Model Subdivision and Land Development Ordinance

SUBDIVISION AND LAND DEVELOPMENT

ORDINANCE FOR

____________ TOWNSHIP


ARTICLE I: GENERAL PROVISIONS

SECTION 100. Short Title and Effective Date

This Ordinance shall be known and may be cited as “The ________ Township Subdivision and Land Development Ordinance.” This Ordinance shall take effect five (5) days after enactment.

SECTION 101. Purpose

This Ordinance has been prepared in accordance with the Pennsylvania Municipalities Planning Code (53 P.S. 10101 et seq., Act 246 of 1968, as amended) and the _______ Township Comprehensive Plan for the following purposes:

A. To assure sites suitable for building purposes and human habitation.
B. To assist orderly, efficient, integrated, and harmonious development of the Township.
C. To coordinate proposed streets with existing streets or other proposed streets, parks, or other features of the Township.
D. To provide adequate open spaces for traffic, recreation, light and air for the proper distribution of population.
E. To ensure coordination of subdivision and land development plans with Township, inter-municipal, county, and Commonwealth improvements plans.
F. To prevent or eliminate damage to the environment and biosphere, and to encourage productive and enjoyable harmony between man and his environment, consistent with the mandates of the National Environmental Policy Act of 1969 and Article I, Section 27 (the Environmental Amendment) of the Pennsylvania Constitution.
G. To secure equitable handling of all subdivision and land development plans by providing uniform procedures and standards.
H. To protect the social and economic stability of the Township, and conserve the value of land and buildings in the Township.
I. To create conditions favorable to the health, safety, and general welfare of the citizens of _________ Township.

SECTION 102. Interpretation

The provisions of this Ordinance shall be held to be minimum requirements to meet the above stated purposes. Where the provisions of this Ordinance impose greater restrictions than those of any statute, other ordinance, or regulation, the provisions of this Ordinance shall prevail. Where the provisions of any statute, other ordinance, or regulation impose greater restrictions than those of this Ordinance, the provision of such statute, ordinance, or regulation shall prevail.

SECTION 103. Severability

The provisions of this Ordinance shall be severable, and if any of its provisions shall be held to be unconstitutional, illegal, or invalid, such decision shall not affect the validity of any of the remaining provisions of this Ordinance. It is hereby declared as a legislative intent that this Ordinance would have been adopted had such unconstitutional, illegal, or invalid provision not been included herein.

SECTION 104. Authority

From and after the effective date hereof, the Board of Supervisors shall have the authority to regulate subdivision and land development within the Township.

SECTION 105. Jurisdiction

The Board of Supervisors shall have the jurisdiction of subdivision and land development within the Township limits. In order to aid the Board of Supervisors in its consideration of subdivisions and land developments, the Board of Supervisors hereby decrees that the Planning Commission of _________ Township shall serve the following functions:
A. All plans, whether major or minor, upon submission to the duly authorized representative of the Township shall be referred to the Planning Commission for review.
B. The Planning Commission shall make recommendations to the Board of Supervisors concerning approval, disapproval, modification, and/or conditions for approval of such plans.
C. The Planning Commission shall make recommendations to the Board of Supervisors concerning the interpretation of the granting of modifications to provisions and standards of this Ordinance.

SECTION 106. Repealer

All ordinances and parts of ordinances inconsistent herewith are hereby repealed to the extent that such ordinances or parts of ordinances are inconsistent herewith.

ARTICLE II: DEFINITIONS

SECTION 200. Definitions

As used in this Ordinance, words in the singular include the plural, and those in the plural include the singular. Words in the present tense include the future tense, words used in the masculine gender include the feminine and neuter. The word “person” includes corporation, unincorporated association, and partnership, as well as an individual. The word “structure” includes the meaning of “building,” and each shall be construed as if followed by the phrase “or part thereof.” The following words, as used in this Ordinance, shall have the meanings indicated below:
Accelerated Erosion: The removal of the surface of the land through the combined action of man’s activities and natural processed at a rate greater than would occur from natural processes alone.
Act 247: The Pennsylvania Municipalities Planning Code of July 31, 1968, 53 P.S. 10101. Et seq., as amended from time to time.
Alley: See “Service Street.”
Applicant: A landowner or developer, including his heirs, successors, and assigns, who has filed an application for subdivision or land development.
Application for Development: Every application, whether preliminary or final, required to be filed and approved prior to start of construction or development, including but not limited to an application for a building permit, for the approval of a subdivision plan, for the approval of a land development plan, and for the approval of a planned residential development.
Block: A tract of land bounded entirely by streets; by streets and a watercourse; by streets and a railroad; by streets and the corporate boundaries of the Township; by streets and public land or other park or recreation area; or any combination of the above.
Board: The Board of Supervisors of _________ Township.
Building: Any structure for which a building permit is required by the East Buffalo Township Building Code, i.e., any combination of materials forming any structure which is erected on the ground and permanently affixed thereto, designed, intended, or arranged for the housing, sheltering, enclosure, or structural support of persons, animals, or property of any kind.
Building Setback Line: An established line within a property defining the minimum required distance between any building to be erected and the adjacent right-of-way line of the street on which it fronts, to provide the front yard specified by the ______ Township Zoning Ordinance.
Buffer Strip or Screen: A strip of required yard space adjacent to a use of facility within a property, or to the boundary of a property or district, on which is located a visual barrier of sufficient height and density to appropriately buffer or screen the property or use. Such barrier shall be comprised of vegetative material unless specific authorization is given by the Board for alternatives (e.g., berming, fences, walls, etc.).
Cartway: The portion of a street right-of-way, paved or unpaved, customarily used by vehicles in the regular course of travel over the street.
Clear Sight Triangle: An area of unobstructed vision at street intersections defined by lines of sight between points at a given distance from the intersection of the street centerlines.
Condominium: A form of ownership of real property, as defined in the PA Uniform Condominium Act of 1980, which includes an undivided interest in a portion of a parcel, together with a separate interest in a space within a structure.
Detention Basin: A structure designed to retard surface water runoff for a period of time sufficient to cause the deposition of sediment and to reduce the velocity and volume of surface flows leaving a site, thus preventing further erosion.
Developer: Any landowner, agent of such landowner, or tenant with the permission of such landowner, who makes or causes to be made a subdivision of land or a land development, including improvements thereto.
Development Agreement: A written contract between a subdivider or developer and the landowner, on one hand, and the Township on the other, specifying the conditions of final approval by the Township.
Driveway (Lane): A private means of vehicle access from a public or private street to a single lot; provided, however, that 2 contiguous lots may share a common driveway where the applicable requirements of this Ordinance and the Township Zoning Ordinance are complied with on each lot.
Note: This specifically allows for common driveways, which lessens the number of curb cuts required on any one street. Common driveways, however, have been known to be sources of dispute and thus the individuals’ rights and responsibilities (e.g., Maintenance) should be established by easement or similar device at the outset. Some municipalities prefer to define any means of access to more than one lot as a private street. Others, conversely, do not limit to 2 the number of lots that a common driveway may serve. Regardless of the limit selected, the Ordinance needs to be clear on the transition from common driveway to private street.
Earthmoving Activity: Activity resulting in the movement of earth or stripping of vegetative cover from the earth.
Easement:A permanent right granted for limited use of private land, normally for a public purpose. The owner of the property shall have the right to make any other use of the land, which is not inconsistent with the rights of the grantee. (e.g. utility, drainage, and public access easements)
Easement, Conservation: A legal agreement between a property owner and an appropriate conservation organization or governmental entity, through which the property owner establishes certain use restrictions over all or portion(s) of the property for the conservation purposes.
Engineer: A professional engineer, licensed in Pennsylvania, and duly designated by the Township to perform the duties of engineer as herein specified.
Flood Plain: The low areas adjoining and including a watercourse or other body of water (such as pond, marsh, or lake) within the Township, which are subject to inundation by a flood having a frequency of recurrence of one in one hundred years. The basis for delineation shall be prescribed in Section of the _________ Township Zoning Ordinance.
Guarantee, Maintenance: Any security that may be required of a developer by the Township after final acceptance by the Township of improvements installed by the developer. Such security may include, but is not limited to, Federal or Commonwealth lending institution irrevocable letter of credit or restrictive or escrow account.
Guarantee, Performance: Any security that may be required of a developer by the Township in lieu of a requirement that certain improvements be made before the Township approves the developer’s subdivision plan or land development plan. Such security may include, but is not limited to, those instruments cited above as acceptable for maintenance guarantees.
Impervious Surface: Material which is impenetrable and unable to absorb water, including but not limited to buildings, structures, and paved areas (driveways, parking lots, etc.).
Improvements: Buildings, for public or quasi-public use, streets, curbs, gutters, streetlights and signs, water mains, hydrants, sanitary sewer mains including laterals to the street right-of-way line, storm drainage lines, stormwater management structures, walkways, recreational facilities, open space improvements, shade trees, buffer or screen plantings, and all other additions to the tract that are required by ordinance or necessary to result in a complete subdivision or land development in the fullest sense of the term.
Improvements, Public: Improvements, including but not limited to those contained in the definition of “Improvements,” that are intended for dedication to the Township, either in fee or by easement.
Land Development: (1) The improvement of one lot or two or more contiguous lots, tracts, or parcels of land for any purpose involving (a) any group of two or more buildings, or (b) the division or allocation of land or space between or among two or more existing or prospective occupants by means, or for the purpose, of streets, common areas, leaseholds, condominiums, building groups or other features; (2) A subdivision of land.
Land Disturbance: Any activity which causes land to be exposed to the danger of erosion, including clearing, grading, filling, plowing, or any other earthmoving, as defined.
Landowner: The legal or beneficial owner or owners of land, including for purposes of this Ordinance the holder of an option or contract to purchase (whether or not such option or contract is subject to any condition), a lessee if he is authorized under the lease to exercise the rights of the landowner, or other person having a proprietary interest in land.
Lane, Acceleration or Deceleration: A lane of a cartway intended for use by vehicles entering, leaving, or crossing a lane of forward travel without interrupting the flow of traffic.
Lot: A parcel of land, undivided by any street or dedicated future street right-of-way. Such parcel shall be separately described by metes and bounds, the description of which is recorded in the office of the Recorder of Deeds of Union County by deed description or is described by an approved subdivision plan recorded in the office of the Recorder of Deeds of Union County.
Lot Area: The acreage contained within the property lines of a lot as defined in the deed, excluding street and other transportation rights-of-way and utility easements. Acreage shall be determined from an actual site survey rather than from a deed description.
Note: The logic here is to exclude those types of easement from the lot area that could severely restrict the owner’s right of use (e.g. access and utility easements), but to include others that have less impact (e.g. drainage and conservation easements). Excluding all types of easements could be viewed as overly restrictive.
Lot, Corner: A lot at the junction of and abutting 2 or more intersecting streets where the interior angle of intersection does not exceed 135 degrees. A lot abutting a curved street shall be deemed a corner lot if the tangents to the curve at the points of intersection of the side lot lines with the street lines intersect at an interior angle of less than 135 degrees.
Lot, Interior (Flag): A lot which does not adjoin a street but is connected thereto by an access strip of required minimum width. Minimum lot area and other dimensional requirements shall be those of the applicable zoning district, and shall be met on that portion of the lot exclusive of the access strip.
Lot Line, Front: The line separating the lot from the street right-of-way. For interior lots, it is the line generally parallel to the street right-of-way at the nearest point to the right-of-way where the lot attains substantially the minimum required lot width.
Lot, Reverse Frontage: A lot extending between and having frontage on an arterial or collector street and a local street, with vehicular access solely from the latter.
Lot Width: The horizontal distance between side lot lines measured along the street line or building setback line as specified. When the street line is curved, the measurement shall be made on the arc, on or parallel to the curve of the street line.
Mobile Home: A transportable, single-family dwelling intended for permanent occupancy contained in one unit, or in two units designed to be joined into one integral unit capable of again being separated for repeated towing, which arrives at a site complete and ready for occupancy except for minor and incidental unpacking and assembly operations, and constructed so that it may be used without a permanent foundation, including any addition or accessory structure, such as porches, sheds, decks, or additional rooms. All mobile homes shall meet construction standards set by the U.S. Department of Housing and Urban Development.
Mobile Home Park: A parcel of land under single ownership that has been planned and improved for the placement of mobile homes for nontransient use, consisting of two or more mobile home lots.
Monument: A tapered, permanent survey reference point of stone or concrete having around top 4 inches on each side with a length of 24 inches.
Open Space, Common: A parcel or parcels of land or an area of water, or a combination of land and water, within a development and designed and intended for the use or enjoyment of residents of the development, excluding streets, off-street parking areas, areas set aside for public facilities, and private yards.
Plan:
As Built: A corrected final plan, showing dimensions and location of all streets and other improvements as actually constructed.
Conservation: As required by and specified in the Township Natural features Conservation Ordinance, a plan to accompany preliminary and final plan submissions, including natural resources inventory, impact assessment, and mitigation and maintenance proposals.
Final: An exact and complete site design and layout plan and improvements construction plan prepared by a registered engineer, to be recorded upon approval.
Improvements Construction: A component of the preliminary and final plan, prepared by a registered engineer, showing the construction details of streets, drains, sewers, water supply systems, bridges, culverts, and other improvements as required, including a horizontal plan, profiles, and cross-sections.
Preliminary: A site design and layout plan and improvements construction plan prepared by a registered engineer, in less detail than a final plan and prepared for consideration prior to submission of a final plan.
Recorded: A final plan, with accompanying documents as required by this Ordinance, which has been recorded by the applicant in the office of the Recorder of Deeds of Union County.
Site Design and Layout: A component of the preliminary and final plan, prepared by a registered engineer, showing: property lines, existing and proposed streets, lots, buildings, public areas, drainage facilities, easements, and other details pertinent to the proposal.
Sketch: A plan submitted, at the applicant’s option, for review and discussion prior to application for preliminary plan approval, including whatever information the applicant deems useful; for example, a graphic plan, not necessarily to scale, showing approximate tract boundaries and a General layout of lots, buildings, and streets.
Planning Commission: The Planning Commission of ________ Township.
Resubdivision: A change in map of an approved or recorded subdivision plat, if such change affects any street layout on such map or area reserved thereon for public use, or any lot line; or if it affects any map or plan legally recorded prior to the adoption of any regulations controlling subdivisions.
Retention Basin: A reservoir, formed from soil or other material, which is designed to detain temporarily a certain amount of stormwater from a catchment area and which also may be designed to permanently retain additional stormwater runoff from the catchment area. Retention basins also may receive fresh water from year-round streams. Unlike detention basins, retention basins always contain water, and thus may be considered man-made lakes or ponds.
Right-of-way: The total width of any land reserved or dedicated as a street, alley, or crosswalk, or for any other public or private purpose.
Sediment: Solid material, both mineral and organic, that is in suspension, is being transported, or has been moved from its site of origin by water.
Sewage Facilities:
Individual system: The disposal of sewage by use of cesspools, septic tanks, or other safe and healthful means, approved by the East Buffalo Township Sewage Enforcement Officer, and generally within the confines of the lot on which the use is located.
Community system: A sanitary sewage system, privately built and operated, in which sewage is carried from individual dischargers by a system of pipes to one or more common treatment and disposal facilities. Treatment and disposal may occur either on-site or off-site, and shall be approved by the Pennsylvania Department of Environmental Resources.
Public system: A system for the treatment and disposal of sewage in which sewage is conveyed by a system of pipes to an off-site, publicly-operated treatment facility and disposed of through means approved by the Pennsylvania Department of Environmental Resources.
Shade Tree: A tree in a public place, street, special easement, or right-of-way adjoining a street, as provided in this Ordinance.
Shadow Analysis: A graphic representation of shadows cast by mature landscaping, screening, and structures, plotted with regard to topography, slope, and direction at 9:00 a.m., noon, and 3:00 p.m. in the date of Winter Solstice.
Sight Distance: The required length of roadway visible to the driver of a passenger vehicle at any given point on the roadway when the view is obstructed by traffic.
Object Sight Distance: Shall be measured from a point 4.5′ above the center line of the road surface to a point 0.5′ above the center line of the road surface.
Vehicle Sight Distance: Shall be measured from one point 4.5′ above the centerline of a road surface to another point 4.5′ above the centerline of a road surface.
Solar Energy: Radiant energy (direct, diffused, or reflected) received from the sun at wavelengths suitable for conversion into thermal, chemical, or electrical energy.
Solar Skycap: The space between a given location and the sun which must remain unobstructed between 9:00 a.m. and 3:00 p.m. mean solar time (Winter Solstice) in order to permit sufficient solar energy to impinge on that location to allow efficient solar utilization.
Specimen Tree: A unique, rare, or otherwise specifically selected plant of tree which most typically represents a whole class or group, specifically in shape, form, historical importance, or any other characteristic which may be designated as such by the Township.
Stormwater: Water that surfaces, flows, or collects during and subsequent to rain or snowfall.
Street: A right-of-way intended for general public use to provide means of approach for vehicles and pedestrians. The word “street” includes the words “road,” “highway,” “thoroughfare,” and “way.”
Arterial: A street serving a large volume of comparatively high speed and long distance traffic, including all facilities classified as main and secondary highways by the Pennsylvania Department of Transportation.
Principal: An arterial serving the heaviest volumes of traffic in the Township, providing the highest degree of vehicular mobility, and involving controls on access.
Minor: An arterial serving high volumes of traffic, providing a high degree of mobility, and involving some controls on access.
Collector: A street designed and located to provide means to drain traffic off local streets and to provide access for through traffic between residential neighborhoods and districts within the Township to major streets and/or a streets used for access to non-residential properties, i.e., commercial, industrial, professional, etc.
Major: A collector serving moderate levels of traffic within the Township, providing a mix of access and mobility, and linking neighborhoods.
Minor: A collector serving lower amounts of traffic, providing relatively more access than mobility, and serving as a major road through identifiable neighborhoods.
Cul-de-sac Street: A local street intersecting another street at one end, and terminating at the other end by a permanent vehicular turnaround.
Local Streets: A street intended to serve and provide access to the properties abutting thereon and not connecting with other streets in such a manner as to encourage through traffic.
Private Street: A local street, serving only abutting lots, that is not offered or required to be offered for dedication.
Service Street (Alley): A minor right-of-way providing secondary vehicular access to the side or rear of two or more properties.
Single-Access Street: A local street, including but not limited to, a cul-de-sac or loop design, which has only one point of intersection with an existing Township or State road or with a proposed road having more than one access point.
Structure: Any man-made object having an ascertainable stationary location on land or water whether or not affixed to the land.
Subdivision: The division of a single lot, tract, or parcel of land into two or more lots, tracts, or parcels of land, for the purpose, whether immediate or future, of lease, transfer of ownership, or building or lot development. Any subdivision of land for mortgage purposes shall comply with all of the requirements of this Ordinance and the Zoning Ordinance. The subdivision by lease of land for agricultural purposes into parcels of more than ten acres, not involving any new street or easement of access or residential dwellings, shall be exempted from this definition.
Subdivider: Any individual, firm, partnership, association, corporation, estate, trust, or any other group or combination acting as a unit (or agent authorized thereby) which undertakes the subdivision or development of land.
Subdivision Officer: That official of the Township designated by the Board of Supervisors to administer the provisions of this Ordinance.
Surveyor: A registered surveyor licensed in Pennsylvania.
Township: The Township of __________.
Watercourse: A permanent stream, intermittent stream, river, brook, creek or channel or a channel or ditch for water, whether natural or man-made.
Water Supply:
Individual system: A safe, healthful, and adequate supply of water to a single user from a private well located on the land of the user.
Center water supply system: A system for supplying water from a common source or sources to all dwellings and other buildings within a development. The water supply source may be located on-site and/or off-site. A central system can be further described as either of the following
Public water supply system: A system which is owned by a municipality, a public company, or a private company which serves more than a single community or subdivision and may be interconnected with other water supply systems.
Community water supply system: A system which is owned by a municipality, a public company, or a private company and which serves a single community or subdivision and is not interconnected with any other water supply system.
Woodland – Generally, a land area characterized by a more or less dense and extensive tree cover. More particularly, a plant community predominantly of healthy trees and other woody vegetation, well-stocked and growing more or less closely together.
Note: For municipalities desiring a more quantified definition, the following is a suggested alternative: “Areas,, groves, or stands of mature trees (i.e., greater than 6″ dbh) covering an area greater than 1/4-acre; or groves of mature trees (i.e., greater than 12″dbh consisting of more than 10 individual trees.”

