B.
The provisions
established for design standards and specifications, as established
under this chapter of the Muhlenberg Township Code, shall be subject
to the interpretation of the Muhlenberg Township Board of Commissioners,
Planning Commission and/or Engineer. Should a dispute arise concerning
the interpretation of these regulations, the person aggrieved by the
interpretation may file an appeal with the Board of Commissioners.
In all cases, the burden of proof and submission of technical evidence
shall be the responsibility of the applicant or person appealing the
interpretation of the Muhlenberg Township Board of Commissioners,
Planning Commission and/or Engineer.
C.
The design standards and specifications contained within Article V are intended as the minimum for the promotion of the public health, safety and general welfare and shall be applied as such by the Muhlenberg Township Board of Commissioners, Planning Commission, Engineer and Zoning Officer in reviewing all subdivision and land development plans.
D.
Whenever other
regulations of the Muhlenberg Township Code impose more restrictive
standards, specifications and requirements than those contained herein,
such other regulations shall prevail.
E.
Where, in the opinion of the Muhlenberg Township Planning Commission and Engineer, the literal application of these design standards and/or required improvements would, in certain cases, cause undue hardship and/or is clearly unreasonable, the Planning Commission and Engineer may recommend reasonable exceptions. All such exceptions shall be consistent with the community development objectives of this Part 1 of this chapter of the Code and the established goals, objectives and policies of the Muhlenberg Township Comprehensive Plan. The Muhlenberg Township Board of Commissioners shall have the power to grant such exceptions, as recommended by the Planning Commission, upon written request by the applicant.
F.
The design standards and specifications identified within this Part 1 of this chapter of the Code may be modified by the applicant in the case of plans for complete communities, neighborhood units or other large-scale developments which, in the opinion of the Muhlenberg Township Board of Commissioners and Planning Commission, achieve substantially the objectives of these regulations and which are further protected by such covenants or other legal provisions as will assure conformity to and achievement of the subdivision or land development plan.
G.
Land subject
to hazards of life, health or property, such as may arise from fire,
floods, disease or other causes, shall not be subdivided or developed
unless such hazards have been eliminated or unless the subdivision
or land development plan shall show adequate safeguards against them
which shall be approved by the appropriate regulatory agencies.
H.
Subdivision and land development plans shall give due recognition to the Muhlenberg Township Comprehensive Plan and Zoning Ordinance (Chapter 355 of the Code) or to such parts thereof as may have been adopted pursuant to the Muhlenberg Township Code.
I.
All proposed
improvements that are to be considered as part of the proposed subdivision
or land development shall be planned and designed with consideration
to nearby developments or neighborhoods.
J.
All required improvements that are required to support a subdivision or land development shall be installed by the applicant or developer in accordance with the provisions of this Part 1 of this chapter of the Code and the Pennsylvania Municipalities Planning Code.[1]
[1]
Editor's Note: See 53 P.S. § 10101
et seq.
A.
General standards.
The following general design standards shall be applied to the proposed
transportation system providing service to a subdivision or land development:
(1)
The location,
arrangement, extent, grade and width of all streets shall conform
to the Muhlenberg Township Comprehensive Plan and/or to all other
official transportation plans or such parts thereof as may have been
adopted by Muhlenberg Township.
(2)
All proposed
subdivisions or land developments applications shall have adequate
access to the public street system of Muhlenberg Township.
(3)
The proposed
street system shall extend existing or recorded streets at the same
width as the existing or recorded streets, but in no case at less
than the required minimum width identified within this part of this
chapter of the Code.
(4)
Where in
the opinion of the Muhlenberg Township Planning Commission and Engineer
it is desirable to provide for street access to an adjoining property,
street stubs shall be extended to the boundary of such property. The
street stub shall meet the width requirements for a minor street or
cul-de-sac street. The developer of the tract shall properly grade
the street stub and provide an eight-inch stone base. The street stub
or right-of-way shall be granted as an easement to Muhlenberg Township.
(5)
If required
by the Muhlenberg Township Planning Commission or Engineer, new minor
streets shall be designed and located to facilitate through traffic.
In addition, the applicant shall give consideration to the extension
and continuation of collector streets into and from adjoining properties.
(6)
Where a proposed
subdivision or land development is of sufficient size to warrant an
interior circulation system, a clear hierarchy of streets shall be
designed and established.
(7)
Where a subdivision
abuts an existing street of improper width, grade or alignment, the
Muhlenberg Township Planning Commission and Engineer may require the
dedication of land sufficient to widen the existing street or correct
the improper grade or alignment.
(8)
Proposed
streets shall be logically adjusted to the topographic conditions
of the site so as to produce reasonable grades, proper drainage, sufficient
erosion control and suitable building sites.
(9)
Proposed
streets shall be laid out to avoid environmentally sensitive areas
such as floodplains, wetlands, sinkholes and steep slopes.
(10)
Where possible,
proposed streets should be oriented in a general east-west direction
to provide the opportunity for solar utilization and to maximize slopes
or grades facing a southerly direction.
(11)
Whenever
a subdivision or land development encroaches upon the legal right-of-way
of a state highway, a highway occupancy permit shall be issued by
the Pennsylvania Department of Transportation for the encroachment
and related site improvements.
(12)
Whenever
a tract to be subdivided or developed abuts or contains an arterial
or a major collector street, the Muhlenberg Township Planning Commission
may require restriction of access to the street by one or more of
the following methods:
(a)
Provision
of reverse frontage lots;
(b)
Provision
of service streets along the rear of the abutting lots, together with
prohibition of private driveways intersecting the arterial or major
collector streets;
(c)
Provision
of marginal access streets, provided that the reverse strips establishing
such marginal access streets shall be definitely placed within the
jurisdiction of Muhlenberg Township under an executed agreement meeting
the approval of Muhlenberg Township;
(d)
Provision
of an internal street system on which the proposed lots would have
proper frontage and access; or
(e)
The restriction
of ingress and egress involving left-hand turns onto or off of the
arterial or major collector street.
(13)
Private
streets (streets not to be offered for dedication) are prohibited
unless they meet the design standards of these regulations and are
constructed to the specifications of Muhlenberg Township.
(14)
Dead-end
streets are prohibited unless designed and constructed as cul-de-sac
streets.
(15)
New half
or partial streets shall be prohibited.
(16)
Whenever
a tract to be subdivided or developed borders on an existing half
or partial street, the other part of the street shall be platted within
such tract.
(17)
Service
streets (alleys) are prohibited in developments containing single-family
dwelling units, except where required to avoid direct access onto
an arterial street.
(18)
Service
streets (alleys) may be permitted in developments containing multifamily
dwelling units (townhouses and apartments) and nonresidential land
uses, provided that the service street is not the primary access point
to the development. Where permitted, the service street shall have
a minimum paved width of 24 feet.
(19)
The developer
of any residential land development or subdivision involving 15 or
more dwelling units shall contact the Muhlenberg School District prior
to municipal approval to establish an acceptable safe and convenient
location for a school bus stop.
(20)
A matrix
chart summarizing the design standards and specifications for proposed
streets servicing a subdivision or land development has been included
within Appendix C of this part of this chapter of the Code.[1] The provisions specified within this matrix chart shall
be subject to the interpretation of the Muhlenberg Township Planning
Commission and Engineer.
[1]
Editor's Note: Appendix C is included as an
attachment to this chapter.
B.
Street widths.
Unless otherwise permitted by Muhlenberg Township, the width or profile
view of all proposed streets shall be designed in accordance with
the following requirements:
(1)
Minimum street
right-of-way and cartway widths shall conform to the Muhlenberg Township
Comprehensive Plan and/or to all other official transportation plans
or such parts thereof as may have been adopted by Muhlenberg Township,
Berks County, or the Commonwealth of Pennsylvania. If not shown on
such plans, the required right-of-way and cartway widths shall be
as follows:
|
Street Width Requirements
| ||
|---|---|---|
|
Functional Street Classification
|
Right-of-Way Width
(feet)
|
Cartway Width
(feet)
|
|
Minor or local access street
|
53
|
33
|
|
Cul-de-sac street
|
53
|
33
|
|
Collector street
|
60
|
36
|
|
Arterial street
|
100
|
12 per travel lane
|
|
Marginal access or service street
|
33
|
24
|
(2)
Additional
right-of-way and cartway widths may be required by the Muhlenberg
Township Board of Commissioners or Planning Commission for the purpose
of promoting the public safety and convenience or to provide on-street
parking for certain developments.
(3)
Where a subdivision
or land development abuts or contains an existing street of inadequate
right-of-way width and/or cartway width, additional right-of-way width
and/or cartway width shall be dedicated and/or constructed to conform
with the standards of this part of this chapter of the Code.
(4)
Where a subdivision
or land development abuts or contains an existing street of inadequate
horizontal and/or vertical alignment, the Planning Commission may
require additional right-of-way width or cartway width in order to
improve public safety.
C.
Center-line road
grades. Unless otherwise permitted by Muhlenberg Township, the center-line
road grades shall be designed in accordance with the following requirements:
(1)
With the
exception of approaches at or through any street intersection, the
minimum and maximum center-line road grade shall comply with the following
design requirements:
|
Center-Line Road Grade Requirements
| ||
|---|---|---|
|
Functional Street Classification
|
Minimum Requirement
|
Maximum Requirement
|
|
Minor or local access street
|
1%
|
10%
|
|
Cul-de-sac street
|
1%
|
10%
|
|
Collector street
|
1%
|
8%
|
|
Arterial street
|
1
|
8%
|
|
Marginal access or service street
|
1%
|
10%
|
(2)
All approaches
to an intersection shall have a leveling area not exceeding 5% in
grade for a distance of 100 feet, as measured from the center line
of the intersecting street.
(3)
A crown or
cross-slope shall be maintained with a minimum slope of 2.08% or 1/4
inch per foot, as designed from the center line to the curb or edge
of the cartway.
D.
Horizontal and
vertical curves. Unless otherwise permitted by Muhlenberg Township,
all horizontal and vertical street curves shall be designed in accordance
with the following requirements:
(1)
Whenever
street lines are deflected in excess of 2°, the connection of
such street lines shall be made by horizontal curve.
(2)
Whenever
the algebraic difference of the center-line street grade exceeds 1%,
a vertical curve shall be designed to provide sufficient sight distance.
