SUBDIVISION AND LAND DEVELOPMENT CHAPTER 175 SUBDIVISION AND LAND DEVELOPMENT ARTICLE I General Provisions § 175-1. § 175-2. § 175-3. § 175-4. § 175-5. § 175-6. § 175-7. § 175-8. § 175-9. § 175-10. § 175-11. § 175-12. § 175-13.
Short title. Purpose. Applicability. Exemptions. Interpretation. Modification and exceptions. Fees. Enforcement. Remedies. Township records. Revised plans and resubdivisions. Amendments. Appeals to courts.
ARTICLE V Minor Subdivision § 175-21. § 175-22. § 175-23.
ARTICLE VI Preliminary Plan: Major Subdivisions and Land Development § 175-24. § 175-25. § 175-26.
ARTICLE II Terminology § 175-14. § 175-15.
§ 175-16.
§ 175-17.
General procedure for subdivisions and land developments. General plan submission procedure. ARTICLE IV Sketch Plan
§ 175-27. § 175-28. § 175-29.
§ 175-20.
Purpose. Submission and review procedure. Sketch plan requirements.
Purpose. Submission and review procedure. Final plan requirements.
ARTICLE VIII Installation or Guaranty of Required Improvements § 175-30. § 175-31.
§ 175-18. § 175-19.
Purpose. Submission and review procedure. Preliminary plan requirements. ARTICLE VII Final Plan: Major Subdivision or Land Development
Word usage. Definitions. ARTICLE III General Procedures
Purpose. Submission and review procedure. Final plan requirements for minor subdivisions.
§ 175-32. § 175-33. § 175-34.
17501
Improvements to be provided by applicant. Installation or guaranty of improvements required. Development agreement required; terms. Performance guaranty. Final approval of required improvements.
SUBDIVISION AND LAND DEVELOPMENT § 175-35. § 175-36. § 175-37.
Remedies to effect completion of improvements. Maintenance agreement required; terms. Maintenance guaranty. ARTICLE IX Recording of Final Plan
§ 175-38. § 175-39. § 175-40.
§ 175-43. § 175-44. § 175-45.
§ 175-59. § 175-60. § 175-61. § 175-62. § 175-63. § 175-64.
Applicant’s duty to record plan. Record plan. Effect of recording. ARTICLE X Design Standards
§ 175-41. § 175-42.
§ 175-58.
ARTICLE XII Enforcement § 175-65.
Application Design standards applicable to all types of development. Residential design standards. Multifamily dwelling design standards. Commercial and industrial design standards. ARTICLE XI Required Improvements
§ 175-46. § 175-47. § 175-48. § 175-49. § 175-50. § 175-51. § 175-52. § 175-53. § 175-54. § 175-55. § 175-56. § 175-57.
Electric, gas, telephone and cable access television (CATV). Recreation paths. Construction site accessways. Swales. Detention basins. Project site vegetation. Existing underground utilities.
Violations and penalties.
Appendix A Owner’s Statement of Acknowledgment Appendix B Centralized Sewage Disposal System Procedures and Requirements Appendix C Central Water System Development Procedures and Requirements Map 1 Carbonate Geology
Application. Summary of required improvements. Monuments and markers. Streets. Curbs and gutters. Driveway entrances. Sidewalks. Street signs. Streetlighting. Traffic signals and signs. Landscaping. Storm sewer, sanitary sewer and centralized water supply facilities.
Application for review of Sketch Plan Application for Review of Preliminary and Minor Subdivisions Plans Application for Review of Final Plans Article 3 Sketch Plan Checklist Article 4 Minor Subdivision Checklist Article 5 Preliminary Plan Checklist Article 6 Final Plan Checklist
17502
SUBDIVISION AND LAND DEVELOPMENT
ARTICLE I General Provisions § 175-1. Short title. This chapter shall be known and may be cited as the "Forks Township Subdivision and Land Development Ordinance." § 175-2. Purpose. These regulations are established to regulate and control the subdivision and development of land within the township so as to provide sites suitable for human habitation, commercial and industrial operations and other uses for which land may be developed, thereby creating conditions favorable to the health, safety and welfare of the community, and consistent with the goals of the Comprehensive Plan of Forks Township. § 175-3. Applicability. From and after the effective date of this chapter: A.
No subdivision of land or development of any lot, tract or parcel of land shall be made, and no street, sanitary sewer, water main, gas, oil or electric transmission line or other facilities in connection therewith shall be laid out, constructed, opened or dedicated for public use or travel or for the common use of occupants of buildings abutting thereon, except in accordance with this chapter adopted herein and any other federal, state or local regulations.
B.
No lot in a proposed subdivision or land development may be sold, and no final permit to erect any building upon land in a subdivision or land development may be issued unless and until a site plan has been approved and recorded and either the required improvements in connection therewith have been constructed or the township has been assured, by means of a letter of credit, corporate bond or other security acceptable to the Board of Supervisors, that the improvements will subsequently be installed.
C.
The following are subject to the regulations of this chapter: (1)
Any subdivision or land development which involves the division of a parcel of land into two or more parcels.
(2)
Any land development involving the improvement of one or more lots or parcels of land.
17503
SUBDIVISION AND LAND DEVELOPMENT
(3)
Any division of land for the development of separate buildings, buildings structurally joined together or separate areas within a building which will result in separate occupancy or tenancy by separate families, individuals, businesses, corporations or other entities under a lease, rental or other arrangement.
(4)
Any division of contiguous nonconforming lots under common ownership.
(5)
Any division of a parcel of land which involves the installation of streets and/or alleys, regardless of whether or not such streets will be offered for dedication to the township.
(6)
Any division of a parcel of land in which certain parcels might not be divided immediately for purposes of transfer, sale, lease or any other form of conveyance.
(7)
Any realignment of two or more parcels involving a resubdivision or replotting of an existing approved plan even though such plan was recorded prior to the enactment of this chapter.
(8)
Any subdivision or land development which was approved more than five years before the effective date of this chapter. Where final approval is preceded by preliminary approval, the five -year period shall be counted from the date of preliminary approval.
§ 175-4. Exemptions. A.
Agriculture. The division by lease of land for agricultural purposes into parcels of more than 10 acres, not involving any new dwelling, street, easement, sewage system or connection, shall be exempt from review. However, caution should be exercised in utilizing this process if in the future any such parcel of land would be developed.
B.
Approved subdivisions. When an application for approval of a plat, whether preliminary or final, has been approved or approved subject to conditions acceptable to the applicant, no subsequent change or amendment in the zoning, subdivision or other governing ordinance or plan shall be applied to affect adversely the approved development in accordance with the terms of such approval within five years from such approval. If final approval is preceded by preliminary approval, the five-year period shall be counted from the date of the preliminary approval, as more fully set forth in the Municipalities Planning Code.
17504
SUBDIVISION AND LAND DEVELOPMENT § 175-5. Interpretation. A.
Standards. The provisions of this chapter shall be interpreted and applied as minimum requirements for the promotion of the public health, safety, comfort, convenience and general welfare. When provisions, standards and specifications of this chapter impose greater restrictions than those of any state statute or other ordinance or regulation, this chapter shall be controlling unless specified to the contrary.
B.
Illustrations. The illustrations in this chapter are not a part of the chapter, but are included for purposes of explanation and clarification.
§ 175-6. Modifications and exceptions. Where owing to special conditions, a literal enforcement of this chapter or its accompanying regulations would result in unnecessary hardship, the Board of Supervisors may make reasonable modifications and exceptions. Proof of unnecessary hardship must be presented to the Planning Commission by the developer. The Planning Commission shall review the applicant's request and submit a written report to the Board of Supervisors. The request for an exception shall be reviewed at a public meeting of the Board of Supervisors who shall make a decision consistent with the goals of the Comprehensive Plan and the intent of this chapter. The decision will be reported in the township minutes for that public meeting. A written summary of any modification or exception shall be appended to the record plan. § 175-7. Fees. The Board of Supervisors has established by resolution a schedule of fees and required deposits and a collection procedure for all applications and other matters pertaining to this chapter. The applicant is also required to submit any required fee to the Lehigh Valley Planning Commission and Soil Conservation Service to cover the entire review process as outlined in any county fee schedule. Plans shall not be considered filed until all fees are paid and the applications are properly signed. Engineering fees and legal fees incurred by the township in the review of plans, inspection of site development and the review and preparation of subdivision agreements and documents shall be billed to the applicant and deducted from the funds that the applicant has on deposit with the township. The Board of Supervisors has established by resolution a schedule of deposits for township engineering and township legal fees. Remaining deposits will be returned to the applicant at the termination of the township's involvement in the development. § 175-8. Enforcement. A.
The construction or installation of all improvements shall at all times be subject to inspection by the Township Engineer or his designate. If such inspection reveals that work is not in accordance with approved plans and specifications, that
17505
SUBDIVISION AND LAND DEVELOPMENT construction is not being done in a workmanlike manner or that erosion or sediment controls are failing to prevent accelerated erosion or waterborne sediment from leaving the site of construction, the township 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)
No lot in the subdivision shall be conveyed or placed under agreement of sale;
(2)
All construction on any lots for which a building permit has been issued shall cease; and/or
(3)
No further building permits for any lots shall be issued.
B.
