Township of Caln, PA
Chester County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
A. 
The following subdivision and land development principles, standards and requirements shall be applied by the Board in evaluating plans for proposed developments.
B. 
The standards and requirements outlined herein shall be considered minimum standards and requirements for the promotion of public health, safety, morals and general welfare.
C. 
Where literal compliance with the standards herein specified is clearly impractical, the Board may modify or adjust the standards to permit reasonable utilization of property while securing substantial conformance with the objectives of this chapter.
A. 
Land shall be developed in conformance with the Comprehensive Plan, Zoning Ordinance[1] and other ordinances and regulations in effect in the Township.
[1]
Editor's Note: See Ch. 155, Zoning.
B. 
The design of subdivisions and land developments shall preserve, insofar as possible, the natural terrain, natural drainage, existing topsoil and trees.
C. 
Land subject to hazards to life, health or property such as may arise from fire, floods, disease or other causes shall not be developed for building purposes, unless such hazards have been eliminated or unless the plan shall show adequate safeguards against them, which shall be approved by the appropriate regulatory agencies.
D. 
All portions of a tract being developed shall be taken up in lots, streets, public lands or other proposed uses so that remnants of landlocked areas shall not be created.
E. 
Lot lines shall, where possible, follow Township boundary lines rather than cross them.
F. 
Grading or earthmoving on all lands, as permitted by the Zoning Ordinance,[2] shall result in neither cuts nor fills that require a retaining wall or similar structure whose highest vertical dimension exceeds 10 feet. In the event a greater vertical dimension is encountered, the concept of tiered retaining walls or similar structures may be investigated by the applicant. The Township Engineer may permit, but shall not be required to permit, the use of tiered retaining walls or similar structures upon the presentation and acceptance of design plans and specifications demonstrating that said slopes will be stabilized and adequately maintained.
[Added 1-14-2010 by Ord. No. 2010-01]
[2]
Editor's Note: See Ch. 155, Zoning.
A. 
The location and width of all streets shall conform to the Comprehensive Plan, the Zoning Ordinance[1] and the Official Map, or to such parts thereof as may have been adopted by the Township.
[1]
Editor's Note: See Ch. 155, Zoning.
B. 
Proposed streets shall further conform to such county and state highway plans as have been prepared, adopted and/or filed as prescribed by law.
C. 
Streets shall be logically related to the topography so as to produce reasonable grades, satisfactory drainage and suitable building sites.
D. 
Residential streets shall be so laid out as to discourage through traffic; however, the arrangement of streets shall provide for the continuation of existing or platted streets and proper access to adjoining undeveloped tracts suitable for future development.
E. 
New streets shall be provided through to the boundary lines of the development with temporary easements for turnarounds when the subdivision or land development adjoins unsubdivided acreage; however, no such streets are required when it is shown to the satisfaction of the Board of Commissioners to be poor or unnecessary design or that such a requirement would not further the objectives of this chapter.
F. 
Streets that are extensions of or obviously in alignment with existing streets shall bear the names of the existing streets. Street names shall not be repeated, and all street names shall be subject to the approval of appropriate local authorities.
G. 
If land or lots resulting from original subdivision or land development are large enough to permit resubdivision or land development, or if a portion of the tract is not developed, adequate street rights-of-way to permit further subdivision or land development shall be provided as necessary.
H. 
Where a subdivision or land development abuts or contains an existing or proposed major traffic street or arterial highway, the Board may require dedication of an additional right-of-way to provide the minimum right-of-way specified in § 137-39 of this chapter and marginal access streets, rear service alleys, reverse frontage lots or such other treatment as will provide protection for abutting properties reduction in the number of intersections with the major street and separation of local and through traffic.
I. 
New half or partial streets shall not be permitted except where essential to the reasonable development of a tract in conformance with the other requirements and standards of this chapter and where, in addition, satisfactory assurance for dedication of the remaining part of the street can be secured.
J. 
Wherever a tract to be developed borders an existing half or partial street, the other part of the street shall be plotted within such tract.
K. 