ARTICLE III: SUBDIVISION AND LAND DEVELOPMENT CONTROL

SECTION 300. Subdivision and Land Development Control

A. No lot, tract, or parcel of land shall be subdivided and no land may be developed, and no street, sanitary sewer, storm sewer, water main, or concomitant facility may be laid out, constructed, opened, or dedicated for public use or travel, or for the use of occupants of buildings abutting or to abut on them, or for the use of occupants of buildings abutting or to abut on them, except in accordance with the provisions of this Ordinance and other applicable Township ordinances.
B. No lot in a subdivision may be sold, no permit to build, alter, or repair any building on land in a subdivision or land development may be issued, and no buildings may be erected in a subdivision or land develop until a final subdivision or land development plan has been approved and recorded, in accordance with this Ordinance and, where required, improvements have been completed or their completion has been assured by a performance guarantee consistent with the terms of Article V of Act 247 and with Sections 502-A.4 and 702 of this Ordinance.
C. The scope of this Ordinance shall include all matters over which, by law, the Township is authorized to exercise control by enactment and enforcement of this Ordinance, including, but not limited to:
1. All improvements within any tract that is undergoing subdivision or land development.
2. The improvement of public facilities, adjacent to any tract undergoing subdivision or land development, including streets and drainage facilities which border upon any such tract; and
3. The installation or enhancement of off-site improvements needed to adequately serve the subdivision or land development, provided that the extent of required off-site improvements shall be economically feasible in relation to the size and scope of the proposed subdivision or land development.

ARTICLE IV: PROCEDURE

SECTION 400. Township Review

Final authority for approval or denial of approval for all preliminary and final subdivision and land development plans shall be vested in the Board of Supervisors. However, prior to action by the Board of Supervisors, all such plans shall be referred to the Township Planning Commission for review and recommendation; provided, however, that the failure to make such referral and/or the failure of the Planning Commission to review and/or make a recommendation with respect to any such plan shall not affect the validity of any action taken by the Board of Supervisors with respect to any such plan.

SECTION 401. Major and Minor Applications

A. For purposes of procedure, all applications shall be classified as either major or minor.
1. Major –
a. Any subdivision other than a minor subdivision;
b. Any land development that does not involve subdivision;
2. Minor – any subdivision in which:
a. No street is to be constructed or widened;
b. No other public improvement, i.e., intended to be dedicated to the Township, is to be constructed;
c. No land disturbance activities will take place except those incidental to construction of a single-family dwelling on each lot; and
d. No more than five lots are created.
B. Major applications shall be subject to all review procedures specified in this article.
C. When an application qualifies as a minor subdivision under the terms of this Section, the applicant may, at his discretion, seek approval according to the following procedures:
1. A sketch plan shall be submitted and reviewed in accordance with Section 402 and 403 of this Ordinance; the requirements and procedures of Sections 404 and 405 regarding preliminary plans shall be waived, except that written comments on the sketch plan shall be presented by the Planning Commission to the applicant within the time period specified in Section 405-B.3 of this Ordinance.
2. A final plan shall be submitted and reviewed in accordance with the applicable provisions of Section 406 and 407. As part of the final plan review process, copies shall be sent to the relevant County agencies applicable to preliminary plans in Section 404-D of this Ordinance.
Note: It is recommended that a simplified submission and review procedure be an available option to applicants for “minor” subdivision, e.g., as defined above. Each municipality may classify minor v. major somewhat differently, but the overall approach is a sensible one, geared to save applicant and municipality time and effort when it is not warranted.

SECTION 402. Submission of Sketch Plan

A. All applicants for subdivision or land development may submit a sketch plan to the Township Planning Commission for review prior to submission of a formal application; except under the procedure for minor plans, however, submission of sketch plan is not mandatory. Submission of a sketch plan does not constitute a formal subdivision or land development application.
B. Sufficient copies of the sketch plan may be submitted to the Subdivision Officer for distribution to the Planning Commission and Township Engineer prior to the Planning Commission meeting at which the sketch plan is discussed. The requisite number of copies shall be as determined by the Board.
C. The applicant is strongly urged to consult the Township’s Natural Features Conservation Ordinance and Storm water Management Ordinance prior to submission of the sketch plan, in order to insure that the proposed subdivision or land development will be compatible with the conservation and stormwater management plans to be submitted.

SECTION 403. Review of Sketch Plan

A. The Planning Commission shall, at a meeting with the applicant, consider the suitability of the sketch plan for the development of the land and its relationship tothe harmonious extension of streets and utilities, arrangement and density of housing, and compatibility of the plan with the comprehensive plan for the Township. Based on this meeting, the Planning Commission shall submit its written comments to the applicant; provided, however, that the failure of the Planning Commission to submit comments in writing shall not be deemed to be an approval of any application or to vest any rights in the applicant.
B. The applicant may, but need not, request further review of the sketch plan by the Board. If further review is requested, the Board may consider the sketch plan, may consider the written or other comments of the Planning Commission, may meet with the applicant, and may advise the applicant as to the Board’s comments with respect to the sketch plan; provided, however, that the Board is not required to review the sketch plan nor to submit comments to the applicant if the Board does review the sketch plan.
C. Nothing herein contained, nor the failure of the Planning Commission or the Board, or both, to proceed or act in accordance with this Section, shall be deemed to be a decision with respect to any subdivision or land development plan or to vest any rights in the applicant.
Note: Sketch plans are extremely helpful for all concerned; a sound review procedure at this stage can avoid misunderstandings and delays later on. If the municipality chooses to make the sketch plan mandatory (vs. optional, as recommended here), then the MPC 90-day review clock for the preliminary plan will be in effect for the sketch plan process, as well — see case law discussion on p.x-14. Further, it is important that the wording throughout this Section (e.g., formal vs. informal, mandatory vs. optional, etc.) leaves no doubt about the purpose and use of sketch plan so as to avoid any misperception on the part of municipality or applicant.

SECTION 404. Submission of Preliminary Plan

A. All preliminary plans submitted pursuant to this Ordinance shall conform to the requirements of this Ordinance and shall, in addition, conform to such administrative regulations of the Board as may have been adopted by the Board at any time or from time to time and as shall be in effect and applicable to the submission at the time such submission is initiated. All submission shall be on the form promulgated by the Township for the submission of subdivision or land development plans.
B. Official submission of a preliminary plan to the Subdivision Officer shall consist of:
1. Four (4) copies of the application for review of preliminary subdivision or land development plan on the form promulgated by the Township for this purpose.
2. A sufficient number of copies (as specified on the application form) of the preliminary plan and all supporting plans and information to enable proper distribution and review, as required by the Board.
3. Payment of application fees and deposit of escrow for plan review cost.
C. Copies of the preliminary plan and all required supplemental data initially shall be
submitted to the Township Subdivision Officer, together with the required fees and
escrow deposit established in accordance with the terms of this Ordinance. The Township Subdivision Officer shall note the date of receipt of the application, fees, and escrow deposit. The application shall not be deemed to be submitted until a complete application and the required fees and the required escrow deposit all have been submitted. The Township Subdivision Officer shall make a preliminary review of the application. If the Township subdivision Officer determines that the application is defective on its face, he shall notify the applicant, who may request the return of all submission for the purpose of correction and resubmission. A request for the return of all submissions shall be in writing and shall be deemed to be a withdrawal of the application.
Note: Since the MPC 90-day clock is measured from the date the application is “filed” See Section 405-B.3, below), it is important to clarify when that filing officially occurs. The language in C, above and D, below, specifies that filing does not occur until the application is deemed complete by the municipality and accepted as such. A procedure is spelled out for the municipality to return an incomplete application, further specifying that an applicant’s request for a return of this submission constitutes an official withdrawal; thus, any resubmission of a corrected application would restart the 90-day clock. In such cases, the escrow deposit would be returned, but not the application fee (unless the municipality so chose).
D. Upon submission of a complete application, together with all required fees and escrow deposits, the Township Subdivision Officer shall accept the application, plans, and other required materials as filed, and shall transmit the requisite number of copies of the plans and other required materials to the Township Planning Commission, the Township Engineer, and the Township Supervisors. In addition, copies shall be transmitted to:
1. Union County Planning Commission (1 copy and referral letter).
2. _________ Township Sewage Enforcement Officer (2 copies and referral letter) for review of matters relating to adequacy of the site to sustain on-site water and/or sewage disposal system.
3. Union County Soil and Water Conservation District (1 copy), at the discretion of the Township, for review of matters relating to drainage and abatement of soil erosion. Any costs for such review shall be paid by the applicant.
4. Such additional persons or agencies as the Township shall determine.