(3)
All proposed
horizontal and vertical street curves shall be designed in accordance
with the following minimum requirements:
|
Horizontal and Vertical Street Curve Requirements
| ||
|---|---|---|
|
Functional Street Classification
|
Minimum Center-Line Radii for Horizontal
Curves
(feet)
|
Minimum Sight Distance for Vertical Curves
(feet)
|
|
Minor or local access street
|
150
|
200
|
|
Cul-de-sac street
|
150
|
200
|
|
Collector street
|
300
|
300
|
|
Arterial street
|
500
|
400
|
|
Marginal access or service street
|
100
|
150
|
(4)
A tangent
of no less than 100 feet, as measured along the street center line,
shall be provided between all horizontal street curves.
(5)
To the greatest
extent possible, combinations of the minimum horizontal and vertical
street curves shall be avoided.
(6)
Where in
the best interest of the health, safety or general welfare of the
community, the Muhlenberg Township Planning Commission or Engineer
may require greater horizontal or vertical curve lengths in order
to overcome obstacles such as, but not limited to, center-line street
grades, street alignments, functional speed limits, existing land
uses and proposed land development activities.
E.
Street intersections
and curb radii. Unless otherwise permitted by Muhlenberg Township,
all proposed street intersections shall be designed in accordance
with the following requirements:
(1)
The center
lines of streets shall intersect at right angles unless existing conditions
dictate otherwise. No street shall intersect another street at an
angle of less than 70° nor more than 120°.
(2)
Street intersections
should be designed in a manner so the intersecting roads are directly
opposite from each other. No more than two streets shall intersect
at the same point.
(3)
The minimum
separation distance between street intersections shall be based upon
the functional classification of the road to which the proposed street
intersection is planned. The following design requirements shall apply
to the minimum separation distance between all proposed street intersections
and the minimum curb radii at all proposed street intersections.
|
Street Intersection and Curb Radius Requirements
| ||
|---|---|---|
|
Functional Street Classification
|
Minimum Separation Distance between Street
Intersections
(feet)
|
Minimum Tangential Arc for Each Curb Radius
(feet)
|
|
Minor or local access street
|
150
|
20
|
|
Cul-de-sac street
|
150
|
20
|
|
Collector street
|
500
|
30
|
|
Arterial street
|
1,000
|
40
|
|
Marginal access or service street
|
100
|
15
|
(4)
All proposed
street right-of-way lines shall be parallel to (concentric with) curb
arcs at intersections.
(5)
Where in
the best interest of the health, safety or general welfare of the
community, the Muhlenberg Township Planning Commission or Engineer
may require greater isolation distances and curb radii in order to
overcome obstacles such as, but not limited to, center-line street
grades, street alignments, functional speed limits, existing land
uses and proposed land development activities.
F.
Clear sight triangles.
Clear sight triangles shall be provided at all street intersections.
Within such triangles, nothing, except permitted street signs, traffic
lights or signs, utility poles and mailboxes, which impedes vision
between a height of 2 1/2 feet and 10 feet above the center-line
grades of the intersecting streets shall be erected, placed, planted
or allowed to grow. Such triangles shall be established as follows:
(1)
For intersections
involving a minor street, the dimension of the clear sight triangle
shall be established for a distance of 75 feet, as measured from the
middle of the intersection or where the center lines of the intersecting
streets cross.
(2)
For intersections
involving a collector street, the dimension of the clear sight triangle
shall be established for a distance of 100 feet, as measured from
the middle of the intersection or where the center lines of the intersecting
streets cross.
(3)
For intersections
involving an arterial street, the dimension of the clear sight triangle
shall be established for a distance of 150 feet, as measured from
the middle of the intersection or where the center lines of the intersecting
streets cross.
G.
Sight distance.
All proposed intersections shall have sufficient horizontal and vertical
sight distance in order to provide a safe and convenient point of
ingress and egress. The following provisions shall apply:
(1)
Sight distance
measurements shall be made in each direction from a point 10 feet
from the edge of the cartway and 3.5 feet above the road surface to
a point 3.5 feet above the center line of the road.
(2)
The minimum
sight distance requirements shall be based on the functional classification,
speed limit and grade of the intersecting street, utilizing the latest
standards of the American Association of State Highway and Transportation
Officials (AASHTO) and the Pennsylvania Department of Transportation.
(3)
A summary
chart of the minimum sight distance requirements has been included
within Appendix D of this part of this chapter of the Code.[2] Muhlenberg Township and/or the Pennsylvania Department
of Transportation may require additional sight distances than those
referenced on the summary chart by considering the functional classification
of the road, traffic volumes, vehicular speed, pedestrian movements,
land use and other relevant site conditions.
[2]
Editor's Note: Appendix D is included as an
attachment to this chapter.
H.
Cul-de-sac streets.
The following provisions shall apply to the design of cul-de-sac streets:
(1)
Cul-de-sac
streets may be permitted if the physical development conditions and/or
the tract configuration of the site limits the design options for
a through street or a loop street.
(2)
Dead-end
streets are prohibited unless designed as cul-de-sac streets or designed
for future access to adjoining properties.
(3)
Any street
dead-ended for access to an adjoining property or because of authorized
stage development shall be provided with a temporary, all-weather
turnaround within the subdivision, and the use of such turnaround
shall be guaranteed to the public until such time as the street is
extended.
(4)
Cul-de-sac
streets, permanently designed as such, shall not exceed 1,000 feet
in length and shall not furnish access to more than 20 dwelling units.
(5)
Cul-de-sac
streets, permanently designed as such, shall have a minimum length
of 250 feet measured from the edge of the cartway of an intersecting
street to the center of the bulb of the cul-de-sac.
(6)
Unless future
extension is clearly impractical or undesirable, the turnaround right-of-way
shall be placed adjacent to the tract boundary with sufficient additional
width provided along the boundary line to permit extension of the
street at full width.
(7)
The center-line
grade on a cul-de-sac street shall not exceed 10%, and the grade of
the diameter of the turnaround shall not exceed 5%.
(8)
All cul-de-sac
streets, whether permanently or temporarily designed as such, shall
be provided at the closed end with a fully paved turnaround having
a minimum radius of 50 feet. The right-of-way shall have a minimum
radius of 60 feet.
(9)
Drainage
of cul-de-sac streets shall preferably be towards the open end. If
drainage is toward the closed end, water shall be conducted away in
an underground storm sewer or other means acceptable to Muhlenberg
Township.
A.
All proposed
streets shall be graded, improved and surfaced to the grades and dimensions
on the approved plans, profiles and cross sections.
B.
All proposed streets shall be constructed and improved in accordance with all applicable standards that are specified under Chapter 303, Streets and Sidewalks, of the Muhlenberg Township Code.
C.
Additional right-of-way and cartway widths, beyond what is required within this Part 1 of this chapter of the Code, may be required by the Planning Commission in order to control traffic patterns, to lessen traffic congestion, to facilitate the adequate provision for future community or transportation improvements, and/or when clearly in the interest of the public health, safety, or general welfare.
D.
Where a subdivision
or land development abuts or contains an existing street of inadequate
horizontal and/or vertical alignment, the Planning Commission may
require adjustments in order to improve public safety.
E.
All storm drainage
facilities located within the ultimate right-of-way shall be designed
and constructed in accordance with the provisions of the Muhlenberg
Township Code.
A.
All proposed
street names shall be subject to the approval of Muhlenberg Township,
the Berks County Emergency Management Coordinator and the postmaster
having jurisdiction.
B.
Proposed streets
which are obvious extensions of existing streets shall bear the same
name as the existing street.
C.
In no case shall
the name of a proposed street duplicate an existing street name in
Muhlenberg Township and/or in the same postal district(s), irrespective
of the use of the suffix "street," "road," "avenue," "boulevard,"
"drive," "way," "place," "court" or "lane."
D.
Upon approval
of the proposed subdivision plan or land development plan, Muhlenberg
Township shall assign street addresses to all proposed lots or uses.
A.
All street signs,
including but not limited to traffic control signs, street signs,
and directional signs, shall be acquired and installed by the applicant.
All such street signs shall meet the minimum requirements of Muhlenberg
Township and the Pennsylvania Department of Transportation as well
as the provisions of the Americans with Disabilities Act.
B.
Where traffic
control signs are required, the applicant shall prepare and submit
all studies, engineering reports, and documentation for procuring
approval by Muhlenberg Township and/or the Pennsylvania Department
of Transportation.
C.
Streetlights
shall be provided at all street intersections within a proposed subdivision
or land development. The Muhlenberg Township Planning Commission may
require additional streetlights in order to provide safe and convenient
vehicular and/or pedestrian circulation.
D.
The type, quantity,
positioning and illumination of the selected streetlight shall be
subject to the approval of the Muhlenberg Township Planning Commission.
E.
Electrical installations for all streetlights shall be in accord with prevailing regulations and specifications established under Chapter 303, Streets and Sidewalks, of the Code and by the local utility company providing service. It shall be the responsibility of the contractor or his agent to have final construction inspected by an electrical inspection agency, and a written report attesting to this fact shall be submitted to Muhlenberg Township and the local utility company providing service.
A.
The length, width
and shape of blocks shall be determined with due regard to zoning
requirements, topographic conditions, environmentally sensitive lands,
and requirements for safe and convenient vehicular and pedestrian
circulation. Unless otherwise permitted by Muhlenberg Township, the
following provisions shall apply:
(1)
Blocks shall
have a maximum length of 1,600 feet and a minimum length of 500 feet.
(2)
In the design
of blocks longer than 1,000 feet, special consideration shall be given
to the requirements of satisfactory fire protection.
(3)
Residential
blocks shall be of sufficient depth to accommodate two tiers of lots,
except where reverse frontage lots are required along a major collector
or arterial street, or where prevented by physical site conditions.
(4)
Blocks in
nonresidential areas may vary from the design criteria indicated above
if the applicant demonstrates that the alternative design is essential
to the proposed development. In all cases, however, adequate provisions
shall be made for off-street parking, loading areas and traffic circulation.
B.
