdivisions unless specifically
approved by the Board of Supervisors, based upon a favorable recommendation
by the Planning Commission and with the alley being maintained by
a homeowners' association. Alleys may be included in commercial or
industrial subdivisions/land developments where necessary for loading,
unloading or access purposes.
B.
Width. Alleys shall be a minimum of 30 feet in right-of-way width
and 20 feet in cartway width for two-way traffic and 12 feet for one-way
traffic, and shall not be offered for public dedication. See also
Table 3-1.[1]
[1]
Editor's Note: Table 3-1 is included as an attachment to this chapter.
Private access streets (as described in § 170-45E) may be utilized to provide access to residential lots as follows:
A.
Minor subdivisions. In minor subdivisions for lots which do not abut
or have frontage on a public or approved private road.
B.
Major subdivision/land developments. In major subdivisions/land developments
to gain access to lots and reduce the amount of required standard
streets.
C.
Width. Private access streets shall have a minimum right-of-way width
of 20 feet.
(1)
Additional design requirements. A private access street which serves
as an access to a parcel which could be further subdivided into more
than two lots shall have a fifty-foot-wide easement or right-of-way
and shall be proved capable of being feasibly designed to conform
to the requirements of a minor or local access street (profiles, horizontal
layout, etc.).
(2)
A restrictive covenant prohibiting further subdivision without prior
Township approval and then only if the dwelling density is not increased
may be provided in lieu of the larger road design.
D.
Length.
(1)
Private access streets shall not exceed 2,000 feet in length in minor
subdivisions and 500 feet in major subdivisions as measured from the
right-of-way line of the accessed street to the lot line abutting
the furthermost end of the street.
(2)
The Board of Supervisors may consider a request for a modification
of this length requirement. (Use modification form in Appendix D-8.)[1]
[1]
Editor's Note: Appendix D-8 is included as an attachment to this chapter.
E.
Grades. The maximum grade of a private access street shall be 15%.
F.
Alignment. The minimum center-line radii shall be 50 feet.
G.
Construction and maintenance responsibility. Construction and maintenance
of private access streets shall be the responsibility of the property
owners benefiting by the use thereof. For any new private access street,
a binding agreement for maintenance shall be established and found
acceptable to the Township. For any subdivision or land development
along an existing private access street, the Township may require
the applicant and his/her successors to commit to their fair share
of maintenance costs.
All intersections of streets shall be designed in accordance
with the following:
A.
Center-line intersections. The center lines of any two streets shall
intersect as nearly at right angles as possible.
(1)
Intersection modification. The Board of Supervisors may consider
a modification request for a center-line intersection of 75° to
60° (use modification form in Appendix D-8).[1]
[1]
Editor's Note: Appendix D-8 is included as an attachment to this chapter.
(2)
Intersection not allowed. Center-line angles of less than 60°
shall not be allowed under any conditions.
(3)
Multiple street intersection. The Board of Supervisors may consider
a modification request for an intersection of more than two streets
at one point. (Use modification form in Appendix D-8.)
B.
Right-of-way arcs. All intersections shall have the right-of-way
lines rounded by arcs with radii as follows:
(1)
Arterial and collector streets. At intersections involving arterial
or collector streets, the right-of-way lines shall be rounded by arcs
with a radii of at least 50 feet; however, the Planning Commission
may require a larger radii.
(2)
Minor and local access streets. At intersections involving minor
or local access streets, the right-of-way lines shall be rounded by
arcs with a radii of not less than 40 feet.
(3)
Private access streets and alleys. At intersections involving private
access streets and alleys, the right-of-way or property lines shall
be rounded by arcs with a radii of not less than 25 feet.
Where a subdivision/land development abuts or contains an existing
arterial street, the Board of Supervisors may require marginal access
streets, rear service streets, reverse frontage lots or such other
treatment as will provide protection for abutting properties, reduction
in number of intersections with the major street and separation of
local and through traffic. (See Figures 3-7 and 3-8.)[1]
[1]
Editor's Note: Said figures are included in Attachment 6.
Minimum street right-of-way widths measured from lot lines shall
be as set forth in Table 3-1.[1]
[1]
Editor's Note: Said table is included as an attachment to this chapter.
Minimum street travel way (pavement) widths shall be as set
forth in Table 3-1.
Minimum street shoulder widths shall be as set forth in Table
3-1.
Street alignment shall be designed as follow:
A.
Horizontal curves. Whenever street center lines are deflected in
excess of 5° within 100 feet, connection shall be by horizontal
curves.
B.
Sight distances. Streets shall be so designed that there will be
unobstructed sight distances along the center lines thereof as set
forth in Table 3-1, both horizontal and vertical.
(1)
Sight distance requirements. Sight distances shall be measured along
the center line of the street from a point 3.75 feet above the pavement
surface to a point 0.5 feet above said surface.
(2)
Stop street sight distances. Vertical sight distances shall not pertain
to stop street intersections; however, grade differences of over 10%
shall require a vertical curve of at least 30 feet.
Street gradients shall be designed as follows:
A.
Center-line grades. Center-line grades shall not exceed the gradients
set forth in Table 3-1.
B.
Minimum grades. The minimum center-line grades shall not be less
than 0.5%.
C.
Maximum grades at turnarounds. The maximum grades across turnarounds
at the end of cul-de-sac streets shall not exceed 12%.
Vertical curves shall be used at changes in grade exceeding
1% within 100 feet.
A.
Crest vertical curves. Crest vertical curves shall be designed to
provide vertical sight distances consistent with the horizontal sight
distances as set forth in Table 3-1.
B.
Sag vertical curves. Sag vertical curves shall be designed as follows:
(1)
Arterial and collector street sag vertical curve design. On arterial
and collector streets, sag vertical curves shall have a minimum length
of 25 feet for each 1% or portion thereof difference in tangent grade
with an absolute minimum length of 100 feet. (Example: 1% to 4% equals
100 feet vertical curve, 4.1% to 5% equals 125 feet vertical curve,
etc.)
(2)
Minor and local access street sag vertical curve design. On minor
and local access streets, sag vertical curves shall have a minimum
length of 15 feet for each 1% or portion thereof difference in tangent
grade with an absolute minimum length of 75 feet. (Example: 1% to
5% equals 75 feet vertical curve, 5.1% to 6% equals 90 feet vertical
curve, etc.)
Intersection sight distances (clear sight triangles) shall be
designed as follows:
A.