Said cease and desist order shall be terminated upon determination by the township that 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 Engineer. A minimum of seven inspections by the Township Engineer or his designated representative shall be required. These inspections shall be effected in accordance with Subsection A above and shall occur at the following intervals or at intervals determined by the Township Engineer as unknown existing subsurface conditions are uncovered. (1)
Upon completion of rough grading, but prior to placing topsoil, installing permanent drainage or other site improvements or establishing covers. Where unsuitable conditions not previously known are uncovered which may affect the integrity of the facility, a remedial plan must be prepared prior to any further work.
(2)
Upon excavation and completion of the 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 or base course.
(6)
Before wearing course.
(7)
Upon final inspection.
17506
SUBDIVISION AND LAND DEVELOPMENT D.
The developer shall notify the Township Engineer, by direct contact, at least 48 hours in advance of any construction operations requiring an inspection.
§ 175-9. Remedies. A.
In addition to other remedies, the township may institute and maintain appropriate actions by law or in equity to restrain, correct or abate violations, to prevent unlawful construction, to recover damages and to prevent illegal occupancy of a building, structure or premises.
B.
Issuance. (1)
(2)
C.
The township may refuse to issue any permit or grant any approval necessary to further improve or develop any real property which has been developed or which has resulted from a subdivision of real property in violation of any ordinance adopted pursuant to Article V of the Municipalities Planning Code. This authority to deny such permit or approval shall apply to any of the following applicants: (a)
The owner of record at the time of such violation.
(b)
The vendee or lessee of the owner of record at the time that such vendee or lessee had actual or constructive knowledge of the violation.
(c)
The current owner of record who acquired the property subsequent to the time of violation without regard as to whether such current owner had actual or constructive knowledge of the violation.
(d)
The vendee or lessee of the current owner of record who acquired the property subsequent to the time of violation without regard as to whether such vendee or lessee had actual or constructive knowledge of the violation.
As an additional condition for issuance of a permit where the granting of an approval to any such owner, current owner, vendee or lessee for the development of any such real property, the township may require compliance with the conditions that would have been applicable to the property at the time the applicant acquired an interest in such real property.
The District Justice shall have initial jurisdiction in proceedings brought under Subsection D.
17507
SUBDIVISION AND LAND DEVELOPMENT D.
Any person, partnership or corporation who or which has violated any provisions of this chapter shall, upon being found liable therefore in a civil enforcement proceeding commenced by the township, pay a judgment of $500, plus all court costs, including reasonable attorney's fees incurred by the municipality as a result thereof. No judgment shall commence or be imposed, levied or payable until the date of the determination of a violation by the District Justice. If the defendant neither pays nor timely appeals the judgment, the township may enforce the judgment pursuant to the applicable rules of civil procedure. Each day that a violation continues shall constitute a separate violation, unless the District Justice, determining that there has been a violation, further determines that there was a good faith basis for the person, partnership or corporation violating this chapter to have believed that there was no such violation until the fifth day following the date of the determination of a violation by the District Justice and thereafter each day that a violation continues shall constitute a separate violation.
§ 175-10. Township Records. A.
Planning Commission. The Planning Commission shall keep a record of the findings, decisions and recommendations relative to all subdivision and land development plans recommended for action to the Township Board of Supervisors. Such records shall be open to the public for review.
B.
Board of Supervisors. The Secretary of the Board of Supervisors shall also keep a record of the findings, decisions and recommendations relative to all subdivision and land development plans filed for action by the Board of Supervisors.
§ 175-11. Revised plans and resubdivisions. A.
Revised plans. (1)
Until a submission is approved or rejected by the Board of Supervisors, the applicant may withdraw the submission and submit a revised plan following the submission and review procedures which apply to that plan. No submission fee shall be charged for the first revision, but a submission fee shall be required for a second or subsequent revision.
(2)
If, before a submission is approved or rejected by the Board of Supervisors, the applicant submits a new plan for the subdivision or development of lands proposed for subdivision or development in the earlier submission, and does not withdraw the earlier submission, the new plan shall be considered an alternate plan, for which a new submission fee shall be required.
17508
SUBDIVISION AND LAND DEVELOPMENT B.
Resubdivisions and lot line adjustments. A revision or resubdivision of a recorded plan of an approved final plan or a lot line adjustment of an existing lot shall be considered as a new subdivision and shall come under the jurisdiction of this chapter, unless modifications or exceptions are allowed pursuant to § 175-6 hereof.
§ 175-12. Amendments. The regulations set forth in this chapter may, from time to time, be amended by the Board of Supervisors. The following requirements shall be observed prior to making any amendments to this chapter: A.
A public hearing on the proposed amendment shall be observed prior to making any amendments to this chapter.
B.
In the case of a proposed amendment other than that prepared by the Township Planning Commission, the Board of Supervisors shall submit each amendment to the Township Planning Commission and the Lehigh Valley Planning Commission for recommendations at least 30 days prior to the date set for the public hearing on such proposed amendment.
§ 175-13. Appeals to courts. Decisions of the Board of Supervisors may be appealed in accordance with the Pennsylvania Municipalities Planning Code.
ARTICLE II Terminology § 175-14. Word usage. Words used in the present tense include the future. Words in the masculine gender include the feminine and the neuter. The singular includes the plural, and the plural the singular. The word "shall" is always mandatory. The word "may" is permissive. § 175-15. Definitions. When used in this chapter, the following words, terms and phrases shall have the following meanings, unless expressly stated otherwise or unless their context clearly indicates otherwise. ABUT -- Next to or adjacent to, and includes the words "directly across from streets, natural features and rights-of-way." ACRE -- Forty-three thousand five hundred sixty square feet.
17509
SUBDIVISION AND LAND DEVELOPMENT ADJACENT -- A state of being side by side, next to, adjoining, contiguous or abutting one to another, and includes the words "directly across from streets, natural features, and to rights-of-way." ADMINISTRATOR -- The person designated by the Board of Supervisors who receives subdivision or land development plans or otherwise acts in a clerical capacity for, and on behalf of, the Township Planning Commission. AGRICULTURE -- The raising and keeping of field, truck and tree crops. Agriculture does not include animal husbandry. ALLEY -- A public or private way affording only secondary means of access to abutting property. APPLICANT -- A landowner or developer who has filed an application for a subdivision or land development permit, including his heirs, successors and assigns. BLOCK -- Property bounded on one side by a street, and on the other three sides by a street, railroad, right-of-way, public park, waterway, township line or any combination thereof. BLOCK FRONTAGE -- That part of a block which fronts on a single street. BOARD -- The Zoning Hearing Board of Forks Township. BOARD OF SUPERVISORS -- The Board of Supervisors of Forks Township. BUFFER YARD -- A strip of land at least 20 feet in width which may be a part of the minimum setback distance and which is free of any principal or accessory building, parking lot, outdoor storage or any other use other than open space. BUILDING -- Any structure having a roof supported by columns or walls used for the shelter, housing or enclosure of persons, animals or property. "Building" is interpreted as including "or part thereof." BUILDING HEIGHT -- The vertical distance of a building measured from the point which is the mean level of the highest and lowest portion of the building site covered by the building to the highest portion of the roof. CARBONATE GEOLOGY -- Limestone or dolomite rock formations formed by carbonate sedimentation in shallow sea waters. CARPORT -- A building open on two or more sides and used in conjunction with a dwelling for the storage of private motor vehicles.
17510
SUBDIVISION AND LAND DEVELOPMENT CARTWAY -- The paved portion of a street or highway. CISTERN -- An underground reservoir or tank for storing rainwater. CLOSED DEPRESSION -- In a karst area, a distinctive bowl-shaped depression in the land surface. It is characterized by internal drainage, varying magnitude and an unbroken ground surface. COMMISSION -- The Planning Commission of Forks Township. COMPREHENSIVE PLAN -- The document entitled "Forks Township Comprehensive Plan," or any part thereof, prepared and adopted by the Board of Supervisors. CONCEPTUAL RECREATION PATH PLAN -- A plan adopted by the Township Board of Supervisors indicating locations for future recreation paths throughout the township that will be constructed by developers if and when those affected tracts of land are developed. CONCEPTUAL ROAD PLAN -- A plan adopted by the Township Board of Supervisors indicating locations for future major streets throughout the township that will be constructed by developers if and when those affected tracts of land are developed. CONSERVATION DISTRICT -- The County Conservation District. CONSTRUCTION -- Includes the placing of construction materials in a permanent position and fastening in a temporary or permanent position, and the demolition of a preexisting building, provided that further construction be diligently carried on. CONVERSION -- To change or adapt land or structures to a different use, occupancy or purpose. COUNTY -- The County of Northampton, Commonwealth of Pennsylvania. CROSSWALK or WALKWAY -- A strip of land, including a right-of-way dedicated to public use in order to facilitate pedestrian access through or into a block. CULVERT -- A pipe, conduit or similar structure, including appurtenant works which carry surface water. CURATIVE AMENDMENT -- A proposed zoning amendment made to the Board of Supervisors by any landowner who desires to challenge, on substantive grounds, the validity of an ordinance which prohibits or restricts the use or development of land in which he has an interest.