Where access from any subdivision or land development is proposed to a state street or highway, in addition to the issuance of a highway occupancy permit by PADOT, the applicant shall secure a highway occupancy permit from the Township at the time of final plan approval, the feasibility of which shall be demonstrated upon submission for review of the preliminary plan. Highway occupancy permits authorizing connection to state streets or highways shall be approved subject to the condition that if PADOT denies a highway occupancy permit for the proposed access, the conditional approval of such permit by the Township shall be deemed to have been denied and no such municipal permit shall be issued. If the Township denies a Township highway occupancy permit for said access, the approval of PADOT highway occupancy permit shall be deemed to have been denied.
[Added 6-8-2000 by Ord. No. 2000-2]
A. 
Dead-end streets shall be prohibited, except where designed as temporary turnarounds, to permit future street extension into adjoining tracts or when designed as culs-de-sac.
B. 
All culs-de-sac, whether permanently or temporarily designed as such, shall not exceed 1,600 feet in length. Permanent cul-de-sac streets must be provided with a paved turnaround with a minimum radius of 50 feet to the outside curb and of 60 feet to the street right-of-way line.
C. 
(Reserved)[1]
[1]
Editor's Note: Former Subsection C, dealing with open center planting areas, was repealed 9-11-1990 by Ord. No. 1990-4.
D. 
Any street dead-ended for either access to an adjoining property or for authorized stage development, which is greater than one lot depth, shall be provided with a temporary all-weather turnaround within the subdivision or land development, and the use of such turnaround shall be guaranteed to the public until such time as the street is extended. The temporary turnaround shall be circular, with a minimum cartway radius of 25 feet, and shall remain completely within the right-of-way.
E. 
All nonthrough streets shall be provided with an authorized sign stating that no outlet exists.
F. 
No more than 20 dwelling units shall be provided on a cul-de-sac street. Any lots proposed at the corner of the cul-de-sac street and the through street shall be included in calculating the maximum number of lots, and said lots shall provide as their sole means of ingress and egress access from the cul-de-sac street and not from the through street.
[Added 9-11-1990 by Ord. No. 1990-4]
G. 
No more than four residential lots shall be located on the perimeter of the bulb or paved turnaround portion of a cul-de-sac street. The minimum lot width at the street line around the bulb or paved turnaround shall not be less than 75 feet, unless the underlying zoning requirements specify a greater lot width.
[Added 12-12-2002 by Ord. No. 2002-25]
A. 
Private streets are prohibited within subdivisions, unless adequate off-street parking is shown to exist and proper maintenance of all improvements is guaranteed by the developer.
B. 
No subdivision of more than three lots shall be approved on any private street.
C. 
Streets providing circulation between adjacent land developments (existing or proposed) shall be public streets and shall be connected directly to another public street. All other streets within a land development are permitted to remain private.
D. 
There shall be a note on each preliminary and final plan indicating those streets that are not intended for dedication.
E. 
There shall be a note on each preliminary and final plan indicating that private streets will have off-street parking.
F. 
Private streets shall be designed as fire apparatus access roads in accordance with the requirements of the International Fire Code, adopted by Chapter 83 of the Caln Code, and all if its appendixes.
[Amended 5-12-1992 by Ord. No. 1992-9; 3-31-2005 by Ord. No. 2005-3]
(1) 
Paving shall be as follows:
(a) 
Eight-inch crushed aggregate.
(b) 
Four-inch BCBC.
(c) 
Two-inch ID-2 wearing course.
(2) 
Maximum center line grade shall be in accordance with the adopted International Fire Code and all of its appendixes.
(3) 
Maximum length shall be 800 feet.
G. 
Private streets shall not be offered for dedication unless they meet all public street design standards.
A. 
All blocks in a subdivision shall have a minimum length of 500 feet and a maximum length of 1,600 feet. Blocks subdivided into lots shall be two lot depths in width, except lots along a major thoroughfare which front on an interior street.
B. 
In commercial or residential land development areas, the block layout shall conform, with due consideration of site conditions, to the best possible layout to serve the public, to permit efficient traffic circulation and the parking of cars, to make delivery and pickup efficient and to reinforce the best design of the units in the commercial or residential area.
C. 
The block layout in industrial areas shall be governed by the most efficient arrangement of space for present use and future expansion, with due regard for worker and customer access and parking.
D. 