The size, shape
and orientation of proposed lots shall be appropriate for the type
of development and use contemplated. Unless otherwise permitted by
Muhlenberg Township, the following provisions shall apply:
(1)
Lots shall conform to the applicable minimum lot sizes, lot widths and setback requirements as set forth in Chapter 355, Zoning, of the Code.
(2)
Side lot
lines shall be at right angles to street-line tangents or radial to
street-line curves.
(3)
The depth-to-width
ratio of a residential lot shall not be less than one to one or greater
than three to one.
(4)
The depth-to-width
ratio of lots designated for nonresidential land development shall
be adequate for the land use proposed and sufficient to provide satisfactory
space for on-site parking, loading and unloading, setbacks, buffer
yards and landscaping.
(5)
Where feasible,
lot lines shall follow municipal boundaries rather than cross them,
in order to avoid jurisdictional problems.
(6)
Where feasible,
lots shall be orientated and sited to take advantage of solar energy.
(7)
Double or reverse frontage lots shall be avoided except as needed to avoid direct vehicular access onto an arterial or major collector street by individual driveways or to overcome physical site conditions. All permitted residential reverse frontage lots shall have frontage onto a minor or minor collector street. The rear-yard setback shall be established 75 feet from the ultimate right-of-way line of the arterial or major collector street. Between the rear-yard setback and the ultimate right-of-way line, a ten-foot-wide planting screen easement shall be established in order to prohibit vehicular access onto the arterial or major collector street. The easement shall contain evergreen plantings meeting the standards of § 355-102 of the Muhlenberg Township Zoning Ordinance.
A.
Unless otherwise
required by Muhlenberg Township, vertical curbs shall be required
for all subdivision and land development plans in accordance with
the following provisions:
(1)
Vertical
curbs shall be installed along both sides of all proposed streets.
(2)
Where it
is in the interest of controlling drainage or traffic patterns, vertical
curbs shall be installed along an existing or exterior street on which
a subdivision or land development abuts.
(3)
Vertical
curbs shall be installed within common parking areas for developments
containing multifamily uses or nonresidential uses.
B.
Unless otherwise
required by Muhlenberg Township, sidewalks shall be required for all
subdivision and land development plans in accordance with the following
provisions:
(1)
Sidewalks
shall be installed along both sides of the cartway in all proposed
residential subdivisions and land developments when the gross residential
density is greater than two dwelling units per acre or when zoning
district regulations permit the gross residential density to exceed
two dwelling units per acre.
(2)
Sidewalks
shall be installed along one side of the cartway in all proposed residential
subdivisions and land developments when the gross residential density
is greater than one dwelling unit per acre but less than two dwelling
units per acre or when zoning district regulations permit the gross
residential density to exceed one dwelling unit per acre.
(3)
At the discretion
of the Muhlenberg Township Planning Commission, a concrete or macadam
pedestrian pathway shall be installed along one side of the cartway
in all proposed residential subdivisions (except where the lot width
exceeds 200 feet) and land developments when the gross residential
density is less than one dwelling unit per acre or when zoning district
regulations do not permit the gross residential density to exceed
one dwelling unit per acre. The pedestrian pathway shall be at least
four feet in width.
(4)
Where in
the interest of public safety, sidewalks or a pedestrian pathway shall
be installed along an existing or exterior street on which a residential
subdivision or land development abuts.
(5)
Where in
the interest of public safety, sidewalks or a pedestrian pathway shall
be installed along the interior and/or exterior street on which a
proposed nonresidential subdivision or land development abuts.
C.
Unless otherwise
required by Muhlenberg Township, handicapped ramps shall be provided
at all street intersection and crosswalks. All such handicapped ramps
shall comply with the standards specified by Muhlenberg Township Code
as well as the provisions of the Americans with Disabilities Act.
D.
Crosswalks shall
be required whenever necessary to facilitate pedestrian circulation
and to provide access to community facilities. All such crosswalks
shall have a minimum width of 10 feet with a paved walk not less than
four feet wide.
A.
Monuments, as defined under Article II of this Part 1 of this chapter of the Code, shall be accurately placed at the following locations within a development:
(1)
At all external
property corners forming the perimeter of the development;
(2)
At each proposed
street intersection;
(3)
At the beginning
and end of all horizontal street curves;
(4)
At such places
where topographical or other site conditions make it impossible to
establish a line of sight between two otherwise required monuments;
and
(5)
At locations
deemed necessary by the Muhlenberg Township Engineer.
B.
C.
All required
monuments and markers shall be accurately set by a professional engineer
or land surveyor, who shall be registered within the Commonwealth
of Pennsylvania.
A.
Driveways or
access lanes shall be required to permit accessibility between a public
or private street to the existing or proposed use on the lot to which
it provides service. Unless otherwise specified by this Code, the
driveway or access lane shall be designed in accordance with the following
provisions:
(1)
No driveways
or access lanes shall be located, designed and constructed so as to
create a drainage or sedimentation problem on an adjacent property
or street.
(2)
All driveways
or access lanes shall be so constructed and maintained that the materials
of which the driveways are made will not wash nor be deposited upon
public roads.
(3)
Driveways
serving single-family detached or single-family semidetached uses
and/or two-family detached residential uses shall be located at least
50 feet from the nearest curbline of any existing or proposed street
intersection. The center-line grade of all such driveways shall not
exceed 12% and shall be designed with a leveling area of 5% within
the street right-of-way.
(4)
The following
provisions shall apply to dimensional requirements for residential
driveways:
(a)
All proposed
residential driveways and off-street parking areas located within
the R-1 and R-2 Zoning Districts shall be located at least five feet
from the side property line.
(b)
All proposed
residential driveways and off-street parking areas located within
the R-3, R-4, R-5 and C-1 Zoning Districts may be permitted along
the common property line, whereas no setback is required, provided
that all design issues relative to lot coverage, stormwater management,
erosion and sedimentation, and sight distance are resolved to the
satisfaction of Muhlenberg Township.
(c)
All preexisting
driveways and off-street parking areas located along a common property
line may expand up to 25% of the surface area, provided that all design
issues relative to lot coverage, stormwater management, erosion and
sedimentation, and sight distance are resolved to the satisfaction
of Muhlenberg Township.
(d)
Residential
lots located within a development that was approved prior to the enactment
of the Muhlenberg Township Zoning Ordinance of 2004 shall comply with
the design standards specified on the approved plan.
(5)
Unless otherwise
specified by Muhlenberg Township, all residential driveways shall
be constructed and paved to a width of 10 feet, which shall be subject
to the review of the Muhlenberg Township Engineer and Zoning Officer.
(6)
Driveways
serving single-family detached residential uses with more than one
acre of net land area may design and construct the driveway with a
stone base, provided that it is not located within 100 feet from the
nearest street or curbline of any existing or proposed street intersection.
The center-line grade of all such driveways shall not exceed 8% and
shall be designed with leveling areas of 5% within 20 feet of the
street line as well as the garage. All such residential driveways
shall be located at least 10 feet from the side property line and
shall be constructed in a manner that is mud-free, stable, passable
and meets the satisfaction of the Muhlenberg Township Engineer and
Zoning Officer.
(7)
The principal
driveway or access lane serving multifamily developments containing
more than 10 townhouse units or apartment units shall be located at
least 150 feet from the nearest curbline of any existing or proposed
street intersection. The center-line grade of all such driveways or
access lanes shall not exceed 10% and shall be designed with leveling
areas of 5% within 50 feet of any street line, common off-street parking
area or where other private driveways or access lanes intersect. All
such multifamily driveways or access lanes shall be located at least
15 feet from the side or rear property line and shall be paved to
a minimum width of 24 feet, which is constructed to the satisfaction
of the Muhlenberg Township Engineer and Zoning Officer.
(8)
The principal
driveway or access lane serving nonresidential uses shall be located
at least 150 feet from the nearest curbline of any existing or proposed
street intersection. The center-line grade of all such driveways or
access lanes shall not exceed 10% and shall be designed with leveling
areas of 5% within 50 feet of any street line, common off-street parking
area or where other private driveways or access lanes intersect. All
such nonresidential driveways or access lanes shall be located at
least 15 feet from the side or rear property line and shall be paved
with a minimum width of 24 feet, which is constructed to the satisfaction
of the Muhlenberg Township Engineer and Zoning Officer.
(9)
All driveways
and access lanes shall be located, designed and constructed as to
provide optimum sight distance and visibility at the intersection
with the existing or proposed street. As part of this requirement,
the minimum sight distance and safe stopping distance requirements
specified by Muhlenberg Township and/or the Pennsylvania Department
of Transportation shall be utilized to determine the optimum location
for all driveways and access lanes.
(10)
Clear sight
triangles shall be provided for all driveways and access drives at
all street intersections. Within such triangles, nothing, except permitted
street signs, traffic control signs, traffic lights, street lights,
mail boxes or utility poles, which impedes vision between a height
of 2 1/2 feet and 10 feet above the center-line grades of the
intersecting streets shall be erected, placed, planted or allowed
to grow. The dimension of the clear sight triangle shall be established
for a distance of 50 feet, as measured from the middle of the intersection
or where the center lines of the driveways or access roads intersect
with the intersecting street.
(11)
Driveways
or access lanes entrances shall not intersect the existing or proposed
streets to which they intersect at angles of less than 60° or
more than 120°. All such entrances shall be paved in accordance
with the provisions of the Muhlenberg Township Code.
(12)
A driveway
occupancy permit, issued by Muhlenberg Township, shall be required
for all proposed driveways entering onto a road which is currently
owned by or to be dedicated to Muhlenberg Township.
(13)
A highway
occupancy permit, issued by the Pennsylvania Department of Transportation,
shall be required for all proposed driveways entering onto a state
road.
B.
Where required
by the Muhlenberg Township Fire Chief, Police Chief, Emergency Management
Coordinator or Zoning Officer, a fire lane and/or fire apparatus access
road shall be located, designed and constructed in accordance with
the following provisions:
C.
Unless otherwise
specified by Muhlenberg Township or the Pennsylvania Department of
Transportation, all subdivision and land development activity located
along the frontage of collector streets and arterial streets shall
comply with the following highway frontage and access management requirements:
(1)
All areas
for off-street parking, off-street loading and unloading, and the
storage or movement of motor vehicles shall be physically separated
from the public street or highway by a raised curb, planting strip
or other suitable barrier against unchanneled motor vehicle entrance
or exit, except for the necessary accessways or access roads which
supply ingress and egress from such parking, loading or storage area.