17511
SUBDIVISION AND LAND DEVELOPMENT DESIGN STORM -- The magnitude of precipitation from a storm event measured in probability of occurrence (e.g., fifty-year storm) and duration (e.g., twenty-four-hour storm), and used in computing stormwater management control systems. DETENTION BASIN -- A basin designed to retard stormwater runoff by temporarily storing the runoff and releasing it at a predetermined rate. DEVELOPER -- Any landowner, agent of such landowner or tenant with permission from a landowner who makes, or causes to be made, a subdivision of land or land development. DEVELOPMENT PLAN -- A proposal for the development of land, prepared in accordance with Chapter 200, Zoning, including a plat of subdivision, all covenants relating to use, location and bulk of buildings and other structures, intensity of use or density of development, streets, ways, parking facilities, common open space and public facilities. DISTRICT or ZONING DISTRICT -- A portion of the territory of the township within which certain uniform regulations and requirements or various combinations thereof apply under the provisions of this chapter. DOUBLE FRONTAGE LOTS—A lot that borders on at least two (2) public or private streets. DRAINAGE EASEMENT -- A right granted by a land owner to a grantee, allowing the use of private land for stormwater management purposes. DRAINAGE PLAN -- The documentation of the proposed stormwater management controls, if any, to be used for a given development site. DRIVEWAY -- A privately owned and constructed vehicular access from an approved private or public road into a lot or parcel having frontage on the road. DWELLING (RESIDENCE, RESIDENTIAL STRUCTURE) -- Any building, vehicle or portion thereof designed or used exclusively as the residence or sleeping place of one or more persons. The term "dwelling" shall not be deemed to include automobile, court, rooming house, tourist home, hotel, motel, hospital, nursing home, dormitory, fraternity house, sorority house or other group residence. A.
SINGLE-FAMILY DWELLING -- A detached building, designed for or occupied exclusively by one family, except for a mobile home.
B.
MOBILE HOME DWELLING: (1)
A transportable, single-family dwelling designed so that it can be: (a)
Transported on a highway.
17512
SUBDIVISION AND LAND DEVELOPMENT
(2)
(b)
Used for permanent occupancy, office or place of assembly 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.
(c)
Constructed so that it may be used without a permanent foundation.
"Mobile home" does not include travel trailers nor modular homes.
C.
MODULAR HOME -- A single-family dwelling designed for transportation after fabrication in one or more units, and arriving at a site where it is assembled on a permanent foundation and connected to utilities.
D.
TWO-FAMILY DWELLING -- A detached or semidetached building where not more than two individual family dwelling units are entirely separated by vertical walls or horizontal floors, unpierced except for access to the outside or to a common cellar.
E.
MULTIFAMILY DWELLING -- A building designed for occupancy of families living independently of each other and containing three or more dwelling units per building. (1)
(2)
LOW -RISE BUILDING -- Multifamily dwelling structures, including townhouses, garden apartments and other housing types which do not exceed three stories in height and which do not share a common outside access. (a)
GARDEN APARTMENT -- A building containing three or more dwelling units in a single structure, having no half stories underground, where individual dwelling units share a common outside access and share a common yard area which is the sum of the required lot areas of all the dwelling units within the building.
(b)
TOWNHOUSE -- An attached dwelling, with one dwelling unit from ground to roof, two points of independent outside access, at least two other dwellings built in conjunction therewith and any portion of one or two unpierced walls common with an adjoining dwelling.
LOW -RISE APARTMENT -- A multifamily dwelling in a building not exceeding three stories in height, where individual dwelling units share a common outside access. Each unit shares with other units a common yard area, which is the sum of the required lot areas of all of the dwelling units within the building.
17513
SUBDIVISION AND LAND DEVELOPMENT (3)
HIGH-RISE APARTMENT -- A multifamily dwelling in a building over three stories in height, where individual dwelling units share a common outside access and elevators serve each floor. Each unit shares with other units a common yard area, which is the sum of the required lot areas of all of the dwelling units within the building.
DWELLING UNIT (HOUSING UNIT) -- One or more rooms intended to be occupied by one family as separate living quarters, containing sanitary facilities, kitchen facilities and having direct access from the outside or through a common hall. EASEMENT -- A grant by the property owner of a use of land for specified purposes by the public, a corporation or persons. ENGINEER -- The registered professional engineer designated by the Board of Supervisors to perform all duties required of the Township Engineer by the provisions of this chapter. EROSION -- The removal of soil particles by the action of water, wind, ice or other geological agents. ESSENTIAL SERVICES -- Essential services include the provision of gas, electricity, steam, communication, telephone, sewer, water, public safety and other similar services. The facilities required to provide such services shall consist of: A.
Limited facilities. Limited facilities are equipment which do not require enclosure within a building or which can be constructed within a public right-of-way (including poles, towers, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, police call boxes, traffic signals and hydrants).
B.
Major facilities. Major facilities are equipment which require enclosure within a building or construction on its own site (including gas storage areas, substations, telephone exchanges and telephone booths).
FAMILY -- One or more individuals living as a single housekeeping unit. A family shall not be deemed to include the occupants of a college dormitory, residential club, motel, hotel or lodging house. FENCE -- A barrier of natural vegetative growth or of other natural or fabricated materials placed or arranged as a line of demarcation between lots or to enclose a lot or portion thereof. A.
BOUNDARY LINE FENCE -- Any fence which has an average center line within two feet of the lot line.
17514
SUBDIVISION AND LAND DEVELOPMENT FLOODPLAIN -- A relatively flat or low land area adjoining a river, stream or watercourse which is subject to partial or complete inundation once in every 100 years. FLOODWAY -- The designated area of a floodplain required to carry the discharge waters of a flood of one-hundred-year magnitude. FRACTURE TRACE -- Linear features in rock of less than one mile in length appearing on aerial photographs, representing zones of fracture concentrations in the bedrock. GHOST LAKES -- Transient surface water bodies formed in sinks and closed depressions after heavy precipitation, due to poor internal drainage. This poor drainage may be due to residual clay remaining after solution of limestone minerals. GRADE -- The elevation of finished ground or paving. GROUNDWATER RECHARGE -- Replenishment of existing natural underground water supplies. IMPERVIOUS COVER -- Any area covered by a structure or other cover which is incapable of being penetrated by moisture. INFILTRATION STRUCTURES -- A structure designed to direct runoff into the ground, e.g., french drains, seepage pits and seepage trench. KARST -- A type of topography that is formed over limestone, dolomite or gypsum by bedrock solution and that is characterized by closed depressions or sinkholes, caves and underground drainage. LAND DEVELOPMENT -- The improvement of one lot or two or more contiguous lots, tracts or parcels of land for any purpose involving: A.
A group of two or more residential or nonresidential buildings, whether proposed initially or cumulatively, or a single nonresidential building on a lot or lots regardless of the number of occupants or tenure.
B.
The division or allocation of land or space, whether initially or cumulatively, between or among two or more existing or prospective occupants by means of or for the purpose of streets, common areas, leaseholds, condominiums, building groups or other features.
C.
A subdivision of land.
17515
SUBDIVISION AND LAND DEVELOPMENT LANDOWNER -- The owner of a legal or equitable interest in land, including the holder of an option or contract to purchase (whether or not such option or contract is subject to any condition), or a lessee if he is authorized under the lease to exercise the right of the landowner. LEHIGH VALLEY PLANNING COMMISSION -- The Joint County Planning Commission for Lehigh and Northampton Counties. LOT -- Any parcel or tract of land intended as a unit of ownership, transfer of ownership, use, rent, improvement or development. Contiguous nonconforming lots under common ownership shall be considered one lot. A.
CORNER LOT -- A lot situated at and abutting the intersection of two streets having an interior angle of intersection not greater than 135°.
B.
INTERIOR LOT -- A lot other than a corner lot whose sides do not abut a street.
C.
REVERSE FRONTAGE LOTS -- Lots which front on one public street but provide vehicular access solely from another public street at the rear of the lot.
D.
THROUGH LOT -- An interior lot having frontage on two streets.
E.
FLAG-SHAPED LOT -- An irregularly-shaped lot characterized by an elongated extension from a road to the principal part of the lot. The flag or keyhole shape of the lot is normally intended to provide for access to an otherwise landlocked interior parcel.
LOT AREA -- The area contained within the lot lines, excluding space within all road rightsof-way. LOT DEPTH -- The mean average horizontal distance between the front and the rear lot lines. LOT FRONTAGE -- The horizontal distance between side lot lines at their foremost points (where they intersect with the street right-of-way line). LOT LINES -- The property lines bounding the lot. A.
FRONT LOT LINE -- The line separating the lot from an existing or proposed street right-of-way.
B.
REAR LOT LINE -- The lot line opposite and most distant from the front lot line. (A three-sided lot has no rear lot line.)
17516
SUBDIVISION AND LAND DEVELOPMENT C.
SIDE LOT LINE -- Any lot line other than a front or rear lot line. A "side street lot line" is a side lot line separating a lot from a street.
D.
STREET OR ALLEY LOT LINE -- A lot line separating the lot from a street or alley.