In large blocks with interior parks and playgrounds, in exceptionally long blocks where access to a school or shopping center is necessary or where cross streets are impractical or unnecessary, a crosswalk with a minimum right-of-way of 12 feet and five feet of paving included therein may be required by the Board of Commissioners.
E. 
Residential blocks shall be of sufficient depth to accommodate two tiers of lots, except where reverse frontage lots bordering a major traffic street are used.
A. 
Lot dimensions and areas shall not be less than specified by provisions of the Caln Township Zoning Ordinance[1] and shall further conform to the following requirement designed to abate health hazards:
(1) 
Where both or either water supply and sanitary sewage disposal are provided by individual on-lot facilities, the Board may require that the subdivider provide a registered professional engineer or a qualified sanitarian to make such tests as are necessary to determine the adequacy of the proposed facilities in relation to the proposed lot size and existing grade and soil conditions. In all such cases, a certificate by the registered professional engineer or qualified sanitarian that the proposed facilities are adequate shall be the prerequisite to final approval of the plan.
[1]
Editor's Note: See Ch. 155, Zoning.
B. 
Lots shall conform to the Caln Township Zoning Ordinance.[2]
[2]
Editor's Note: See Ch. 155, Zoning.
C. 
All lots shall abut on a public street or shall have access to an approved private street. In general, side lot lines shall be at right angles or radial to street lines. If, after subdividing, there exist remnants of land, they shall be included in the area of proposed or existing lots.
D. 
Double frontage lots are prohibited.
E. 
Reverse frontage lots are prohibited, except where employed to prevent vehicular access to major traffic streets.
F. 
House numbers shall be assigned to each lot by the Township.[3]
[3]
Editor's Note: See also Ch. 133, Street Address Numbers.
A. 
Where a subdivision borders on or contains an existing or proposed collector or arterial street, the Board of Commissioners may require that access to such streets be limited by one of the following means:
(1) 
The subdivision of lots so as to back onto the primary arterial or collector and front onto a parallel local street. No access shall be provided from the primary arterial or collector, and screening approved by the Board shall be provided in a strip of land along the property line of such lots adjoining the collector or arterial.
(2) 
A series of culs-de-sac, U-shaped streets or short loops entered from and designed generally at right angles to such a parallel street, with the rear lines of their terminal lots backing onto the arterial or collector.
(3) 
A marginal access or service road separated from the primary arterial or collector by a planting or grass strip and having access thereto at suitable points.
Setback lines shall conform to the Township Zoning Ordinance.[1]
[1]
Editor's Note: See Ch. 155, Zoning.
A. 
Utility easements shall be a minimum of 20 feet wide, except in the case where the utility easement is situated between two buildings in which case the width shall be a minimum of 30 feet wide. The utility easement shall to the fullest extent possible be centered on or be adjacent to rear or side lot lines. Local utility companies shall be consulted by the developer when locating easements.
[Amended 12-19-2013 by Ord. No. 2013-10]
B. 
Where a subdivision or land development is traversed by a watercourse, drainageway channel or stream, there shall be provided a drainage easement conforming substantially to the line of such watercourse, drainageway, channel or stream and of such width as will be adequate to preserve the unimpeded flow of natural drainage, or for the purpose of widening, deepening, relocating, improving or protecting such drainage facilities or for the purpose of installing a stormwater sewer.[1]
[1]
Editor's Note: Former Subsection C, regarding building setbacks, which immediately followed this subsection, was repealed 12-19-2013 by Ord. No. 2013-10.
A. 
The minimum distance from a natural gas line to a dwelling unit shall be as required by the applicable transmission or distributing company, or as may be required by the applicable regulations issued by the Department of Transportation under the Natural Gas Pipe Line Safety Act of 1968, as amended, whichever is greater.
B. 
When any petroleum or petroleum products transmission line traverses a subdivision or land development, the developer shall confer with the applicable transmission or distribution company to determine the minimum distance which shall be required between each proposed dwelling unit and the petroleum or petroleum products transmission lines.
A. 
In reviewing subdivision and development plans, the Township Planning Commission shall consider whether community facilities, especially schools, in the area are adequate to serve the needs of the additional dwellings proposed by the development and shall make such report thereon as it deems necessary in the public interest.
B. 