(2)
Each use
with less than 100 feet of frontage along a public street shall have
not more than one point of ingress and egress to each such street.
No use with 100 feet or more frontage along a public street shall
have more than two points of ingress and egress to any one street
for each 300 feet of frontage. Where feasible, movement into and out
of parking areas shall avoid direct access to or from an arterial
street or major collector.
(3)
Unless otherwise
permitted by Muhlenberg Township or the Pennsylvania Department of
Transportation, where there is more than one driveway to an off-street
parking facility, the driveways shall be limited to one-way travel
either as a point of ingress or a point of egress to the off-street
parking facility. The width of such entrances and exits, as measured
at the right-of-way line, shall conform to the following schedule:
(4)
The radius
of the edge or the driveway apron shall be designed at a minimum radius
of 10 feet and a maximum radius of 30 feet.
(5)
The location
and width of the point of ingress and/or egress for all driveways
and access lanes shall be planned so as not to interfere with the
use of adjacent property and with pedestrian and vehicular traffic
on the collector or arterial street. Unless otherwise permitted by
Muhlenberg Township or the Pennsylvania Department of Transportation,
the center line of the driveway or access lane driveway shall be located
at least 150 feet from the intersection of any street lines.
D.
In order to enhance
mobility and limit accessibility along collector and arterial streets,
the following access management strategies shall be considered as
part of the subdivision and land development process:
(1)
Driveway
cuts along collector and arterial routes should be minimized or consolidated.
Where appropriate, common driveways for certain land uses or developments
may be considered.
(2)
The lot width,
type of land use, and the anticipated traffic volumes should determine
how many driveway cuts should be permitted along a collector or arterial
road. Where required, the traffic impact study should consider the
impacts that could adversely reduce mobility along the collector or
arterial route.
(3)
Where appropriate
to enhance safety conditions, traffic improvements shall be considered
as part of the subdivision and land development plan application,
which may include: the installation of traffic signals; the construction
of separate right-turn lanes and/or left-turn lanes; the installation
of median barriers to efficiently separate and direct vehicular traffic
to its intended destination; and requiring the installation of sidewalks,
handicapped ramps and crosswalks.
(4)
Prohibit
inappropriate turning movements along collector or arterial streets.
(5)
Maintaining
lines of sight and enhancing visibility at all driveways and access
lanes by establishing setback requirements, limiting the size of signs,
minimizing distractions, and establishing a horizontal profile that
will provide sufficient right-of-way to accommodate future transportation
improvements.
E.
Muhlenberg Township
may consider alternative methods of highway frontage development and/or
access management strategies, provided that the alternative provides
consideration for public safety, enhancing mobility and limiting accessibility
along collector and arterial streets.
A.
Where easements
or rights-of-way are required to accommodate utility installations,
such easements shall have a minimum width of 20 feet. New utility
easements and rights-of-way shall be located only upon consultation
with the appropriate utility company.
B.
Where feasible,
easements and rights-of-way shall be centered or adjacent to rear
or side lot lines. No structures, materials and/or trees shall be
placed within such easements and rights-of-way.
C.
Where a proposed
subdivision or land development is traversed by a watercourse, drainageway,
channel or stream, there shall be provided a drainage easement or
right-of-way conforming substantially with the line of such watercourse
and of such width as will be adequate to preserve the natural drainage
channel and provide sufficient width for maintenance. Stormwater management
and drainageway easements shall be no less than 20 feet in width,
or as directed by Muhlenberg Township, the County of Berks and/or
the Commonwealth of Pennsylvania. Stream and watercourse easements
shall be no less than 50 feet in width, or as specifically directed
by Muhlenberg Township, the County of Berks and/or the Commonwealth
of Pennsylvania.
D.
Right-of-way
standards and installation procedures for natural gas and petroleum
product transmission lines shall conform to all applicable federal
and state regulations, including regulations governing the width of
the right-of-way, location of pipeline within the right-of-way, the
proposed depth of the pipeline, and the pipe wall thickness. There
shall be a minimum distance of 50 feet, measured in the shortest distance,
between any proposed or existing dwelling and any petroleum products
or natural gas transmission line.
E.
Where feasible,
sanitary sewer collection lines and water supply lines shall be located
and installed within the right-of-way of a public street.
F.
All easements
or rights-of-way shall be properly described by bearings and distances.
The area occupied by any required easement or right-of-way shall not
be calculated as part of the net lot area.
G.
No easement or
right-of-way shall be created, recited and/or described in any deed
unless the same has been shown on the approved subdivision plan or
land development plan.
H.
Any deed conveying
a lot from an approved plan shall make reference to the approved plan,
including all easements and encumbrances referenced on the approved
plan. Where required by Muhlenberg Township, a representative description
expressing the references by which easements and encumbrances will
appear on all affected deeds shall be presented to the Muhlenberg
Township Engineer and Solicitor for their review prior to action on
the final plan.
A.
As part of all
subdivision and land development plan applications, the applicant
shall prepare and submit a stormwater management plan considering
the following criteria:
(1)
The stormwater
management plan shall be prepared considering all pertinent provisions
relating to drainage, runoff, infiltration, erosion and discharge,
as adopted by Muhlenberg Township.
(2)
The stormwater
management plan shall be prepared to consider all regional watershed
management plans, studies and ordinances that have been adopted or
endorsed by Muhlenberg Township.
(3)
The stormwater
management plan shall be prepared to consider the recommendations
pertaining to natural resources, floodplains, wetlands, stormwater
management and hydrological resource planning, as contained within
the Muhlenberg Township Comprehensive Plan.
(4)
The stormwater
management plan shall be prepared to consider the National Pollution
Discharge Elimination System (NPDES) Phase II Stormwater Permitting
Regulations.
(5)
The stormwater
management plan shall consider the implementation of best management
practices as endorsed within the Muhlenberg Township Comprehensive
Plan and/or as recommended by the Muhlenberg Township Engineer.
(6)
The stormwater
management plan shall be prepared to consider all pertinent local,
regional, state and federal permitting requirements.
B.
Unless otherwise
required by Muhlenberg Township, the stormwater management plan shall
contain the following:
(1)
Mapping of
the watershed area or areas in which the proposed subdivision or land
development is located.
(2)
A study shall
be performed of the watershed in which the subdivision or land development
is located to assess the impact the proposal will have on downstream
conditions. The stormwater management plan shall address all identified
impacts to the satisfaction of Muhlenberg Township.
(3)
Computations
of the stormwater runoff for all points of runoff concentration before
and after development, including all supporting data.
(4)
Complete
drainage systems for the subdivision or land development. All existing
drainage features which are to be incorporated as part of the design
shall be identified with a detailed explanation of the operations
of the facilities.
(5)
Plans showing
all existing and proposed drainage facilities affecting the subject
property, including plan views, profile views and/or detail sheets.
(6)
Computations
for all existing and proposed drainage structures that are associated
with the development.
(7)
Plans showing
proposed grading, including typical structure footprint(s) with first-floor
elevation(s).
(8)
Construction
details for all proposed facilities.
(9)
If in the
course of preparing or reviewing the stormwater management plan the
Muhlenberg Township Engineer determines that off-site improvements
are necessary to satisfactorily control the stormwater from the proposed
development, the developer shall be responsible for the off-site improvements.
(10)
A detailed
plan of all required off-site drainage improvements.
C.
All stormwater
management basins, ponds, pipes, structures and related site improvements
shall be located, designed, constructed and installed in accordance
with all requirements specified by Muhlenberg Township.
D.
All permits that
are required to satisfy the provisions of this chapter of the Muhlenberg
Township Code shall be obtained prior to municipal approval of the
subdivision or land development plan.
E.
Where certain
stormwater management improvements are inadvertently omitted from
the approved plan or if any inconsistencies arise between the approved
plan and the adopted requirements specified by Muhlenberg Township,
the applicant shall be responsible for the design, construction and
installation of those site improvements, as directed by the Muhlenberg
Township Engineer.
F.
All stormwater
management improvements shall be inspected and approved by the authorized
representative of Muhlenberg Township prior to the release of funds
held in escrow and/or the issuance of permits.
A.
No changes shall
be made to the contour of the land, and no grading, excavating, removal
or destruction of the topsoil, trees or other vegetative cover of
the land shall be commenced, until such time as a plan for minimizing
erosion and sedimentation has been processed and reviewed by the appropriate
local, county, state and/or federal agencies.
B.
All permits required
to implement the erosion and sedimentation control plan shall be obtained
from the appropriate agencies prior to municipal approval of the subdivision
plan or land development plan.
C.
The approval
of a subdivision plan or land development plan does not relieve the
developer's obligation to execute the erosion and sediment control
measures, as specified on the approved plans or as otherwise required
by local, state and federal laws.
D.
When erosion
and sedimentation control measures are required, the improvements
shall be incorporated within the municipal improvements agreement
and escrow.
E.
During the development
phase, the Muhlenberg Township Engineer or any other authorized representative
of Muhlenberg Township shall be provided with the opportunity to inspect
the site improvements and enforce compliance with the approved subdivision
plan or land development plan.
F.
Prior to the
issuance of an occupancy permit, the Muhlenberg Township Engineer
or any other authorized representative of Muhlenberg Township shall
conduct a site inspection to determine compliance with the approved
subdivision plan or land development plan. The occupancy permit shall
not be issued until all site improvements have been completed to the
satisfaction of the Muhlenberg Township Engineer.
A.
As part of all
subdivision and land development plan applications, the applicant
shall develop a plan for the collection, conveyance and treatment
of wastewater considering the following criteria:
(1)
The plan
for sewage disposal shall be consistent with the most recent Sewage
Facilities Plan, as adopted by the Muhlenberg Township Board of Commissioners
under the provisions of the Pennsylvania Sewage Facilities Act (PA
Act 537, as amended).
(2)
The plan
for sewage disposal shall consider the recommendations pertaining
to land use, sewage disposal and water supply, as contained within
the Muhlenberg Township Comprehensive Plan.
(3)
The plan for sewage disposal shall be consistent with the provisions specified under Chapter 288, Sewers and Sewage Disposal, of the Muhlenberg Township Code.