LOT WIDTH -- The horizontal distance between the side lot lines measured at the
minimum prescribed front yard setback line as set forth in Chapter 200, Zoning. NONCONFORMING LOT -- A lot which does not conform with the minimum width, depth or area dimensions specified for the district where such lot is situated, but was lawfully in existence at the time of enactment of Chapter 200, Zoning, or is legally established through the granting of a variance by the Board. Contiguous nonconforming lots under common ownership shall be considered one lot. OFFICIAL MAP -- The Official Map as adopted or amended by the Board of Supervisors showing the characteristics of streets, watercourses and public grounds. OFFICIAL ZONING MAP -- The map as adopted or amended by the Board of Supervisors which designated the location and boundaries of zoning districts. OPEN SPACE -- The unoccupied area of a lot. Open space does not include the areas of principal and accessory structures, streets, driveways or parking areas, but may include areas occupied by walkways, patios and porches without roofs, playgrounds and other areas occupied by outdoor recreation or play apparatus, gardens and trees. PEAK DISCHARGE -- The maximum rate of flow of storm runoff at a given point and time resulting from a specified storm event. PERFORMANCE GUARANTY -- Financial security which may be accepted by the township in lieu of a requirement that certain improvements be made by a developer
17517
SUBDIVISION AND LAND DEVELOPMENT before a plat is approved (including letters of credit, performance bonds, escrow agreements and other similar collateral or surety agreements). PERMIT -- A document issued by the proper township authority authorizing the applicant to undertake certain activities. A.
ZONING PERMIT -- A permit issued indicating that a proposed use, building or structure is in accordance with Chapter 200, Zoning, and which authorizes an applicant to proceed with said use, building or structure.
B.
BUILDING PERMIT -- A permit indicating that a proposed construction, alteration or reconstruction of a structure is in accordance with the construction provisions of any building code which may be adopted by the township which authorizes an applicant to commence with said construction, alteration or reconstruction.
C.
OCCUPANT PERMIT -- A permit issued upon completion of the construction of a structure, change in use of a structure or parcel of land or reoccupancy of a structure or land indicating that the premises comply with the provisions of Chapter 200, Zoning, and may be used for the purposes set forth in the occupancy permit.
PERSON -- An individual, partnership, organization, association, trust or corporation. When used in a penalty provision, "person" shall include the members of such partnership, the trustees of such trust and the officers of such organization, association or corporation. PLAN or PLAT -- A map or chart indicating the subdivision or resubdivision of land, which in its various stages of preparation can include the following: A.
SKETCH PLAN -- An informal plan, identified as such with the title "sketch plan" on the map, indicating existing features of a tract and its surroundings and the general layout of the proposed subdivision.
B.
PRELIMINARY PLAN -- A complete plan, identified as such with the title "preliminary plan," accurately showing proposed streets and lot layout and such other information as required by this chapter.
C.
FINAL PLAN -- A complete and exact plan, identified as such with the title "final plan," prepared for official recording as required by this chapter to define property rights and proposed streets and other improvements.
17518
SUBDIVISION AND LAND DEVELOPMENT PUBLIC NOTICE -- Notice required by Act 247, the Pennsylvania Municipalities Planning Code. Currently, Act 247 requires notice published once each week for two successive weeks in a newspaper of general circulation in the municipality. Such notice shall state the time and place of the hearing and the particular nature of the matter to be considered at the hearing. The first publication shall not be more than 30 days from the date of the hearing and the second publication shall not be less than seven days from the date of the hearing. QUARRY -- A site where mineral, stone, sand, gravel or topsoil is extracted. RECREATION PATH -- A public thoroughfare which affords a means of recreation by providing for walking, jogging, bicycling, etc. RELEASE RATE -- The percentage of the predevelopment peak rate of runoff for a development site to which the postdevelopment peak rate of runoff must be controlled to protect downstream areas. RETURN PERIOD -- Also know as a RECURRENCE INTERVAL, is a statistical estimate of the average likelihood of a certain rainfall event. For example, the twenty-five year return period rainfall or runoff event would be expected to occur one in twenty-five times or 4 percent. REVERSE FRONTAGE LOTS – A lot with one side abutting an arterial or collector street or road whether State or Township owned. The rear yard of a reverse frontage lot shall abut the arterial or collector street. RIGHT-OF-WAY -- Land reserved for the public or the abutting owners for use as a street, alley, interior walk or for other public purposes. RUNOFF -- That part of precipitation which flows over the land. SCS -- Soil Conservation Service, United States Department of Agriculture. SEEPAGE PIT/SEEPAGE TRENCH -- An area of excavated earth filled with loose stone or similar material and into which surface water is directed for infiltration into the ground. SEWAGE DISPOSAL SYSTEM, CENTRALIZED/ON-LOT -- A public utility system or other system designed to collect, centrally treat and dispose of sewage from users in compliance with regulations of the appropriate state agency and of the township. Any system which is not a centralized sewage disposal system shall be deemed an on-lot system. SEWER CONNECTION -- The connection consisting of all pipes, fittings and appurtenances from the drain outlet of a dwelling or building to the inlet of the street or main collector sewer pipe of the sewerage system serving the subdivision or land development.
17519
SUBDIVISION AND LAND DEVELOPMENT
SIGN -- A visual display which is affixed to, painted on or represented directly or indirectly upon a building, structure, wall or land and which directs attention to an object, product, place, activity, person, institution, organization or business. A sign shall not include any display of official court or public office notices, nor any traffic control device, nor the flag, emblem or insignias of a nation, state, county, municipality, school or religious group. A.
OFF-PREMISES SIGN -- A sign which directs attention to a business, commodity, service or entertainment conducted, sold or offered somewhere other than upon the premises where the sign is located or to which it is affixed.
B.
ON-PREMISES SIGN -- A sign which directs attention to a business, profession or industry conducted on the premises, or to products sold, manufactured or assembled upon the same premises upon which it is displayed or to which it is affixed (including signs offering premises for sale, rent or development, or advertising the services of professionals or advertising building trades during construction or alteration).
SINKHOLE -- A localized sinking of the land surface to a variable depth, occurring in areas of carbonate bedrock; generally characterized by a roughly circular outline, a distinct breaking of the ground surface and downward movement of soil into bedrock voids. SOIL CONSERVATION DISTRICT -- The Soil and Water Conservation District for Northampton County. SOIL-COVER-COMPLEX METHOD -- A method of runoff computation developed by SCS which is based upon relating soil type and land use/cover to a runoff parameter called a "curve number." SOIL SURVEY -- A scientific survey of soil conditions and characteristics prepared by an engineer or soil scientist and approved or certified by the United States Soil Conservation Service. STORAGE INDICATION METHOD -- A reservoir routing procedure based on solution of the continuity equation (inflow minus outflow equals the change in storage for a given time interval) and based on outflow being a unique function of storage volume. STORM SEWER -- A system of pipes or other conduits which carries intercepted surface runoff, street water and other wash waters or drainage, but excludes domestic sewage and industrial wastes. STREAM -- A watercourse.
17520
SUBDIVISION AND LAND DEVELOPMENT STREET -- A public or private thoroughfare which affords the principal means of access to abutting property, including avenue, place, way, parkway, drive, land, boulevard, highway, road and any other thoroughfare except an alley. A. EXPRESSWAY -- Designed for large volumes of high-speed through traffic with access limited to selected grade-separated or at-grade intersections. B.
ARTERIAL -- Arterials are designed primarily to carry traffic and generally should not provide access to land which would interfere with their primary traffic functions. They are also designed for medium to heavy volumes at moderately high speeds with restricted vehicular access to abutting properties.
C.
COLLECTOR STREET -- Collector streets are designed to carry a moderate volume of traffic between local streets and arterials and provide only limited vehicular access to the abutting properties.
D.
LOCAL STREET -- Local streets provide direct access to abutting properties or gather traffic from marginal access streets and provide routes to collector streets.
E.
LOCAL ACCESS STREET -- Local access streets primarily provide direct access to individual uses. They serve to provide the connecting link between the beginning or end point of a trip and the higher categories of streets. Local access streets are further classified as: (1)
CUL-DE-SAC STREET -- A cul-de-sac street is permanently terminated at one end by a vehicular turnaround and intersects another street at the other end. The length of a cul-de-sac street shall be measured from the point of the center-line intersection with an approved through road that has an alternate access to an existing public road to the center-line point of the radius of the cul-de-sac bulb.
(2)
LOOP STREET -- A loop street intersects other streets on each end and may intersect a cul-de-sac street at some point between each end. A loop shall not ultimately furnish access to more than 75 dwelling units or ultimately have an average daily traffic count in excess of 600 vehicles.
17521
SUBDIVISION AND LAND DEVELOPMENT
F.
MARGINAL ACCESS STREET -- Marginal access streets are minor streets parallel and adjacent to major traffic streets. They provide access to abutting properties and control of intersections with major traffic streets.
G.
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 or in land or water, whether or not affixed to the land. The term "structure" shall include buildings, signs, fences, walls, towers, swimming pools, porches, garages and similar structures. "Structure" shall be interpreted as including the words "or part thereof." SUBAREA -- The smallest unit of watershed breakdown for hydrologic modeling purposes. SUBDIVISION -- The division or redivision of a lot, tract or parcel of land by any means into two or more lots, tracts, parcels or other divisions of land, including changes in existing lot lines for the purpose, whether immediate or future, of lease, partition by the court for distribution to heirs or devisees or transfer of ownership of building or lot development; provided, however, that 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 any residential dwelling, shall be exempted. SUBDIVISION, MAJOR -- Any subdivision which does not qualify as a minor subdivision. SUBDIVISION, MINOR: A.
A subdivision: (1)
Divided into not more than five lots, including the remaining parcel.
(2)
Which involves no extension of municipal facilities, no new road or street nor an extension or improvement of an existing road or street.
(3)
Which provides for and does not adversely affect the potential development of the remainder of the tract.
B.