Intersection sight distances.
(1)
At intersections of all streets, obstructions of any type, including
vegetation and earth, shall be removed and a plan restrictive covenant
established to maintain any and all improvements placed so that clear
and unobstructed sight is provided from a point on the center line
of the intersecting street 10 feet from the nearest edge of the travel
way pavement of the through street and 3 1/2 feet above the proposed
surface at that point to a point 4 1/4 feet above the center
of the approaching lane of the through street at a distance, as measured
along the center of the approaching lane, of:
(a)
Four hundred feet to the left and 300 feet to the right if the
through road is an arterial street.
(b)
Three hundred feet to the left and 250 feet to the right if
the through road is a collector street.
(c)
Two hundred fifty feet to the left and 200 feet to the right
if the through road is a minor or local access street.
(2)
The required line of sight shall have a minimum of six inches clearance
above the ground or pavement at any point along the sight line.
B.
Intersection sight distances on state roads.
A.
The Township recognizes that the preceding §§ 170-55 through 170-62 are not applicable to all circumstances because of unusual topography or parcel layout and may consider modifications of or deviations therefrom on an individual case-by-case basis. Modification requests shall be submitted in compliance with § 170-182 using the form in Appendix D-8.[1]
[1]
Editor's Note: Appendix D-8 is included as an attachment to this chapter.
A.
Street name continuation. Proposed streets which are obviously in
alignment with other streets, existing or proposed, shall continue
the name of the existing or proposed street.
B.
Street names shall not duplicate or be closely similar to the name
of a different street in the Township, the same ZIP code or the same
fire or ambulance company service area.
Driveways and private access streets required by these regulations
and possible areas for future driveways adjacent to a street intersection
shall be indicated on the preliminary and final plans and the required
driveways and private access streets shall be designed as follows:
A.
Isolation distance. The minimum distance between the center line
of a driveway/private access street and the nearest intersecting street
center line on the same side of the street shall be in conformance
with the following table.
|
Driveway and Private Access Street
Isolation Distance Table
|
|---|
|
Distance between the center line of the driveway/private access
street and the nearest intersecting street center line by the type
of street accessed:
|
|
Type of Driveway
|
Arterial
(feet)
|
Collector
(feet)
|
Minor
(feet)
|
Local Access
(feet)
|
|---|---|---|---|---|
|
Single/two-family residential driveways
|
95
|
95
|
85
|
75
|
|
Multi-dwelling/ apartment residential driveways
|
145
|
145
|
110
|
100
|
|
Commercial/ industrial driveways
|
200
|
200
|
100
|
100
|
|
Private access streets
|
110
|
110
|
100
|
90
|
B.
Driveway grades.
(1)
The tangent grade of the driveway/private access street shall be
a minimum of minus 6% (3/4 inch per foot) for a minimum of four feet
from the edge of the travel-way pavement or the shoulder line or gutter
line of the accessed street, whichever is greater.
(2)
The maximum grade of any driveway/private access street is 15%.
C.
Leveling areas.
(1)
Grade differences over 14% within 25 feet of the right-of-way line
shall require a vertical curve of at least 30 feet.
(2)
The point of vertical curvature (PVC) of the required vertical curve
shall be at least four feet from the edge of the travel-way pavement
or at the shoulder or gutter line of the accessed street, whichever
is greater.
B.
When the only proposed building site as required in § 170-40A(1) is not accessible from the existing or proposed street by means of an individual driveway or private access street having a grade of 25% or less, the required off-street parking spaces shall be constructed and installed by the subdivider/developer.
A.
New half or partial streets shall be prohibited except where essential
to reasonable subdivision/development of a tract in conformance with
the other requirements and standards of these regulations and where,
in addition, assurance, in writing, for dedication of the remaining
part of the street can be obtained.
B.
Required width. Unless such assurance can be obtained, the subdivider
shall provide the entire required right-of-way width within his property.
A.
All residential subdivisions/land developments proposed shall conform
with the provisions of this section.
B.
Blocks. All block designs shall consider the following:
(1)
Traffic circulation. In design of blocks, special consideration shall
be given to requirements for safe and convenient vehicular and pedestrian
circulation, including the reduction of intersections with arterial
and collector streets.
(2)
Crosswalks.
(a)
Crosswalks may be required where deemed by the Township necessary
to facilitate pedestrian circulation and to give access to community
or public facilities in blocks of over 1,000 feet in length.
(b)
Such crosswalks shall have a right-of-way width of not less
than 10 feet and an all-weather walkway of not less than six feet
in width.
(3)
Block width. Blocks shall be of sufficient width to permit two tiers
of lots except where access is limited by virtue of an adjoining connector
street or by virtue of topographic limitations.
The minimum lot sizes, lot widths and yard requirements shall
be as set forth in the Zoning Ordinance[1] and shall further conform with the following:
B.
Double-frontage lots. Double-frontage lots shall conform to the following:
C.
Lot side lines.
(2)
Lot side line modifications. At the discretion of the Planning Commission,
some modification of these requirements may be permitted upon submission
of sufficient reasons therefor by the subdivider. (Use modification
form in Appendix D-8.)[4]
[4]
Editor's Note: Appendix D-8 is included as an attachment to this chapter.
D.
Lot depths.
(1)
The depth of residential lots shall be not less than one nor more
than three times their width.
(2)
Irregularly shaped lots. In the case of irregularly shaped lots,
the minimum lot width specified in the district shall be measured
at the minimum front yard setback line, provided that in no case shall
the lot frontage measured at the street right-of-way line be less
than 70% of the minimum lot width except in the following situations:
On culs-de-sac or courts or street center-line curves with a radius
of less than 300 feet, the lot frontage measured at the street right-of-way
line shall not be less than 40% of the minimum lot width.
E.
Land remnants.
(1)
If small, less than the required lot size, remnants of land, other
than rights-of-way, easements, recreation areas, open space or buffer
strips exist after subdividing, they shall be incorporated into existing
or proposed lots.
(2)
When a parcel of land is subdivided into two lots and the remaining
lands are not of a size or configuration that could be further subdivided,
the remaining lands must be considered a lot and must be submitted
for approval.
F.
Municipal boundaries. Where feasible, lot lines shall follow municipal
boundaries.
A.
Purposes. To provide adequate open spaces, recreational lands and
recreational facilities to serve new residents of new developments,
for both active and passive recreation; to recognize and work to carry
out the Eastern Monroe Recreation and Open Space Plan, or its successor
plan.