SECTION 405. Review of Preliminary Plan

A. Township Planning Commission
1. The Township Planning Commission shall review all plans referred to it and shall consider any recommendations made by any county agency, the Township Engineer, the Township Sewage Enforcement Officer, and any other persons or entity who shall have submitted comments with respect to any such application.
2. After such review, the Secretary of the Planning Commission shall send written notice of the action of the Planning Commission and the reasons therefor, citing specific sections of statutes or ordinances relied upon, to the following:
a. Board of Supervisors
b. Applicant
B. Board of Supervisors
1. When a preliminary plans has been officially submitted to the Board ofM Supervisors by the Planning Commission, such plan shall be placed on its agenda for review and action.
2. In acting on the preliminary subdivision or land development plan, the Board shall review the plan and the written comments of the Planning Commission, Sewage Enforcement Officer, Township Engineer, County Planning Commission, and all other reviewing agencies, and comments from public hearings, if any, to determine conformity of the application to the standards of this and any other applicable ordinance. The Board may specify conditions, changes, modifications, or addition to the application which the Board deems necessary and may make a decision to grant preliminary approval subject to such conditions, changes, modifications, or additions, citing appropriate ordinance provisions as prescribed in Subsection 405-B.5, below.
3. For the purposes of Section 508 of Act 247, the Township Planning Commission is the body which first reviews any application. All applications for preliminary approval of a plat shall be acted upon by the Board of Supervisors and communicated to the applicant within 90 days following the date of the regular meeting of the Planning Commission next following the date the application is filed, provided that should the said next regular meeting of the Planning Commission occur more than 30 days following the filing of the application, the said 90-day period shall be measured from the 30th day following the day the application is filed.
4. The decision of the Board shall be in writing and shall be communicated to the applicant personally or mailed to the applicant not later than 15 days following the
decision or by the end of said 90-day period, whichever shall first occur. The form and content of the decision shall comply with applicable requirements of Act 247,Section 508.
5. Whenever the approval of a preliminary plan is subject to conditions, the written
action of the Board as prescribed herein shall (a) specify each condition of approval, citing relevant ordinance provisions in each case, and (b) require the applicant’s written agreement to the conditions. Where the applicant’s written concurrence is not received within the time allotted, the Board shall be deemed to have denied approval.

SECTION 406. Submission of Final Plan

A. The final plan shall conform to the terms of approval of the preliminary plan and to the most recent administrative regulations adopted by the Board.
Note: Occasionally an applicant files a final plan that differs from the approved preliminary (including any conditions imposed). The municipality must decide if these changes are significant enough to consider it a new plan, or whether the changes are so minor that the final plan essentially is “in conformance” with the preliminary approval. If the former is true, the municipality should request that these discrepancies be remedied and the plan resubmitted (during the 90-day period, or an extension thereof). If the applicant refuses to do so, the municipality has little choice but to deny final approval, and thus to the ordinance.
B. The Board may permit submission of the final plan in sections, pursuant to the terms of Section 508(4) of Act 247.
C. Official submission of a final plan to the Subdivision Officer shall consist of:
1. Four (4) copies of the application for review of final subdivision or land development plan on the form promulgated by the Township for this purpose.
2. A sufficient number of copies (as specified on the application form) of the final plan and all supporting plans and information to enable proper distribution and review, as required by the Board.
3. Payment of application fees and deposit of escrow for plain review cost.
D. Copies of the final plan and all required supplemental data initially shall be submitted to the Township Subdivision Officer, together with the required fees and escrow deposit established in accordance with the terms of this Ordinance. The Township Subdivision Officer shall note the date of receipt of the application, fees, and escrow
deposit. The application shall not be deemed to be submitted until a complete application and the required fees and the required escrow deposit all have been submitted. The Township Subdivision Officer shall make a preliminary review of the application. If the Township Subdivision Officer determines that the application on its face, he shall notify the applicant who may request the return of all submission for the purpose of correction and resubmission. a request for the return of all submission shall be in writing, and shall be deemed to be a withdrawal of the application.
E. Upon submission of a complete application, together with all required fees and escrow deposits, the Township Subdivision Officer shall accept the application, plans, and other required materials and shall transmit the requisite number of copies of the plans and other required materials to the Township Planning Commission, the Township Engineer, and the Township Sewage Enforcement Officer. In addition, copies shall be transmitted to such additional persons or agencies as the Township shall determine.
F. Where the final plan is for a minor subdivision, the requisite number of copies shall be submitted to the County Planning Commission and other applicable agencies for their review as would be required of a preliminary plan pursuant to Section 404-D, above.

SECTION 407. Review of Final Plan

A. Township Planning Commission
1. The Planning Commission shall review the final plan submitted and shall consider any recommendations of the Sewage Enforcement Officer, the Township Engineer, and any other reviewing agency submitting comments.
2. After such review, the Secretary of the Planning Commission shall send written notice of the action of the Planning Commission and the reasons therefor, citing specific sections of statutes or ordinances relied upon, to: (I) the Board of Supervisors, (II) the applicant, and (III) the governing body of any adjacent municipality if the proposed project includes land in that municipality or directly on its boundaries.
B. Board of Supervisors
1. When a written report on a final plan has been officially returned to the Board of Supervisors by the Planning Commission, such plan shall be placed on the agenda of the Board of Supervisors for review.
2. Upon receipt of the Planning Commission’s recommendation and other supporting information, the Board shall, at one or more regular or special public meetings, review the final plan and shall, within the time limitations set forth herein below, either approve or disapprove the plan. Notwithstanding the foregoing procedure, the Board shall render a decision on all final plans and communicate it to the applicant not later than 90 days following the date of the regular meeting of the Planning Commission next following the date the application is filed, provided that should the said next regular meeting occur more than 30 days following the filing of the application, the said 90-day period shall be measured from the 30th day following the day the application has been filed.
3. The decision of the Board shall be in writing and shall be communicated to the applicant personally or mailed to him at his last known address not later than 15 days following the decision or by the end of the said 90-day period, whichever shall first occur. The form and content of the decision shall comply with applicable requirements of Act 247, Section 508.
4. Copies of the final plan as finally approved, with the appropriate endorsement of the Board of Supervisors and the Township Engineer, shall be distributed as follows:
a. At least 3 copies, 2 of which shall be recorded in accordance with Section 410, to the applicant.
b. 1 Copy to the Township Subdivision Officer.
c. 1 Copy to the County Planning Commission.
d. 1 Copy to the Township Sewage Enforcement Officer.
e. 2 Copies (one of which shall be mylar) to be retained in the Township files, together with one copy of all supporting materials.
C. Every final plan approval shall be subject to these further conditions:
1. The applicant shall execute a subdivision and land development agreement in accordance with Section 408.
2. The applicant shall provide a performance guarantee in accordance with Section 409.
3. The applicant agrees, if requested, to tender a deed of dedication to the Township for such streets, and all easements for sanitary sewers, water lines, or storm sewers, and improvements thereto, including street paving, sidewalks, shade trees, water mains, fire hydrants, sanitary and storm sewers, manholes, inlets, pumping stations, and other appurtenances as shall be constructed as public improvements and as are required for the promotion of public welfare, after all streets, sidewalks, sewers, and the like are completed and such completion is certified as satisfactory by the Township Engineer. The Board may require that the applicant supply a title insurance certificate from a reputable company before any property is accepted for the Township.
4. Whenever the applicant is providing open space as part of the development, an easement in perpetuity restricting such open space against further subdivision or development shall be executed between the applicant and the Township or an organization acceptable to the Township, and shall run to the benefit of the Township and lot purchasers in the subdivision or land development.
5. The applicant shall have applied for all required permits from agencies having jurisdiction over ancillary matters necessary to effect the subdivision or land development, such as Pennsylvania Departments of Transportation and Environmental Resources, Public Utility Commission, and other applicable Federal State, County or Municipal agencies.
Note: Recent case law–Bloom v. Lower Paxton Township, 457 a.2d 166 (1983)–says that local governments may not require that the applicant be in receipt of such permits before final approval is granted. Rather, the municipality must grant final approval, conditioned upon subsequent receipt of the permit(s). (The Bloom case refers only to a state permit, but the argument logically would extend to any such permit, including county, municipal authority, etc.)

SECTION 408. Subdivision and Land Development Agreements

The applicant shall execute an agreement, to be approved by the Township, before the final plan is released by the Board of Supervisors and filed on record. Said agreement shall specify the following, where applicable:
A. The applicant agrees that he will lay out and construct all streets and other improvements, including grading, paving, curbs, gutters, sidewalks, street lights, fire hydrants, water mains, street signs, shade trees, storm and sanitary sewers, landscaping, traffic control devices, open space areas, and erosion and sediment control measures in accordance with the final plan as approved, where any or all of these improvements are required as conditions of approval.
B. The applicant guarantees completion and maintenance of all improvements by means of a type of financial security acceptable to the Township, as specified in Section 409-B of this Ordinance.
C. The applicant agrees to tender a deed or deeds of dedication to the Township for such streets and for such easements for sanitary and storm sewers, sidewalks, manholes, inlets, pumping stations, and other appurtenances as shall be constructed as public improvements, provided that the Township shall not accept dedication of such improvements until their completion is certified as satisfactory to the Township Engineer.
D. Whenever an applicant proposes to establish or continue a street which is not offered for dedication to public use, the Board of Supervisors shall require the applicant to submit, and also to record with the plan, a copy of an agreement made with the Board on behalf of himself and his heirs and assigns, and signed by him, and which shall establish the conditions under which the street may later be offered for dedication, and shall stipulate, among other things:
1. That an offer to dedicate the street shall be made only for the street as a whole.
2. That the Township shall not be responsible for repairing or maintaining any undedicated streets.
3. That the method of assessing repair and maintenance costs of undedicated streets be stipulated, and be set forth in recorded deed restrictions so as to be binding on all successors or assigns.
4. That, if dedication be sought, the street shall conform to Township specifications or that the owners of the abutting lots shall, at their own expense, restore the street to conformance with Township specifications.

SECTION 409. Performance Guarantees

A. The applicant shall deposit with the Township financial security in an amount sufficient to cover the cost of all improvements (including both public and private improvements) and common amenities, including but not limited to street, walkways, curbs, gutters, street lights, shade trees, Storm water detention and/or retention facilities, pipes and other related drainage facilities, recreational facilities, open space improvements, buffer or screen plantings and, except as provided for in Section 409-F hereof, water mains and other water supply facilities, fire hydrants, and sanitary sewage disposal facilities.
B. Financial security required herein shall be in the form of a Federal or Commonwealth chartered lending institution irrevocable letter of credit, a restrictive or escrow account in such institution or with a financially responsible bonding company, or such other type of financial security which the Township may, in its reasonable discretion, approve.
The bonding company may be chosen by the party posting the financial security, provided that the said bonding company or lending institution is authorized to conduct business within the Commonwealth and stipulates that is will submit to Pennsylvania jurisdiction and Union County venue in the event of legal action.
C. The said financial security shall provide for, and secure to the public, the completion of all subdivision improvements for which such security is being posted within one year of the date fixed in the subdivision plan and subdivision agreement for completion of such improvements.
D. The amount of financial security shall be equal to 110 percent of the cost of the required improvements for which financial security is to be posted. The cost of the improvements shall be established by submission to the Board of Supervisors of bona fide bids from the contractor or contractors chosen by the party posting the financial security to complete the improvements or, in the absence of such bona fide bids, the costs shall be established by estimate prepared by the Township Engineer. If the party posting the financial security requires more than one year from the date of posting of the financial security to complete the required improvements, the amount of financial security shall be increased by an additional 10 percent for each one year period beyond the first anniversary date from posting of financial security or to an amount not exceeding 110 percent of the cost of completing the required improvements as reestablished on or about the expiration of the preceding one year period by using the above bidding procedure.
E. In the case where development is projected over a period of years, the Board of Supervisors may authorize submission of final plans by section or stage of development, subject to such requirements or guarantees as to improvements in the future sections or stages of development as it finds essential for the protection of any finally approved section of the development, and consistent with the terms of Section 508(4) of Act 247.
F. If water mains or sanitary sewer lines, or both, along with apparatus or facilities related thereto, are to be installed under the jurisdiction and pursuant to the rules and regulations of a public utility or municipal authority separate and distinct from the Township, financial security to assure proper completion and maintenance thereof shall be posted in accordance with the regulations of the controlling public utility or municipal authority and shall not be included within the financial security as otherwise required by this Section.
G. As the work of installing the required improvements proceeds, the party posting the financial security may request the Board of Supervisors to release or authorize to be released, from time to time, such portions of the financial security necessary for payment to the contractor or contractors performing the work. Any such requests shall be in writing addressed to the Board of Supervisors, and the Board shall have 45 days from receipt of such request within which to allow the Township engineer to certify, in writing, that such portion of the work upon the improvements has been completed in accordance with the approved plans. Upon such certification, the Board shall authorize release by the bonding company or lending institution of an amount as estimated by the Township Engineer fairly representing the value of the improvements completed. The Township Engineer, in certifying the completion of work for a partial release, shall not be bound to the amount requested by the applicant, but shall certify to the Board his independent evaluation of the proper amount of partial releases. The Board may, prior to final release at the time of completion and certification by the Township Engineer, require retention of 10 percent of the estimated cost of the aforesaid improvements as per Section 702-D of this Ordinance.

SECTION 410. Recording of Final Plan

Within 90 days of the applicant’s execution of the subdivision and land development agreement and performance guarantee, the final plan shall be recorded by the applicant in the office of the Recorder of Deeds of Union County.