A subdivision for the purpose of joining or annexing a lot to an existing lot, parcel or tract of land and provides a covenant in the deed of the lot to be conveyed which joins it with and makes it an inseparable part of the parcel to which it is joined.
C.
A lot line adjustment affecting no more than five lots.
17522
SUBDIVISION AND LAND DEVELOPMENT D.
One or more subdivisions within a five-year period resulting in more than five lots shall comply with the requirements of a major subdivision.
TOWNSHIP -- The Township of Forks, Northampton County, Pennsylvania. USE -- The purpose for which land, signs, structures or buildings are arranged, designed or intended or for which it may be occupied or maintained, or any activity, occupation, business or operation which may be carried on. VARIANCE -- A granting of permission to use or alter land or structures which requires a variation from the strict application of a requirement of Chapter 200, Zoning. Variances are granted only in the case of exceptionally irregular, narrow, shallow or steep lots or other exceptional physical conditions, whereby strict application of regulations would result in practical difficulty and unnecessary hardship. Variances are granted only if specific requirements are met. A variance may not be granted to permit a use which is not permitted in the zoning district involved. WATER CONNECTION -- The connection consisting of all pipes, fittings and appurtenances from the water pipe to the inlet pipe of the distribution system within the dwelling or nonresidential unit. WATERCOURSE -- A discernible, definable natural course or channel along which water is conveyed ultimately to streams and/or rivers at lower elevations. A watercourse may originate from a lake or underground spring(s) and be permanent in nature or it may originate from a temporary source such as runoff from rain or melting snow. WATER SUPPLY SYSTEM, CENTRALIZED/ON-LOT -- A public utility system or other system designed to transmit water from a common source to users in compliance with the requirements of the appropriate state agencies and the township. Any system not deemed a centralized water supply system shall be an on-lot system. WETLAND -- Any land meeting the definition of wetland prescribed by the Army Corps of Engineers and/or the Department of Environmental Protection (DEP). ARTICLE III General Procedures § 175-16. General procedure for subdivision and land developments. A.
Review and approval stages. Three stages of plan submission are included in the procedure for approval of subdivision and land development plans: sketch, preliminary and final. These stages enable the Planning Commission and the Board of Supervisors to have an adequate opportunity to review the submission and to
17523
SUBDIVISION AND LAND DEVELOPMENT ensure that their formal recommendations are reflected in the final plan. The table below indicates the required plans for the different types of plan submissions. Plan Approval Stage Plan
Article
Type of Submission Minor Subdivision
Major Subdivision
Land Development
Sketch
IV
Not Required
Recommended
Not Required
Preliminary
VI
Not Required
Required
Required
Final
VII
Required
Required
Required
B.
Sketch plan. While sketch plans are not required for major and minor subdivisions and land developments, it is recommended that they be submitted. This will allow the applicant to consult early and informally with the Planning Commission and the Board of Supervisors before preparing a preliminary plan and formal application for approval. Potential differences can be more easily resolved and unnecessary expense and delay can be more easily avoided. The sketch plan will also be used to classify the subdivision as a minor or major subdivision. Comments made by the Planning Commission and the Board of Supervisors on the sketch plan are only recommendations and are not binding.
C.
Preliminary plan. Except for any sketch plan which is submitted, the initial plan submitted to the Planning Commission for review of a major subdivision or land development shall be considered the official preliminary plan. Minor subdivisions need not submit a preliminary plan. The purpose of the preliminary plan is to achieve formal approval of the preliminary plan in order to minimize the need for revisions when final plans are submitted.
D.
Final plan. After approval of the preliminary plan of a major subdivision or land development, the applicant submits a final plan to the Planning Commission. The purpose of the final plan is to require formal approval by the Board of Supervisors before plans for all subdivisions and land developments are recorded.
E.
Installation or guaranty of required improvements. Before approving any subdivision or land development plan for recording, the Board of Supervisors shall require either: (1)
That the improvements required by this chapter shall have been installed in strict accordance with the standards and specifications of this chapter; or
17524
SUBDIVISION AND LAND DEVELOPMENT (2)
That the township be assured by means of a proper development agreement and performance guaranty that the improvements required by this chapter will subsequently be installed.
F.
Recording of final plan. The applicant shall record the final plan approved by the Board of Supervisors in the office of the Recorder of Deeds of Northampton County within 90 days of such final approval, unless an extension has been granted, in writing, by the Board of Supervisors. A copy of the receipt issued by the County Recorder of Deeds shall be given by the applicant to the township. A receipt of recording shall be forwarded to the administrator immediately thereafter.
G.
Notification of Property Owners (1)
Upon receipt of an application for a subdivision or land development in Forks Township, the applicant shall send a letter to each property owner of record and each business owner of record within 300 feet of the proposed subdivision or land development. Proof of mailing shall be provided by applicant. Renotice is required if final plan approval is not received after 2 years from the original date.
(2)
If it is determined that subdivision or land development will also be accomplishing off site improvements, the applicant shall send a similar letter to each property owner of record and each business owner of record within 300 feet of the proposed off-site improvement.
(3)
At the first Planning Commission meeting when the application is to be considered, the applicant shall deliver to the Township a certification that the notice requirements of this subsection have been met. The certification shall be signed by the applicant. It shall include the name and address of each property owner and business owner to whom the notice was sent, as well as the date of mailing.
§ 175-17. General plan submission procedure. A.
Submission. (1)
The applicant shall submit the required number of plans to the administrator, by certified mail or by delivery in person, at least 15 business days prior to a regularly scheduled Planning Commission meeting. It is the applicant's responsibility to be aware of and adhere to any additional procedures established by resolution of the Board of Supervisors, which will be on file in the township offices. Number of plans required for submission are two full sets and 15 half sets no less than 11” x 17”. In addition, a full set shall be submitted in autoCAD or pdf.
17525
SUBDIVISION AND LAND DEVELOPMENT (2)
Revisions to submitted plans shall be coordinated with the Township Engineer’s review letter. Revisions shall be “bubbled” and “highlighted” and denoted with the review letter’s itemized comment number.
(3)
Applicant shall submit colored renderings of site plan including location plan and color elevations of non-residential buildings. These shall be submitted a minimum of 2 days prior to the meeting on a CD, in jpeg or tif file format as well as paper drawings.
B.
Forwarding by administrator. The administrator shall log in the plans, stamp the receipt date on the plans, and forward copies to the Township Engineer and other Township officers and agencies for review.
C.
Review. The plan shall be placed on the agenda of the next Planning Commission meeting. If the Township Engineer’s review letter is completed and distributed to the Planning Commission by three (3) business days preceding said Planning Commission meeting, then the plan shall be considered at said meeting. If not, then the Planning Commission shall have the right to table the plan until the next Planning Commission meeting. Applicant shall attend the first meeting after the plan is submitted to present a brief overview of the plan.
D.
Attendance. The applicant or the applicant’s duly authorized representative shall attend the Planning Commission meetings to discuss the submitted plans. Failure to appear may be sufficient cause for plan disapproval.
E.
Action by the Planning Commission. The Planning Commission shall recommend to the Board of Supervisors that the submitted plan be approved, approved with conditions or disapproved.
F.
Action by Board of Supervisors. All applications for approval of a plan, whether preliminary or final, shall be acted upon by the Board of Supervisors. The Board of Supervisors shall render its decision and communicate it to the applicant not later than ninety (90) days following the date of the regular meeting of the Planning Commission next following the date the application is filed, or after a final order of the court remanding an application, provided that should the next regular Planning Commission meeting occur more than thirty (30) days following the filing of the application, or final order of the court, the said 90-day period shall be measured from the 30 th day following the date the application has been filed.
G.
Public hearing. The Board of Supervisors may hold a public hearing prior to rendering its decision on any plan.
H.
Notification of applicant. The decision of the Board of Supervisors 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. When the application
17526
SUBDIVISION AND LAND DEVELOPMENT is not approved in terms as filed, the decision shall specify the defects found in the application and describe the requirements which have not been met and shall, in each case, cite to the provisions of the statute or ordinance relied upon. I.
Timeliness. Failure of the Board of Supervisors to render a decision and communicate it to the applicant within the time and in the manner required herein shall be deemed an approval of the application in terms as presented, unless the applicant has agreed in writing to an extension of time or change in the prescribed manner of presentation of communication of the decision, in which case, failure to meat the extended time or change in manner of presentation of communication shall have like effect. ARTICLE IV Sketch Plan
§ 175-18. Purpose. The purpose of the sketch plan is to establish in advance the overall objectives of the applicant, the extent to which the proposed plan conforms with the provisions of this chapter and if such plan qualifies as a minor subdivision, major subdivision or a land development. While sketch plans are not required for major and minor subdivisions, it is recommended that they be submitted to avoid unnecessary expense and delay. Comments made on the sketch plan are only recommendations and are not binding. § 175-19. Submission and review procedure. A.
Notice. The applicant shall request from the administrator at least 10 business days prior to a regularly scheduled meeting of the Planning Commission that time be reserved on the agenda for the applicant to submit a sketch plan.
B.
Submission.
C.
(1)
If such time is reserved or if the Planning Commission otherwise permits, the applicant shall submit 12 copies of the sketch plan to the Planning Commission 15 business days prior to it’s regularly scheduled meeting. The Planning Commission may require the submission of additional copies.
(2)
All sketch plans shall provide the information required by § 175-20, unless specifically waived by the Planning Commission.
