Township of Unity, PA Design and Improvement Standards

Land and all sites proposed for development shall be suited for the purpose for which it is to be developed.

Those areas of sites having steep slopes shall not be subdivided or developed unless such deficiencies can be avoided or eliminated as provided in this chapter.

Those areas of sites containing land subject to flooding as shown on the official FEMA Flood Insurance Maps for Unity Township shall not be subdivided unless such deficiencies can be avoided or eliminated as provided in this chapter.

Block requirements.

Blocks shall have a maximum length of 1,200 feet and, as far as practicable, a minimum length of 500 feet. In design of blocks longer than 800 feet, special consideration should be given to the requirements for satisfactory fire protection under § 104-34A of this chapter and include traffic calming measures.

Interior pedestrian walks or easements may be required in blocks more than 800 feet long. The right-of-way of such walks shall not be less than 15 feet in width with a minimum paved sidewalk width of five feet. A greater width may be required as necessary to facilitate pedestrian circulation. Interior walks shall be maintained by the abutting property owners in the same manner as sidewalks on public or private streets, or by a community association or other similar owner. Any required sidewalk shall comply with the requirements of the Americans With Disabilities Act, as amended and in effect at the time final approval by the Township is given.

Residential blocks shall be of sufficient depth to accommodate two tiers of lots, except where through lots are permitted to border an arterial street or collector street, railroad, watercourse or other natural barrier.

Lot requirements. Lot dimensions and areas shall not be less than specified by provisions of Chapter 118, Zoning, and shall also conform to the following requirements designed to abate threats to the public health, safety and welfare:

Every lot shall be provided with access adequate for the use of public safety vehicles and other public and private purposes and shall be served by a public or private street system, improved in accordance with this chapter and connected to the general street system.

Side lines of lots shall be approximately at right angles to straight streets and on radial lines on curved streets wherever feasible. Pointed or very irregular lots shall be avoided unless such variations shall improve the overall neighborhood design.

Through lots shall be avoided except where essential to provide separation of residential development from traffic arteries or to overcome specific disadvantages of topography and orientation. A buffer zone, across which there shall be no right of access, shall be provided along the line of lots abutting such arterial street or other disadvantageous use. Through lots, when permitted, shall clearly designate the primary access point on the plat.

Lots shall be laid out and graded to provide positive drainage away from buildings and water wells.

In cases where lots have frontage along two or more streets, the minimum setback requirements along each street shall be equal to the front setback requirements for the zoning district in which the lot is located.

Lots for nonresidential uses shall be of such size and shape as may be suitable for their prospective use and designed to provide sufficient space for off-street parking and loading, water supplies and sanitary sewage disposal (if either or both are to be provided by individual on-lot facilities). The minimum lot dimensions shall be in accordance with those required in Chapter 118, Zoning, for the district in which such lot is located.

§ 104-29 Stormwater and drainage easements.

Width. Easements with a minimum width of 20 feet shall be provided as necessary for storm drainage structures, swales, sanitary sewers and other utilities measured from the center of said pipe or swale. If an existing watercourse is used for stormwater management purposes, a stormwater easement or drainage right-of-way of width sufficient for the purpose shall be provided.

Location. To the fullest extent possible, easements shall be located adjacent to rear lot lines or side lot lines.

Grading. The developer shall properly grade, provide fencing (when deemed necessary by the Township Engineer), and stabilize the slopes of open ditches and drainage swales, consistent with Chapter 99, Stormwater Management.

Drainage easement. Where a site is traversed by a watercourse used for stormwater management purposes, there shall be provided a drainage easement or right-of-way conforming substantially with the line of such watercourse and of such width as will be adequate to preserve natural or man-made drainage, as determined by the Township Engineer, or as may be required or directed by the DEP.

Discharge over other properties. Where stormwater or surface water will be gathered within the subdivision or land development and discharged or drained in volume over lands within or beyond the boundaries of the subdivision or land development before discharging into an existing stream or stormwater management structure, the applicant or owner shall reserve or obtain easements over all lands affected. Such easements shall be adequate for such discharge of drainage and for the carrying such water off-site, and for the maintenance, repair, and reconstruction of the easement, including provisions for the right of passage by vehicles, machinery and other equipment for such purposes. Such easements shall be of sufficient width, as determined by the Township Engineer for such passage and work. The owner shall convey such easements upon request and at no cost to the Township.

Curved lots. The easements at the rear of lots facing on curvilinear streets should consist of straight lines with a minimum number of points of deflection.

Indication on plan. Rights-of-way or easements for any purpose whatsoever shall be shown on the recorded plan.

§ 104-30 Dedication of land for recreational facilities or the payment of fees in lieu thereof.

Purpose. All residential and commercial subdivisions or land development plans submitted after the effective date of this chapter shall provide for suitable and adequate recreation facilities in order to:

Ensure adequate recreational areas and facilities to serve the future residents of the Township;

Maintain compliance with recreational standards, as developed by the National Recreation and Parks Association and the Recreation Commission;

Reduce increasing resource usage pressure on existing recreational areas and facilities;

Comply with the Parks and Recreation Plan for the Township with regard to size and distribution of recreation areas;

Allow for acquisition and development of additional recreation areas as outlined by the Parks and Recreation Plan;

Ensure that all present and future Township residents have the opportunity to engage in many and varied active and passive leisure and recreational pursuits;

Reduce the possibility of the Township becoming overburdened with the development and maintenance of many small, randomly planned and widely separated recreation areas; and

(8)

Provide for a subdivider/developer to contribute to the Township's parks and recreational resources to ensure planned improvement of recreational resources with the Township's growth and development.

Definitions. As used in this section, the following terms shall have the meanings indicated:

ACTIVE RECREATION

Any activity that requires some physical exertion on the part of the participant.

ACTIVE RECREATION AREA

Any area developed in such a manner as to be conducive to those activities that fall within the range of active recreation. Examples: athletic fields and hard-surfaced courts, pools, large dams, nonmotorized bicycle and walking trails, open turf areas and apparatus areas.

LEISURE

Time not committed to making a living or involved with other necessary support functions; discretionary or free time.

PASSIVE RECREATION

Any activity that requires little or no physical exertion on the part of the participant.

PASSIVE RECREATION AREA

Any area developed in such a manner as to be conducive to those activities that fall within the range of passive recreation. Examples: scenic vistas, natural areas, craft areas, meeting areas, sitting areas, walkways, sunbathing, gardens, streams and impoundments, social events, picnicking and viewing areas.

RECREATION

Any activity, whether structured or not, in which individuals voluntarily engage during their leisure. Examples would include:

ACTIVESports (individual, dual, team, co-recreational and combative), athletics; both land- and water-based;

PASSIVEArts and crafts, viewing, picnicking, nature study and board games;

EITHER, DEPENDING ON SPECIFICSDance, drama, music, games, skills, social recreation, special events, hiking/walking, nonmotorized bicycling, hobbies, outdoor educational activities and cultural activities.