B.
Applicability. This section shall apply to any subdivision or land
development for which a preliminary or final plan is submitted after
the effective date of this amendment.
(1)
However, this section shall not apply to a final plan if the final
plan is consistent with a valid complete approved preliminary plan
that was officially accepted by the Township for review before the
effective date of this section.
(2)
This section shall not apply to plans that the Board of Supervisors
determines only involve clearly minor adjustments or corrections to
an approved preliminary plan or clearly minor adjustments or corrections
to a preliminary plan that was before the Township for consideration
at the date of the adoption of this amendment.
(3)
Exemption. This § 170-70 shall not apply when a lot is subdivided and one lot is kept by the current owner and the other lot is transferred to the child, step-child, grandchild or step-grandchild of the then-current owner. This exemption shall only be allowed once per person to whom the lot is being transferred. The person to whom the lot is being transferred shall have an intent to continue to own the lot for at least one year.
C.
Limitations on use of fees.
(1)
Any fees collected under this section shall be placed in an interest-bearing
account and shall be accounted for separately from other Township
funds. See Subsection A(4) below concerning locations.
(2)
To ensure that the lands and facilities are accessible to the residents
of the developments that paid fees towards their cost, such fees shall
only be used within a four-mile radius of the boundaries of the subdivision
or land development that paid the fees, unless the Board of Supervisors
determines that a proposed improvement would clearly serve the entire
population of the Township.
(3)
Such fees shall only be used for the following: acquisition of public
open space, development of public recreational facilities, landscaping
of public open space and closely related engineering and design work.
(4)
The Township should designate the recreation facilities/area where
the fees will be used at the time of a subdivision or land development
approval. If the Township does not designate the recreation facilities/area
where the fees will be used, then the fees shall automatically be
set aside for the further development of the Township Park at Echo
Lake, as a generally centrally located recreation area providing programs
and facilities for the entire Township.
D.
Land dedication. The applicant for any subdivision or land development regulated under this § 170-70 shall be required to dedicate the specified amount of publicly owned common open space, unless the Board of Supervisors and the applicant mutually agree to the payment of recreation fees-in-lieu of land, the construction of recreational facilities, the reservation of common open space through an allowed alternative ownership method, or a combination thereof. The common open space is being required to provide park and recreational areas accessible to the residents of the subdivision or land development.
(1)
Generally, it is the intent of this section that developments of,
at a minimum, five or fewer dwelling units that do not include land
that is adjacent to existing publicly owned land should be required
to pay a recreation and open space fee in lieu of dedicating land.
However, if the applicant does not agree to pay such fees, then land
shall be required to be dedicated.
(2)
The land and fee requirements of this section shall be based upon
the number of new dwelling units that would be permitted on the lots
of a subdivision or land development after approval.
(3)
Prime open space. For the purposes of this section, the term "prime
open space" shall mean land proposed to be dedicated as common open
space that would meet all of the following standards:
(a)
Less than 6% slope;
(b)
Not a wetland under federal and/or state regulations;
(c)
Be part of a contiguous tract of at least two acres (which may
include existing adjacent common open space); and
(d)
Not be within the one-hundred-year floodway, as defined by official
floodplain maps of the Township, as prepared by the Federal Emergency
Management Agency.
(4)
Amount of common open space. If a subdivision or land development
is required to dedicate common open space, the following amounts for
each permitted new dwelling unit shall apply:
|
Percentage of the Total Required Common Open Space That Would
Meet the Definition of Prime Open Space
|
Minimum Required Common Open Space Per Permitted Dwelling Unit
(square feet)
|
|---|---|
|
0% to 25.0%
|
5,200
|
|
25.1% to 75.0%
|
2,600
|
|
75.1% to 100%
|
1,300
|
E.
Fees for residential development. If the Board of Supervisors and
the applicant agree that a proposed subdivision or land development
will pay fees-in-lieu of dedicating open space, this fee shall be
as established by the Township Fee Schedule, which may be updated
by resolution of the Board of Supervisors. Until such time as a different
fee is established, this fee shall be $600 per dwelling unit.
F.
Decision on land vs. fees. The Board of Supervisors shall determine
whether a land dedication would be in the public interest or, rather
instead, whether the payment of fees would be preferable. This determination
should, but is not required to, be made at the time of sketch plan
review. The Township should, at a minimum, consider the following
in this decision:
(1)
Whether the land in that location would serve a valid public purpose.
(2)
Whether there is potential to make a desirable addition to an existing
public or school district recreation area.
(3)
Whether the proposed land would meet the objectives and requirements
of this section and any relevant policies of the Township Comprehensive
Plan and the Eastern Monroe Open Space and Recreation Plan.
(4)
Whether the area surrounding the proposed development has sufficient
existing recreation and open space land, and whether it is possible
for pedestrians and bicyclists to reach those lands.
(5)
Any recommendations that may be received from the Planning Commission,
the Township Engineer, the local school board or school district staff,
any Environmental Advisory Committee, and any Township Parks and Recreation
Commission.
G.
Common open space to be preserved.
(1)
Suitability. Land required to be dedicated shall be suitable for
its intended purpose, in the determination of the Board of Supervisors.
The applicant shall state what improvements, if any, he/she intends
to make to the land to make it suitable for its intended purpose,
such as grading, landscaping, or development of trails. Such land
shall be free of construction debris at the time of transfer or dedication.
(2)
Ownership. Required common open space shall be offered for dedication
to the Township, unless the Board of Supervisors agrees to accept
a transfer to any of the following: the school district, the county,
the Pennsylvania Bureau of State Parks, the Pennsylvania Game Commission,
a similar agency, a homeowners' association, or an environmental organization
acceptable to the Board of Supervisors. The Board of Supervisors is
under no obligation to accept an offer of dedication to the Township,
but shall have authority to ensure that an appropriate long-term method
will be in place to own and maintain common open space. In the case
of a rental development, the Township may permit the common open space
to be retained by the owner of the adjacent residential buildings.
(a)
If required common open space is to be owned by a homeowners'
association, the developer shall be required to establish such association
in a form that requires all property owners within the development
to annually contribute to the maintenance of the common open space.
The applicant shall prove full compliance with the Pennsylvania Uniform
Planned Community Act,[1] as applicable.
[1]
Editor's Note: See 68 Pa.C.S.A. § 5101 et seq.