Review and decision by the Planning Commission. (1)
The Planning Commission shall review the sketch plan at any public meeting. The Planning Commission shall inform the applicant that the plans and data
17527
SUBDIVISION AND LAND DEVELOPMENT as submitted do or do not meet the objectives and requirements of this chapter and any other applicable regulations. D.
Determination as a major or minor subdivision. The Planning Commission's minutes shall reflect a determination of the classification of the plan as a minor subdivision, major subdivision or land development.
E.
Review by the Board of Supervisors.
F.
(1)
The Board of Supervisors shall review the sketch plan following the Planning Commission's review. The Board of Supervisors shall inform the applicant that the plan and data as submitted do or do not meet the objectives and requirements of this chapter and shall be a part of the meeting's minutes.
(2)
The determination shall state whether a resubmission of a sketch plan is recommended or whether the requested changes may be reflected in the preliminary plan to be submitted.
Preliminary plan submission deadline. If the applicant elects to submit a sketch plan, failure of the applicant to submit a proper application for a preliminary plan within six months after classification of the sketch plan as a major subdivision or land development shall render any comments of the Planning Commission and the Board of Supervisors on the sketch plan null and void.
§ 175-20. Sketch plan requirements. All sketch plans shall contain the information in Subsections A, B, E and H and should contain the information in Subsections C, D, F, G and I as follows: A.
The name and location of the subdivision or land development.
B.
The names and addresses of: (1)
The landowner.
(2)
The developer.
(3)
If the developer is not an individual, then the developer’s principal officers and any person or entity holding an ownership interest of 10 percent or more in the entity.
(4)
The firm or the person that prepared the sketch plan.
17528
SUBDIVISION AND LAND DEVELOPMENT C.
The location map at a scale of one inch equals 2,000 feet showing the relation of the site to adjoining properties and streets. The map shall encompass an area of 8” x 8” centered around the site. USAS maps shall not be used.
D.
General information:
E.
F.
(1)
North arrow.
(2)
Both graphic scales and written scales, one inch equals 50 feet or one inch equals 100 feet preferred.
(3)
The date of the plan.
(4)
Site boundaries.
(5)
Boundaries with all adjoining properties with names of landowners.
The location of natural features on the site: (1)
Contour lines at an interval of not more than 20 feet as accurately superimposed from the latest United States Geological Survey (USGS) quadrangle map.
(2)
Permanent and seasonal high-water table areas.
(3)
Watercourses, lakes and wetlands. (If no wetlands are present, that fact should be so noted.)
(4)
One-hundred-year flood zones.
(5)
Location and extent of various soil types and DEP classification for each.
(6)
Rock outcrops and stone fields.
Location of existing man-made features: (1)
Street names and width of rights-of-way on the site and on immediately adjacent tracts.
(2)
Existing lot layout on the site and on immediately adjacent tracts.
(3)
Historic sites or structures, including name and description.
(4)
Sewer lines, waterlines, stormwater drains, culverts and other utilities.
17529
SUBDIVISION AND LAND DEVELOPMENT (5)
G.
H.
I.
Zoning requirements: (1)
Applicable district with information.
(2)
Lot size, maximum density and yard requirements.
(3)
Required open space.
Proposed layout: (1)
Total acreage of site.
(2)
Proposed general lot layout.
(3)
Proposed general street layout and linear feet of new streets.
(4)
Rights-of-way, restrictive covenants and easements for all drainage, utilities and other purposes which might affect development.
(5)
Number of units and types of buildings proposed.
(6)
Open space areas and recreation areas.
(7)
Map of entire contiguous holdings of owner or developer showing sketch plan for roads.
Supportive documents and information: (1)
J.
Utility easements and restrictive covenants and easements for purposes which might affect development.
Latest USGS quadrangle map or portion thereof with the perimeter of the development accurately plotted on paper.
Architectural Drawings. (1)
Floor plans of the proposed building(s).
(2)
Elevations of all sides of the proposed building(s).
(3)
Colored rendering of the building(s) and partial site.
(4)
Additional drawings as requested by the Planning Commission to help understand the proposed building and site utilization.
17530
SUBDIVISION AND LAND DEVELOPMENT
ARTICLE V Minor Subdivision § 175-21. Purpose. Classification of a proposed subdivision as a minor subdivision permits the developer and township to utilize a simplified procedure for reviewing such subdivision prior to approval for recording. § 175-22. Submission and review procedure. A.
B.
C.
Sketch plan. The applicant should prepare and submit a sketch plan of the proposed subdivision, and the Planning Commission shall review the submission in accordance with §§ 175-19 and 20 of this chapter. Final plan. The applicant shall submit a proper application for a final plan. Such plan shall be submitted and reviewed in accordance with the procedures in § 175-28 of this chapter. Revised / Resubmitted Plans (1)
Revisions to submitted plans shall be coordinated with the township engineer’s comment letter. Revisions shall be “bubbled” and “highlighted” and denoted with the comment letter’s itemized comment number.
§ 175-23. Final plan requirements for minor subdivisions. A.
Drafting standards. (1)
Plans shall be prepared, signed and sealed by a professional engineer, professional land surveyor or landscape architect (performing within their abilities as determined by their registration boards) on a standard sheet of 24 inches by 36 inches or 30 inches by 42 inches, except when the Planning Commission approves other size plans. Standard sheet size shall be consistent throughout the entire plan set of the application.
(2)
All information shall be legibly and accurately presented.
(3)
Plans shall be drawn at a scale of one inch equals 50 feet or one inch equals 100 feet, unless permission is granted for another scale.
(4)
All dimensions shall be set forth in feet and decimal parts thereof and bearings in degrees, minutes and seconds.
17531
SUBDIVISION AND LAND DEVELOPMENT
B.
(5)
Each sheet shall be numbered and shall show its relationship to the total number of sheets.
(6)
Plans shall be so prepared and shall bear an adequate legend to indicate clearly which features are existing and which are proposed.
(7)
When the plan is a revision of a previously approved plan, note the revisions.
(8)
The boundary line of the subdivision shall be shown as a solid heavy line.
General information. (1)
The name and location of the subdivision.
(2)
The names and addresses of:
(3)
(a)
The landowner.
(b)
The developer.
(c)
If the developer is not an individual, then the developer’s principal officers and any person or entity holding an ownership interest of 10% or more in the entity.
(d)
The adjoining property owners, including those across adjacent roads.
The owner's statement of intent (see Appendix A): (a)
The owner shall acknowledge said statement (see Appendix A) before an officer authorized to take acknowledgments.
(b)
The seal of a notary public or other qualified officer shall be impressed to the plan acknowledging owner's statement of intent.
(4)
The name, address, signature, certification and seal of the licensed professional responsible for the preparation of the plan to the engineer's statement (see Appendix A).
(5)
Approval/review signature blocks for (see Appendix A): (a)
The Township Supervisors.
(b)
The Township Planning Commission.
17532
SUBDIVISION AND LAND DEVELOPMENT
C.
(c)
A three-inch by five-inch space for the township's approval stamp located in the lower right hand corner.
(d)
Lehigh Valley Planning Commission.
(6)
Location map at a scale of one inch equals 2,000 feet showing the relation of the site to adjoining properties and streets. The map shall encompass an area of 8" x 8" centered around the site. USAS maps shall not be used.
(7)
North arrow.
(8)
Both graphic scales and written scales, one inch equals 50 feet or one inch equals 100 feet preferred.
(9)
The date of the plan and all subsequent revision dates.
(10)
The boundaries of all adjoining properties with names of landowners.
(11)
The deed book volume and page number, as entered by the County Recorder, referencing the latest source of title to the land being subdivided.
(12)
The Tax Map sheet, block and lot number for the tract begin subdivided.
The location of natural features on the site and within 300 feet of the site. (1)
Contour lines at an interval of not more than two feet shall be shown as follows: (a)
Slope of less than 15% may be accurately superimposed from the latest USGS quadrangle map, however, the slope at any on-lot sewage disposal site shall be shown as determined by field survey.
(b)
Slope of 15% or greater shall be based on a field survey or photogrametric procedure at a scale of one inch equals 100 feet or larger.
(2)
Permanent and seasonal high-water table areas.
(3)
Watercourses, lakes and wetlands with names, if any. (If wetlands do not exist on the site, that fact shall be so noted.)
(4)
One-hundred-year flood zones.
(5)
Location and extent of various soil types and DEP definitions for each.
17533
SUBDIVISION AND LAND DEVELOPMENT
D.
(6)
Rock outcrops and stone fields.
(7)
Existing trees with caliper of 12” or greater.
Boundary lines of tract. (1)
(2) E.
F.
The boundary lines of the area being subdivided. (a)
The boundaries of the lots being newly created shall be determined by an accurate field survey, closed with an error not to exceed one in 10,000 and balanced.
(b)
The boundaries of any residual tract which is 10 acres or less shall be determined by an accurate field survey, closed with an error not to exceed one in 10,000 and balanced.
(c)
The boundaries of any residual tract which is greater than 10 acres may be determined by deed.
Location and type of all existing monuments.
Location of existing man-made features on the site and within 100 feet of the site. (1)
Sufficient bearings, lengths of lines, radii, arc lengths, street widths, right-ofway and easement widths of all lots, streets, rights-of-way, easements and community or public areas to accurately and completely reproduce each and every course on the ground.
(2)
Existing lot layout on the site.
(3)
Historic sites or structures, including name and description.