(4)
The plan
for sewage disposal shall be consistent with all pertinent design
requirements specified by the Muhlenberg Township Municipal Authority
and Pennsylvania Department of Environmental Protection.
(5)
The plan
for sewage disposal shall be prepared to consider all pertinent local,
regional, state and federal permitting requirements.
B.
Unless otherwise
permitted by Muhlenberg Township, all proposed land uses that are
located within a designated sewer service district or planned growth
area shall be required to connect to the municipal sewage disposal
system, subject to the following provisions:
(1)
The Muhlenberg
Township Municipal Authority shall review all such subdivision or
land development plan applications for the adequacy of the proposed
sanitary sewer improvements. The Board of Commissioners shall not
approve a proposed subdivision or land development plan until the
Muhlenberg Township Municipal Authority has issued a letter of adequacy
for the proposed sanitary sewer improvements.
(2)
All proposed
sanitary sewage disposal facilities shall be located, designed, constructed
and installed in accordance with the standards and specifications
of the Muhlenberg Township Municipal Authority and the Muhlenberg
Township Code.
(3)
The applicant
shall be responsible for any required off-site sanitary sewage disposal
improvements that may be necessary to accommodate the wastewater flow
from the development. All such off-site improvements shall be coordinated
with the Muhlenberg Township Municipal Authority.
(4)
Where required,
the appropriate planning modules or exemption requests shall be submitted
to Muhlenberg Township and the Pennsylvania Department of Environmental
Protection for review and consideration.
C.
Unless otherwise
permitted by Muhlenberg Township, all land uses that are located outside
of a designated sanitary sewer service district or planned growth
area shall be required to utilize on-lot sewage disposal technology
as the method for sewage disposal. All such on-lot sewage disposal
systems shall be subject to the following provisions:
(1)
The Muhlenberg
Township Sewage Enforcement Officer shall review all subdivision or
land development plans in which the proposed uses will utilize on-lot
sewage disposal systems. All field-testing procedures and applications
requirements shall be subject to the approval of the Sewage Enforcement
Officer. The Board of Commissioners shall not approve a proposed subdivision
or land development plan until the Sewage Enforcement Officer has
issued a letter of adequacy for the proposed on-lot sewage disposal
system.
(2)
All proposed
on-lot sewage disposal facilities shall be located, designed, constructed
and installed in accordance with the standards and specifications
of the Pennsylvania Department of Environmental Protection and the
Muhlenberg Township Code.
(3)
Where required,
the appropriate planning modules or exemption requests shall be submitted
to Muhlenberg Township and the Pennsylvania Department of Environmental
Protection for review and consideration.
D.
If municipal
sewage disposal service is not accessible to an approved subdivision
or land development but is planned to be accessible within five years
of final approval, the applicant shall install an approved capped
collection system within the limits of the subdivision or land development
in addition to the approved on-lot sewage facilities. The collection
and conveyance system shall be capped at the limits of the subdivision
or land development, and the laterals shall be capped at the street
right-of-way.
A.
As part of all
subdivision and land development plan applications, the applicant
shall develop a plan for water supply considering the following criteria:
(1)
The plan
for water supply shall be consistent with the most recent Sewage Facilities
Plan, as adopted by the Muhlenberg Township Board of Commissioners
under the provisions of the Pennsylvania Sewage Facilities Act (PA
Act 537, as amended).
(2)
The plan
for water supply shall consider the recommendations pertaining to
land use, sewage disposal and water supply, as contained within the
Muhlenberg Township Comprehensive Plan.
(3)
The plan for water supply shall be consistent with the provisions specified under Chapter 340, Water, of the Muhlenberg Township Code.
(4)
The plan
for water supply shall be consistent with all pertinent design requirements
specified by the Muhlenberg Township Municipal Authority and Pennsylvania
Department of Environmental Protection.
(5)
The plan
for water supply shall be prepared to consider all pertinent local,
regional, state and federal permitting requirements.
B.
Unless otherwise
permitted by Muhlenberg Township, all proposed land uses that are
located within a designated water supply service district or planned
growth area shall be required to connect to the municipal water supply
system, subject to the following provisions:
(1)
The Muhlenberg
Township Municipal Authority shall review all such subdivision or
land development plan applications for the adequacy of the proposed
water supply improvements. The Board of Commissioners shall not approve
a proposed subdivision or land development plan until the Municipal
Authority has issued a letter of adequacy for the proposed water supply
improvements.
(2)
All proposed
water supply facilities shall be located, designed, constructed and
installed in accordance with the standards and specifications of the
Muhlenberg Township Municipal Authority and the Muhlenberg Township
Code.
(3)
The applicant
shall be responsible for any required off-site municipal water supply
improvements that may be necessary to provide a reliable supply of
water to the development. All such off-site improvements shall be
coordinated with the Muhlenberg Township Municipal Authority.
C.
Unless otherwise
permitted by Muhlenberg Township, all proposed land uses that are
located outside of a designated water supply service district or planned
growth area shall be required to utilize on-lot water supply facilities
through individual well(s). All such individual water supply wells
shall be subject to the following provisions:
(1)
All proposed
individual on-lot wells shall be located, designed, drilled, constructed
and installed in accordance with the standards and specifications
of the Pennsylvania Department of Environmental Protection and the
Muhlenberg Township Code.
(2)
Each lot
to be served by individual on-lot water supply shall be of a size
and shape to permit the safe location for each well. All proposed
wells shall be located at least 100 feet from any on-lot sewage disposal
system and 50 feet from any watercourse or surface waters. Where feasible,
proposed wells shall not be located downgradient from any on-lot sewage
disposal system.
(3)
A hydrogeological
study shall be required for subdivision plans involving 20 or more
lots or for land development plans in which the estimated water usage
shall exceed 5,000 gallons per day. The hydrogeological study shall
be prepared by a professional hydrogeologist, who shall provide documentation
to conclude that the proposed individual well(s) will be capable of
supplying each lot or use(s) with a dependable supply of water and
that the proposed well(s) will not adversely affect the groundwater
table or existing wells near the project site.
D.
Unless otherwise
permitted by Muhlenberg Township, all proposed land uses that are
located outside of a designated water supply service district or planned
growth area may utilize a community water supply system through individual
well(s). All such community water supply systems shall be subject
to the following provisions:
(1)
All proposed
community water supply wells shall be located, designed, drilled,
constructed and installed in accordance with the standards and specifications
of the Pennsylvania Department of Environmental Protection, the Muhlenberg
Township Municipal Authority, and the Muhlenberg Township Code.
(2)
All proposed
community water supply wells shall be located at least 200 feet from
any sewage disposal system, 100 feet from any external property line,
and 100 feet from any watercourse or surface waters.
(3)
A detailed
hydrogeological study shall be prepared by a professional hydrogeologist,
who shall provide documentation to conclude the following:
(a)
That the
proposed community water supply well(s) will be capable of supplying
each lot or use(s) with a dependable supply of water. At a minimum,
the water source should be capable of supplying 150% of the average
daily demand, based on 100 gallons per day per person and/or 400 gallons
per day per dwelling unit, for the design population of the development
or the service area.
(b)
That the
water supply shall be drawn from an adequate and reliable source which
can supply the proposed storage facilities plus the water demands
of the proposed service area at all times, including the fire flow
demand during the average or peak daily consumption. A dynamic recovery
rate and draw-down test shall be conducted prior to preliminary plan
approval to demonstrate the capacity and safe daily yield of the community
well sources.
(c)
That the
proposed community water supply well(s) will not adversely affect
the groundwater table or existing wells near the project site.
(d)
That the
quality of the source shall conform to the minimum water quality requirements
of the Pennsylvania Department of Environmental Protection.
(e)
That a
minimum static pressure shall exceed 20 pounds per square inch at
any point within the community water supply system during the average
or peak daily consumption.
(4)
All community
water supply facilities shall be designed with a minimum of two well
sources.
(5)
The community
water supply wells shall be located within an open space water protection
zone with a minimum area of one acre in size. No structures other
than community water facilities and accessory components shall be
located within the protected zone.
E.
Unless otherwise
permitted by Muhlenberg Township, all proposed subdivisions and land
developments that are to be served by a public or community water
supply system shall provide fire hydrants. The proposed fire hydrants
shall comply with the following provisions:
(1)
Fire hydrants
shall be located no further than 1,000 feet apart, as measured along
the center line of each road. All residential dwelling units and nonresidential
principal buildings shall be located no farther than 600 feet from
an active fire hydrant.
(2)
Fire hydrants
shall be located in a manner to provide complete accessibility and
so that possibility of damage from vehicles or injury to pedestrians
will be minimized. Unless otherwise directed by the Muhlenberg Township
Municipal Authority, the barrel of the fire hydrant shall be set so
that no portion of the pumper or hose nozzle cap will be less than
18 inches from the curbline.
(3)
The type
and location of all required fire hydrants are subject to the review
and approval of the Muhlenberg Township Municipal Authority and the
local fire departments.
A.
All basic utility
service lines for electric, natural gas, cable television, and telephone shall be placed underground.
B.
The installation
of all utilities shall be in strict accordance with the engineering
standards and specifications of the public utility company.
C.
Where such underground
utilities are located under the proposed cartway, they shall be put
in place, connected and approved before the streets are constructed
and before any person is permitted to occupy any building to be served
by such utilities.
D.
Prior to municipal
approval, the applicant shall be responsible for contacting all utility
companies to determine the locations and depths of all underground
utilities within the tract of land being subdivided or developed.
E.
A complete list
of the applicable utility companies and their phone numbers shall
appear on the approved subdivision plan or land development plan.
A.