SECTION 411. Commence of Development

A. No construction or land disturbance activities (not including soils or percolation testing, well drilling or similar engineering or surveying activities) shall be commenced until the applicant submits to the Township Secretary a copy of the Recorder of Deeds’ receipt for recording of the final plan.
B. No application for a building permit under the Township Zoning Ordinance shall be submitted and no building permit under the Township Zoning Ordinance shall be issued for any building in any subdivision or land development and no work shall be done on any building in any subdivision or land development until the final plans for the said subdivision or land development have been approved and recorded as provided for and until the terms of Section 411-A hereof have been satisfied. Further, where final subdivision or land development approval has been conditioned upon the submission and approval of individual lot grading plans for some or all of the lots, no building permit shall be issued for construction on any such lot until this condition has been complied with.
C. No water system or sewer system, including extensions to existing or proposed Township systems or new systems employing sewage treatment plants, shall be constructed prior to the issuance of appropriate permits from the Pennsylvania Department of Environmental Resources or from federal or local agencies, as required.

SECTION 412. Time Limitation of Plans

The continuing validity of any approval of plans in accordance with this Article shall be subject to those limitations established by Section 508(4) of Act 247.

SECTION 413. Plan Amendments

Major modifications of the approved plan, as determined by the Township, shall be resubmitted and reprocessed in the same manner as the original plan. All site disturbance activities shall cease pending approval of modified plans.


ARTICLE V: PLAN CONTENT REQUIREMENTS

SECTION 501. Sketch Plan

A. It is strongly suggested that the applicant submit a sketch plan as a basis for informal discussion with the Planning Commission and, as appropriate, the Board of Supervisors as to the intended use and arrangement of a proposed subdivision or land development.
B. The applicant may submit whatever information he deems useful; however, to facilitate the fullest possible response from the Planning Commission, the applicant is encouraged to submit the following items:
1. Name and address of the owner/applicant;
2. Name and address of the applicant’s engineer, surveyor, planner, architect, or landscape architect, if available;
3. Scale of sketch and graphic scale; the plan need not be exact scale, nor are precise dimensions required, but it should be clearly titled “Sketch Plan”;
4. Approximate tract boundaries;
5. North point;
6. Location map;
7. Streets on and adjacent to the tract;
8. Topographical and physical features, including contours (minimum 10′ intervals);
9. Proposed general lot, building, and street layout;
10. Applicable zoning requirements; and
11. In the case of land development plans, proposed general layout, including building locations, parking lots, and open spaces.

SECTION 502. Preliminary Plan

A preliminary plan shall consist of and be prepared in accordance with the following:
A. Drafting Standards
1. Subdivision or land development plans submitted for review for preliminary approval shall be clear and legible black or blue on white prints of the drawings. Space shall be provided for signatures by the Board on the face of the plans.
2. Preliminary plans shall be on sheets not larger than 34 inches by 44 inches overall. It is recommended that, as far as practicable, final plan sheets be held to the following overall sizes: 17 inches by 22 inches, 24 inches by 36 inches, 30 inches by 42 inches. Where necessary to avoid sheets larger than the maximum size prescribed above, preliminary plans shall be drawn in two or more sections, accompanied by a key diagram showing relative location of the sections.
3. The scale shall be one inch = 50 feet or less, except that, where proposed lots are to be greater than ten acres in size, the scale may be one inch = 100 feet.
4. Dimensions shall be set in feet and decimal parts thereof, bearing in degrees, minutes, and seconds (errors of closure shall not be more than one part per 10,000).
5. Each sheet shall be numbered and shall show its relationship to the total number of sheets.
6. The plan shall bear an adequate legend to indicate clearly which features are existing and which are proposed.
7. All plans and surveys shall be prepared in accordance with the Act of May 23,1945 (pl. 913, No. 367), known as the Professional Engineers Registration Law.
B. Site Design and Layout Plan
1. A key map for the purpose of locating the site to be subdivided or developed, at a scale that assures readability, shall show the relation of the tract to adjoining property and to all streets and municipal boundaries existing within 1000 feet of any part of the property proposed to be subdivided or developed.
2. A series of maps prepared according to ss 502-a, above, with accompanying narrative as needed, shall show the following:
a. Proposed subdivision or land development name of identifying title.
b. Name and address of the landowner of the tract or of his authorized agent, if any.
c. Name and address of the registered engineer or surveyor responsible for the plan. If an architect or landscape architect collaborated in the preparation of the plan, his name and address also shall appear.
d. Zoning information, including: applicable district, lot size and yard requirements, proof of any variance or special exception which may have been granted, and any zoning boundaries that traverse or are within 200 feet of the tract.
e. Tract boundaries showing bearings and distances.
f. Total acreage of the tract.
g. Original date of preparation, revision dates, north point, and graphic and written scale.
h. The names of all owners and the deed references of all adjacent lands, the names of all proposed and existing subdivisions adjacent, and all locations and dimensions of any streets and/or right-of-way easements shown therein.
i. The locations and dimensions of all existing streets, bridges, culverts, pipes, railroads, sewers and sewage systems, aqueducts, water mains and feeder lines, fire hydrants, gas, electric, and oil transmission lines, water courses, building, sources of water supply, easements, and other significant features within the property or any adjacent property, or within any other property which the Planning Commission feels could be impacted by the proposed development or subdivision.
j. The locations and widths of any streets or other public ways or places as shown upon an adopted local or county plan, if such plan exists for the area to be subdivided or developed.
k. Identification of all historically significant sites of structures within the property or any adjacent property, or within any other property which the Planning Commission feels could be impacted by the proposed development or subdivision.
l. Locations of walkways, paths, or trails (pedestrian, equestrian, bicycle, etc.), traversing the site and extending beyond it, that have been in public use, or which have been proposed on the Township’s Trail Plan. Proposals for their continued protection through easement or otherwise shall be included.
m. a full plan of the development, showing proposed lot layout with lots numbered in consecutive order and individual lot dimensions sufficiently detailed to demonstrate to the Township how the proposed layout compares to zoning requirements and that it is mathematically attainable within the parcel being subdivided, and location of areas to be subject to easements of any kind.
(1) In addition, the plan for a land development shall show, where applicable, proposed building locations, location and size of parking lots, provisions for access and traffic control, locations of loading docks, and provisions for landscaping and lighting of the site.
n. Where the submitted covers only a part of the applicant’s entire holding and where specifically required by the Township Planning Commission, a sketch plan of the prospective future street system of the unsubmitted part will be considered in light of adjustments and connections with future street in the part not submitted.
o. In addition to all other requirements, plans for cluster or multi-family developments also must include the following information:
(1) Areas that are proposed to remain open or wooded.
(2) Recreational areas.
(3) Areas to be used for agriculture.
(4) Total dwelling units, number of buildings, proposed density, total parking spaces, and bedroom ratio.
(5) Wastewater treatment facilities site and associated land areas for spray irrigation or subsurface disposal fields.
p. Where subdivision of land is proposed as a part of land development because of creation of mortgages encumbering less than the entire tract, a plan shall be submitted showing the proposed division of property, including fee-simple access to all parcels not fronting on public roads. Such access shall be a minimum of 50 feet wide.
3. All plans shall be accompanied by Planning Modules for Land Development provided by the Pennsylvania Department of Environmental Resources, including information with regard to the means of sewage disposal and provision of water supply and, if on-site sewage facilities are contemplated, certain test pit and percolation test information as called for in Section 622-D, in order that the Township may have sufficient information to make a determination if the proposed
subdivision or land development adequately meets the sewage disposal needs of the Township.
4. A statement or certificate by the engineer or surveyor indicating that the plans are or are not in conformity with engineering, zoning, subdivision, building, sanitation, and other applicable ordinances and regulations and, if they are not so conforming, the reasons for requesting an exception. Proposed zoning changes shall note the suggested locations of buildings in connection therewith.
C. Improvements Construction Plan
1. A statement describing proposed public improvements, including: streets and gutters, a typical cross-sectional diagram of proposed street construction, and the means of water supply and sewage disposal to be provided.
2. A plan or plans showing location, width, and names of all proposed streets and
street rights-of-way, and including: all street extensions or spurs as are reasonably
necessary to provide adequate street connections and facilities to adjoining developed or undeveloped areas; preliminary profiles for proposed street; proposed minimum setback line for each streets; location and dimensions of playgrounds, public buildings, public areas, and parcels of land proposed to be dedicated or reserved for public use.
3. Where public sewer service is determined to be feasible through connection to the Municipal Authority system, or where a community sewage system is anticipated, the preliminary design of sewage systems, including but not limited to the location and grade of sewers, pumping stations, sewer mains and, where applicable, sewage treatment plants and wastewater reclamation’land application sites, showing the type and degree of treatment intended and the size, capacity, and location of treatment facilities. Also, if required by the authority or the Board of Supervisors, the location of a proposed right-of-way not less than 30 feet in width along natural watercourses and where otherwise necessary in order to permit the Authority or Township to construct and maintain sanitary and/or storm sewers as and when required.
4. Where off-site or central water service is anticipated, the preliminary design of water distribution facilities, including the size and location of water mains, fire hydrants, storage tanks and, where appropriate, wells or other water sources.
5. If land to be subdivided lies partly in another municipality, the applicant shall submit information concerning the location and design of streets, layout and size of lots, and provisions of public utilities in land subject to his control within the
adjoining municipality. The design of public improvements shall provide for a smooth, practical transition where specifications vary between municipalities. Evidence of approval of this information by appropriate officials of the adjoining municipality also shall be submitted.
6. Where the applicant proposed to install the improvements, in sections, he shall submit with the preliminary plan, pursuant to Section 508(4) of the Municipalities Planning Code, a delineation of the proposed sections and a schedule of deadlines within which applications for final approval of each section are intended to be filed.
D. Conservation Plan
A conservation plan shall be submitted as part of the preliminary plan application and shall include the following minimum information:
1. Site Inventory of Existing Features. The applicant shall identify the following site features, as applicable, by displaying them on the property base map:
a. Geologic information, based upon available published information or more detailed data obtained by the applicant for his property.
b. Topography, the contour line intervals of which shall be not more than two feet for land with average natural slope of 10% or less, and at intervals of not more than five feet for land with average natural slope exceeding 10%. Location and elevation to which contour elevations refer shall be identified; where reasonably feasible, this shall be a known established benchmark. Slopes exceeding 15% shall be clearly indicated.
c. The location and delineation of ponds, streams, wetlands (as mapped in the Township Comprehensive Plan), natural drainage swales, areas of wet soils, and 100-year flood plain boundaries. Where the proposed subdivision and/or land development lies partially or completely within any 100-year flood plain area (as delineated in the Township Zoning Ordinance) or wetland area, the conservation plan shall include a map showing the following:
(1) the 100-year flood plain boundaries and elevations, which shall be those determined by the Federal Insurance Administration or from other known sources or, in the absence of such, shall be as calculated by the applicant;
(2) contours at 2-foot intervals;
(3) areas of wetland, as defined herein;
(4) areas subject to special deed restrictions;
(5) the location and elevation of proposed roads, utility and building sites, fill, and erosion and/or flood protection facilities.
d. Soil series, types, and phases, as mapped by the USDA Soil Conservation Service, and accompanying data tabulated for each soil, including: name, depth to seasonal high water table, agricultural capability class, erodibility (if data are available), and hydrologic group.
e. Vegetative cover conditions on the property according to general cover type, e.g., cultivated land, permanently grass land, old field, hedgerow, tree line, orchard, woodland, etc. For all woodlands, the applicant shall indicate the principal species of dominant and co-dominant trees and the shrub understory. Areas occupied by specimen trees, as identified by the municipality, shall be indicated, along with the species of such trees.
f. Notations including all areas of woodland, as shown on the Township Comprehensive Plan’s Scenic and Biotic Resources Map, that are proposed for clearing as part of the subdivision or land development plan, together with reasons for such clearing.
g. Historic resources, including structures, ruins, sites, traces, and relationship to the boundaries of any National Register historic district.
h. Existing paths and trails.
i. a delineation of those portions of the tract visible from adjacent public roads, together with any areas or sites deemed visually significant as identified on the map of scenic resources in the Township Comprehensive Plan.
2. Impact Assessment. The site features identified in ss 502D(1), above, shall be shown on plan map(s) or on a transparent overlay at the same scale as plan map(s) submitted, in order to determine the locational relationship of identified site features to development as proposed, including proposed structures, roads, driveways, parking areas, Storm water management facilities, recreation facilities, sewage or water lines or facilities, changes to natural grade, and vegetation removal.
E. Storm water Management Plan
A plan for the management of Storm water, including the control of erosion and sedimentation during the course of site preparation or any other land disturbance, shall be submitted as part of the preliminary plan application. The plan shall, at minimum, comply with the standards and criteria contained in ss627 of this Ordinance. The following shall be shown on the property line base map.
1. All existing facilities and natural systems for controlling storm water runoff.
2. All proposed earthmoving and grading, including devices and measures to control erosion during land disturbance, as well as stabilization and site restoration measures.
3. All proposed facilities and natural systems for controlling stormwater runoff, including:
a. The location of drainage swales, basins, infiltration structures, pervious surfaces, etc.
b. The size, elevation, and location of manholes, pipes, inlets, and endwalls.
c. Preliminary designs of any bridges or culverts that may be required.