Exemptions. The following are exempt from the provisions of this chapter:

Any residential subdivision or land development plan, whether single-family and/or multifamily that contains fewer than 10 dwelling units.

Any commercial subdivision or land development plan.

Any Planned Group Unit unless said development shall opt to be included under the provisions hereof.

Recreation area requirements.

The amount of land required to be provided for recreational purposes for residential subdivisions or land development plans shall be as follows:

Single-family developments. In the case of plans and developments solely for single-family residential dwellings, the developer shall provide a minimum of 2,000 square feet per lot.

Multiple-family developments. In the case of plans and developments involving multiple-family dwellings or any mix of single-family and multiple-family units outside of a PRD, a minimum contiguous area of 20% of the total area of the land being developed, exclusive of roadways, easements and usable lands, shall be provided for recreation.

PRDs. Land required to be provided for recreational purposes shall be set aside as required by the provisions of this chapter regulating Planned Residential Developments.

A maximum of 25% of the total land area required by this article to be provided for passive recreation or active recreation not requiring above-ground structures or facilities, may consist of floodplain areas.

Such land set aside shall be suitable to serve the purpose of active and/or passive recreation by reason of its size, shape, location and topography and shall be subject to the approval of the Township.

The developer shall make adequate provisions to assure retention of stormwater and provide for the future maintenance and upkeep of the dedicated areas. The Township has the discretion to retain title or some other proprietary interest in the premises dedicated, or to require another designated entity to retain ownership and maintenance responsibilities, provided deed covenants or other safeguards accomplishing the purpose and intent of this section are incorporated into each deed in the development and/or imposed upon a homeowner's association or on individual property owners within the development.

Criteria for locating proposed recreation areas. The Township shall apply the following guidelines in determining whether to approve the proposed location of recreation areas in any subdivision or land development plan:

Site or sites should be easily and safely accessible from all areas of the development to be served, nearby to good ingress and egress points, and have access to a public road; however, no public road shall traverse the site or sites.

Site or sites should have suitable topography and soil conditions for use and development as a recreation area.

Size and shape for the site or sites should be suitable for development as a particular type of park. Sites will be categorized by the Township using the standards established by the National Recreation and Parks Association (Publication No. 10005, latest edition).

The design and development of recreation areas shall be done in accordance with the standards established by the National Recreation and Parks Association, copies of which may be obtained from the Township.

Site or sites should, to the greatest extent possible, be easily accessible to essential utilities, water, sewer and power.

Site or sites should meet minimum usable acreage sizes consistent with the National Recreation and Parks Association standards, with 75% of such area having a maximum slope of 7%. No area shall have a slope in excess of 25%.

Site or sites should be compatible with the objections, guidelines and recommendations set forth in the Unity Township Comprehensive Plan, as amended from time to time.

Dedication to Township.

In a case where the developer does not wish to retain the required recreation area, such area may be dedicated to the Township for public use.

Such area dedicated to the Township for public use shall be suitable for recreational purposes by reason of size, shape, location, topography and access.

The Township may find dedication to be impractical:

Due to the size, shape, location, access, topography, drainage or other physical features of the land; or

Because such dedication would adversely affect the subdivision of land development and its future residents or occupants; or,

That there is no land area within the proposed subdivision which is practical for dedication to the public because of size, access, topography or other physical characteristics.

Land which is to be dedicated to the Township for recreational use shall be specifically located on the recorded plat and dedicated to the Township by notation on the recorded plat. The mere dedication of such land shall not constitute an acceptance by the Township and the Township may accept or refuse such dedication at its sole discretion. If a dedication is accepted, the Township must do so by resolution adopted at a duly advertised public meeting.

Fee in lieu of dedication.

Where the size, shape, location, access, topography or other physical features of the land make it impractical to dedicate land to the Township or set aside a recreation area as required by this chapter, the Township may accept a payment of a fee in lieu of dedication of such land which shall be payable to the Township upon approval of each phase of the development by the Township. Provisions for the payment of such fee shall be included in the developer's agreement for the subdivision.

The calculation and payment of the recreation fee shall be as follows:

$1,000 shall be assessed for each dwelling unit per phase.

Such fee shall be paid to the Township according to the provisions of § 104-30H of this chapter as set forth hereafter.

All monies must be used within three years from the date such fee was paid. Any person who paid said fee under this section may receive a refund of such fee, plus interest accumulated thereon from the date of payment.

All fees collected by the Township under this subsection shall, upon its receipt by the Township, be deposited in an interest-bearing account, clearly identifying the specific recreational facilities for which the fee was received. Interest earned on such accounts shall become funds of that account. Funds from such an account shall be expended only in proper allocable portions of the cost incurred to construct the specific recreational facilities for which the funds were collected.

Timing of payment. This fee in lieu of dedication shall be due and payable either:

At the time of approval of each plan or phase for all lots established therein; or

Upon submission of a written waiver by the Township of the payment terms identified in § 104-30H(1) herein, prior to the issuance of a building permit for each lot or parcel subject to the same. Such fee shall be paid at the time application for a building permit is made, In such case, the three year period for the expenditure of such funds shall thereafter begin to run on the date from the date the building permit is issued.

Requirements for recreational plan approval. The plan for the recreation areas must be shown on a drawing 24 inches by 36 inches together with four copies of same. The plan shall include the locations and widths of all proposed streets, alleys, rights-of-way and easements, proposed lot lines with approximate dimensions, proposed minimum setback lines for each street, locations of all proposed active and passive recreation areas and development to include types of equipment, facilities and approximate dimensions of such facilities.

§ 104-31 Floodplains.

Compliance with other ordinances. In addition to the requirements of this chapter, all development in floodplain areas shall comply with the standards of Chapter 118, Zoning, Chapter 57, Floodplain Management, and other applicable regulations of the Township, county, state and federal codes and statutes.

Permits required. No new construction or development shall be allowed in a floodplain unless a permit is obtained from FEMA or the DEP, Bureau of Dams and Waterway Management, and approval has been obtained from Unity Township in compliance with Chapter 57, Floodplain Management.

§ 104-32 Mined land areas.

Developer certification of sub-surfaced mined area. The developer shall certify by note on the plan that any proposed building or structure or street of any type is not within any sub-surface mined area with less than 100 feet of overburden according to official mining maps produced by the Bureau of Mines. No construction of any building or structure or street of any type may be initiated on or within these areas until a geotechnical investigation, as specified herein, has been completed and the report with recommendations has been submitted to and reviewed by the Township Engineer and approved by the Township.

Geotechnical investigations and subsidence risk assessment reports. Prior to the initiation of the construction of any structure or building or street in areas identified in Subsection A, a project geotechnical engineer shall be retained and a detailed geotechnical investigation and subsidence risk assessment report prepared by a Pennsylvania-licensed professional engineer, qualified in the field of mined land reclamation, shall be submitted and approved as a part of the application for preliminary approval. The report shall include an evaluation of the potential site engineering and structural modifications which would minimize any hazards of construction on the site.