Pursuant to the provisions of the Muhlenberg Township Zoning Ordinance in Chapter 355 of the Code, certain subdivision and/or land development applications may require specific landscaping criteria to be incorporated as part of the subdivision plan and/or land development plan. The following chart provides a summary of these requirements:
|
Landscaping Requirements for Subdivision
and Land Development Activity
| |||
|---|---|---|---|
|
Type of Development
|
Minimum Landscaping Requirements
|
Buffer Yard
|
Landscaping Plan
|
|
Conventional single-family developments containing
10 or fewer dwelling units
|
3 trees per residential lot or unit
|
No
|
No
|
|
Conventional single-family residential developments
containing more than 10 dwelling units
|
3 trees per residential lot or unit
|
No
|
Yes
|
|
Multifamily townhouse developments containing
10 or fewer dwelling units
|
2 trees per townhouse unit
|
No
|
No
|
|
Multifamily townhouse developments containing
more than 10 dwelling units
|
3 trees per townhouse unit
|
Yes
|
Yes
|
|
Multifamily apartment developments
|
3 trees per apartment unit
|
Yes
|
Yes
|
|
Single-family residential cluster developments
|
3 trees per residential lot or unit
|
Yes
|
Yes
|
|
Age-qualified or continuing care retirement
communities
|
3 trees per residential lot or unit
|
Yes
|
Yes
|
|
Mobile home parks
|
3 trees per residential unit
|
Yes
|
Yes
|
|
Nonresidential uses and developments with less
than 5,000 cumulative square feet of gross floor area
|
4 trees per acre
|
Optional
|
No
|
|
Nonresidential uses and developments with 5,000
cumulative square feet of gross floor area or more
|
4 trees per acre
|
Optional
|
Yes
|
|
General notes concerning this chart:
|
|---|
|
Note 1: The provisions specified on this chart
are intended to be the basic landscaping requirements. Additional
provisions for landscaping, buffer yards and other general requirements
may apply.
|
|
Note 2: Muhlenberg Township may consider alternative
design requirements as part of the subdivision plan application or
land development plan application
|
|
Note 3: The landscaping materials and trees shall be selected from the approved list of landscaping material, as referenced under § 310-48C of this Subdivision and Land Development Chapter.
|
|
Note 4: All subdivision and land development applications shall be subject to the provisions of woodland extraction and replacement, as specified under § 355-33 of the Zoning Chapter.
|
|
Note 5: All subdivision and land development
applications shall be subject to the provisions of tree protection
and replacement, as specified under the Muhlenberg Township Code.
|
B.
Where zoning
district or development regulations require landscaping, trees, buffer
yards, screening and/or planting strips, the applicant shall prepare
and submit a landscaping plan to comply with the following provisions:
(1)
The landscaping
plan shall show the following information: the location and arrangement
of each buffer yard; the species, placement and size of all plant
material selected; the type, placement and size of all fences to be
placed in such buffer yards; and the type and density of planting,
which shall adequately provide the screening effect required.
(2)
The plant materials utilized shall be selected from the approved list, as contained under § 310-48C of this chapter.
(3)
Unless otherwise
permitted by Muhlenberg Township, all plant materials shall be permanently
maintained and any plant material which does not survive shall be
replaced within six months.
(4)
Any portion
of a site which is not utilized for buildings, accessory structures,
loading or parking spaces, aisles, sidewalks and designated storage
areas shall be planted with an all-season ground cover and shall be
landscaped according to an overall plan.
(5)
Off-street parking areas shall be suitably landscaped in order to enhance or buffer the surrounding area. The design provisions specified under § 355-115W of the Zoning Chapter are intended to provide basic criteria for landscaping. Muhlenberg Township may consider alternative designs as part of the subdivision plan or land development plan. All such alternatives shall be considered as part of a waiver request in accordance with the provisions of Chapter 310 of the Code.
(6)
All buffer
yards shall be maintained and kept clean of debris, rubbish, weeds
and tall grass.
(7)
If permitted
by Muhlenberg Township, natural berms may be provided as a buffer
yard. The applicant shall demonstrate that the soil type, hydrology,
topography and selected landscaping material are appropriate for the
area in which the buffer yard is to be located. All such natural berms
shall be properly graded to a maximum side slope ratio of 4:1. The
natural berms shall be properly stabilized by the developer in accordance
with the standards specified by Muhlenberg Township and the Berks
County Conservation District.
(8)
Buffer yard
or screening requirements between nonresidential uses shall be subject
to the review of Muhlenberg Township as part of the subdivision plan
or land development plan.
(9)
Muhlenberg
Township shall have the right to modify or consider alternatives to
any of the above specifications if the applicant can demonstrate that
the existing conditions of the site exceeds all applicable requirements
listed under this section of the Subdivision and Land Development
Chapter.
(10)
All selected
trees shall be planted a minimum of 10 feet outside of the legal right-of-way
of all existing and proposed streets.
(11)
All selected
plant or tree materials shall be located so as not to interfere with
the installation and maintenance of sidewalks, drainage facilities
and/or utilities.
(12)
The strategic
placement of trees throughout the development to serve as a buffer
against the wind and sun is encouraged for energy conservation purposes.
(13)
All plant
materials shall be located so as not to create an existing or potential
traffic hazard.
(14)
All selected trees and/or all other plant materials exceeding two feet in height above average ground elevation at maturity shall not be located within the limits of the clear sight triangle, as further defined and regulated under § 355-96 of the Zoning Chapter and § 310-33 of this Subdivision and Land Development Chapter.
(15)
Landscaping
plans shall be prepared by a professional landscape architect or other
qualified professional with experience in landscape architecture.
C.
Unless specifically
stipulated within this chapter, the following is an approved list
of selected trees, hedges and/or shrubs which may be utilized to meet
the standards and specifications for buffer yards and landscaping.
Species selection shall be based upon the existing physical and natural
conditions of the site.
(1)
Canopy trees
are permitted, provided they are a minimum of two inches in caliper
as measured at breast height. The following is an approved list of
canopy trees:
|
Acer ginnala - Amur maple
|
|
Acer rubrum - red maple
|
|
Acer saccharum - sugar maple
|
|
Betula alba - European white birch
|
|
Fagus grandifolia - American beech
|
|
Fagus sylvatica - European beech
|
|
Fraxinus americana - white ash
|
|
Fraxinus pennsylvania lanceolata - green ash
|
|
Ginkgo Biloba - Ginkgo (male only)
|
|
Gleditsia triacanthos inermis - thornless honey
locust
|
|
Liquidambar styraciflua - sweet gum
|
|
Liriodendron tulipifera - tulip tree
|
|
Phellondendron amurense - Amur cork tree
|
|
Platanus acerifolia - London plane tree
|
|
Quercus alba - white oak
|
|
Quercus borealis - red oak
|
|
Quercus coccinea - scarlet oak
|
|
Quercus palustris - pin oak
|
|
Quercus phellos - willow oak
|
|
Robina psuedoacaia inermis - thornless black
locust
|
|
Sophora japonica - Japanese zelkova
|
(2)
Flowering
trees are permitted, provided they are a minimum of 10 feet in height.
The following is an approved list of flowering trees:
|
Amelanchier canadensis - shadblow serviceberry
|
|
Cornus florida - flowering dogwood
|
|
Cornus kousa - Kousa dogwood
|
|
Cornus mas - Cornelian cherry
|
|
Crataegus phaenopyrum - Washington hawthorn
|
|
Koelreuteria paniculata - golden rain tree
|
|
Laburnum vossi - goldenchain
|
|
Magnolia soulangeana - saucer magnolia
|
|
Malus baccata - Siberian crab
|
|
Malus floribunda - Japanese flowering crab
|
|
Malus hopa - Hopa red-flowering shrub
|
|
Oxydendrum arboreum - sourwood
|
|
Prunus calleryana - Kwanzan cherry
|
|
Prunus yedoensis - Yoshino cherry
|
(3)
Evergreen
trees are permitted, provided they are a minimum of six feet in height.
The following is an approved list of evergreen trees:
|
Ilex opaca - American holly
|
|
Picea abies - Norway spruce
|
|
Picea omorika - Serbian spruce
|
|
Picea pungens - Colorado spruce
|
|
Pinus nigra - Austrian pine
|
|
Pinus strobus - Eastern white pine
|
|
Pinus sylvestris - Scotch pine
|
|
Pinus thunbergii - Japanese black pine
|
|
Pseudotsuga menziesli - Douglas fir
|
|
Tbuja occidentlis - arborvitae
|
|
Tsuga canadensis - Canada hemlock
|
|
Tsuga caroliniana - Carolina hemlock
|
(4)
Hedges or
hedgerows are permitted for buffer and screening purposes, provided
they are a minimum of four feet in height. The following is an approved
list:
|
Crataegus crus-galli - cockspur thorn
|
|
Crataegus intricata - thicket hawthorn
|
|
Crataegus phaenopyrum - Washington hawthorn
|
|
Elaeagnus augustifolia - Russian olive
|
|
Forsythia intermedia - border forsythia
|
|
Syringa chinensis - Chinese lilac
|
|
Syringa vulgaris - common lilac
|
|
Tbuja occidentlis - arborvitae
|
|
Viburnum alatus - viburnum
|
|
Viburnum sieboldii - Siebold viburnum
|
|
Viburnum tomentosum - doublefile viburnum
|
(5)
Shrubs are
permitted for buffer and screening purposes, provided they are a minimum
of three feet in height. The following is an approved list of shrubs:
|
Hamamelis vernalis - vernal witch hazel
|
|
Hamamelis virginiana - common witch hazel
|
|
Ilex verticillata - winterberry
|
|
Juniper virginiana - upright juniper
|
|
Phyacantha lalandi - Laland firethorn
|
|
Taxus capitata - upright yew
|
|
Taxus hicksi - Hicks yew
|
|
Viburnum dentatum - arrowwood viburnum
|
|
Viburnum lantana - wayfaring tree viburnum
|
D.
As part of the application phase for a subdivision plan or land development plan, Muhlenberg Township may permit alternative trees, hedges and/or shrubs from those specified under § 310-48C, provided the applicant or developer provides sufficient evidence from a landscape architect or other qualified professional to demonstrate that the alternative tree, hedge and/or shrub will be more effective to meet the standards and specifications for buffer yards and landscaping. Species selection shall be based upon the existing physical and natural conditions of the site.
E.
Where compliance
with the landscaping provisions of this Code cannot be achieved, Muhlenberg
Township may permit the required trees or landscaping materials to
be planted at an off-site location deemed appropriate by Muhlenberg
Township or accept a contribution in lieu of the landscaping requirements.
F.
Chapters 310 and 355 of the Muhlenberg Township Code contain provisions for landscaping, trees, buffer yards, screening and/or planting strip. Should conflicts exist between any design or procedural requirements, Muhlenberg Township may consider the most prudent design for the site as part of the subdivision plan or land development plan. All such alternatives shall be considered as part of a waiver request in accordance with the provisions of Chapter 310 of the Code.