Developers shall be required to provide or reserve land within the development tract and provide recreational facilities normally required in residential neighborhoods, including open space, parks, playgrounds and playfields. Land areas provided or reserved for such community facilities shall be adequate to provide for building sites, landscaping and off-street parking as are necessary and appropriate to the types of facilities proposed. The types of facilities shall be as described and recommended in the Township's Open Space, Recreation and Environmental Resources Plan. Prior to the submission of a subdivision or land development plan for residential construction, developers shall review with the Township Planning Commission and the Recreation Committee the minimum requirements for various community facilities applicable to the tract being subdivided. The standards applicable to land so provided or reserved shall be those established in §§ 155-109, 155-110 and 155-111 of the Caln Township Zoning Code.
[Amended 3-29-2001 by Ord. No. 2001-4]
C. 
All subdivisions or land developments proposing the construction of residential housing units of any kind, or commercial or industrial development, shall be required to set aside and reserve 0.076 of an acre for each proposed residential dwelling unit and 0.03 of an acre for each 1,000 square feet of nonresidential gross floor area for the community facilities specified in § 137-31B unless the Board of Commissioners approves the payment of a fee in lieu thereof as provided for in § 137-31E.[1] Such areas shall be retained in private ownership by a homeowners' association or similar entity (unless dedication to the Township or recognized conservation organization is approved by the Board of Commissioners) but shall be subject to a recorded declaration of covenants, easements and restrictions approved by the Township Solicitor restricting such land to use in perpetuity only for such purposes.
[Amended 3-29-2001 by Ord. No. 2001-4]
[1]
Editor's Note: As determined in the Caln Township Study for Establishing Requirements for Land Dedication and for Fee in Lieu of Land Dedication, dated January 10, 2001, adopted by Resolution of the Board of Commissioners and incorporated herein by reference.
D. 
In designating areas for open space use within the subdivision plan, whether to be dedicated to the Township or to be retained in private ownership, the following criteria shall be applied by the developer and the Township:
(1) 
Designated open space areas shall be consistent with the Township's Comprehensive Plan or, where applicable, open space plan.
(2) 
Open space areas shall be consistent with the needs of the future residents of the proposed subdivision and shall be located so as to be easily accessible by said residents.
(3) 
Open space areas should include both active recreation areas for all age groups and, particularly where the site includes a watercourse or hilly or wooded areas, land which is left in its natural state.
(4) 
Where open space areas are to be retained in private ownership, provisions for the maintenance of such open space areas shall be satisfactory to the Board of Commissioners.
E. 
Fee in lieu of dedication of land.
[Added 3-29-2001 by Ord. No. 2001-4]
(1) 
Subject to the developer's agreement, where the Board of Commissioners determines that because of the size, shape, location, access, topography or other physical features of the land proposed for subdivision or land development it is impractical to dedicate land to the Township or set aside an open space area for required park and recreational purposes, the Board of Commissioners may require the payment of a fee in lieu of dedication of such land and recreational facilities which shall be payable to the Township as a condition precedent to final plan approval.
(2) 
The amount of any fee in lieu of the dedication or reservation of such land and provision of recreational facilities shall be fixed from time to time by the Board of Commissioners in a resolution designated for that purpose. The amount of said fee shall be based upon the fair market value of undeveloped land in the Township otherwise required under § 137-31C to be preserved and dedicated for playgrounds, parks or recreational and/or open space use.[2]
[2]
Editor's Note: As determined in the Caln Township Study for Establishing Requirements for Land Dedication and for Fee In Lieu of Land Dedication, dated January 10, 2001, adopted by Resolution of the Board of Commissioners and incorporated herein by reference.
(3) 
All fees so collected shall, upon receipt by the Township, be deposited in the Caln Township Open Space Fund, which shall be an interest-bearing account, clearly identifying the specific recreational facilities for which the fee was received. Such fees shall be expended only for the acquisition of land or improvement of land for recreational facilities or for open space and recreation purposes within Caln Township. All such open space and recreational facilities shall be accessible to the residents of the subdivision or land development in connection with which the fee is paid.
(4) 
Upon request of the developer who has paid such fee, the Township shall refund such fee, plus accumulated interest, if the Township fails to utilize the fee so paid within three years from the date on which such fee is paid, unless the developer specifically waives, in writing, the requirement that such fee be expended within such time or waives, in writing, that such fee be repaid.