(b)
Any homeowners' association agreements regarding required common
open space shall be subject to acceptance by the Board of Supervisors,
based upon review by the Township Solicitor. An acceptable process
shall be established for the timing of the transfer of the lands and
maintenance responsibilities to the homeowners' association. Each
dwelling or lot owner shall be required to regularly fund maintenance
of the common open space. If this requirement is not met, the agreement
shall specify that the Township may have the work accomplished and
may place municipal liens on properties to recover the maintenance
and legal costs.
(3)
Restrictions/easements. Any required common open space shall include
Township-approved deed restrictions and/or conservation easements
to permanently prevent the open space from being further subdivided
or developed for buildings, except approved buildings for noncommercial
recreation or to support maintenance of the land. The Board of Supervisors
shall be provided with authority to enforce any deed restriction or
conservation easement pertaining to preservation of the common open
space. In addition, other parties may be given separate overlapping
authority to enforce the deed restriction or conservation easement.
(4)
Priority shall be given to dedication of land that would be suitable
for additions to existing public schools and public parks; or would
preserve woods, steep slopes or other important natural features or
land along a creek or river; or that would be suitable for centralized
active recreation.
(5)
Land that is not suitable for active or passive recreation shall
not be permitted to meet the requirements of this section, including
areas within a stormwater detention basin that are not suitable for
recreation. Portions intended for active recreation shall be well-drained,
of less than 6% average slope and not require filling in of a wetland
for use.
(6)
Access and contiguousness. Common open space within a subdivision
or land development shall be contiguous, except as may be specifically
exempted by the Board of Supervisors, and shall have adequate access
for maintenance and by pedestrians.
(7)
Other ordinances. Any required land dedication under this section
shall be in addition to any land dedication or improvement requirements
of any other Township ordinance.
(8)
Residual lands. If only a portion of a larger tract of land is currently
proposed to be subdivided, or the applicant owns one or more adjacent
tracts that are not currently proposed to be subdivided, the applicant
shall provide a sketch of a possible future land dedication on these
adjacent lands in case they would be developed in the future.
(9)
Coordination with future adjacent dedication. The Board of Supervisors
may require that a required land dedication within a property currently
being subdivided be placed along an edge of the property so that it
may, in the future, be combined with an open space dedication on the
edge of an adjoining property when that adjoining property is subdivided
or developed. The intent is to coordinate currently proposed common
open space with future development, over the long term.
H.
Combination of land and fees. Upon mutual agreement of the Board of Supervisors and the applicant, the Township may accept a combination of common open space and fees-in-lieu of land to meet the requirements of this section for a residential subdivision or land development. This combination shall be based upon the common open space requirement applying for a certain number of dwelling units and the fee-in-lieu of land requirement applying for the remaining number of dwelling units. See also Subsection J below.
I.
Timing of fees. One-half of the fees required by this section for
all of the dwelling units shall be paid prior to the recording of
the final plan, and the other half of the fee per dwelling unit shall
be paid prior to issuance of the occupancy permit, except as follows:
(1)
If the required fee would be greater than $2,000, and the applicant
and the Township mutually agree to provisions in a binding development
agreement to require the payment of all applicable recreation fees
prior to the issuance of any building permits within each clearly
defined phase of the development, then such fees are not required
to be paid prior to recording of the final plan but may instead be
paid within the requirements of that development agreement.
(2)
If the applicant agrees to pay such fees in installments, then all
such fees shall not be considered to be "paid" for the purposes of
any applicable time limitations for utilization under the Municipalities
Planning Code[2] until all such fees are paid in full, including all installments
and phases.
[2]
Editor's Note: See 53 P.S. § 10101 et seq.
J.
Facilities in place of land or fees. If there is mutual agreement
by the Board of Supervisors and the applicant, the requirements of
this section may be met by the applicant constructing permanent noncommercial
recreation facilities within the proposed subdivision or land development
or on a public recreation area. The applicant shall show that the
proposed recreation facilities would reduce the future burden upon
the Township in providing for recreation facilities. The facilities
do not necessarily need to be open to the public if they are not constructed
on publicly owned land. However, the facilities shall, at a minimum,
be open to residents of the subdivision or land development.
K.
Required minimum standards for "common open space." Common open space
is a parcel or parcels of land within a tract which meets all of the
following standards:
(1)
Is designed, intended and suitable for active or passive recreation
by residents of a development or the general public;
(2)
Is covered by a system that ensures perpetual maintenance, if not
intended to be publicly owned;
(3)
Will be deeded to the Township and/or preserved by a deed restriction
or conservation easement to permanently prevent uses of land other
than common open space and noncommercial recreation; and
(4)
Does not use any of the following areas to meet minimum common open
space requirements:
(a)
Street rights-of-way;
(b)
Vehicle streets or driveways providing access to lots that are
not common open space;
(c)
Land beneath building(s) or land within 25 feet of a building
(other than an accessory maintenance building or swimming pool, and
other than agricultural buildings and a farmstead which are permitted
within land approved by a Township for agricultural preservation);
(d)
Off-street parking (other than that clearly intended to serve
noncommercial recreation);
(e)
Area(s) needed to meet a requirement for an individual lot that
is not common open space;
(f)
For land intended to be open to the public, that does not have
provisions for entry with a twenty-foot minimum width by pedestrians
from a street open to the public or from an adjacent common open space
area that has access to such a street;
(g)
Land that includes a stormwater detention basin, except for
a basin or portions of a basin that the applicant proves to the satisfaction
of the Board of Supervisors would be reasonably safe and useful for
active or passive recreation during the vast majority of weather conditions,
or will be a scenic retention pond;
(h)
Portions of land that have a width of less than 50 feet;
(i)
Areas within rights-of-way or easements of high-voltage electric
overhead power transmission lines; and
(j)
Areas occupied by wastewater treatment facilities, except for
a septic system that only serves a restroom building or a similar
common open space use.
The provisions of this section shall apply to required conservation open space within a conservation development. (Note: A separate set of provisions in § 170-70 applies to common open space that is required in certain other developments.)
A.
Ownership.
(1)
Open space ownership. The method(s) to be used to own, preserve
and maintain any conservation open space shall be approved in advance
by the Board of Supervisors. The Township shall only approve a conservation
development if the applicant proves there will be an acceptable method
to ensure permanent ownership, preservation and maintenance of the
conservation open space.