SECTION 503. Final Plan

Final plans shall conform in all important details to preliminary plans, including any conditions specified by the Board. a final plan shall consist of and be prepared in accordance with the following:
A. Drafting Standards
1. Subdivision per land development plans submitted for review for final approval shall be clear and legible black or blue on white prints of the drawings. Space shall be provided for signatures by the Board on the fact of the plans.
2. Final plans shall be on sheets not larger than 34 inches by 44 inches overall. It is recommended that, as far as practicable, final plan sheets be held to the following overall sizes: 17 inches by 22 inches, 24 inches by 36 inches, 30 inches by 42 inches. Where necessary to avoid sheets larger than the maximum size prescribed above, final plans shall be drawn in two or more sections, accompanied by a key diagram showing relative location of the sections.
3. The scale shall be one inch = 50 feet or less, except that, where proposed lots are to be greater than five acres in size, the scale may be one inch = 100 feet.
4. Dimensions shall be set in feet and decimal parts thereof, bearing in degrees, minutes, and seconds (errors of closure shall not be more than one part per 10,000).
5. Each sheet shall be numbered and shall show its relationship to the total number of sheets.
6. The plan shall bear an adequate legend to indicate clearly which features are existing and which are proposed.
7. All plans and surveys shall be prepared in accordance with the Act of May 23, 1945 (PL. 913, No. 367), known as the Professional Engineers Registration Law.
B. Site Design and Layout Plan
1. All information required in ss502-(B)2, above.
2. Sufficient data to determine readily the location, bearing, and length of every lot and boundary line and to produce such lines upon the ground, including all dimensions, angles, or bearings of the lines and areas of each lot and of each area proposed to be dedicated to public use. The gross and net area of the tract shall be included.
3. For residential subdivisions, the proposed house locations and names of all streets. The Township shall assign house numbers throughout the municipality. The applicant may be required to submit a letter(s) from the postmaster, fire company, and/or emergency services personnel confirming the acceptability of proposed street names.
4. Location of permanent reference monuments.
5. A certificate of title showing the ownership of the land to be vested in the subdivider or other applicant for plan approval.
6. A statement duly acknowledged before an officer authorized to take acknowledgments of deeds and signed by the owner or owners of the property, to the effect that the subdivision or land development shown on the final plan is made with his or their free consent and in accordance with his or their desires.
7. All offers of dedication and covenants governing the reservation and maintenance of undedicated open space, which shall bear the certificate of approval of the Township Solicitor as to their legal sufficiency.
8. A copy of such private deed restrictions, including building setback lines, as may be imposed upon the property as condition to sale, together with a statement of any restrictions previously imposed which may affect the title to the land being subdivided. Such restrictions shall be satisfactory to the Board.
9. Such certificates of approval (or of preliminary approval) by proper authorities of the Commonwealth as may have been required by the Board or by this Ordinance.
10. Certification of the engineer, land surveyor, landscape architect, or land planner who prepared the plan that the plans are in conformity with zoning, building, sanitation, subdivision, and other applicable Township Ordinances and regulations. In any instance where such plans do not conform, evidence shall be presented that an exception or waiver has been authorized.
C. Improvements Construction Plan
Where public improvements other than monuments and street traffic signs are to be required for any subdivision or land development, an improvements construction plan and specifications prepared by a registered professional engineer shall be filed, setting for the nature and location of the work and all engineering data necessary for completion of the work. The improvements construction plan and specifications shall be subject to approval of the final plan. The improvements construction plan shall conform to the following standards and shall contain the following information:
1. The improvements construction plan shall be at one of the following scales:
Horizontal -1 inch = 100′ or 1 inch = 10′
Vertical-1 inch = 50′ or 1 inch = 5′
2. Where streets are proposed for dedication, a plan is required of street profiles and cross-sections incorporating the following information:
a. The profile plan shall show the vertical section of the existing grade along with the centerline of the proposed street. Where storm drainage and/or sanitary sewer lines are to be installed, they also shall be indicated on the profile plan.
b. A typical cross-section of street construction shall be shown on the profile plan and shall indicate the following:
(1) Right-of-way width and the location and width of paving within a right-of-way.
(2) Type, thickness, and crown of paving, including base and sub-base.
(3) The location, width, type, and thickness of curbs, sidewalks, and stone sub-base to be installed, if any.
(4) Typical location, size, and depth of any underground utilities that are to be installed in the right-of-way, where such information is available.
3. If required, a plan for location and type of street lights to be installed, together with the necessary contract for street light installation for approval by the Township.
4. Where off-site or community sewer service is to be provided, the final design of all facilities, including but not limited to sewer mains, manholes, pumping stations, and sewage treatment facilities.
5. Where off-site or central water service or water supply is to be provided, the final design, including location and size of all water service facilities within the subdivision, shall be shown, including wells, storage tanks, pumps, mains, valves, hydrants. The plan shall contain a statement that the placement of fire hydrants and the components of the system have been reviewed by the Fire Marshall and that both are compatible with the firefighting methods and equipment utilized by local fire companies.
D. Conservation Plan
A conservation plan as stipulated in Section 502-D, consistent with the terms of preliminary plan approval and modified as necessary to reflect the proposal for final approval.
E. Storm water Management Plan
A storm water management plan as stipulated in Section 502-E, consistent with the terms of preliminary plan approval and modified as necessary to reflect the proposal for final approval.

SECTION 600. Application

A. The following principles, standards, and requirements shall be applied by the Board in evaluating plans for proposed subdivision and land development. In addition, the standards set forth in the Township Zoning Ordinance for the particular district in which the subdivision or land development is taking place shall govern the layout of lots and/or design of building, parking lots, and other facilities.
B. The standards and requirements outlined herein shall be considered minimum standards and requirements for the promotion of public health, safety, 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 compliance with the objectives of this Ordinance.
Note: Lodging this discretionary authority with the governing body makes the administration of this ordinance considerably different from zoning, where relatively little discretion can be exercised and then only under fairly prescribed terms.

SECTION 601. Land Requirements

A. Land shall be suited to the purposes for which it is to be subdivided or developed.
Proposed land developments shall be coordinated with existing nearby neighborhoods so that the community as a whole may develop harmoniously.
B. No land shall be developed for residential purposes unless all hazards to life, health, or property from flood, fire, and disease shall have been eliminated or unless the plans for the development shall provide adequate safeguard against such hazards.
C. No plan of subdivision or land development shall be approved which would result in lots or land use, or which would in any other way be, inconsistent with the Township Zoning Ordinance then in effect for the zoning district in which the land to be developed or subdivided is located.
Note: The design standards in this Article reflect currently sound practices and our recent experience with several Pennsylvania municipalities; some also conform to updated PennDOT guidelines. Clearly, each local government and its municipal engineer must tailor these standards to match local conditions and needs. No attempt has been made, therefore, to comment on all the numerical standards which follow.

SECTION 602. Blocks

A. The length, width, and shape of blocks shall be determined with due regard to:
1. Provision of adequate sites for buildings of the type proposed.
2. Topography.
3. Requirements for safe and convenient vehicular and pedestrian circulation.
4. Thoughtful and innovative design to create an attractive community opportunities for the utilization of solar energy.
Note: This type of design guidelines can be included by those municipalities interested in seeing that solar access options are retained. See also Section 603-C and 604-C and D, below.
B. Blocks shall have a maximum length of 1,600 feet and, as far as practicable, a minimum length of 500 feet. In design of blocks longer than 1,100 feet, special consideration should be given to access for fire protection, whether by an easement for emergency access or sidewalk installation.
C. Residential blocks shall be of sufficient depth to accommodate 2 tiers of lots, except where reverse frontage lots are used.

SECTION 603. Lots and Lot Sizes

A. Lot dimensions and areas and minimum front yard setbacks shall not be less then as required by the Township Zoning Ordinance, as it may be amended from time to time.
B. Except as provided in Section 603-F, below, all lots shall have frontage on and direct access to a street, existing or proposed. Each lot shall have, in addition to the required minimum width at the front line, sufficient free and complete access to an existing street cartway or right-of-way to avoid the need to cross any portion of another lot to reach such street.
C. In general, side lot lines shall be substantially at right angles or radial to street lines. The Township shall encourage flexibility in lot layout so that the siting of buildings takes maximum advantage of solar energy, e.g., the orientation of buildings with their long axis generally in an east-west direction.
D. Any proposed lots abutting an existing or proposed arterial or major collector street in the Township shall be designed as reverse frontage lots having direct access only to a minor collector or local street, as specified in the Township Zoning Ordinance. This requirement may be waived by the Board of Supervisors if, in its judgement:
1. The advantages to the Township of compliance with this standard are outweighed by the applicant’s resulting inability to meet other requirements of this Ordinance or the Zoning Ordinance (minimum dimensions, layout of lots, disturbance of slopes, etc.); or ii) compliance would be unreasonable or impractical due to the size of the proposed development, configuration of the site, etc.
E. House numbers and street names shall be assigned to each lot by the Township accordance with established Township methods.
F. Interior Lots
1. No more than 2 contiguous interior lots shall be formed. The creation of such lots shall be minimized and limited to those circumstances dictated by the configuration of the site; however, the applicant shall not be permitted to use interior lot design to avoid constructing or extending streets.
2. No more than 2 lots in depth (i.e., one tier of interior lots) shall be created along a new or existing street; access to any other lots shall be taken directly from a new street.
3. An interior lot shall have an access strip, with a minimum width for its entire depth of 5 feet, which connects to a street.
G. For any lot proposed to front on the curved portion of a street, including a cul-de-sac street, the required minimum lot width at the building setback line, as specified in the Township Zoning Ordinance, must be achievable at that point regardless of the existence of sufficient lot width at a point or points deeper on the lot.

SECTION 604. Street System

A. Proposed streets shall be properly related to such street plans or parts thereof as have been officially prepared and adopted by the Township, including recorded subdivision plans and the Official Map of the Township, and shall be classified according to their function.
B. Proposed streets shall further conform to such Township and State road and highway plans as have been prepared, adopted, and filed as prescribed by law.
C. Thoughtful and imaginative design of streets and their relationship to the arrangement and shape of lots is required. Streets shall be logically related to the topography so as to produce usable lots, curvilinear design, reasonable grades, proper alignment and drainage; to provide for adequate vision; and to enhance opportunities for the utilization of solar energy.
D. Insofar as possible, streets on which structures are proposed to front shall be oriented in a general east-west direction, so as to provide the maximum number of structures with southern exposure and to provide the opportunity for solar utilization. Street layout should maximize south facing slope.
E. Minor collector and local streets shall be laid out as to discourage through traffic, but provisions for street connections into and from adjacent areas may be required by the Board.
F. If lots resulting from original subdivision are large enough to permit resubdivision, or if a portion of the tract is not subdivided, adequate street rights-of-way to permit further subdivision shall be provided as necessary, to be no less than the rights-of-way then required for minor collector or local streets.
G. Where a subdivision or land development abuts or contains an existing or proposed major collector or arterial street, the Board may require dedication of additional right of-way to provide the minimum right-of-way specified hereinafter, as well as marginal access streets, rear service alleys, service 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 through traffic. Where warranted because of additional traffic, drainage, or comparable problems/conditions, both sides of said major street are to be improved as a responsibility of the applicant himself, or by means of sufficient funds escrowed for use by the Township to execute such improvement.
H. New half or partial streets shall not be permitted except where essential to reasonable development of a tract in conformance with the other requirements and standards of this Ordinance and where, in addition, dedication of the remaining part of the street has been secured. Wherever a tract to be developed borders an existing half or partial streets, the other part of the street shall be plotted within such tract. Where new half or partial streets are proposed, the acceptance of final plans shall be conditioned upon the provision of guarantees assuming the construction or completion of such streets to Township standards.
I. Dead-end streets shall be prohibited, except as stubs to permit future street extension into adjoining tracts or when designed as cul-de-sac streets.
J. Continuations of existing streets shall be known by the same name, but names for other streets shall not duplicate or closely resemble names for existing streets in the region. Where streets continue into adjoining municipalities, evidence of compatibility of design, particularly with regard to street widths, shall be submitted. The applicant shall coordinate such designs with both municipalities to avoid abrupt changes in cartway width or in improvements provided.
K. New streets shall be laid out to continue existing streets at equal or greater width, as regards both cartway and right-of-way, where such continuations are reasonable and practicable. Minimum widths shall be as established in Section 606, below.

SECTION 605. Cul-de-Sac and Other Single-Access Streets

A. Single-access (including cul-de-sac) streets permanently designed as such may serve a maximum of 24 residential lots or 50 multi-family dwelling units. Cul-de-sac streets shall be provided at the closed end with a paved turnaround having a minimum diameter of 100 feet to the right-of-way line.
Note: This method of limiting cul-de-sac length should be more rational than merely setting a maximum distance in feet. It assumes lot sizes (and corresponding frontage) of 1-2acres.
B. The turnaround right-of-way of a cul-de-sac street shall be placed adjacent to the tract boundary with a 50 foot right-of-way width provided along the boundary line to permit extension of a street at full width, unless future expansion of a cul-de-sac street is clearly impractical or undesirable. The small triangles of land beyond the cul-de-sac to the boundary shall be the responsibilities of the adjoining owners until the roadway is continued.
C. The turnaround portion of a cul-de-sac street shall have a maximum slope of 5 percent across the diameter in any direction.
D. Cul-de-sac streets with centerline slopes less than 2 percent, which are level or nearly so across the diameter perpendicular to the centerline, must be graded so that there is a minimum 2 percent fall in all drainage swales around the cul-de-sac.

SECTION 606. Street Width

A. The minimum right-of-way and cartway width for all new streets in the Township shall be as follows:  
Type of Street Right-of-Way Cartway  
Principal arterial 80′ PennDOT Standard
Minor arterial 50′ PennDOT Standard
Major collector 50′ 26′
Minor collector 50′ 22′ (without curb) 24′ (with curb)
Local 50′ 18′ (single-access, without curb) 20′ (with curb)
Private 50′ 18′ (without curb) 22′ (with curb)
B. Minimum cartway widths, as established herein for most residential streets, are not designed to accommodate on-street parking. Additional right-of-way and cartway widths may be required by the Board for the following purposes:  
1. To promote public safety and convenience.  
2. To provide parking space in commercial districts and in areas of high-density residential development.  
3. To accommodate special topographic circumstances which may result in cut/fill slopes extending beyond the standard right-of-way width. These should be included within the right-of-way in all circumstances to assure accessibility for maintenance operations.  
C. Rights-of-way of lesser width than prescribed in this Section shall not be permitted.
D. Subdivision abutting existing streets shall provide, for dedication, the minimum right-of-way widths for those streets in accordance with the provisions of this Section.

SECTION 607. Street Alignment

A. All deflection of street lines shall be connected by use of horizontal curves.
B. To insure adequate sight distance, minimum line radii for horizontal curves shall be as follows:
1. Local streets: 150 feet.
2. Collector streets: 300 feet.
3. Arterial streets: 500 feet.
C. A tangent shall be required between curves; however, a long radius curve shall be preferred in all cases to a series of curves and tangents. Tangents of 100 feet shall be required between reverse curves.
D. Superelevation (commonly known as banking a curve) shall be required when curve radii are less than 600 feet on arterial or collector streets.