(4)
Sewer lines, stormwater drains and culverts.
(5)
Waterlines, including the nearest fire hydrant.
(6)
Utility easements and restrictive covenants and easements for purposes which might affect development.
Zoning requirements. (1)
Applicable district.
(2)
Lot size and yard requirements.
17534
SUBDIVISION AND LAND DEVELOPMENT
G.
H.
(3)
Required open space.
(4)
Building setback line.
Proposed layout. (1)
Total acreage of site.
(2)
Proposed lot layout with identification number and total number of lots.
(3)
Lot width, depth and area.
(4)
(5)
Rights-of-way, restrictive covenants and easements for all drainage, utilities and other purposes which might affect development, with designation of areas to be dedicated to the township. All such easements shall be defined by bearings and distances. Open space areas and recreation areas.
(6)
The following items shall be shown on the plan using the symbols shown: (a)
Dwelling or structure
(b)
Well
(c)
Primary leach field
(d)
Secondary leach field
(e)
Soil probe location
(f)
Percolation test location
(7)
Any storm drainage facilities or structures.
(8)
Any proposed roads and/or utilities.
(9)
Building numbers as assigned by the township.
(10)
Sight distances shall be shown at the intersections of any proposed street with existing streets. Sight distances shall be measured pursuant to PennDOT requirements.
Additional information. The Planning Commission may require the submission of any additional information, including items required for a major subdivision.
17535
SUBDIVISION AND LAND DEVELOPMENT I.
J.
Covenants. (1)
All private deed restrictions already imposed or to be imposed as a condition to sale.
(2)
The Planning Commission may require the inclusion of any specific restrictive covenants which it deems fit and appropriate.
Supportive documents and information. (1)
A sketch to an appropriate scale, on one sheet covering the entire tract, showing the location of the area to be subdivided together with a sketch of any proposed roads to demonstrate that the proposed subdivision provides for the orderly development of any residual lands and/or does not adversely affect the residual lands.
(2)
Planning module. Three copies of the DEP Planning Module for Land Development as required by Act 537 (the Pennsylvania Sewage Facilities Act), as amended, shall be submitted. ARTICLE VI Preliminary Plan: Major Subdivisions and Land Developments
§ 175-24. Purpose. The purpose of the preliminary plan is to achieve formal approval of the preliminary plan in order to minimize the need for revisions when final plans are submitted. § 175-25. Submission and review procedure. A.
Submission deadline. The applicant shall submit a proper application for a preliminary plan. Such plan shall be submitted and reviewed in accordance with § 175-28 of this chapter.
B.
Requirements. The preliminary plan submitted shall provide the information required by § 175-26 and should conform to any changes recommended during the sketch plan procedure if a sketch plan was submitted.
C.
Revised / Resubmitted Plans (1)
Revisions to submitted plans shall be coordinated with the township engineer’s comment letter. Revisions shall be “bubbled” and “highlighted” and denoted with the comment letter’s itemized comment number.
17536
SUBDIVISION AND LAND DEVELOPMENT § 175-26. Preliminary plan requirements. A.
B.
Plans required. The following plans shall be required for all major subdivisions and land developments and shall show the information set forth in Subsections B through K as applicable. Plans may be combined if, in the discretion of the Planning Commission, clarity of the plan will not be impaired. (1)
Layout plan (see Subsections B, C, D and E).
(2)
Grading and storm drainage plan (see Subsections B, C, D and F).
(3)
Utility plan (see Subsections B, C, D and G).
(4)
Erosion and sedimentation plan (see Subsections B, C, D and H).
(5) (6)
Road profiles (see Subsections B, C and I). Sanitary sewer profiles (see Subsections B, C and J).
(7)
Storm sewer profiles (see Subsections B, C and J).
(8)
Construction details (see Subsections B, C and K).
Drafting standards required for all plans. (1)
Plans shall be prepared, signed and sealed by a professional engineer, professional land surveyor or landscape architect (operating within their jurisdiction pursuant to the requirements of their licensing boards) on a standard sheet of 24 inches by 36 inches or 30 inches by 42 inches, except when the Planning Commission approves of other size plans. Standard sheet size shall be consistent throughout the entire plan set of the application.
(2)
All information shall be legibly and accurately presented.
(3)
Plans shall be drawn at a scale of one inch equals 50 feet or one inch equals 100 feet. Vertical scale for profiles shall be five feet per inch.
(4)
All dimensions shall be set in feet and decimal parts thereof and bearings in degrees, minutes and seconds.
(5)
Each sheet shall be numbered and shall show its relationship to the total number of sheets. If match lines are employed, a legend showing sheet relationship shall be provided.
17537
SUBDIVISION AND LAND DEVELOPMENT
C.
D.
(6)
Plans shall be so prepared and shall bear an adequate legend to indicate clearly which features are existing and which are proposed.
(7)
Where any revision is made or when the plan is a revision of a previously approved plan, dotted lines shall be used to show features or locations to be abandoned and solid lines to show the currently proposed features. Notations of revisions shall be dated.
(8)
The boundary line of the subdivision shall be shown as a heavy line.
General information required on all plans. (1)
Titled: "Preliminary Plan - Major Subdivision."
(2)
Sheet title.
(3)
The name and location of subdivision or land development.
(4)
Both graphic scales and written scales, one inch equals 50 feet or one inch equals 100 feet preferred.
(5)
The date of plan and all subsequent revision dates.
(6)
Name, address, signature and seal to the professional's statement (see Appendix A) of any licensed engineer, surveyor or landscape architect (functioning pursuant to the restrictions as set forth by their licensing boards) responsible for the preparation of the plan.
Information required on all layout, grading and storm drainage, utility plans and erosion and sedimentation plans. (1)
(2)
General information. (a)
North arrow.
(b)
Site and lot boundaries with closure errors not exceeding 0.01 foot.
(c)
Boundaries of all adjoining properties with names of landowners within 300 feet.
(d)
Location and type of all existing monuments.
Natural features. (a)
Slope areas.
17538
SUBDIVISION AND LAND DEVELOPMENT
(3)
(4)
[1]
8% < 15%.
[2]
15% < 20%.
[3]
Over 20%.
(b)
One-hundred-year-floodplain areas.
(c)
Forested areas.
(d)
Watercourse, lakes and wetlands (together with names, if any). If no wetlands are present the plan shall bear a certification to that effect.
Location of existing man-made features on the site and within 100 feet from the site being subdivided or developed. (a)
Streets and rights-of-way, including name and right-of-way widths, on the site and on immediately adjacent tracts.
(b)
Existing lot layout on the site and on immediately adjacent tracts.
(c)
Historic sites or structures, including name and description.
(d)
Sewer lines, storm drains and culverts.
(e)
Bridges.
(f)
Utility easements, restrictive covenants and any other easements. All easements shall be defined by bearings and distances.
Proposed features. (a)
Layout of streets with center lines, cartways and rights-of-way and proposed names.
(b)
Layout of lots with identification number.
(c)
Building setback lines from all lot lines.
(d)
In nonresidential developments and planned residential developments, the arrangement and use of buildings and parking areas, with all necessary dimensions and number of parking spaces. Elevations and perspective sketches of proposed buildings are encouraged.
17539
SUBDIVISION AND LAND DEVELOPMENT
E.
(e)
Rights-of-way, restrictive covenants and easements for all drainage, utilities or other purposes. Easements shall be defined by bearings and distances.
(f)
Sidewalks and pedestrian paths.
(g)
Open space areas (if applicable).
(h)
Recreation facilities (if applicable).
(i)
Proposed monuments with reference to proposed improvements.
(j)
Sight distances shall be shown at the intersection of any proposed street with existing streets. Sight distances shall be measured pursuant to PennDOT requirements.
Layout plan. (1)
(2)
(3)
Names and addresses of: (a)
The landowner.
(b)
The developer.
(c)
If the developer is not an individual, then the developer’s principal officers and any person or entity holding an ownership interest of 10% or more in the entity.
(d)
Adjoining property owners, including those across adjacent roads.
Owner's statement of acknowledgment. (a)
The owner shall acknowledge the statement contained in Appendix A before an officer authorized to take acknowledgments.
(b)
The seal of the notary public or other qualified officer acknowledging the owner's statement shall be impressed onto the plan.
Approval/review signature blocks (see Appendix A) for: (a)
Township Supervisors.
(b)
The Township Planning Commission.
17540
SUBDIVISION AND LAND DEVELOPMENT
(4)
(c)
A three-inch-by-five-inch space for the township's approval stamp located in lower right hand corner.
(d)
Review by the Lehigh Valley Planning Commission.
(e)
Location map at a scale of one inch equals 2,000 feet showing the relation of the site to adjoining properties and streets. The map shall encompass an area of 8" x 8" centered around the site. USAS maps shall not be used.
(f)
Professional Engineer’s Certification of Unchanged Material. [1]
The plans shall contain a certification from the developer’s professional engineer that any revised - resubmitted plans contain only those changes brought to the attention of the Township as prescribed in § 175-25.C and § 175-28.C.
[2]
Certification language shall be as approved the township’s engineer.
Project summary list. The following information shall be listed on the plan: (a)
Total acreage of site.
(b)
Applicable zoning district(s) with requirements.
(c)
Total number of lots in the development.
(d)
Density of dwelling units per acre.
(e)
Required lot size.
(f)
Proposed lot size (maximum, minimum and average).