(a)
The method of ownership and use of any required conservation
open space shall be determined prior to final subdivision or land
development approval. Required conservation open space shall be owned
by one or a combination of the following methods:
[1]
Dedication to the Township as public open space,
if the Board of Supervisors agrees, in writing, to such dedication.
[2]
Dedication to the County as public open space,
if the County Commissioners agree, in writing, to such dedication.
[3]
Dedication to the school district if such Board
of Education agrees, in writing, to accept such dedication and to
use and maintain the land for public school recreation and/or related
open space.
[4]
Dedication to a property owners' association (which
term shall also include a condominium owners' association) as conservation
open space, with all property owners legally bound to pay fees on
a regular basis for the maintenance and other expenses of owning such
land, and with such property owners' association being incorporated
with covenants and bylaws providing for the filing of assessments.
After providing notice to affected owners and allowing a period to
correct deficiencies, the Township shall have the authority to establish
municipal liens upon all properties in the conservation development
to fund maintenance of the land and Township legal costs if the property
owners' association does not fulfill its responsibilities.
[a]
Such responsibilities shall be specified as part
of each deed prior to sale of each lot or dwelling unit. An orderly
process shall be established for the transfer of the land to the association.
The Township may delay a dedication of maintenance responsibilities
by a developer to a property owners' association until such association
is incorporated and able to maintain such land.
[5]
Dedication of the land as a nature preserve to a bona fide established conservation organization or outdoor nonprofit youth recreation organization that is acceptable to the Board of Supervisors and provided such organization is intended to exist indefinitely. See Subsection A(1)(c) below.
[6]
Dedication of a permanent agricultural preservation
easement to the County Agricultural Land Preservation Board, if such
Board agrees to accept such easement, with the land utilized for allowed
agricultural or equestrian uses, such as a wholesale plant nursery
or horse farm.
[7]
Dedication to the State Game Commission, State
Forest Bureau, State Fish and Boat Commission or similar public agency,
if such agency agrees, in writing, in advance to accept the dedication
and to maintain the land for public recreation.
[8]
Operation as a bona fide golf course, with a minimum
lot area of 50 acres. Areas including buildings or vehicle parking
shall not count towards the conservation open space requirement.
[9]
Retention as part of one or more private lots, with an appropriate conservation easement, if the applicant proves to the satisfaction of the Board of Supervisors that none of the above alternative methods of ownership are feasible. This option shall only be available if each lot that would retain conservation open space would have a minimum lot area of two acres or 1/3 of the total tract size of the development, whichever is less, and the total tract size is less than 10 acres. See Subsection A(4) below which requires some of the conservation open space to be available to residents, such as trail easements.
(b)
Applicants are requested to first offer ownership of any proposed
conservation open space to the Township, particularly if the conservation
open space could be adjacent to existing publicly owned recreation
or open space land. The Board of Supervisors shall have the authority
to not accept ownership of conservation open space by the Township.
(c)
If the approved plan states that ownership of the conservation
open space is limited to a particular entity (such as a conservation
organization), then any transfer of ownership to another entity shall
require preapproval by the Board of Supervisors. The Board of Supervisors
shall determine whether the new entity would have the long-term ability
to fulfill the responsibilities under the approved plan. Where land
is to be owned by a conservation organization, a process should be
established for the land to transfer to a different organization if
the first organization is not able to fulfill its obligations.
(2)
Legal documents providing for ownership, perpetual preservation and maintenance of required conservation open space shall be submitted in draft form by the applicant, be reviewed by the Township Solicitor and be approved by the Board of Supervisors prior to recording of the final plan. See also Subsection C below regarding conservation easements. If conservation open space is owned by a property owners' association, such association shall be bound by applicable state laws and the following additional regulations:
(a)
The applicant shall submit a description of the organization
of the association, including bylaws and documents governing ownership,
maintenance and use restrictions for the conservation open space.
(b)
The proposed association shall be established by the owner or
applicant and shall be operating (with financial subsidies by the
owner or applicant, if necessary) before the sale of any lots or dwelling
units in the subdivision or land development. The documents shall
establish the timing of the transfer of the conservation open space
to the property owners' association.
(c)
Membership in the association shall be mandatory for all owners
of dwelling units in the development and their successors in title.
(d)
The association shall be responsible for maintenance and insurance
of the conservation open space.
(e)
The documents shall confer legal authority upon the association
to place a lien with the accruing of interest on each owner of a lot
or dwelling unit if such owner is delinquent in paying required fees
or dues.
(f)
If the association proposes to transfer any of its responsibilities
to own or properly maintain facilities to another entity, it shall
provide written notice to all members of the association and the Township
at least 30 days prior to such event. This requirement shall not apply
to contracting of maintenance.
(g)
The association shall have adequate staff to administer, maintain
and operate land and facilities owned by the association.
(3)
All conservation open space shall be permanently restricted from further subdivision and development. The recorded plan shall include proper notations consistent with the approved method of owning, maintaining and preserving the conservation open space. For example, if the conservation open space is intended to be owned by a homeowners' association as recreation land, a statement should be included that the designated open space "shall not be further subdivided and shall not be used for the construction of any buildings and shall not be used to calculate density for any other development." Note: Subsection C(1) below addresses types of buildings that may be approved within the conservation open space.
(a)
The recorded plan shall list the uses that are allowed or not
allowed on the conservation open space, which shall conform with Township
ordinances.
(4)
Use by residents. A minimum of 20% of the minimum required conservation open space shall be available for recreation by residents of the conservation development. This requirement may be met by trail easements across privately owned land. [This provision is not intended, by itself, to prevent a development being approved with recreation open to the public, depending upon decisions under Subsection A(1) above.]
B.
Conservation open space priorities and standards.
(1)
Suitability. Conservation open space shall be suitable for its
intended purpose, in the determination of the Board of Supervisors.
The applicant shall state, in writing, what improvements, if any,
he/she will commit to make to the land to make it suitable for its
intended purpose, such as grading, landscaping or development of trails.
Such land shall be free of construction debris at the time it is dedicated
as conservation open space.
(2)
Priorities for conservation open space.
(a)
The locations of the conservation open space shall consider any resources identified in any map of potential conservation lands that was prepared by the Township and be prepared consistent with the site design process provided in § 170-70B. To the fullest extent feasible, the conservation open space shall incorporate the following resources (if they are located on the tract):
[1]
Stream channels, floodplains, wet soils, natural
drainage swales, springs and adjacent buffer areas to insure their
protection.