SECTION 608. Street Grades

A. Centerline grades shall be not less than 1 percent.
B. Centerline grades shall not exceed 7 percent, except that a maximum grade of 10 percent on local streets may be permitted for short lengths where natural contours provide conditions for minimal grading at the steeper grade.
C. Vertical curves shall be used at changes of grade exceeding 1 percent and shall be designed in relation to the extent of the grade change (at a rate no more abrupt than 1 percent change in grade per 25 feet along the center line) provided that the following minimum sight distances are maintained:
1. Local Street: 200 feet.
2. Collector Street: 300 feet.
3. Arterial Street: 400 feet.
D. Vertical curves shall not produce excessive flatness in grade. There shall be no dips, cross gutter bumps, or bumps in the paving.
E. Under no conditions will maximum grades be permitted with minimum curve radii.
F. Where the grade of any street at the approach to an intersection exceeds 4 percent, a leveling area shall be provided having not greater than 4 percent grades for a distance of 40 feet measured from the nearest right-of-way line in the intersecting street.

SECTION 609. Street Intersection

A. Right angle intersections shall be used whenever practicable, especially when local residential streets empty into collector or arterial streets. There shall be no intersection angle of less than 60 degrees, measured at the centerline.
B. No more than two streets shall cross at the same point.
C. To the fullest extent possible, intersections with arterial streets shall be located not less than 1,000 feet apart, measured from centerline to centerline. Exceptions shall be those cases deemed by the Board to require close spacing without endangering the public’s safety.
D. Streets entering from opposite sides of another street shall either be directly across from each other or offset by at least 200 feet on local and collector and 400 feet on arterial streets, measured from centerline to centerline.
E. Corner curb radii shall be according to the following schedule of minimum lengths: local and collector streets, 25 feet; arterial streets, 35 feet. Where streets of different functional classifications intersect, the requirements for the higher classification shall hold.
F. The right-of-way line for corner curbs shall be an arc, concentric with the curb line, with a minimum radius of 20 feet, or shall be a triangle constructed by drawing the chord of an arc concentric with the curb line with a minimum radius of 15 feet.
G. Minimum paving radius of 30 feet shall be provided at all intersections. The Board may increase the required radii where it considers such design advisable at intersections involving arterial streets.
H. All necessary street name signs and traffic control signs shall be the responsibility of the applicant to provide and erect. The street signs shall be of the type existing in the neighborhood and shall be subject to approval by the Board. Street signs shall be erected before the Township accepts dedication of the street, and before the issuance of any certificates of occupancy on that street.
I. Clear sight triangle shall be provided at all street intersections. Within such triangles, no vision-obstructing object shall be permitted which obscures vision above the height of 30 inches and below 10 feet, measured from the centerline grade of intersecting streets. Each side of the sight triangle shall be a minimum of 75 feet, measured from the point of intersection along each road centerline.
J. Intersections shall be controlled by STOP signs, except that one through street may be designated for each intersection, or by traffic signals as may be required under Subsection D, above.
K. In designing street intersections, the following sight distance dimensions shall be used:
L. Greater sight triangle dimensions imposed by PennDOT for intersections with the State Highway System shall supercede the above.  
Posted Speed of Intersected Street Sight Distance* Stop condition (all streets) 75′  
25 mph 175 feet
35 mph 300 feet
45 mph 450 feet
55 mph 600 feet
* Measured from a point set back 15 feet from the intersected pavement edge on the street controlled by a stop sign or signal.

SECTION 610. Acceleration, Deceleration and Turning Lanes

A. Deceleration or turning lanes may be required by the Township along existing and proposed streets whenever the Board feels such lanes are required to meet reasonable safety needs, as determined by a traffic impact study or otherwise by the Board.
B. Deceleration lanes shall be designed to the following standards:
1. The lane shall have a minimum width of 12 feet or, in the case of intersections with State Highways, such width as is required by the applicable regulations and standards of PennDOT.
2. The lane shall provide the full required land width for the entire length which shall be measured from the centerline of the intersecting road. In addition, there shall be a 75 foot taper provided at the beginning of the lane so that traffic can leave the main traveled lane smoothly.
3. The minimum lane length shall be as follows:  
Design Speed Of Road Minimum Deceleration Lane Length  
30 mph 165 feet
40 mph 275 feet
50 mph 300 feet
C. Acceleration lanes are required only when the need is indicated by a traffic impact study. The design shall be as per the recommendation of the Township Engineer. As necessary, a paved taper shall be provided for right-hand turns.

SECTION 611. Traffic Impact Study

The Board shall require a traffic impact study as per the following:
Note: The criteria for when and how such a study will be conducted can be specified here (e.g. “if the application is for 50 or more dwelling units”) or cited in a separate document (e.g. township or painted traffic study standards).

Section 612. Street Construction

A. All materials entering into the construction of streets and the methods of construction and drainage shall be in accordance with the applicable requirements of the PennDOT specifications, Form 408, or the latest revision thereof.
B. Subgrade
1. The area within the limits of the proposed road surface shall be shaped to conform to the line, grade, and cross-section of the proposed road.
2. All unsuitable subgrade materials shall be removed or stabilized.
3. Encroachment into wet or swampy areas shall be minimized; where unavoidable, such areas shall be permanently drained and stabilized.
4. Fill material shall be suitable and throughly compacted for its full width in uniform layers of not more than 8 inch thickness.
5. The subgrade shall be thoroughly compacted by rolling with a minimum 10 ton roller and/or a sheeps foot roller over 6 inches.
6. Backfill of trenches within the cartway and curb area shall be thoroughly compacted prior to application of the base course.
C. Base Course
1. Base course shall consist of 8 inches of PA. #4A crushed stone placed on a 2-inch initial layer of screening and rolled uniformly and thoroughly with the 10-ton roller. Rolling shall continue until the material does not creep or wave ahead of the roller wheels.
2. After compaction of the base stone, dry screenings shall be applied in sufficient quantity to fill all of the voids in the rolled stone base. A vibratory roller, of painted approved design, must be used in this step of construction and rolling shall continue until all voids are filled. Small areas around inlets and manholes that cannot be reached by the vibratory roller shall be compacted with a mechanical tamper or whacker.
3. When the stone surface is tight and will accept no more screenings, all loose screenings shall be broomed from the surface to expose the top ½ inch of the aggregate over at least 75 percent of the road.
4. No base material shall be placed on a wet or frozen subgrade.
5. As an alternate, an aggregate-lime-pozzolan base course may be used when approved by the Township. This “possopac” base course must be applied with an approved paver to a thickness to be determined by the Township Engineer.
6. Application of a “possopac” base course shall be followed immediately by application of the binder course.
D. Bituminous Surface
1. Bituminous material shall be ID-2 of FB-1 hot mix, with 2 inches of binder course and 1 inch of surface course after compaction.
2. The completed road surface shall have a uniform slope of 1/4 inch per foot from edge to centerline, except that on superelevated curves, this slope shall not be less than 1/4 inch per foot and shall extend up from the inside edge to the outside edge of the paving.
3. As an alternate, the road may be constructed of 6 inches of compacted aggregate bituminous base course and 1-1/2 inches wearing course. The type and installation of road material shall be equal or superior to that required in the PennDOT specifications, Form 408.
E. Grading and Shoulders
1. Roadways shall be graded for not less than 8 feet beyond the edge of the proposed paving on each side. This grading width shall be increased as necessary where sidewalks and/or planting strips are to be provided. Shoulders shall be graded with a slope of 1 inch per foot. Beyond the limits of this grading, banks shall be sloped to prevent erosion but this slope shall not exceed 2 horizontal to 1 vertical, with tops of slope in cuts rounded.

SECTION 613. Private Streets

Private streets may be permitted by the Board under the following circumstances:
A. There is a recorded agreement between the applicant and the Township specifying that said streets will not be offered for dedication and will not be accepted by the Township unless constructed to Township standards then existing at the time of offer of dedication.
B. The design of private streets may vary from Township standards otherwise applicable to the construction of streets to be dedicated to the Township only in respect to minimum cartway width, which shall be as specified in Section 606-a.6 hereof. Type of paving, grades, sight distances, horizontal curve limitations, storm drainage facilities, and either elements of street design shall be in accordance with the standards contained in this Ordinance and the Township Storm water Management Ordinance.
C. Lots fronting on private streets shall meet the requirements of the Township Zoning Ordinance, as amended, with regard to lot width and setbacks.
D. A private street shall provide access to 3 or more lots.
Note: This Ordinance permits common driveways for shared access to 2 lots; therefore, private streets be definition are those which provide access to 3 or more.

SECTION 614. Driveways

A. Private driveways shall be provided for all residences and the construction shall be in accordance with the regulations of this Section in order to provide safe access to Township and State roads, to eliminate problems of stormwater runoff, and to assure sufficient area for an access to off-street parking.
B. All driveways shall contain a straight length of at least 40 feet, measured from the cartway edge of the intersecting streets and extending inside the lot. The full length of this 40 foot segment shall be paved with a base of Pennsylvania 3A stone compacted to 4 inches and a surface of a minimum 1-1/2 inches and ID-2 a bituminous concrete.
C. Within the legal right-of-way of the intersected street or for a distance of at least 14 feet from the edge of the cartway, whichever is greater, the driveway shall have a grade of 5 percent or less. The remainder of the first 40 feet of the driveway shall have a grade of 16 percent or less.
D. A minimum of one parking space within the street right-of-way, but off the paved cartway, shall be provided where the grade of the driveway at any point exceeds 8 percent. Such off-street parking space shall be a minimum of 9 feet by 18 feet and shall be on a grade not exceeding 8 percent.
E. Driveways to single-family residences shall intersect streets at angles of no less than 60 degrees. All other driveways shall intersect streets at right angles, where practicable, and in no case less than 75 degrees. (The angle of intersection is the acute angle made by the intersection of the centerline of the driveway with the centerline of the road.)
F. The width of a single-family dwelling driveway within the legal right-of-way of a street or when carried by a bridge shall be minimum of 12 feet; it shall be a minimum of 8 feet at all other points within the property line. Except where the Board determines that limitations of lot size or lot configuration make it infeasible, adequate turnaround surface shall be provided on the property so egress to the street is in a forward direction.
G. A common driveway, as defined by this Ordinance, shall be of sufficient width, in the opinion of the Township Engineer, to provide safe passage of 2 vehicles or shall have a sufficient number of pull-over areas to provide safe passage of 2 vehicles.
H. Driveway entrances into all non-residential, single-use properties shall be no less than 20 feet in width, shall not exceed 36 feet in width at the street line unless provided with a median divider, and shall be clearly defined by use of curbing. The curbs of these driveway entrances shall be rounded with a minimum radius of 10 feet where they intersect a street.
I. The edge of any driveway shall be at least 40 feet from the nearest end of the paving radius at a street intersection.
J. Clear sight triangles shall be provided at all driveway entrances and shall be shown on plans. Within such triangles, no object greater than 2-1/2 feet in height and no other object that would obscure the vision of the motorist shall be permitted. The legs of such triangles shall be at least 100 feet in either direction for residential driveways, and at least 300 feet for non-residential driveways, measured from a point 12 feet back from the edge of the cartway of the intersecting street. Greater distances may be required if warranted by specific circumstances. Whenever a portion of the line of such triangles occurs within any proposed building setback line, such a portion shall be shown on the final plan of the subdivision or land development and shall be considered a building setback line.
K. The gutter line, wherever possible, shall be maintained as a paved swale. It shall have a maximum depth of 4 inches and a minimum width of 24 inches. A pipe may only be placed under the driveway entrances when approved by the Township Engineer. The acceptability of such a pipe will be governed by the gutter depth on each side of the driveway. The minimum pipe size under a driveway will be determined by the Township Engineer.
L. Driveways shall be graded so that, wherever possible, surface drainage will be discharged to the owner’s property; otherwise, adequately sized pipes, inlets, and/or headwalls shall be installed and gutter improvements shall be made to direct surface drainage into the road drainage system and not onto the paving of the intersecting road.

SECTION 615. Alleys and Service Streets

A. Where alleys and service streets are permitted in residential developments, they shall have a minimum right-of-way width of 25 feet, and shall be curbed, where required, and paved for a width of at least 12 feet. No part of any dwelling, garage, or other structure may be located within 20 feet of the center line of a public alley or service street.
B. Alleys and service streets serving commercial and industrial establishments and multi-family developments may be required if the Township deems it necessary. Such alleys shall have a paved cartway of at least 20 feet and right-of-way width of 30 feet. Where necessary, corners shall have a radius of 20 feet or a triangle using the chord of a 15 foot radius, cut back to permit safe use by large vehicles. Is it is impossible for an alley to go through a block, the alley shall be provided with a turnaround at its closed end of a design approved by the Township Engineer.

SECTION 616. Parking Areas

At least 22 off-street parking spaces with access to a street shall be provided for each proposed dwelling unit. Parking areas shall be provided for non-residential uses as required by the Township Zoning Ordinance.

SECTION 617. Sidewalks and Paths

A. Sidewalks generally shall be required for residential and commercial areas, but the Board may waive the sidewalk requirement for low-density residential areas.
B. When provided, sidewalks shall be constructed of concrete with a minimum 28-day strength of 3000 p.s.i., with a minimum width of 4 feet, and a thickness of 4 inches except at driveway crossings when the sidewalk thickness shall be increased to 6 inches with reinforcement. The Board may require wider pavements in high-density areas and in commercial areas. The location of sidewalks relative to planting strips shall be at the discretion of the Board.
C. At the discretion of the Board, with recommendations from the Planning Commission, a system of bicycle, equestrian, and/or pedestrian paths for public use generally unrelated to and separate from streets shall be established and secured by dedication or easement. Such paths shall be consistent with any existing plans specified by the Township, so as to encourage the formation of an interconnecting trail network both within and beyond the Township. Such paths normally shall not exceed 10 feet in width and, at the option of the applicant, shall be located adjacent to existing or proposed lot lines, or in such manner as to minimize any obstruction to the development. Existing paths may be relocated if a connection with a path on an adjoining property is thereby established.
D. To facilitate circulation, pedestrian walkways may be required to serve the interior of developments. Such walkways shall be a minimum of 4 feet in width and shall be of a durable surface satisfactory to the Board of Supervisors. Where the walks are not within a streets right-of-way, a separate right-of-way at least 10 feet wide shall be designated on the subdivision plan. As appropriate, the walks shall be maintained by the homeowner’s association (when the walks traverse common areas) or by the abutting property owners (when the walks traverse existing lots).