Core borings. The geotechnical investigation for areas of past subsurface mining activity shall include core borings as recommended by the Township Engineer. The developer shall submit a mine subsidence risk assessment report which identifies and recommends the most suitable construction location and practices for the proposed development of the site.

Evaluation of overburden. A mine subsidence risk assessment report for subsurface mined areas shall include a detailed evaluation of the integrity and nature of the overburden and the risk of subsidence, which may occur naturally or may be caused by the loading of the overburden. The report shall include a review of the proposed construction and shall recommend specific construction and site development procedures for the proposed site development that shall be required as part of the site development and/or imposed as conditions on the issuance of any building permit by the Township.

Evaluation of fill material. A mine subsidence risk assessment report for surface mined areas shall include a detailed evaluation of the character and stability of the material used to fill the mine excavation and the risk of potential settlement which may be caused by the loading of said material by proposed structures. The report shall include a review of the proposed construction and shall recommend specific construction and site development procedures for the proposed site development.

Location of mine features and wetlands. The geotechnical investigation for all previously mined land shall accurately locate and map all known mine features whether on or off the development site, within 300 feet of proposed structures. Such mapping shall include the known limits of the mine, and any surface features resulting from mining activity such as mine waste dump areas, seepage areas and wetlands.

Subsidence, runoff, drainage, etc. The geotechnical investigation shall identify any environmental problems associated with the previously mined land such as subsidence, acid run-off, residual ponding, disturbed drainage patterns, unstable spoils piles or decreased water quality which may affect construction occupation or environmental integrity of the site.

Inclusion of reports necessary for preliminary plan approval. The application for preliminary plan approval shall include the geotechnical investigation, a mine subsidence risk assessment report, all approvals for necessary permits or applications for such permits and a statement of the ways in which the proposed development avoids or eliminates potential hazards of the previously mined site which shall be certified by a Pennsylvania-registered professional engineer having a specialty in this area of practice.

Location of structures and improvements. All plans for structures and improvements on the site submitted with the application for development shall clearly delineate the limits of previous mining activity and the limits of the area susceptible to potential subsidence or settlement. All such delineation shall be clearly labeled as to effect, limitations, and existing conditions.

Requirements for final plan approval. No final approval shall be granted until the developer proves to the satisfaction of the Township that:

No known hazard will result from the proposed development.

All modifications recommended in the subsidence risk assessment report have been incorporated into the development proposal.

All necessary permits and approvals have been granted and evidence of such has been presented by the developer.

Any continuing negative effects of past mining activities will be eliminated by the proposed improvements.

All current federal, state, county, or Township standards for environmental and water quality shall be equaled or exceeded by the proposed development of the site.

§ 104-33 Steep slopes.

Other permits and compliance required. No alteration, disturbance or construction of any type shall be approved or initiated, and no application for final approval shall be approved for sites having any portion of their area proposed for development on or within 50 feet of any steep slope until the provisions of this chapter, Chapter 118, Zoning, and any other applicable federal, state, county, or Township regulations have been satisfied.

Erosion and sedimentation control plans. No final approval of the application for development shall be given until all required state, county and Township grading, sedimentation and erosion control permits or approvals have been issued and submitted to the Township.

Delineation on survey maps. The developer shall clearly delineate all steep slope area(s) on certified survey maps submitted with all applications for development. If slopes of 25% or greater do not exist, the developer shall certify the non-existence of such features on the plan.

Limitations on construction. No building sites shall be designated or improved steep slope areas except as permitted by this chapter.

Geotechnical investigation and report required. When development activity within a steep slope area is proposed, a geotechnical investigation and report shall be required to assess the short and long-term stability of the site and the possible effects on neighboring properties of developing the proposed site in the proposed manner. These areas and the proposed development shall be investigated and documented in a statement by a registered professional engineer prior to final approval. This slope investigation shall determine the engineering characteristics and physical properties of the slopes, soil deposits and underlying rock strata, which are proposed for use in structural foundations. Materials used for earthwork construction shall be similarly evaluated.

Sites containing special soils or water conditions. A geotechnical investigation report prepared by or under the direction of a professional engineer, experienced in soil and foundation engineering, shall be submitted for site plans located on sites where special soil or water conditions are deemed by the Township to be potentially hazardous. The required soils report must be prepared in accordance with this chapter and other applicable state or county regulations.

Content and requirements for geotechnical investigations and reports. The site geotechnical investigation should contain at least, the following detailed factual information, analysis, and recommendations:

Surface features. Surface contours, old construction, rock outcrops (if any), watercourses, ditches, ponds, wooded areas, filled-in areas, and old slide areas.

Hydrologic features. The presence of seepage zones, depth to groundwater, and the possible fluctuations with the seasons.

Subsurface features:

Plotted, horizontal and vertical record of the stratification of the soil and rock deposits.

Information on the relative density of granular soils in the different strata and on the consistency of cohesive soils.

Information on subsurface geologic features and past mining activity, including depth of overburden.

Exploration methods. Physical explorations can be carried out by several methods. Field Exploration Plans must be submitted to the Township for review and approval. It is generally sufficient to secure soil samples at intervals of five feet in depth or at changes in the material. The intervals should be determined by such conditions as the soils encountered and/or the type of structure.

Groundwater measurements. The investigation and report shall contain information on groundwater elevations, including depth of permanent and perched water tables. Water levels should be determined upon completing the boring and again approximately 24 hours later.

Classifications and descriptions. Direct observation of soils samples from various depths and locations will be required for correlation with the known geology of the area. Classification and description of soils will be performed using standards acceptable to the Township.

Laboratory testing. The nature of any laboratory testing program should be dependent upon the characteristics of the soils and the anticipated geotechnical problems analysis.

Incorporation of recommendations. The recommendations resulting from such investigations, and reports on steep slopes and other identified soil or water condition hazards, shall be reviewed by the Township. Incorporation of any recommendations may be required as conditions of final approval.

Construction of roads, bridges, utilities and facilities. All public and private roads, bridges, utilities and other facilities shall be located, designed and constructed to a void steep slope areas or to withstand any anticipated soil or rock movement.

Minimization of cuts and fills. Road and utility alignments and grades shall minimize cuts and fills.

Correction prior to construction. Hazardous slope conditions on a site must be corrected prior to beginning any construction in the area of the hazardous slope.

Cut and fill slopes. The requirements of this section are designed to be minimum requirements and may be increased by the Township if necessary for safety and stability or to prevent damage of abutting properties from sedimentation, or erosion or to provide access for slope maintenance and drainage. Retaining walls may be used to reduce the required setbacks when approved by the Township.