[2]
Areas of slopes over 25%, followed by areas of
slopes of 15% to 25%, with an emphasis on sloped areas adjacent to
streams and ponds where disturbance could be detrimental to water
quality.
[3]
Concentrations of mature woodlands, particularly
those woodlands that protect streams, wetlands and wildlife corridors
and trees of unusually large size.
[4]
Areas where precipitation is most likely to recharge
groundwater supplies, considering rates of infiltration.
[5]
Visually prominent ridgelines.
[6]
Concentrations of land that would be suitable for
a productive agricultural use.
[7]
Historic buildings and their immediate surroundings.
[8]
Trail connections needed to connect existing trails
with neighborhoods, schools, parks and pedestrian destinations.
(b)
Priority shall be given to provision of conservation open space
that would be suitable for:
[1]
Additions to existing public school outdoor recreation
areas, public parks and other public recreation lands;
[2]
Preservation of interconnected greenways of mature
woods, steep slopes, creek valleys or other important natural features;
[3]
Active and passive recreation, such as, but not
limited to, a site that the Board of Supervisors deems suitable for
public recreation land;
[4]
Providing direct pedestrian access from the maximum
number of lots; and
[5]
The conservation of scenic views and elements of
the Township's rural character, in a manner that minimizes perceived
density by minimizing views of new development from existing streets/roads.
(c)
Guidelines. The following guidelines should be followed in the
design and location of conservation open space:
[1]
Buildings and paving should not be placed in areas
where there is the greatest permeability, to encourage groundwater
recharge.
[2]
The disturbance of areas with a seasonally high-water
table should be minimized.
[3]
The location of the conservation open space should
be based upon an evaluation of all of the woodlands on the site to
determine which areas are most worthy of preservation, considering
age, species, condition and the potential to maintain continuous wooded
areas for habitat purposes.
[4]
Conservation open space should be placed in locations
that will minimize the visual obtrusiveness of development as viewed
from public streets.
[5]
Grading and earthmoving on over 15% slopes shall
be minimized.
(3)
Contiguousness. A minimum of 50% of the required conservation
open space within a subdivision or land development shall be contiguous,
without being separated by other uses, except as may be specifically
exempted by the Board of Supervisors. Lands used to meet this minimum
50% requirement may be separated by streets or creeks.
(a)
To the maximum extent feasible, conservation open space throughout
a development shall be interconnected. The number of streets separating
areas of conservation open space shall be held to a minimum.
(b)
To the maximum extent feasible considering the open space priorities
for the tract, at least 50% of the dwelling units should be adjacent
to or directly across a street from conservation open space or have
a direct trail connection to the conservation open space.
(4)
Access and trails. Conservation open space shall have adequate
access for maintenance and by pedestrians. Lots and conservation open
spaces shall be located to promote pedestrian and visual access to
conservation open spaces whenever possible. Unless specifically approved
otherwise, conservation open space shall include a trail open to residents
of the development or the general public. This trail shall be constructed
by the developer prior to the sale of any adjacent homes.
(5)
Other ordinances. A conservation development shall not be required
to provide common open space or pay fees in lieu of common open space.
(6)
Residual lands. If only a portion of a larger tract of land
is currently proposed to be subdivided, or the applicant owns one
or more adjacent tracts that are not currently proposed to be subdivided,
the applicant shall provide a sketch of a possible future conservation
open space on these adjacent lands. The intent is to coordinate current
plans with any future development, even in the long term.
(7)
Coordination with future adjacent open space. The Board of Supervisors
may require that required conservation open space within a property
currently being subdivided be placed along an edge of the property
so that it may, in the future, be combined with open space on the
edge of an adjoining property when that adjoining property is subdivided
or developed.
(8)
Prohibitions. The following land areas shall not be used to
meet the minimum conservation open space requirements:
(a)
Existing street rights-of-way;
(b)
Vehicle streets or driveways providing access to other lots;
(c)
Land beneath building(s) or land within 20 feet of a building [other than buildings allowed under Subsection C(1) below];
(d)
Off-street parking (other than that clearly intended to serve
noncommercial recreation);
(e)
Area(s) needed to meet a requirement for an individual lot;
(f)
Land that does not have at least a twenty-foot-wide access area
to connect to a street open to the public or to connect with an adjacent
conservation open space area that has access to such a street;
(g)
Land that includes a stormwater detention basin, except for
a basin or portions of a basin that the applicant proves to the satisfaction
of the Board of Supervisors would:
(h)
Portions of land that have a width of less than 50 feet, except
that the Board of Supervisors may allow areas with a minimum width
of 20 feet to count if they are part of a useful trail system;
(i)
Areas that were preserved by a conservation or agricultural
preservation easement prior to the submittal of the conservation development;
(j)
Areas used for a principal nonresidential use, other than uses
specifically approved by the Board of Supervisors to be located within
the conservation open space; and
(k)
Areas within 50 feet on each side of the center line of overhead
electric transmission lines intended to have a capacity of 35 kilovolts
or greater.
(9)
Conservation open space shall also be located and designed to
meet the purposes listed for a conservation development in Division
63, Conservation Development Option, of the Zoning chapter.
(10)
Improvements to and maintenance of conservation open spaces.
(a)
The application shall include a detailed and legally binding
(if approved) description of what improvements the applicant will
make to any land to make it suitable for its intended purpose.
[1]
Examples of such improvements for areas intended
for passive recreation include preservation and planting of trees,
development of nature, bicycle or jogging trails, the stabilization
of creek banks and the removal of undesirable vegetation.
[2]
Examples of such improvements for areas intended
for active recreation include rough grading of land to create land
suitable for free-play fields for youth.
(b)
Type of maintenance. Where the conservation open space would
not be dedicated to a government entity, the subdivision plan shall
state the intended type of maintenance of the conservation open space.
The following classes of use and maintenance may be used, or other
classes that are clearly described within and approved as part of
the plan submittal:
[1]
Natural area. An area of attractive desirable natural
vegetation that is primarily intended for passive recreation, with
minimal maintenance. The Board of Supervisors may require the planting
of additional trees to eventually reforest natural areas.
[2]
Recreation area. An area designated for a specific
recreation use, including, but not limited to, court games, swimming,
playfields and/or children's play equipment. Such areas shall be maintained
so as to be safe and appropriate for the intended use.
[3]
Lawn. A grass area with trees which may be used
by the residents for a variety of purposes and which is intended to
be mowed regularly.