SECTION 618. Curbs

A. Curbs shall be provided along all streets, and at the intersections thereof, where centerline grades are 5 percent or above, or as needed to control drainage. Where curbs are not provided, stabilized shoulders shall be provided. Except when waived by the Board upon the recommendation of the Planning Commission in order to preserve existing trees or for other similar reasons, the ground shall be graded to a slope of ½ inch to 1 inch per foot to the right-of-way line and either seeded or sodded to such standards as shall be prescribed by the board. In cut areas, this slope shall be toward the curb; in fill areas, it shall be away from the curb.
B. Unless constructed as per C, below, all curbs shall be constructed of concrete in accordance with applicable standards of the Painted Specifications, Form 408, Section 630, for plain cement concrete curbs.
C. The applicant may install granite curbs, provided that their construction conforms with standards set forth in the above-referenced Specifications, Form 408, Section 634 for granite curbs types A or C.

SECTION 619. Street Lights

A. Street lights generally shall be installed:
1. At all intersections (installation shall be mandatory at all dead-end intersections);
2. At changes of grade in excess of 5 percent or at maximum allowable changes in horizontal alignment; and
3. At all other spots considered hazardous by the Township.
B. The style, type, and manufacturer of street lights shall be subject to Township approval.

SECTION 620. Monuments

A. Monuments shall be accurately placed at the intersection of all lines forming angles and at changes in direction of lines in the boundary (perimeter) of the property being subdivided. The applicant, or his representative, shall be responsible for notifying the Township Engineer in order that he may inspect the placement of the monuments before they are covered.
B. All monuments shall be placed by a registered professional engineer or surveyor so that the scored (by an indented cross or drill hole of not more than 1/4 inch diameter in the top of the monument) point shall coincide exactly with the point of intersections of the lines being monumented.
C. The tops of monuments shall be set level with the finished grade of the surrounding ground, except:
1. Monuments which are placed within the lines of existing or proposed sidewalks shall be located (preferably beneath the sidewalks) so that their tops will not affected by lateral movement on the sidewalks.
2. Where monuments are located beneath a sidewalk, proper access to them shall be assured.
D. All streets shall be monumented at range line, on the right-of-way lines of the streets at the following locations:
1. At least one monument at each intersection.
2. At changes in direction of street lines, excluding curb arcs at intersections.
3. At each end of each curbed street line, excluding curb arcs at intersections.
4. At such places where topographical or other conditions make it impossible to sight between two otherwise required monuments, intermediate monuments shall be placed.
5. At such other place along the line of streets as may be determined by the Township Engineer so that any street may be readily defined for the future.
E. All lot corners shall be clearly identified by either a monument or an iron pin. Where iron pins are used, they shall be a minimum of ½ inch diameter solid bar or reinforcing rod, shall be a minimum of 29 inches in length, and shall be driven level with finished grade.

SECTION 621. Sewage Treatment and Disposal

A. General Requirements
1. Each property shall be connected to a public sewer system if accessible.
2. Sanitary sewers shall not be used to carry stormwater.
3. If on-site sanitary sewage disposal facilities are to be utilized, the Township Planning Commission may require that the applicant submit a Feasibility Report. Such Report shall compare the cost of providing on-site facilities and the cost of a community or public sanitary sewer system with sewage treatment plant. Based on the analysis of this Report, the Township may require the installation of community or public sanitary sewer system or capped sewer.
4. Where on-site sanitary sewage facilities are to be utilized, each lot so served shall be of a site and shape to accommodate the necessary length of tile fields at a safe distance from, and at a lower elevation than, the proposed building(s) to facilitate gravity flow in accordance with Township and State regulations, and shall be so plotted.
5. The proposed method of sanitary sewage disposal shall be in accordance with the Township’s officially adopted Act 537 Sewage Facilities Plan.
6. When in accord with Title 25, Chapter 71, Section 71.16, Rules and Regulations of the Pennsylvania Department of Environmental Resources Facilities Plan Revision, the procedure set forth in Sections 71.15 – 71.17 of those Rules and Regulations shall be followed.
B. Sanitary Sewage Disposal System(s)
1. All lots which cannot be connected to a public or community sanitary sewage disposal system in operation at the time of construction of a principal building either shall be provided with an on-site sanitary sewage disposal system meeting the design standards of Title 25, Chapter 73, Rules and Regulations of the Pennsylvania Department of environmental Resources, and Township standards, or the applicant shall guarantee (by deed restriction or otherwise), as condition of the sale of each lot or parcel within the subdivision, that such facilities can be installed by the purchaser of such lot or parcel.
2. In all other cases, the applicant shall provide a complete community or public sanitary sewage disposal system. The design and installation of any public system shall be subject to the approval of the Township Engineer, the Township Planning Commission, and Board of Supervisors. The design and installation of any community system shall be subject to the approval of the Pennsylvania Department of Environmental Resources, and such systems shall be further subject to satisfactory provisions of the maintenance thereof. A copy of the approval of such system, where applicable, shall be submitted with the final plan.
3. Where studies by the Township indicate that construction or extension of sanitary truck sewers to serve the property being subdivided appears probable within a reasonably short time (up to 10 years), the Township shall require the installation and capping of sanitary sewer mains and house connections, in addition to the installation of temporary individual, on-site sanitary sewage disposal systems. Individual house connections on capped sewer systems shall extend to the right-of-way line, and shall be centered within the lot frontage. It shall be the responsibility of the applicant to consult with the Township with regard to the sewer line locations prior to finalizing sewer design. Design of capped sewer systems shall be subject to approval by the Pennsylvania Department of Environmental Resources and the Township.
C. Soil Percolation Test Requirements
1. Soil percolation test shall be performed for all subdivisions wherein building(s) at the time of construction will not be connected to a public or community sanitary disposal system in operation. Deep hole test pits are commended as a further means of guaranteeing suitability of a site.
2. Soil percolation tests shall be made in accordance with the procedure required by the Pennsylvania Department of Environmental Resources and the County Health Department, by either a registered professional engineer or registered sanitarian and/or the Pennsylvania Sewage Facilities Act sewage enforcement officer, at a rate of 1 per lot.
3. The results of the soil percolation tests shall be analyzed in relation to the physical characteristics of the tract being subdivided and of the general area surrounding the tract. The lot layout in the final plan shall be based on this analysis.
4. The backfilling of all percolation test holes and related test pits on the tract shall be accomplished within the time period specified in Section 750.7(b)(8) of the Pennsylvania Sewage Facilities Act (Act 537, as amended).

SECTION 622. Water Supply

A. The provisions of this Section are intended to insure that:
1. Each dwelling unit and each commercial or industrial building in all subdivisions and land developments hereafter granted approval shall have an adequate supply of potable water for domestic use.
2. Each unit or building shall an adequate supply of water for purposes of fire protection; and
3. In each case where water is to be supplied to a subdivision or land development by means of a central water supply system, such system meets minimum standards controlling water storage and production capabilities for domestic and fire use for the protection of the health, safety, and welfare of all Township residents affected.
B. Where the applicant proposes that individual on-site water supply systems shall be utilized within the subdivision, he shall be responsible either to install such facilities or to guarantee (by deed restriction or otherwise), as a condition of the sale of each lot or parcel within the subdivision, that the facilities can be installed by the purchaser of such lot or parcel. Individual water supply systems shall be designed and installed in accordance with all applicable standards of the Pennsylvania Department of Environmental Resources and the County Health Department.
C. Wherever feasible, the subdivision shall be provided with a central (public or community) water supply system. The design and installation of a public system shall be subject to the approval of the Township; the design and installation of a community system shall be subject to the approval of the Pennsylvania Department of Environmental Resources, and such system shall be further subject to satisfactory provision for the maintenance thereof. Standards and materials for the construction of any central water supply system shall meet or exceed those requirements described in the Public Water Supply Manual of the Pennsylvania Department of Environmental Resources and shall be subject to the approval of the Township Engineer.
1. Where a permit is required by said Department, it shall be presented as evidence of such review and approval before construction commences.
Note: In certain locations, groundwater withdrawals are limited in accordance with the regulations of regional agencies, e.g., a river basin commission. In such areas, the applicable regulations can be cited in this Section. The following language would be appropriate for many communities in southeastern Pennsylvania: “Where any proposed well or wells in such a systems is projected to withdraw more than an average of 10,000 gallons/day over a 30-day period, the applicant shall contain a permit from the Delaware River Basin Commission as required by its Groundwater Protected Area Regulations for Southeastern Pennsylvania, effective January 1, 1981.”
D. Each central water supply system shall be either municipally-owned or under the regulations of the Pennsylvania Public Utilities Commission (PUC).
E. In all subdivisions and land developments served by a central water system, the following water pressure and gallon requirements shall apply:
1. Residential use – a minimum domestic pressure of 30 pounds per square inch shall be provided at each house to be connected to the water supply main. The system to which the residential unit is connected shall have sufficient capacity to supply a minimum of 300 gallons of water per residential unit per day within the subdivision or land development.
2. Commercial or industrial use – a minimum domestic pressure of 30 pounds per square inch shall be provided at each commercial or industrial building connected to the water supply main. When a building wishes to connect to a central water system, a study will be made to determine if there is adequate water supply in the system to supply the building and use.
F. Wherever a public or community water system is provided, fire hydrants suitable for the coupling of equipment serving the Township shall be installed as specified by the Insurance Services Office of Pennsylvania. Location of hydrants shall be approved by the Township.
1. Generally, all fire hydrants will be located on an 8 inch line or a looped 6 inch line. Where a dead-end line is required to contain a fire hydrant, the portion of the line between the main loop and the hydrant shall be an 8 inch minimum diameter.
2. Fire hydrants shall be spaced in development so that all proposed building(s) will be no more than 600 feet from the hydrant measured along traveled ways.
3. All community water systems must provide a minimum of 500 GPM at a residual pressure of 20 psi for a 2- hour period.
G. If the applicant proposes that the subdivision or land development be served by a central water supply system, the applicant shall submit a “Proposed Public Water Supply Study” as evidence of sufficient water supply quality and quantity. The contents of this study shall include those specific items as described in the Public Water Supply Manual of the Pennsylvania Department of Environmental Resources. Where the water supply system occurs under the jurisdiction of the Pennsylvania Public Utilities Commission, the water supply study also shall include those items of information required by the PUC.

SECTION 623. Other Utilities

A. All other utility lines including, but not limited to, electric, gas, street light supply, cable TV, and telephone shall be placed underground. Installation of all utilities shall be in strict accordance with the engineering standards and specifications of the Township, municipal authority, or other public utility concerned. All such underground utilities shall be put in place, connected, and approved before the streets are constructed, where such utilities lie under the proposed cartway, and before any person is permitted to occupy any building to be served by such facilities.
B. In accordance with the provisions of Act 287, any applicant shall contact all applicable utilities and accurately determine the locations and depths of all underground utilities within the boundaries of the tract proposed for development, prior to excavation. A list of the applicable utilities and their phone numbers shall appear on the plans submitted for review, and proof of contact shall be presented to the Township prior to final plan approval.

SECTION 624. Recreation and Open Space Land

A. In reviewing a sketch plan for subdivision or land development, the Township Planning Commission shall consider the open space and recreational needs of the additional residents and/or employees proposed by the development, and shall discuss its findings and the further requirements of this Section with the applicant as it deems necessary in the public interest.
Note: Where the municipality already has open space requirements, e.g., for office, multi-family, and/or cluster developments in its zoning ordinance, these regulations should be referenced here.
B. In residential subdivisions or land developments proposed to contain 20 or more dwellings in which the average lot size is one acre or less, the applicant shall set side one acre per 20 units, or the proportional equivalent thereof, for open space and recreational purposes. Alternatively, the Board may require a fee-in-lieu, as per Section 624-D, if the set-aside requirements, as applied to a particular tract of land, is illogical or impractical in terms of the criteria and standards in Section 624-E.
Note: The reasoning here, and in C, below, is that larger developments with smaller lots both relative terms, with 20-acre tracts and one-acre lots used here as the cutoffs) are those most in need of on-site open space. Even in developments on smaller tracts or with large lots, however, the increased population still will generate public open space demands ( e.g., for municipal recreational facilities, etc.) and thus the requirement for a fee-in lieu.
C. In residential subdivisions or land developments proposed to contain fewer than 20 dwellings, or 20 or more dwellings with an average lot size exceeding one acre, the Board’s general policy shall be to require a fee in lieu of the minimum acreage otherwise required to help the Township defray the eventual costs of providing open space and recreational facilities to serve the residents of the Township. Where the Board determines that open space needs of these residents might better be served by setting aside land within the tract, it may exercise that option consistent with the minimum acreage requirements of Section 624-B and the criteria in Section 624-E.
Note: The legality of requiring fees in lieu of open space is not entirely clear, which is why this Subsection both refers to the Board’s “general policy” and allows a setaside when that makes more sense. Also, a fee-in-lieu is on stronger legal ground when there is a clear and reasonable correlation between the fee amount and the increased demand on municipal open space resulting from the new development. The numerical correlations included in these provisions are illustrative; naturally, each municipality must make its own determination based on local open space needs. To this extent, such regulations will better survive scrutiny if they are founded on sound facts, e.g., a recreation and open space plan.
D. Fee-in-Lieu
1. The amount of any fee in lieu of land for open space shall be equal to the average fair market value of the land otherwise required by Section 624-B, i.e., one acre per 20 units, or the proportional equivalent thereof. The formula to be used in computing the fee shall be:
(n) x (average F.M.V. of 1 acre) = Fee 20
(n = number of dwelling units; F.M.V. = fair market value)
2. Determination of the value of the land shall be the responsibility of the applicant, and shall result in a reasonable value acceptable to the Board of supervisors.
3. All monies collected in lieu of land shall be kept in a Township open space capital reserve fund, which shall be used only for the acquisition of open space land or capital improvements for open space and park and recreation purposes within the Township at locations consistent with the open plans of the Township.
E. Open Space Characteristics and Design Standards. In designating areas for open space and recreation within the subdivision or land development plan, the following criteria and standards shall be adhered to by the applicant. Areas shall be:
1.Consistent with the Township’s Comprehensive Plan.
2. Suitable for active recreational uses to the extent deemed necessary by the Board, without interfering with adjacent dwelling units, parking, driveways, and roads.
3. Comprised of no more than 30 percent environmentally sensitive lands (including flood plains, woodlands, slopes exceeding 15 percent, and surface waters).
4. Comprised of areas not less than 75 feet in width, and not less than 15,000 square feet of contiguous area, except when part of a trail system or pathway network.
5. Interconnected with common open space areas on abutting parcels wherever possible, including provisions for pedestrian pathways for general public use to create linked pathway systems within the Township.
6. Provided with sufficient perimeter when necessary, and with safe and convenient access by adjoining street frontage or other rights-of-way or easements capable of accommodating pedestrian, bicycle, and maintenance and vehicle traffic, and containing appropriate access improvements.
7. Undivided by any public or private streets, except where necessary for proper traffic circulation, and then only upon recommendation of the Township Engineer and Planning Commission.
8. Free of all structures, except those related to outdoor recreational use.
9. Suitably landscaped either by retaining existing natural cover and wooded areas and/or by a landscaping plan for enhancing open space areas through plantings which are consistent with the purposes of this Section and which minimize maintenance costs.
10. Made subject to such agreement with the Township and such deed restrictions duly recorded in the office of the County Recorder of Deed as may be required by the Board for the purpose of preserving the common open space for such use.
F. Ownership and Maintenance. The open space shall be owned and maintained as per Section O4-F of the Township Zoning Ordinance.
Note: The Zoning Ordinance reference above is to the model PRD Article in HANDBOOK, Section I. It provides a range of ownership options and sets the terms for maintenance. In no case, however, do we recommend mandatory dedication of open space; see Environmental Currents, Vol. 7, No. 3 for a discussion of this point.