Setbacks from property lines. The tops of cuts and toes of fill slopes shall be set back from the outer boundaries of the area to be disturbed including slope return areas and easements.

§ 104-34 Drainage and terracing.

Construction. Drainage facilities and terracing shall be consistent with the provisions of DEP regulations, the DEP Erosion and Sedimentation Control Handbook, the stormwater management ordinance provisions of this section and Chapter 99, Stormwater Management.

Subsurface drainage. Cut and fill slopes shall be provided with subsurface drainage as necessary for stability. All runoff calculations shall be provided for review and approval by the Township.

Disposal. All drainage facilities shall be designed to carry waters to the nearest practicable drainage way, approved by the Township and/or other appropriate agency having jurisdiction, as a safe place to deposit such waters. Erosion of ground in the area of discharge shall be prevented by installation of stilling basin, energy dissipaters or other approved devices at the outfall of storm pipes.

§ 104-35 Erosion control.

Slopes. The faces of cut and fill slopes shall be prepared and maintained to prevent erosion. All such slopes shall be protected in compliance with Westmoreland Conservation District regulations.

Temporary controls. Temporary erosion control devices or methods shall be employed prior to and during site construction.

Permanent controls. Permanent erosion control procedures or devices shall be established and approved prior to the release of any bonds.

§ 104-36 Sanitary regulations.

Sewage disposal systems. On-site soil absorption and sewage disposal systems or any part thereof shall be prohibited in steep slope areas, as regulated by the Pennsylvania Department of Environmental Protection (DEP).

Absorption areas. On-site soil absorption and sewage disposal systems (septic tanks, absorption fields, and seepage beds and pits) shall require permit approvals where any part of any such system is proposed to be installed within 50 feet of steep slope areas. The application shall include a map delineating the topography and the boundaries of regulated slopes and shall be in conformance with all Pennsylvania DEP and county regulations.

§ 104-37 Vegetation.

Preservation of existing conditions. All existing vegetation on steep slopes shall be preserved in its natural condition. On steep slopes no more than 20% by area of the natural vegetative cover may be removed for construction purposes or any other activity, unless a program approved by the Township for reforestation of disturbed areas is guaranteed by the developer.

Time for re-establishment of vegetation. Where slope alteration necessitates disturbance of existing vegetation, both temporary and long-term vegetation shall be established within 60 days of the initial disturbance. The Township may extend this time limit at the request of the developer if such extension does not contribute to increased potential for landslide activity, erosion or low side sedimentation or sediment pollution to a waterway.

§ 104-38 Administration and inspection.

Operations prohibited in steep slope areas. Operations or activities that increase loads, reduce slope support or otherwise cause instability are prohibited in these areas.

Review for compliance with recommendations. The licensed professional engineer who prepared the soils geotechnical report shall review the preliminary and final development plan for compliance with recommendations expressed in the report.

Inspections and as built drawings. Inspections shall be performed at critical stages of the work. Such inspections shall be at the expense of the developer. The owner must notify the Township of the need for inspection at each of the following stages:

Initial inspection. When work is ready to begin, but before any grading or brush removal is started.

Toe inspection. After the natural ground is exposed a prepared to receive fill, but before any fill is placed.

Excavation inspection. After the excavation is started, but before the vertical depth of the excavation exceeds 10 feet.

Fill inspection. After the fill replacement is started, but before the vertical height of the lifts exceeds 10 feet. Structural fills shall be inspected more regularly by the on-site inspector according to a schedule determined by the Township Engineer.

Drainage device inspection. After forms and pipes are in place, but before any concrete is poured.

Rough grading. When all rough grading has been completed. This inspection may be called for at the completion of the rough grading.

Final. When all work has been completed, including installation of all drainage structures and other protective devices, and the grading plan and required reports have been submitted.

(8)

"As-built" drawings showing all completed work, including the topography, and all structures and improvements within 100 feet of the steep slopes, shall be provided to the Township prior to the issuance of any construction permits and prior to the release of all bonds of the developer by the Township. Said drawings must consist of two sets of reproducible plans labeled as "record plans." Said drawings may also be required to be submitted in a digital format so that they may be directly imported into the Township's geographical information system.

§ 104-39 Public water supplies.

Proof of availability. If water within a subdivision or land development is to be provided by means other than by private wells owned and maintained by the individual owners of lots within the subdivision, the developer shall present evidence to the Township that the subdivision or development is to be supplied by a certified public utility, a bona fide cooperative association of lot owners, or by a municipal corporation, authority or utility. A copy of a Certificate of Public Convenience from the public water authority serving the development or a cooperative agreement or a commitment or agreement to serve the area in question, whichever is appropriate, shall be acceptable as evidence.

Mandatory extension and connection to public water systems. Where an approved public water system is within 1,000 feet from the subdivision or land development, all necessary mains and laterals for connection from the lots to the system, as shown on the preliminary plan and final plans, shall be installed by the developer. In the event the terms of the Pennsylvania Uniform Construction Code require the installation of any fire hydrants along the main line, same shall be installed at the cost of the developer.

Construction of public water delivery systems. The developer shall construct water mains in such a manner as to make adequate water service available to each principle building or dwelling unit within the subdivision or land development. The entire system shall be designed in accordance with the requirements and standards of the Township and the Authority providing water service and shall be subject to their approval. The water supply must comply with the regulations and standards of the DEP.

Main sizes. Mains must be sized to provide adequate pressure and supply for the anticipated demands of the subdivision or land development and to meet the minimum requirements for fire protection established by the Pennsylvania Uniform Construction Code. Minimum main sizes shall be in accordance with the requirements of the Authority providing water service.

Fire hydrants. Fire hydrants shall be installed consistent with the provisions of the Pennsylvania Uniform Construction Code. Review and approval by the appropriate Township fire prevention official shall be required in order to insure that adequate fire protection is provided. Any review fees and the costs of the hydrants shall be paid by the developer prior to final plan approval. The Township shall field-identify fire hydrant locations prior to building construction.

Water mains in rights-of-way. All water mains proposed to be installed in or along rights-of-way shall be located in accordance with the regulations of the water authority servicing the development, and approved by their engineer. Evidence of the aforementioned shall be provided to the Township prior to the approval of the final plan.

Extension of lines for subsequent connections. Water mains shall be extended through the subdivision or land development or along its boundary lines to facilitate connections to adjoining properties when required by the Township.

Computation of residential daily demand. Average daily residential demand shall be computed in accordance with the housing unit type and size data.

Computation of nonresidential demand. Nonresidential demand shall be computed in accordance with use and size data.

§ 104-40 Private water supplies.

Where required. Where public water is not accessible, or cannot be extended to the site, the developer and/or the lot owner shall furnish water for all new subdivisions on an individual lot basis.

Water wells. In all cases where the water supply is from a well, the owner shall obtain a certificate that he has complied with the applicable state and county health regulations and shall submit such certificate and copies of well logs from adjacent wells to the Township. This certificate will be a prerequisite to issuance of a building permit for any and all buildings erected under approval of this chapter.