(c)
Maintenance plan. A maintenance plan shall be submitted for all required conservation open space that will not be dedicated to the Township. This plan shall estimate maintenance services, estimated maintenance costs and recommended frequency of maintenance. The developer shall properly maintain the conservation open space until the same is transferred to another entity approved by the Township pursuant to § 170-70.1A.
(d)
All required conservation open space shall be covered by a system
that ensures perpetual maintenance, which may include, but is not
limited to, a binding property owners' association or public ownership.
(11)
All proposed conservation open spaces shall be cleared of construction
debris, materials from illegal dumping and any rocks that were not
naturally on the land, unless those rocks are incorporated into landscaping
improvements.
(12)
Landscaping plan for conservation open space. An application
for a conservation development involving over 30 acres shall include
a landscape planting and preservation plan for the conservation open
space. Such plan shall be prepared by a registered landscape architect.
(a)
Such plan shall show the locations, general species and initial
sizes of landscaping to be planted within the conservation open space
and throughout the tract.
(b)
Such plan shall also show that existing substantial healthy
trees will be preserved to the maximum extent reasonable. The methods
to ensure preservation during construction shall be described.
(c)
Landscaping shall also be used as appropriate to filter views
of denser housing from any adjacent housing that is less dense.
(d)
Tree preservation easements should be used to protect significant
trees, tree lines and perimeter buffer areas.
(13)
No healthy trees shall be removed within 50 feet from the edge
of a perennial waterway, except as is approved by the Township for
necessary street, driveway and utility crossings.
C.
Protection of conservation open space.
(1)
Easements/deed restrictions. Any required conservation open
space shall be permanently protected with a conservation easement
or other restrictive covenant acceptable to the Township Solicitor.
These restrictions or easements shall permanently prohibit further
subdivision and development for buildings, except buildings for noncommercial
recreation, an accessory building that is necessary to support maintenance
of the land or a farmstead on land that is approved for agricultural
preservation.
(a)
Such restrictions or easements shall also prevent the use of
the land for any use that was not approved by the Board of Supervisors,
unless a revision to the approved plan is approved by the Board of
Supervisors.
(b)
Such deed restrictions or conservation easements shall, at a
minimum, be enforceable by the Board of Supervisors. The Supervisors
may require that the restrictions or easements also authorize their
enforcement by a suitable third party.
(c)
The Board of Supervisors may require that the conservation easement
include provisions to limit any forestry to selective and environmentally
sensitive methods.
(2)
The Township may require the use of conservation easements within
a conservation development to limit the disturbance of natural slopes
over 15%, wetlands, mature forests, creek valleys and other important
natural features.
D.
Phasing. A conservation development shall include a phasing system
that shall be approved by the Board of Supervisors that shows that
the conservation open space requirement would be met after the completion
of any one phase, and that the development could properly function
without the construction of additional phases.
Conservation considerations shall be shown for all natural features
such as large trees, boulder areas, historical sites and structures
and similar community assets which will add attractiveness and value
to the remainder of the subdivision or land development.
All commercial and industrial subdivision/land developments
shall be subject to the following additional standards:
A.
Lot and parcel size. Approval of lots and parcel size will be determined
by the following factors:
(2)
The total area shall be sufficient to provide adequate space for
off-street parking and loading, landscaping and other facilities.
(3)
Whenever possible, commercial parcels shall include enough land to
provide for a group of commercial and/or industrial establishments
to be planned, developed and operated as a coordinated unit.
(4)
Applicants should consider alternatives to traditional "strip mall"
designs, such as placing the majority of the parking to the side or
rear of a commercial building.
B.
Street system. All commercial and industrial subdivisions shall consider
the following when designing street systems:
(1)
External traffic design. Traffic movement in and out of commercial
and industrial areas should not interfere with external traffic, nor
should it create hazards for adjacent residential areas.
(2)
Internal traffic design. The design of streets, service drives and
pedestrian ways should provide for safe and hazard-free internal circulation.
(3)
Access driveway design. Ingress and egress via access driveways to
commercial and/or industrial lots shall be as follows:
(a)
Center line of all access driveways shall be a minimum of 35
feet from the property line; 75 feet is required if the adjoining
property is zoned residential.
(4)
Traffic barriers. Traffic barriers shall be installed along the remainder
of the road frontage to restrict ingress and egress to the approved
access point or points.
(5)
Driveway grades. In order to provide safe and convenient means of
access, grades on driveways shall not exceed 15%.
A.
The natural environment of Middle Smithfield Township shall be protected
and preserved at all times.
B.
Encroachment permits.
(1)
If the Township deems it likely that the environment of the Township
(wetlands, streams, etc.) may be endangered by a subdivision/land
development, it may require the subdivider/developer to furnish copies
of any wetlands encroachment permit, stream encroachment permit or
any other permits affecting the area from the proper agencies or proof
that permits are not required prior to recording of the final subdivision
plan or the land development plan.
(2)
Environment protection.
(a)
When actual permits are not required for environmental protection
assurances, the Township may require steps be taken by the subdivider/developer
to furnish such protection as the Board of Supervisors may deem necessary.
(b)
The subdivider/developer shall submit plans and documents as
to how this protection will implemented and adequate assurances, including
bonding, if the Township deems the same necessary or advisable that
the protection steps will be taken.
A.
Purpose. Whenever a transportation impact study is required, it is
anticipated that the study will enable Middle Smithfield Township
to assess the impact of a proposed development on the local transportation
system. Its purpose is to ensure that proposed developments do not
adversely affect the transportation network and to identify any traffic
problems associated with access from the site to the existing transportation
network. The study's purpose is also to delineate solutions to potential
problems and to present improvements to be incorporated into the proposed
development.
B.
Applicability.
(1)
A transportation impact study shall be required for all subdivisions
and land developments that at build-out are projected to generate
50 or more peak direction trip ends in the development's peak hour,
or 800 average daily two-way trip ends. These projected trip ends
shall be based on the latest edition of the publication titled Trip
Generation, published by the Institute of Transportation Engineers,
or upon traffic studies conducted within the last five years at comparable
developments.
(2)
The Board of Supervisors, at its discretion, may require the
preparation of a transportation impact study for any other subdivision
or land development or other change of use of property.
(3)
The boundaries of the study area to be analyzed shall include
those existing and proposed streets and intersections which may be
affected by the proposed subdivision or land development. If there
is any dispute as to whether existing and proposed streets and intersections
may be affected or not, the final discretion shall rest with the Township
Engineer or designated traffic engineer. The study area for projects
on state roads shall be determined after coordination with PennDOT.