G.
Any tree, plant,
shrub, flower, vine or grass species which has been classified as
invasive, noxious or destructive by any local, county, state or federal
agency, including the Pennsylvania Department of Agriculture, shall
be specifically prohibited for use in landscaping and ground cover.
H.
The following
provisions shall be considered as a guarantee concerning the survival
of all buffer yards and landscaping, which are required as part of
the subdivision and/or land development plan application:
(1)
Any tree
or shrub, which dies within 18 months of planting shall be replaced
within a six-month time period. Any tree or shrub which within 18
months of planting or replanting is deemed, in the opinion of Muhlenberg
Township, to have grown in a manner uncharacteristic of its type shall
be replaced.
(2)
Substitutions
for certain species may be permitted only when approved by the Board
of Commissioners.
(3)
The developer
or landowner shall deposit with Muhlenberg Township a sum of money
equal to the amount necessary to cover the cost of purchasing, planting,
maintaining and replacing all vegetative materials for a period of
18 months. This condition shall be satisfied through an executed agreement
between Muhlenberg Township and the developer.
A.
During the review
phase of any subdivision or land development plan, the Muhlenberg
Township Planning Commission shall consider the adequacy of existing
or proposed community facilities to serve the proposed development.
The Planning Commission shall utilize the applicable components of
the Muhlenberg Township Comprehensive Plan as well as the Muhlenberg
Township Code to provide background support and guidance.
B.
The applicant
shall give earnest consideration to the desirability of providing
or reserving areas for community facilities normally required in residential
neighborhoods, including educational facilities, utility services,
emergency management facilities and recreational facilities.
C.
Land or water
areas provided or reserved for community facilities should provide
sufficient area to accommodate any proposed buildings, structures
and off-street parking areas. All such areas should be located in
an area of the development which is accessible to the general public.
A.
Pursuant to the
procedures and requirements of the Pennsylvania Municipalities Planning
Code,[1] Muhlenberg Township has prepared and enacted the Muhlenberg
Township Comprehensive Recreation Open Space Plan. This particular
plan has been developed for the following purposes:
(1)
To guide,
control and manage growth within Muhlenberg Township.
(2)
To examine
the existing parks, recreational facilities and open space areas in
relationship to the current and projected demands.
(3)
To establish
the future need for parks, open space, and recreation areas and facilities.
(4)
To establish
priorities for acquisition, development, and improvement of parks
and recreation facilities.
(5)
To analyze
the recreation programs as well as the administration and management
of facilities and services to determine their level of efficiency
and recommend improvements.
(6)
To examine
funding options in order to acquire, develop, construct and/or maintain
recreation facilities and open space.
(7)
To implement
the established goals, objectives and policies identified within the
Muhlenberg Township Comprehensive Plan.
[1]
Editor's Note: See 53 P.S. § 10101
et seq.
B.
During the review
phase of a subdivision or land development plan, Muhlenberg Township
shall refer to the Muhlenberg Township Comprehensive Recreation Open
Space Plan to determine if the existing or proposed recreational facilities
and/or common open space areas are sufficient to serve the proposed
development.
C.
Muhlenberg Township
shall determine if land within the proposed development should be
devoted for recreation and open space or if a fee in lieu of recreation
land should be required from the applicant, as permitted under the
authority of the Pennsylvania Municipalities Planning Code and Muhlenberg
Township Code. All guidelines, standards and formulas for land dedication
and/or fees in lieu of land dedication are recommended as part of
the Muhlenberg Township Comprehensive Recreation Open Space Plan and
as further established within Muhlenberg Township Ordinance No. 350,
as amended.[2]
D.
If land or water
areas are to be dedicated as parks, recreation areas and/or open space,
the applicant shall make arrangements (suitable to Muhlenberg Township)
for the perpetual ownership and maintenance of such land. Muhlenberg
Township may, at its discretion, accept land for dedication.
E.
The applicant
shall consult with Muhlenberg Township concerning any applicable review
fees which may be required as a result of the proposed subdivision
or land development. If review fees are required, the applicant shall
comply with the established procedures specified by Muhlenberg Township.
A.
This section
sets forth minimum criteria for the installation, use and maintenance
of exterior lighting, the purposes of which are to require lighting
in outdoor public places where safety and security are concerns; protect
drivers and pedestrians on nearby streets from glare from nonvehicular
light sources that shine directly into their eyes and thereby impair
safe travel; shield neighboring properties from glare resulting from
excessive light sources and from nonexistent or improperly directed
or shielded light sources; limit the height of light standards to
preclude or lessen light pollution; and promote efficient design and
operation with regard to energy conservation.
B.
Unless otherwise
specified by the Muhlenberg Township Code, exterior lighting facilities
shall be required for access drives, off-street parking areas and
off-street loading areas involving nonresidential uses, multifamily
residential uses, and other permitted uses that may require exterior
lighting, as determined by Muhlenberg Township. Pursuant to the approval
of any plans or permits, Muhlenberg Township shall have the authority
to require lighting to be incorporated for other uses or locations
where, in its reasonable discretion, such lighting is warranted.
C.
Where required
by Muhlenberg Township to demonstrate compliance with the provisions
of the Code, a lighting plan shall be prepared and submitted in accordance
with the following criteria:
(1)
A lighting
plan shall be submitted for review and approval for all applications
and uses which require exterior lighting.
(2)
The lighting
plan shall include a schematic layout of all proposed exterior fixture
locations, footcandle data, and a plat demonstrating intensities and
uniformities within the limitations established within the Code, as
well as the manufacturer's description of the equipment (catalog cuts),
glare control devices, lamps, mounting heights and means, proposed
hours of operation of the lighting, and maintenance schedule. Illumination
intensities shall be plotted on a ten-foot-by-ten-foot grid.
(3)
The applicant
shall submit a visual impact photometric plan that demonstrates both
light coverage and light spillage resulting from the proposed lighting
plan and the provision for adequate measures to mitigate nuisance
from light pollution and disabling glare, both on the use or development
site and on adjacent properties.
D.
The following
design standards and illumination specifications shall apply to driveways,
access drives, off-street loading areas and off-street parking areas:
(1)
Lighting
facilities located within off-street parking areas and loading areas
for all uses and developments requiring exterior lighting, or in connection
with signs and recreational and institutional activities, shall provide
an illumination level utilizing the current recommended standards
of the Illuminating Engineering Society of North America (IESNA),
except as otherwise required by the provisions of this chapter.
(2)
For all applications,
Muhlenberg Township may impose a more stringent lighting standard
requiring less illumination as a condition of any such approval when
it determines the same to be necessary to protect adjoining properties
or streets from light pollution and/or glare.
(3)
Where exterior
illumination is required to comply with this chapter, the most current
intensities and uniformity ratios, as established in the Lighting
Handbook of the Illuminating Engineering Society of North America
(IESNA), shall apply. As part of any application, Muhlenberg Township
may consider alternative design methods and specifications, provided
that such alternative meets the purpose statement and community development
objectives of this chapter.
(4)
In no case
shall illumination exceed 0.5 footcandle measured at the property
lines, except at driveway entrances, provided the illumination at
the cartway center line of the contiguous street shall not exceed
1.0 footcandle, unless a more stringent standard is ordered by Muhlenberg
Township.
(5)
The lighting
standards within off-street parking areas shall be located no more
than 100 feet apart. The applicant shall consider the spacing and
height of the lighting standards as well as the intensity of the illumination
to disperse the desired lighting in a uniform manner within the off-street
parking area.
E.
The following
design standards, illumination specifications, installation provisions
and maintenance requirements shall apply for exterior lighting for
residential and/or nonresidential uses:
(1)
Lamp types
and colors shall be in harmony within the adjacent community, any
special circumstances existing on the site, and with surrounding lighting
facilities. The lamps shall be consistent and shall not create a mix
of types, colors, heights and/or illumination.
(2)
Canopy lighting
shall be located on the undersurface (ceiling) of the canopy and shall
be limited to flush-lens fixtures mounted on the canopy ceiling. Drop-lens
fixtures shall be prohibited. In no event shall any other lighting
fixtures be located on or otherwise attached to or used to light a
canopy or any area of the property adjacent to the canopy. Outdoor
canopies include, but are not limited to, the following applications:
fuel island canopies associated with service stations and convenience
stores; exterior canopies above storefronts, mini malls, shopping
centers and shopping malls; exterior canopies above driveways and
building entrances; soffits; pavilions; and gazebos.
(3)
With the
exception of security lighting, all exterior lighting for any commercial,
industrial, institutional and recreational use shall be reduced by
50% between the hours of 10:00 p.m. and 6:00 a.m. Security lighting
shall only be considered to illuminate specified areas between a building
and off-street parking area, as considered necessary and appropriate
by Muhlenberg Township.
(4)
All lighting
fixtures shall meet IESNA full cutoff criteria. No lighting shall
be permitted which shines directly into residential units, or results
in glare beyond an angle of 30° from a vertical plane, measured
from the light source.
(5)
Light fixtures,
including mounting base, shall not exceed 25 feet in height above
finished grade. The applicant shall consider the spacing and height
of the lighting standards as well as the intensity of the illumination
to disperse the desired lighting in a uniform manner within the off-street
parking area.
(6)
All lighting
sources shall be effectively shielded and shall be installed and/or
aimed so as to shield nearby public or private streets and neighboring
properties from direct-glare light radiation, or light pollution which
may create a safety hazard or a nuisance.
(7)
Illuminated
signs shall have an indirect lighting source or shielded source.
(8)
The use of
vegetation, fences and similar screening methods shall be utilized
to supplement glare or cutoff control devices.
(9)
Fixtures
used for architectural lighting, such as facade, feature and landscape
lighting, shall be directed so as to preclude light projection beyond
the immediate objects, which are intended to be illuminated as an
architectural feature.
(10)
Within
the R-1, R-2, R-3, R-4 and R-5 Zoning Districts, the use of floodlighting,
spotlighting, or other high-intensity lighting over 100 watts shall
be located, directed and aimed in a manner so that it does not produce
light trespass in excess of 0.2 footcandle at the lot line of any
adjacent property line. All such lighting fixtures shall be installed
and directed so that they do not project their output into adjacent
uses, skyward or public street. All such lighting shall be reduced
by 50% between the hours of 10:00 p.m. and 6:00 a.m.