Location of wells. Individual private wells should be located a horizontal distance of at least 25 feet from property lines, approximately 100 feet from all tile disposal fields and other sewage disposal facilities; 10 feet from all PVC or cast iron sewer lines; 30 feet from any vitrified clay sewer tile lines; and shall not be located within any floodplain.

Where private wells not feasible. In all cases where it has been determined that individual water supplied from private wells is not feasible, a public water distribution system will be required.

Developer's certification of adequate water supply. Where no public water supply is available to the subdivision, the Board of Supervisors shall require the developer to obtain from the proper health officer, certificates of approval as to the quality and adequacy of the water supply proposed to be utilized by the development.

Exception for single building lots. The requirements of Subsections D and E shall not apply to subdivisions creating only one new building lot.

§ 104-41 Public sanitary sewers.

Other required approvals. No sanitary sewage facility shall be constructed until plans and specifications have been submitted to the DEP and the appropriate Sewage Authority and approved in accordance with existing laws and the regulations of same.

Design. All sanitary sewers must be designed and constructed in accordance with DEP regulations and shall meet the standards contained in the following:

DEP Bureau of Water Quality Management Sewerage Manual, Publication No. 1, latest edition.

UTMA procedures and requirements for the construction of sanitary sewers.

Connection to existing systems. Where an approved sanitary sewer system is within 1,000 feet of the subdivision or land development, all necessary mains and laterals for connection from the lots to the system, shall be shown on the preliminary plan and final plan, and shall be constructed and installed by the developer, subject to review and approval by the DEP and the UTMA.

UTMA capacity certification. The UTMA shall be contacted prior to the submission of an application proposing sanitary sewerage systems to determine the availability of capacity and tap-ins for the development.

UTMA approval of facilities. No final approval shall be given and no work shall be done in connection with the subdivision until approval of the sanitary sewage facilities is issued by the UTMA and submitted to the Township.

§ 104-42 Private sewage disposal systems.

Construction specifications. If public sewer facilities are not available, the developer shall provide for private sewage disposal in conformance with Township and DEP specifications prior to the approval of any application for development. All sewage disposal systems must be designed and constructed in accordance with State DEP regulations and shall meet the standards contained in the DEP Bureau of Water Quality Management Sewerage Manual, Publication No. 1, latest edition and be approved by the Township Sewage Enforcement Officer.

Systems required for each lot. If public sewer facilities are not available, the developer shall install an approved individual on-lot sewage disposal system on each lot.

Approvals required. All plans and specifications for on-lot sewage disposal systems, private sanitary sewers, sewage pumping stations, and sewage treatment plants shall be submitted to and approved by the sewage enforcement officer, the DEP, the Township and other regulatory agencies prior to the final approval of any plat.

Percolation testing. Where the subdivision or land development will be served by on-lot sewage disposal systems, the Township shall require the developer to submit percolation test results and a sanitary feasibility report prepared by a Pennsylvania licensed professional engineer in accordance with the methods and procedures set forth by the DEP.

DEP approval and location of system on plan. A written approval from DEP shall be submitted to the Township confirming the suitability of all lots for on-lot sewage disposal. The location of the on-lot sewage system and any water well, and the measured distance between them, shall be shown on the plan prior to the issuance of a building permit.

Review of existing systems caused by subdivision. Existing on-lot systems shall be shown on any plan. The Township shall review the existing on-lot sewage disposal system for any lot being made smaller through a subdivision and may require any additional reports as necessary to verify the ability of the existing on-lot sewage disposal system to function entirely within the boundaries of the smaller lot.

Subsequent connection to public system required. When public sanitary sewage is available or becomes available, all developments shall be required to connect to the public system. Initial construction and improvements to the proposed development site shall include all connectors necessary for the eventual connection to the public sanitary sewage system.

Private subdivision sewage systems. Privately owned sanitary sewage disposal systems servicing multiple lots or a subdivision shall be constructed in accordance with DEP regulations and shall meet the standards contained in the DEP Bureau of Water Quality Management Sewerage Manual, Publication No. 1, latest edition and be approved by the Township sewage enforcement officer. Such systems:

Shall be constructed by the developer or applicant; and

Shall be maintained by the developer, applicant or a homeowner's association under an agreement approved by the Township for such maintenance.

§ 104-43 Utilities.

Utility services required. Where applicable, every lot in a subdivision shall be capable of being served by a gas distribution system, electric distribution system, cable television and a telephone distribution system constructed and connected in accordance with the laws of the Commonwealth of Pennsylvania, the Township and appropriate public utility. Letters shall be provided by the developer certifying the ability for each lot to be served by such utilities.

Underground installation. All utility lines including, but not limited to, electric, natural gas, streetlight supply, cable TV, and telephone shall be placed underground, except where it is demonstrated to the satisfaction of the Township that the underground installation required herein is not feasible because of the physical condition of the lands involved.

Installation within rights-of-way. Where practicable, all utilities shall be located within the street right-of-way, but not under the cartway or sidewalks, otherwise easements or rights-of-way across private property of sufficient width for installation and maintenance shall be provided.

Minimum width. All utility easements shall be a minimum of 20 feet wide and placed so as to service the lot involved with the least practical difficulty to the lot owners and the Township.

Use and termination of existing overhead supply lines. Lots that abut existing easements or public rights-of-way where overhead electric or telephone distribution supply lines and service connections have previously been installed may be supplied with electric and telephone service from those overhead lines, but the service connections from the utilities' overhead lines shall be installed underground. In the case of existing overhead utilities, should a road widening, or an extension of service, or other such condition occur as a result of the subdivision and necessitate the replacement or relocation of such utilities, such replacement or relocation shall be underground.

Location of overhead lines. Where overhead lines are permitted as the exception, the placement and alignment of poles shall be designed to lessen the visual impact of overhead lines. Alignments and pole locations shall be carefully routed to avoid locations along horizons; clearing swaths through treed areas shall be avoided by selective cutting and a staggered alignment; trees shall be planted in open areas and at key locations to minimize the view of the poles and the alignments; and alignments shall follow rear lot lines and other alignments.

Screening. Year-round screening of landscaping of any utility apparatus appearing above the surface of the ground, other than utility poles and fire hydrants, shall be required.

Location on final plans. Final plans shall show locations of all utilities and all required plantings.

§ 104-44 Off-street parking.

Compliance with other ordinances. Off-street parking areas and spaces shall be provided in accordance with the requirements and standards of Chapter 118, Zoning, and this chapter.

Commercial uses. Off-street parking areas in nonresidential use districts shall be located in areas approved by the Township.

Paving. Parking areas for all commercial uses and multifamily developments shall be paved with a bituminous surface, such as asphalt or concrete. Gravel surfaces are not acceptable.