C.
Traffic impact study contents.
(1)
General site description. The site description shall include
the location, proposed land uses, acreage, construction staging and
completion date of the proposed land development. Types of dwelling
units shall be included for residential developments, and gross and
usable floor area for nonresidential developments. A brief description
of surrounding land uses and other proposed land developments within
the study area shall be provided. A study area map should also be
included.
(2)
Transportation facilities description.
(a)
The study shall describe the proposed internal system, including
vehicular, bicycle, pedestrian and other intermodal circulation, all
internal roadway widths and rights-of-way, parking conditions, traffic
channelizations and any traffic controls within the site.
(b)
The study shall describe location and design of proposed access,
including sight distance limitations and distance from adjacent driveways
and intersections.
(c)
The report shall describe the external roadway system within
the study area. Major intersections in the study area shall be identified
and mapped. All existing and proposed public transportation services
and facilities within a one-mile radius of the site shall be documented.
Pedestrian and bicycle facilities on abutting properties shall also
be documented. All proposed or approved roadway improvements within
the study area shall be noted.
(3)
Existing traffic conditions. Existing traffic conditions shall
be documented for all streets and intersections in the study area.
Traffic volumes shall be recorded for existing average daily traffic,
existing peak-hour traffic and for traffic during the development's
peak hour. Complete traffic counts at all intersections in the study
area shall be conducted, encompassing the peak hours of the development
and roadway. A volume/capacity analysis using the procedures of the
current Highway Capacity Manual and based upon existing volumes shall
be performed during the peak hour(s) of the development and for all
roadways and major intersections in the study area. Levels of service
shall be determined for each location.
(4)
Transportation impact of the development. Estimation of vehicular
trips to result from the proposal shall be completed for the peak
hour(s) of both the street system and the development. A qualified
traffic engineer's analysis and methodology shall be followed. These
generated volumes shall be distributed to the study area and assigned
to the existing streets and intersections throughout the study area.
Documentation of all assumptions used in the distribution and assignment
phase shall be provided. Traffic volumes shall be assigned to all
access points. Pedestrian volumes shall also be calculated, if applicable.
If school crossings are to be used, pedestrian volumes shall be assigned
to each crossing. Any characteristics of the site that will cause
unusual trip generation rates and/or traffic flows shall be noted.
(5)
Analysis of transportation impact. The total future traffic
demand based on full occupancy of the proposed subdivision or land
development shall be calculated for the existing and proposed streets
and intersections. This demand shall consist of the combination of
the existing traffic expanded to the completion year through the use
of an accepted background growth rate, the development-generated traffic,
and the traffic generated by other proposed developments in the study
area. A volume/capacity analysis shall also be conducted using the
total future demand and the future roadway capacity. If staging of
the proposed development is anticipated, calculations for each stage
of completion shall be made. For projects on state roads, a volume/capacity
analysis should also be conducted for 10 years following completion,
if requested by PennDOT or the Township. The future demand analysis
shall be performed using the peak hour(s) for all streets and major
intersections in the study area. The Township Engineer or designated
traffic engineer may also require this analysis to be conducted for
the peak hour(s) of the development. Volume/capacity calculations
shall be completed for all movements at major intersections. Levels
of service for all streets and intersections shall be listed.
(6)
Conclusions and recommended improvements.
(a)
For existing intersections in the study area, the study shall
determine specific improvements which would provide a level of service
and delay no worse than conditions without the subject development
in the completion year.
(b)
For new intersections that are established to serve as access
to the proposed development, any through movements on Route 209 showing
a Level of Service C or better shall be considered acceptable. All
other movements at intersections on Route 209, or other streets and
intersections within the study area showing a Level of Service D or
better, shall be considered acceptable. Specific recommendations for
improving unacceptable intersections and movements shall be listed.
(c)
Improvements listed may include street and intersection design
and improvements, traffic signal installation and operation, traffic
signal timing, and other improvements.
(d)
For unsignalized intersections where the traffic impact of the
development causes the side street approach to degrade to a Level
of Service F, the intersection should be evaluated for a signal warrant.
(e)
Actions to facilitate use of public transportation and improve
service shall be included, if applicable.
(f)
The listing of recommended improvements for both streets and
transit shall include, for each improvement, the party responsible
for the improvement, a preliminary cost estimate and funding of the
improvement, and the phase of development during which the improvement
must be completed. Any roadway improvement which requires increased
right-of-way shall be identified.
(g)
The Board of Supervisors shall review the transportation impact
study or have its own consulting traffic engineer review the impact
study at the applicant's expense, to analyze its adequacy in solving
any traffic problems that will occur due to the land development or
subdivision.
(h)
The Board of Supervisors may decide that certain on-site improvements
contained in the study are required for preliminary plan approval
and may attach those conditions to the plan approval.
(i)
For projects on state roads, upon the submission of preliminary
access plans or highway occupancy permit plans to PennDOT, the applicant
should submit a copy of such plans, along with attached subdivision
or land development plans, to the Township. Approval of a site access
plan by PennDOT does not guarantee approval by Middle Smithfield Township.
(7)
Transportation management plan. For developments with venues
for cultural, entertainment, sports or other events at which attendance
is regularly projected to exceed 4,000 persons where there will be
direct access to Route 209, or exceed 2,000 persons where there will
not be direct access to Route 209, a transportation management plan
shall be prepared. This plan shall be in addition to all other requirements
of a traffic impact study under this section. The plan shall describe
the peak days and times of events, the anticipated market area from
which attendees will be drawn, and the traffic generated on interstate
and major state roadways serving the region. The plan shall describe
all facilities and coordination which will be used to accommodate
the traffic generated by these events. This should include, but not
be limited to, use of satellite parking facilities, shuttles, coordination
with public transportation agencies or private transportation companies,
traffic control facilities and traffic control personnel, anticipated
coordination with emergency services and law enforcement, and signage
or message boards on the local roadway system and on interstate and
major state roadways within and entering the Pocono region. The accommodation
of employee transportation and parking shall also be described.
D.
Preparation and review. The preparer of the traffic impact study
shall be a professional engineer. The developer shall reimburse the
Township for reasonable fees and expenses incurred by the Township
Engineer and designated Township traffic engineer for the review of
the developer's transportation impact study and plans.