SECTION 625. Easements

A. Where water and/or sewer facilities are intended for dedication, the requirements for easement shall be determined by the Board. Easements shall be similarly established as necessary for other utilities.
B. Storm drainage easements shall be provided as required by the Township Storm water Management Ordinance.
C. The Board may require easements as prerequisites to its approval of common driveways or other access arrangements.

SECTION 626. Storm water Management

A. The management of Storm water on the site, both during and upon completion of the disturbances associated with the proposed subdivision or land development, shall be accomplished in accordance with the standards and criteria of the Township Storm water Management Ordinance. The design of any temporary or permanent facilities and structures and the utilization of any natural drainage systems shall be in full compliance with the terms of that Ordinance and its Appendices, and the interpretations of the Township Engineer.
Note: See HANDBOOK, Section IV, Appendix a.
B. At the time of application for a building permit for any approved lot created by a subdivision under terms of this Ordinance, issuance of the permit shall be conditioned upon adherence to the terms of Section 403 of the Township Storm Water Management Ordinance.
Note: Those terms call for an awareness of, and consistency with, the Storm water management plan approved for the entire tracts as part of the subdivision or land development application.

SECTION 627. Natural Features Conservation

All proposed subdivision and land developments shall comply with the applicable requirements of the Township’s Natural Features Conservation Ordinance.
Note: See HANDBOOK, Section XVI, Appendix a. If a municipality does not have separate Storm water management or natural features conservation ordinances, then design standards for these items, if desired, should be included directly here as Sections 626 and 627. The applicable standards from the model Ordinances in Sections IV and XVI of the HANDBOOK can be adapted for this purpose.

SECTION 628. Mobile Home Parks

Any application for approval of a mobile home park shall comply with the requirements of the Township Mobile Home Park Ordinance.
Note: The legislative history of MPC Section 501 has established that regulations for mobile home parks either be in the form of a Separate ordinance (as referenced here) or “separate and distinct” provisions of the S/LDO (See HANDBOOK, Section XII). If the latter course is taken, a more logical placement for such provisions would be in a separate Article. In either event, the model ordinance in Section XII, Appendix a can be utilized.

ARTICLE VII: CONSTRUCTION AND ACCEPTANCE OF IMPROVEMENTS

SECTION 700. Construction Required

The applicant shall construct all streets, together with all other improvements, including grading, paving, curbs, gutters, sidewalks, street lights, fire hydrants, water mains, street signs, shade trees, storm drainage facilities, sanitary sewers, landscaping, traffic control devices, open space and restricted areas, and erosion and sediment control measures in conformance with the plan as approved, the applicable provisions of the Painted Specifications, Form 408, dated 1976, or the latest revision thereto, and other applicable regulations.

SECTION 701. Inspections

A. The construction or installation of all improvements shall at all times be subject to inspection by representatives of the Township. If such inspection reveals that work is not in accordance with approved plans and specifications, that construction is not being done in a workmanlike manner, or that erosion or sediment controls are failing to prevent accelerated erosion or water-borne sediment from leaving the site of construction, the said representative is empowered to require corrections to be made and/or the suspension of subdivision approval, and to issue a cease and desist order, which may include any or all of the following sanctions:
1. That no lot in the subdivision shall be or placed under agreement of sale;
2. That all construction on any lots for which a building permit has been issued shall cease; and/or
3. That no further building permits for any lots shall be issued.
B. The said cease and desist order shall be terminated upon determination by the Township that the said defects or deviations from plan requirements have been corrected.
C. No underground pipes, structures, subgrades, or base course shall be covered until inspected and approved by the Township. A minimum of 7 inspections by the designated representative shall be required. These inspections shall be effected in accordance with Section 701-a, above, and shall occur at the following intervals:
1. Upon completion of rough grading, but prior to placing top soil, installing permanent drainage or other site improvements, or establishing covers.
2. Upon excavation and completion of subgrade.
3. Upon excavation, installation, and completion of drainage structures, community sewage systems, or water supply systems.
4. Before placing stone base course, or before initial layer of screenings.
5. Before binder course.
6. Before wearing course.
7. Final inspection.
D. The developer shall notify the designated representative of the Township (usually the Township Engineer) at least 24 hours in advance of completion of any construction operations requiring an inspection.

SECTION 702. Release from Performance Guarantee

A. When the developer has completed all of the necessary and appropriate improvements, he shall notify the Board, in writing, by certified or registered mail, of the completion of the aforesaid improvements and shall send a copy thereof to the Township Engineer to inspect all of the aforesaid improvements. The Township Engineer shall, thereupon, file a report, in writing, with the Board, and shall promptly mail a copy of the same to the developer by certified mail. The report shall be made and mailed within 30 days after receipt by the Township Engineer of the aforesaid authorization from the Board; said report shall be detailed and shall indicate approval or rejection of said improvements, either in whole or in part. If said improvements, or any portion thereof, shall not be approved or shall be rejected by the Township Engineer, said report shall contain a statement of reasons for such nonapproval or rejection.
B. The Board shall notify the developer, in writing, by certified mail of the action of the Board with regard to approval, nonapproval, or rejection of improvements.
C. If any portion of the said improvements shall not be approved or shall be rejected by the Board, the developer shall proceed to complete those improvements and, upon completion, the same procedure of notification as outlined herein shall be followed.
D. The developer shall be responsible for maintenance of all subdivision or land development improvements until such improvements are offered for dedication and are accepted by the Township. In addition, 10 percent of the performance guarantee shall be held back by the Township until the developer has posted a maintenance guarantee as provided for in Section 705 and as-built plans are verified and accepted by the Township.
E. Partial releases of the performance guarantee during the period of construction shall be authorized as per section 409-G.
Note: For a full discussion of MPC-required performance guarantees, see pp. X-25 through 29.

SECTION 703. As-Built Plans

Within 30 days after completion and Township approval of subdivision or land development improvements as shown on final plans, and before Township acceptance of such improvements, the developer shall submit to the Board a corrected copy of said plans showing actual dimensions and conditions of streets and all other improvements, certified by a professional engineer to be in accordance with actual construction.

SECTION 704. Dedication and Acceptance of Public Improvements

A. Upon completion of any public improvements shown on n approved subdivision plan and within 90 days after approval of such public improvements as herein provided, the developer shall submit written offer of such public improvements for dedication to the Township. Said offer shall include a deed of dedication covering said public improvements together with satisfactory proof establishing the developer’s clear title to said property. Such documents are to be filed with the Township Secretary for review by the Township Solicitor. Deeds of dedication for public improvements may be accepted by resolution of the Board at a regular meeting thereof. The Supervisors may require that at least 50 percent of the lots in any approved subdivision or land development (or phase thereof, if final plan approval has been in phases) have certificates of occupancy issued for buildings thereon prior to acceptance of dedication. Should the streets, even though constructed according to the specifications of this Ordinance, deteriorate before the said 50 percent of the lots have certificates of occupancy issued, such streets shall be repaired in a manner acceptable to the Board before being accepted by the Township.
B. The Board may require that certain subdivision and land development improvements remain undedicated, with maintenance the responsibility of individual lot owners, a homeowners’ association of similar entity, or an organization capable of carrying out maintenance responsibilities.

SECTION 705. Maintenance Guarantee

A. Where the Board of Supervisors accepts dedication of all or some of the required improvements following completion (whether such dedication is of the fee or of an easement), the Board shall require the posting of financial security to secure the structural integrity of the improvements and the functioning of the improvements in accordance with the design and specifications as depicted on the final plan. The security shall be in the form as is authorized for the deposit of the performance guarantee, as described in Section 409 hereof, shall be for a term of 18 months from the date of the acceptance of dedication, and shall be in an amount equal to 15 percent of the actual costs of installation of the improvements so dedicated.
B. Where maintenance of Storm water retention facilities or private streets is to be the responsibility of individual lot owners, a homeowners’ association or similar entity, or an organization capable of carrying out maintenance responsibilities, the Board shall require that maintenance responsibilities be set forth in perpetual covenants or deeds restrictions binding on the landowner’s successors in interest, and may further require that an initial maintenance fund be established in a reasonable amount.
Note: See p. X-28 for an explanation of the “maintenance guarantee” (akin to a warranty) required by MPC Section 509.

ARTICLE VIII: ADMINISTRATION

SECTION 800. Relief from Unnecessary Hardship

A. In any case in which an applicant demonstrates to the satisfaction of the Board that strict application of any provisions of this Ordinance would be unreasonable and would cause unnecessary hardship as applied to the proposed subdivision or land development, the Board may grant a modification of such provision so as to grant relief from the unnecessary hardship. Any such modification granted shall be the least modification necessary to grant relief from the unnecessary hardship and shall be applied so that substantial justice may be done and the public interest secured; provided, however, that such modification shall not be granted if it would have the effect of nullifying the intent and purpose of this Ordinance.
B. In granting modifications, the Board may impose such conditions as will, in its judgement, secure substantially the objectives of the standards and requirements so modified.

SECTION 801. Records

A. The Township shall assign a subdivision application umber to all subdivision and land development applications, and all matters referring to an application should be filed in accordance with the subdivision case number. The Township shall keep a record of its findings, decisions, and recommendations relative to all plans filed with it for review.
B. All such records shall be public records.

SECTION 802. Fees and Costs

A. No application for preliminary or final approval shall be deemed to have been submitted until the fee and escrow deposit, as set forth below, shall have been paid.
B. A subdivision or land development application fee (non-refundable) and an escrow deposit shall be submitted with any application for preliminary or final plan approval to cover the costs of plan review and processing. Amounts of the application fee and escrow deposit shall be fixed by the Board of Supervisors by resolution. The escrowed funds shall be used to reimburse the Township for actual expenditures incident to these processes, including but not limited to fees of the Township engineer and legal fees in excess of the fee for review of the Township’s standard forms. Any costs incurred by the Township in excess of the amount held in escrow shall be fully reimbursed by the applicant prior to the issuance of any permits. Any unexpended balance in the escrow deposit shall become part of the second deposit required in Section 802-C below.
C. Following final plan approval and recording and the establishment of any required performance guarantee, a second escrow deposit shall be established to cover the cost of inspections of improvements construction; materials or site testing; or maintenance costs (e.g., snow removal) prior to the acceptance of improvements by the Township. Any costs incurred by the Township in excess of the amount held in escrow shall be fully reimbursed by the applicant. Any unexpended balance in the escrow deposit following acceptance of dedication of improvements by the Township shall be returned to the applicant. The amount of the escrow deposit shall be fixed by the Board of Supervisors by resolution.

SECTION 803. Penalties

A. Any person, partnership, or corporation who or which being the owner or agent of the owner of any lot, tract, or parcel of land who shall lay out, construct, open, or dedicate any street, sanitary sewer, storm sewer, water main, or other improvements for public use, travel, or other purposes or for the common use of occupants of buildings abutting thereon, or who sells or offers to sell, transfers or agrees or enters into an agreement to sell any land in a subdivision or land development, whether by reference to or by other use of a plat of such subdivision or land development or otherwise, or who erects any building thereon, unless and until a final plat has been prepared in full compliance with the provisions of this Ordinance and has been recorded as provided herein, shall be guilty of a misdemeanor, and upon conviction thereof, such person or the members of such partnership, or the officers of such corporation, or the agent of any of them, responsible for such violation shall pay a fine not exceeding One Thousand ($1,000.00) Dollars per lot or parcel or per dwelling within each lot or parcel. All fines collected for such violations shall be paid over to the Township. The description by metes and bounds in the instrument of transfer or other document used in the process of selling or transferring shall not exempt the seller or transferor from such penalties or from the remedies herein provided.
B. In the discretion of the Township, misdemeanor prosecution for violation of this Ordinance may be converted to a civil penalty suit for the amounts set forth as fines herein above.

SECTION 804. Appeals

Appeals from the actions of the Board with respect to any application for subdivision or land development approval shall be governed by the provisions of Act 257 as they may be amended from time to time, or any successor legislation thereto.

 

 

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