Crosswalks and refuge islands. Pedestrian crosswalks and refuge islands shall be provided at intervals not exceeding 150 feet along the length of each parking area. The minimum width of refuge islands shall be 10 feet.

Area required. Parking areas shall be designed to permit each vehicle to proceed to and from the parking space provided for it without requiring the moving of any other vehicle and shall provide sufficient area for backing and turning movements from the parking spaces in the parking area.

Entries onto public streets. Access shall be designed to allow vehicles to enter a public street in a forward direction. Parking aisles or drives shall be designed to provide safe and efficient means of vehicular access to a street in a manner which will least interfere with traffic movements. No driveway entering a public street shall exceed a width of 25 feet at the curb.

Proximity to buildings. The edge of any parking area shall not be closer than 10 feet to the outside wall of the nearest building.

Radius of curblines. No less than a five-foot radius of curvature shall be permitted for curblines in a parking area.

Internal traffic circulation design. The layout of every parking area shall be designed to permit safe and efficient internal circulation, including truck traffic where applicable. Where required by the Township, such layout shall also include stubs providing internal off street access between adjacent sites to promote the efficient flow of traffic between sites.

Stacking spaces. Every off-street parking area shall include sufficient stacking space to accommodate entering and exiting vehicles without overflowing into adjacent streets.

Marking of individual spaces. All parking spaces shall be marked so that individual spaces are identifiable.

Lighting. All off-street parking areas in a commercial, industrial or multifamily development shall be suitably illuminated for night use. Any lighting used to illuminate off-street parking areas shall be directed away from property in a residential area. All luminaries shall have a total cutoff angle no greater than 90° from the vertical. Lighting standards shall conform to those in Chapter 118, Zoning.

Landscaping. All off-street parking areas shall meet landscaping requirements of this chapter and Chapter 118, Zoning.

Construction Code compliance. All public parking shall conform to requirements of the Pennsylvania Uniform Construction Code.

§ 104-45 Off-street loading facilities.

All loading facilities shall conform to the standards and regulations of Chapter 118, Zoning and this chapter and shall be designed to minimize conflicts with pedestrian and with passenger automobile circulation.

§ 104-46 Stormwater management plans.

The stormwater management plan shall include all information required by and be consistent with the standards of the Township stormwater management as enacted, amended and in effect at the time of the application's official filing date, and in conformance with the Pennsylvania Storm Water Management Act (Act 167), as amended, 32 P.S. § 680.1 et seq., and other state, county and Township regulations that may also be applicable. The Township and the Westmoreland County Conservation District shall review the stormwater management plan. The plan shall not be approved by the Board of Supervisors if the Township Engineer and the Westmoreland County Conservation District does not approve the stormwater management plan. The Township Engineer shall provide a written report to the Board of Supervisors stating the deficiencies with the stormwater management plan and those reasons shall be a basis for modification or denial of the plan.

§ 104-47 Erosion and sedimentation control plans.

Required approvals. All required approvals, including the approval of the Westmoreland County Conservation District, shall be received prior to final approval of the proposed subdivision or land development.

Compliance with other regulations. Grading and erosion and sedimentation control procedures and structures shall comply with all applicable regulations. Where applicable, all subdivision and land developments in the Township shall comply with the following:

Pennsylvania Storm Water Management Act Guidelines (P.L. 864, Act 167.), 32 P.S. § 680.1 et seq.;

PA DEP Soil Erosion and Sedimentation Control Manual, latest edition;

Chapter 99, Stormwater Management, of the Code of the Township of Unity, as amended and in effect;

NPDES regulations and permits.

Permit required before commencement of work. No changes shall be made to the contour of the site, and no grading, excavating, removal or destruction of the topsoil, trees or other vegetative cover on the site, shall be commenced until such time as a plan for minimizing erosion and sedimentation has been processed, and reviewed by the Township and, where required, the Westmoreland County Conservation District. Thereafter, no changes shall be made to the contour of the site, and no grading, excavating, removal or destruction of the topsoil, trees or other vegetative cover on the site, shall be commenced until a grading permit has been issued by the Township.

Effect of plan approval. Approval by the Board of Supervisors of all preliminary plans and/or final plans does not relieve the developer of their obligation to implement additional erosion and sedimentation control measures required by the Township for the protection of the public health, safety and welfare.

Incorporation of plan into subsequent agreements. Final plans for minimizing erosion and sedimentation as approved will be incorporated in the developer's agreement and performance bond, as required by the Township.

Required as part of original application. Proposed erosion and sedimentation controls should be submitted with the stormwater management plan as part of the applicant's application for subdivision or land development.

Inspection by Township prior to commencement of work. No work shall commence on any subsequent phase until the preceding phase has been inspected and considered stabilized and approved. If there are deficiencies in any phase, the Township Engineer shall issue a written description of the required corrections and establish the time by which they shall be made.

Minimum performance standards. Measures used to control erosion and reduce sedimentation shall, at a minimum, meet the standards and specifications of the Westmoreland County Conservation District and the Township stormwater management and land development ordinance, as may be amended from time to time.

§ 104-48 Site grading.

General requirements. In order to provide more suitable sites for building and other uses, improve surface drainage, and control erosion, in addition to any measures required under the Township stormwater management and land development ordinance, the following requirements shall be met:

During grading operations, necessary measures for dust control must be exercised.

Grading equipment will not be allowed to cross live streams without a permit from the DEP. Provisions shall be made for the installation of temporary culverts or bridges.

Tire cleaning areas having a minimum length of 100 feet shall be provided and maintained by the developer at each point of access to the development site sufficient to ensure that mud and debris from the site is not deposited onto any public road.

Responsibility and site control.

Whenever sedimentation is caused by stripping of vegetation, grading or other development, it shall be the responsibility of the developer causing such sedimentation to remove it from all affected surfaces, drainage systems and/or watercourses, both on-site and/or off-site, and to repair any damage at their expense. The action of the developer shall be taken as quickly as possible. Upon failure to take such action, the Township may establish a time period in which such corrective action must be taken. The failure to take such action within a time period set by the Township shall be a violation of this chapter.

It is the responsibility of the developer doing any work on or across a stream, watercourse, or swale, or upon the floodplain or right-of-way during the period of the work, to return it to its original or equal condition after such activity is completed.

The developer shall not block, impede the flow of, alter, construct any structure, deposit any material, or perform any work which will affect normal or flood flow in any stream or watercourse without having obtained prior approval from the Township and/or DEP, whichever is applicable.

The developer who makes any surface changes shall be required to:

Collect on-site surface runoff and control it to a point of discharge into the natural watercourse of the drainage area.

Handle existing off-site runoff through his development by designing it to adequately handle all upstream run-off.

Provide and install at his expense, in accordance with Township requirements, all drainage and erosion control improvements (temporary and permanent) as required by the approved Erosion and sedimentation Control Plan and the approved Stormwater Management Plan.