(11)
With the
exception of all-night operations, lighting for commercial, industrial,
municipal, recreational and institutional uses shall be controlled
by automatic switching devices, such as time clocks or combination
motion detectors and photocells, to permit the reduction of exterior
lighting by 50% between the hours of 10:00 p.m. and 6:00 a.m. in order
to mitigate nuisance glare and sky lighting consequences.
(12)
Electrical
feeds to all lighting standards shall be installed underground and
not overhead.
(13)
The lighting
support structures and poles utilized to illuminate an off-street
parking area or loading area shall be placed a minimum of five feet
from the curb stops or curbline, or placed on a concrete pedestal
at least 30 inches above the surface of the pavement.
(14)
The applicant
or landowner shall be responsible for the replacement of any damaged
or nonfunctional lighting standards, bulbs, light shields or cutoff
fixtures, lens, timing devices, electrical components and/or other
lighting feature.
(15)
The applicant
or property owner shall install all required lighting fixtures and
facilities at his expense. Light fixtures and poles shall be in accordance
with a lighting plan approved by the Muhlenberg Township, as part
of the application for subdivision, land development, conditional
use, special exception and/or building permit.
(16)
The applicant
or property owner shall be responsible for all costs involved in the
maintenance, upkeep and operation of all required lighting facilities.
F.
Muhlenberg Township
reserves the right to conduct a post-installation nighttime inspection
to verify compliance with the requirements of this chapter. If it
is determined that any lighting source or installation creates a safety
or personal security hazard due to insufficient illumination levels
or produces unacceptable levels of nuisance glare, light pollution,
or skyward light, the property owner shall be so notified and required
to take timely remedial action at his expense to resolve the problem.
If the appropriate remedial or corrective action has not been completed
within 30 days of notification, the property owner shall be issued
an enforcement notice and shall be subject to the penalty provisions
specified by Muhlenberg Township.
G.
Muhlenberg Township
may consider optional design and site development alternatives if
the standard requirements are determined to be unwarranted or inappropriate
based upon the existing site conditions. If approved, the optional
design and site requirements shall be considered as part of the zoning
permit, subdivision or land development plan.
A.
Purpose. The
purpose of this section is to better ensure that adequate park and
recreational areas and facilities are available to meet the needs
of all future residents in accordance with the Comprehensive Open
Space, Parks and Recreation Plan of Muhlenberg Township.
C.
Applicability.
(1)
The provisions
of this section shall apply to all subdivisions that propose dwelling
units.
(2)
The provisions
shall apply to:
(a)
All subdivisions
or portions thereof that have not received final plan approval from
the Township Commissioners prior to the effective date of this section.
(b)
All subdivisions
or portions thereof that have received final plan approval prior to
the effective date of this section, whenever these subdivisions or
portions thereof have not been fully improved or the mandatory dedication
requirements were not satisfied within five years of final plan approval.
D.
Amount of land
to be dedicated and transfer requirements.
(1)
The amount
of land required to be dedicated in each subdivision shall be determined
by utilizing the following formula: 0.03 acre of land for each dwelling
unit proposed or possible to be constructed as shown on the final
plan application.
(2)
The amount
of land required to be dedicated shall be transferred to the Township
by deed of dedication in fee simple or otherwise as determined by
the Township Commissioners at the time of final plan approval. Title
to land shall be good and marketable for single title, free and clear
of all liens and encumbrances, and insurable as such at regular rates
by a title insurance company doing business in Berks County, Pennsylvania.
E.
Minimum conditions
and requirements governing the Township Commissioners acceptance of
land proposed for dedication.
(1)
The land
to be dedicated must be compatible with the goals, objectives and
recommendations of the Township Comprehensive Open Space, Parks and
Recreation Plan.
(2)
The Township
Commissioners shall consider the following criteria in determining
whether the land is suitable for recreational purposes:
(a)
A minimum
of 20% of the total land area required by this section to be provided
for recreation may be located within the one-hundred-year floodplain
area or have a slope in excess of 7% or any combination thereof.
(b)
A minimum
of 80% of the land will be relatively flat topography that does not
exceed 7%, on dry ground not considered floodplain or wetlands by
any state or federal agency, with suitable soil conditions for development
and use as a recreation area.
(c)
The dedicated
land must be readily and safely accessible to all residents. The site
must have good ingress and egress, and one side must abut a public
street for a minimum distance of 53 feet.
(d)
Size,
dimensions and shape of the site shall be suitable to accommodate
those park and recreation activities deemed appropriate to the location
as determined by the Township Parks and Recreation Department.
(e)
Site(s)
must be complete with all improvements (e.g., storm drainage, sidewalk,
curbing, streets, utilities, etc.) required in the subdivision. Site(s)
must also be cleared and graded as required by the Township Commissioners
to blend into the subdivision and to be prepared for the intended
recreational use.
(f)
Land shall
not be subject to or in any way encumbered by rights-of-way streets,
easements or any restrictive covenants, unless the Township Commissioners
determine that such items shall not interfere with the use of said
land for recreational purposes.
(g)
The subdivider
shall provide and pay for any tests, investigations, inspections,
or surveys as required by the Township Commissioners so as to assure
the Township Parks and Recreation Department of the immediate availability
of the land for recreational use. Such tests, investigations, inspections
or surveys may include, but not be limited to:
F.
Fees in lieu
of land dedication
(1)
In the event
a suitable recreational site cannot be properly located in the development,
as determined by the Township Commissioners, then the owner, developer
or subdivider shall pay a fee to the Township Parks and Recreation
Department equal to the value of the land and improvements prescribed
for dedication but not accepted.
(2)
Payment of
all fees shall be made and completed at the time of final subdivision
or land development approval and prior to recording of such final
plan in the office of the Recorder of Deeds.
(3)
All fees
paid to the Township Parks and Recreation Department shall be deposited
into the Parks Development Fund and used solely for the purpose of
providing park and recreational facilities reasonably related to serving
the subdivision. Interest earned on said account shall become part
of that account.
(4)
Fees may
be used by the Township Parks and Recreation Department for land acquisition
or improving existing parkland, including costs incidental and ancillary
to such purposes, such as but not limited to planning, engineering,
and design.
(5)
The amount
of such fee shall be based upon the average estimated fair market
value of improved residential land as established by resolution of
the Township Commissioners. This average estimated fair market figure
shall be adjusted as deemed necessary to keep current with land value.
(6)
If the subdivider
objects to the fair market value determination, then the subdivider
may, at his/her own expense, obtain an appraisal of the subdivision
land by a qualified real estate appraiser mutually agreed upon by
the Township Parks and Recreation Department and the subdivider, which
appraisal may be considered by the Township Commissioners in determining
the fair market value.
G.
Determination
of land or fee.
(1)
The Township
Commissioners following recommendation by the Township Parks and Recreation
Department shall determine whether to accept land dedication, require
payment of a fee in lieu thereof, or a combination of both.
(2)
The Township
Parks and Recreation Department shall develop its recommendation after
consideration of the following:
(a)
Minimum
site conditions and subdivider requirements specified in this section.
(b)
Availability
and accessibility of existing parkland.
(c)
Compatibility
of dedication with the Township Comprehensive Open Space, Park and
Recreation Plan.
(d)
Impact
of adjoining land uses on the recreational use of land proposed for
dedication.
(3)
The determination
of the Township Commissioners as to whether land shall be dedicated
or a fee charged, or a combination thereof, shall be final and conclusive.
H.
Credit for private
recreation improvement. Where a substantial private park and recreational
area is provided in a proposed subdivision and such space is to be
privately owned and maintained by the future residents of the subdivision,
partial credit, not to exceed 50%, may be given against the requirement
of land dedication or payment of fees in lieu thereof, approved by
the Township Commissioners after determination by the Township Parks
and Recreation Department that it is in the public interest to do
so and that all the following standards are met:
(1)
That yards,
court areas, setbacks, and other open areas required to be maintained
by the zoning and building ordinances and regulations shall not be
included in the computation of such private open space.
(2)
That the
private ownership and maintenance of the open space is adequately
provided for by recorded written agreement, conveyance or restrictions.
(3)
That the
use of the private open space is restricted for park and recreational
purposes by recorded covenant, which runs with the land in favor of
the future owners of property and which cannot be defeated or eliminated
without the consent of the Township Commissioners or its successors.
(4)
That the
proposed private open space is reasonably adaptable for use for park
and recreational purposes, taking into consideration such factors
as size, shape, topography, geology, access, and location.
(5)
That the
open space for which credit given is a minimum of two acres and provides
recreational improvements that will meet the specific recreation and
park needs of the future residents of the subdivision.
(6)
That the
private recreational improvements specified be completed as required
by the Township Commissioners during the first phase of subdivision
construction.
I.
Procedure.
(1)
The Township
Engineer, upon receipt of a preliminary plan submission, shall distribute
one copy to the Township Parks and Recreation Department for review
and recommendation. The review and recommendation shall include the
following:
(a)
The amount
of land required, or that a fee shall be charged in lieu of land,
or that land and a fee shall be required, and/or that a stated amount
of credit shall be given for private recreation facilities or unique
natural and special features, etc.
(b)
The location
of the land to be dedicated or use of in-lieu fees.
(2)
A copy of
the Township Parks and Recreation Department's review and recommendation
shall be forwarded to the Township Planning Commission and the Township
Commissioners within 30 days of the submission date on the plan.
(3)
The subdivider/land
developer/owner shall dedicate the land and/or pay the fees as determined
by the Township Commissioners before the recording of a final plan
in the Recorder of Deeds' office.
(4)
The deed
for dedicated land shall be recorded and shall contain the following
restrictive clause: "This land was acquired for perpetual public park
and open space purposes through the implementation of Township Subdivision
Regulations."
(5)
Open space
covenants for private park or recreational facilities shall be submitted
to the Township Parks and Recreation Department prior to approval
of the final subdivision plan and shall be recorded contemporaneously
with the final subdivision plan.
[1]
Editor's Note: The provisions of this section
were adopted 6-19-2000 by Ord. No. 350. Said ordinance was included
as this section of the Code at the direction of the Township.