§ 104-49 Monuments and markers.

Concrete monuments shall be set at the intersection of all lines forming angles in the boundary of the subdivision. Iron or steel markers shall be set at the beginning and ending of all curves along street property lines; at all points where lot lines intersect curves, either front or rear; at all angles in property lines of lots; and at all other lot corners.

§ 104-50 Street trees, landscaping, and tree preservation.

Purpose. The Township establishes the provisions of this section to:

Enhance the aesthetic quality and character of new subdivisions and land developments;

Preserve existing natural resources through innovative design;

Enhance the general health and safety of the public by protecting sensitive environmental areas and replacing valuable natural resources such as trees and other vegetation in such areas;

Provide for effective buffer areas between subdivisions and where desirable, between land developments and between different zoning districts;

Retard glare, heat and pollution;

Stimulate air purification and oxygen regeneration;

Prevent soil erosion.

Relationship to Chapter 118, Zoning. Landscaping requirements contained in Chapter 118, Zoning, which are stricter than those of this section, shall supersede lesser requirements of this section. Said requirements shall be included in the landscaping plan and approved, bonded and regulated consistent with the regulations of this section.

Tree planting quantities for subdivisions.

Major subdivisions. For all major subdivisions involving the construction of new streets, trees shall be required at the following rates and standards:

Shade trees of an approved variety, as indicated in Subsection D hereafter and having a caliper not less than 1 1/2 inches shall be planted on the developer's side of any existing street and on both sides of every new street in the subdivision.

The number of trees planted shall not be less than that required by a uniform spacing of the trees for each side of the street. Such trees shall not, however, be placed within the area of any road right-of-way or planted in an area which may result in an encroachment into said road right-of-way.

No trees, shrubs or other landscaping shall be placed or allowed to remain in any area which shall create a potential hazard for pedestrian or vehicular traffic or which would otherwise impair pedestrian or vehicular traffic.

Additional tree planting and/or preservation requirements. Including the required planting of street trees, the site must have a total tree coverage of 10% of the total site area as measured by the standards contained in this section. For purposes of this section, "total tree coverage" shall mean the total area covered by the branches, limbs and leaves of a tree at its maturity.

All new tree plantings shall meet the species and caliper standards of this section. The developer shall calculate the projected tree coverage for the site based upon the area of the drip line of all newly planted trees at maturity and the existing total area of drip line of trees to be credited pursuant to this chapter.

Due consideration should be given to planting new trees in the following locations based upon the characteristics of the site, in the following order of priority:

On hillsides within the plan either on lots or in designated open spaces or buffer areas.

Along existing streams as buffer.

On portions of proposed lots.

In designated recreation areas, active or passive.

In detention pond areas as a buffer, not in embankments or near outlet structures.

Credit for preservation of existing tree stands and individual trees.

Developers are strongly encouraged to preserve existing trees on the site. The amount of new tree planting may be reduced by the Board of Supervisors provided existing trees are preserved on the site and the developer submits a tree preservation plan demonstrating the relationship of tree preservation on the site to the 10% requirement of total tree coverage with said exclusions. The tree preservation plan shall include, at a minimum.

The location of existing trees requested to be credited;

The species of existing trees requested to be credited;

A determination of the percentage of trees in any cluster (one acre or more) that have a caliper of six inches dbh or greater as a percentage of the entire cluster;

A designation of any individual trees, not in a cluster (less than one acre) than have a dbh of six inches or greater; and

The total acreage of site coverage of all preserved trees that can be counted toward meeting the 10% requirement, according to standards contained in this section.

The following shall not be counted toward meeting the 10% tree coverage requirement cited in this section.

Trees located on steep slopes as defined in this chapter.

Identified diseased trees.

Clusters of trees that have a majority of trees with less than six inches caliper dbh.

Individual trees with less than six inches caliper dbh.

Clusters of trees that are not evenly disbursed throughout the subdivision.

Approved street trees and plant materials. The following plant materials are approved for use with the Township provided the specific site is suitable. The developer may propose alternate species, subject to the approval of the Township.

Large trees.

Fraxinus americana - While Ash.

Fraxinus pennsylvania lanceolata - Green Ash.

Gleditsia tricanthos inermis - Thornless Honey locust.

Liguidambar styraciflua - Sweet Gum.

Liriodendron tulipera - Tulip Tree.

(f)

Phellodendron amurense - Amur Cork Tree.

(g)

Plantanus acerifolia - London Plane Tree.

(h)

Quercus alba - White Oak.

(i)

Quercus coccinea - Scarlet Oak.

(j)

Quercus phellos - Willow Oak.

(k)

Robina pseadocacia inermis - Thornless Black Locust.

(l)

Tilia - Linden.

(m)

Zelkova serrate - Japanese Zelkova.

Small trees.

Acer ginnala - Amur Maple.

Cornus florida - Flowering Dogwood.

Crataegus phaenopyrum - Washington Hawthorn.

Gingko biloba - Gingko (male only).

Prunus kwanzan - Kwanzan Cherry.

(f)

Sophora Japonica - Japanese Pagodatree.

§ 104-51 Landscaping requirements for land developments.

Purpose and applicability. The standards contained in this section are intended to improve the appearance of land developments as well as to prevent erosion, improve stormwater management, enhance visual character, and improve the natural environment. All landscaping, screening and buffer zone plantings required by this chapter shall be in addition to those included in Chapter 118, Zoning. The Township may approve smaller plantings if the developer establishes that plants of smaller size will equal or exceed the performance of required plants within three years of planting.

Land development requirements. All land development shall set aside and dedicate a minimum of 10% of the total site area to landscaping improvements. This requirements is in addition to other stated requirements contained in this chapter and Chapter 118, Zoning. A description of the proposed landscaping improvements shall be provided in the landscaping plan submitted with the application for development. The landscape plan shall be of sufficient detail and list the types of the proposed plantings, the size of the plantings at planting and maturity and the number of plants and calculations to show that the requirements of this section and this chapter have been satisfied.

Mixture of plantings. Landscaping shall be used in all open areas not covered by buildings, required parking areas, sidewalks or other impervious surfaces. Landscaping shall provide a mixture of high-level planting, low-level planting and ground cover, all of which shall be of a type, size and placement compatible with the land development and the surrounding land uses.

Off-street parking areas. Parking lots for more than five cars shall require additional landscaped area equal to an aggregate minimum coverage of 5% of the total paved area of the parking lot. Such landscaping shall be in addition to any other planting or buffering required in this section and in Chapter 118, Zoning. In parking lots designed to accommodate rows of parked vehicles, a ten-foot wide raised landscaped island shall be provided along every other row of parking spaces. No more than 20 parking spaces or 180 feet shall be permitted in a continuous row without being interrupted by a ten-foot wide raised separation to provided areas for landscaping consistent with the provisions of this chapter.

Landscape periphery. Unless a stricter requirement is required by Chapter 118, Zoning, a landscape periphery shall be provided at a depth of 10 feet along all public rights-of-way, as measured from the property line, for all land developments in the Township. Such landscape periphery may also be considered a part of the 10% of required landscaping area for land developments.

Landscaping within the site. Within the site area, landscaping shall be required for the following areas: the side and rear perimeters of the site; parking lots; areas adjacent to residentially zoned properties and stormwater detention and stormwater retention facilities. These areas, as well as any landscaping around the perimeter of a building, may be considered a part of the 10% of required landscaping area for land developments. Dumpsters and waste disposal areas shall be enclosed with a visually insulating fence approved by the Township.

Landscaping not to affect sight distances. The location and size of landscaped plantings shall not adversely affect sight distance. Consideration shall be given to future growth potential of all planted materials in reviewing sight distance issues.

High-level planting. High-level planting shall be required at the rate of one per 1,000 square feet of total landscaping. Low-level planting shall be required at the rate of one per 200 square feet of total landscaping. High-level planting and low-level planting may be grouped. All other areas fulfilling the landscape area requirements of this section and Chapter 118, Zoning, shall contain ground cover.

Landscaping plan submission. The developer shall include a proposed landscaping plan along with their application. Such plan shall set forth and depict the types, sizes and designated locations of all plantings in compliance with the density and spacing requirements this section. No high level planting in a land development shall exceed 15 feet in height. No perimeter planting shall cause leaves, twigs and/or branches to fall onto any public street. The Township may require modifications in the types, sizes and designated locations of all plantings in the proposed plan and the final landscaping plan shall be subject to Township approval.

Installation. In order to minimize any potential conflict with housing construction activity, street trees may be planted at the same time any required sidewalks are installed.

Financial security. In order to ensure installation of all required landscaping, the costs of all landscaping shall be included in the amount of the financial security required by the Township for the land development, regardless of whether the landscaping improvements are dedicated to the Township. In addition, the Township may require the developer or owner to deposit with the Township a maintenance bond in the form of cash, certified check, letter of credit or bond equal to a minimum of 15% of the total landscape costs to cover the cost of replacing, purchasing, planting and maintaining all dead, dying, defective or diseased plant material for a period of 18 months.

Inspection. The Township shall make a final inspection at the end of the guaranty period of 18 months. This inspection will be performed when plant materials are in full leaf, May 1st through November 15th. If, upon such inspection, if the condition of such plantings are acceptable to the Township, all funds held as security will be released. If such plantings are not acceptable, the Township shall cause the developer to replace same before final acceptance occurs. In such event, the security held by the Township shall be reduced to an amount sufficient to guarantee the condition and ensure the replacement of such additional plantings for a period of 18 months.

Maintenance. The maintenance of landscaped areas within approved land developments is the ongoing responsibility of the developer, property owner, Homeowner's Association or other person or entity designated in a developer's agreement for same. Required landscaping must be continuously maintained in a healthy manner. Plants that die must be replaced with a similar or acceptable substitute. Failure to maintain required landscaping shall be a violation of this chapter and be prosecuted through in an enforcement action by the Township. Such violations will be subject to those penalties prescribed in Article VIII of this chapter

Modifications. At the request of the developer the Township may modify or waive the landscaping standards of this section where one or more of the following conditions occur:

There are special considerations of site design and/or topography.

There is existing healthy vegetation that is sufficient to meet the requirements. Existing vegetation shall be used to meet all or part of the requirements of this section wherever possible.

There is a unique relationship of the site to other properties.

Landscaping would interfere with utilities, rights-of-way, easements, sight distance or other vegetation.

§ 104-52 Transportation impact study.

When required. Subdivisions containing a minimum of 50 lots and all land developments with either 50 or more units, or where otherwise required by the Township, shall require the submission of a transportation impact study consistent with the requirements of this section.

Preparation and responsibility for costs. The transportation impact study (TIS) shall be prepared by a certified professional engineer, experienced in traffic engineering studies and licensed in the Commonwealth of Pennsylvania. All costs of the TIS shall be borne by the property owner or applicant.

Use of TIS. Use of the TIS may include the following:

Assist the Township and the applicant in understanding the traffic related impacts at the site ingress, egress, and general circulation on the study area, and to minimize those impacts through efficient site level design of such circulation;

To consider any alternate or additional ingress or egress and general circulation patterns as conditions of approval based on the TIS;

To consider impacts along perimeter roads and intersections to assist the Township in future transportation planning and capital planning requirements.

TIS elements. The applicant shall submit a detailed description of the highway network and major intersections within one-half mile of the site. Said network may be limited to primary and secondary arterial and collector streets and shall include both existing and applicable projections as well as the following conditions both on the site and within such radius:

Trips generated by the proposed development at all peak hours (weekday, morning and evening peak hours and one Saturday peak hour) during which the proposed use would be in operation.

Description of the existing traffic conditions and volumes (weekday, morning and evening peak hours and one Saturday peak hour) during which the proposed use would be in operation.

Traffic signals and signage, and other traffic control devices.

Public transportation services.

Rights-of-way and driveway widths, including cartway and shoulder widths, vertical grades, horizontal curvatures, obstructions, sight distance, posted speed limits, signage or other notable features.

Ingress and egress traffic movement on the site.

Changes to the highway network.

(8)

Determination of street service level.

(9)

Determination of intersection service levels for intersection (s) generating more than 100 trips in any peak hour.

(10)

Traffic accident history and location of accidents for five years preceding application date.

(11)

Proposed and existing pedestrian circulation.

(12)

Traffic improvements, planned or recommended (e.g., additional traffic lanes, traffic signal, traffic signage, etc).

(13)

The anticipated stages of construction and the anticipated completion date of the proposed subdivision or land development.

TIS standards. The TIS shall adhere to the following standards:

Estimation of trip generation. Trip generation per Subsection D(1) shall be estimated using a method approved by the Township Engineer. Whatever method is approved, trip distribution shall be estimated and analyzed for the horizon year and a ten-year projection (both with and without development). Consideration should be given to whether inbound and outbound trips will have similar distribution.

Transportation impact of the development using ratios and methodology approved by the Township Engineer.

Levels of service described in Subsection D(8) and (9) above shall be defined using a method approved by the Township Engineer.

Estimates and projections of street service level, trip generation, etc., shall conform to the estimated dates of major phases in the construction of the proposed plan.

All applicable elements mentioned in this section shall be indicated on a plan conforming to the drafting standards of this chapter.

Additional requirements.

Any required TIS shall be submitted with the application and reviewed by the Township Engineer or his designee. All costs of this review shall be invoiced to and paid by the applicant consistent with those standards contained in the Municipalities Planning Code. A copy shall also be forwarded to the Pennsylvania Department of Transportation if streets under their jurisdiction are in the study area and to the Westmoreland County Public Works Department if streets under the jurisdiction of the County are in the study area.