(g)
Open space required (if applicable).
(h)
Open space proposed (if applicable).
(i)
Type of water systems.
(j)
Type of sanitary disposal systems.
(k)
Linear feet of new road.
(l)
Deed source (volume and page).
17541
SUBDIVISION AND LAND DEVELOPMENT
(5)
(m)
Tax Map (block and lot).
(n)
Yard setbacks.
Proposed features. (a)
Accurate dimensions and areas of lots expressed in both square feet and acres.
(b)
Streets.
(c)
F.
[1]
Cartway and right-of-way width.
[2]
Center line with bearings, distances, horizontal curve data and stations corresponding to the profile.
[3]
Rights-of-way and curblines with horizontal curve radii at intersections.
[4]
Beginning and end of proposed construction.
[5]
Tie-ins by courses and distances to intersection of all public roads, with their names and widths of cartway and right-of-way.
Map of entire contiguous holdings and all other holdings of the owner within 1,000 feet, indicating area of proposed subdivision. A sketch plan of proposed road systems will be required for area not included in the preliminary plan.
Grading and storm drainage plan. (1)
Existing and proposed contour lines at intervals of two feet if the slope is 20% or less and five feet if the slope is over 20%. These contour intervals shall be based on a field survey or photogrametric procedure at a scale of one inch equals 50 feet or larger. Extrapolation from USGS maps shall not be acceptable.
(2)
Street center-line data and stations corresponding to the profile.
(3)
Storm drainage. (a)
Location and size of facilities with stations corresponding to the profile.
17542
SUBDIVISION AND LAND DEVELOPMENT
(4) G.
(b)
Location of inlets with invert elevation of flow line and grade at the top of each inlet.
(c)
Watershed areas for each drainage structure or swale.
(d)
Property lines and ownership with details of easements where required.
(e)
Beginning and end of proposed construction.
(f)
Location of all other drainage facilities and public utilities in the vicinity of storm drain lines.
(g)
Hydraulic design standards for culverts, bridge structures and/or other storm facilities.
(h)
If any detention or retention structures are used, the plans shall include a detailed plan view and profile views drawn at least to a horizontal scale of one inch equals 50 feet.
Location and size of proposed drainage swales.
Utility plan. (1)
(2)
If on-lot sanitary disposal systems are being proposed: (a)
Existing and proposed contour lines at intervals of two feet if the slope is 15% or less, five feet if the slope is over 15% and up to 20% and 20 feet if the slope exceeds 20% shall be shown. Contour intervals shall be based on a field survey or photogrametric procedure.
(b)
Proposed location of wells.
(c)
Proposed or typical location of dwelling.
(d)
Proposed location of subsurface disposal field and alternate field.
(e)
Location of percolation test holes and soil probe pit.
(f)
Location and extent of various soil types within the site, with the DEP definition for each.
(g)
Permanent and seasonal high-water table areas.
If centralized sanitary sewers are being proposed:
17543
SUBDIVISION AND LAND DEVELOPMENT
(3)
(4) H.
I.
(a)
Location and size of line with stations corresponding to the profile.
(b)
Location of manholes with invert elevation of flow line and grade at the top of each manhole.
(c)
Property lines and ownership with details of easements where required.
(d)
Beginning and end of proposed construction.
(e)
Location of laterals.
(f)
Location of all other drainage facilities and public utilities in the vicinity of sanitary sewer lines.
(g)
If municipal facilities are used, approval shall be required from that governing body.
Centralized water system: (a)
Location and size of waterline.
(b)
Plans regarding water source as required by Appendix C.EN
(b)
Fire hydrants.
Streetlighting.
Erosion and sedimentation plan. (1)
The erosion and sedimentation plan shall be in accordance with the regulations of the Northampton County Conservation District.
(2)
All stormwater runoff calculations shall be governed by the parameters set forth in Chapter 163, Stormwater Management.
Road profiles. (1)
Profile of existing ground surface along center line of street.
(2)
Proposed center-line grade with percent on tangents and elevations at fiftyfoot intervals.
17544
SUBDIVISION AND LAND DEVELOPMENT
J.
K.
L.
(3)
All vertical curve data, including length, elevations and minimum sight distance as required by Article X, Design Standards.
(4)
A plan view shall be placed on every profile sheet.
Sanitary sewer and storm drain profiles. (1)
Profile of existing ground surface with elevations at top of manholes or inlets.
(2)
Profile of storm drain or sewer showing type and size of pipe, grade, cradle, manhole and inlet locations and invert elevations along flow line.
(3)
All line crossings of other utilities.
(4)
Invert elevations along flow line at manholes, inlets and at line crossing of other utilities.
Details. (1)
Typical cross section and specifications for street construction as required by Article XI, Required Improvements.
(2)
Drainage swale cross section and construction materials.
(3) (4)
Pipe bedding details. Storm drainage structures.
(5)
Sanitary sewer structures.
(6)
Curb and sidewalk details.
Supportive documents and information. (1)
Copies of all restrictions or covenants under which lots are to be sold.
(2)
Map of all property holdings of the owner within 2,000 feet of the proposed subdivision, indicating the site of proposed subdivision. A sketch plan of a proposed road system with any property holdings contiguous to the proposed subdivision.
(3)
Certification of central water supply system. (a)
Public. When the subdivision is to be served with water by an existing water company or authority, the developer shall submit two copies of a letter from the water company or authority which states that the
17545
SUBDIVISION AND LAND DEVELOPMENT company or authority can adequately serve the subdivision and which states any conditions required by the company or authority for the provision of services. (b)
(4)
Private. When the subdivision is to be served by a private central water supply system: [1]
The developer shall submit a preliminary plan of the proposed system showing all pertinent features.
[2]
The approval of the subdivision shall be conditioned upon the receipt by the township of the approval of the system by the appropriate agencies prior to final plan submission.
[3]
Failure to submit the approval of the system by the appropriate agencies shall render any conditional preliminary plan approval null and void.
[4]
The Planning Commission and Supervisors shall have the right to review any such preliminary and final plans to determine the overall adequacy of the proposed system in accordance with Appendix C and/or DEP regulations.
Certification of a central sewage disposal system. (a)
Public. When the subdivision is to be served by an existing sewer company or authority: [1]
The developer shall submit a preliminary plan of the proposed sewerage system showing all pertinent features.
[2]
The developer shall submit two copies of a letter from the company or authority which states that the company or authority can adequately serve the subdivision and which states any conditions required by the company or authority for the provision of services.
[3]
The developer shall submit four copies of a completed planning module for land development concurrent with the preliminary plan.
[4]
The Planning Commission and Supervisors shall have the right to review any such preliminary and final plans to determine compliance and compatibility of the same with any township
17546
SUBDIVISION AND LAND DEVELOPMENT plans or studies and the overall adequacy of the proposed system. (b)
(5)
Private. When the subdivision is to be served by a private central sewage disposal system: [1]
The developer shall submit a preliminary plan of the sewerage and treatment systems showing all pertinent features.
[2]
The developer shall submit four copies of a completed planning module for land development concurrent with the preliminary plan.
[3]
The approval of the subdivision shall be conditioned upon the receipt by the township of the approval of the sewerage and treatment system by the appropriate state and federal agencies.
[4]
The approval of the subdivision shall be conditioned upon the receipt by the township of the approval of the land planning modules by the appropriate state and federal agencies.
[5]
The Planning Commission and Supervisors shall have the right to review any such preliminary and final plans to determine compliance and compatibility of the same with any township plans or studies and the overall adequacy of the proposed system in accordance with Appendix B and/or DEP regulations.
Certification of on-lot sewage system. When the subdivision is to be served by individual on-lot sewage disposal systems: (a)
The developer shall submit four copies of a completed planning module for land development concurrent with the preliminary plan.
(b)
The approval of the subdivision shall be conditioned upon the receipt by the township of the approval of the land planning module by the appropriate agencies.
(6)
A statement setting forth, in detail, the character of the improvements the applicant proposes to make on the property to be developed and a development schedule indicating the approximate date when construction can be expected to begin and be completed.
(7)
Impact analysis:
17547
SUBDIVISION AND LAND DEVELOPMENT (a)
In areas where there are problems concerning groundwater availability or quality, the Planning Commission or the Board of Supervisors shall require the developer to submit for review a hydrogeological report. Said report shall be prepared by a qualified and certified professional engineer, geologist or hydrologist who is approved by the township, and shall contain the following information: [1]
[2]
[3]
Geological investigation. [a]
Determine general geology of site, including compilation of existing information.
[b]
Conduct a fracture trace analysis to identify faults and lineations pertinent to the groundwater system at the site.
[c]
Determine geological factors controlling groundwater movement.
Groundwater hydrology. [a]
Survey and compile flow data for existing wells and proposed wells.
[b]
Identify aquifer characteristics such as storage coefficient, transmissibility, well yields and recharge rates.
[c]
Determine capacities of major production wells and general groundwater use in area of the proposed subdivision, including identification of overpumped areas and critical recharge areas, if any.
[d]
Characterize groundwater quality in site area.
[e]
Identify long-term safe yield of aquifers.
Environmental impacts to groundwater. [a]
Evaluate effects of on-lot sewage systems on groundwater system, including recharge capability and water quality implications.
[b]
Determine availability of groundwater and dewatering effects, including impacts of impervious surfaces and
17548
SUBDIVISION AND LAND DEVELOPMENT stormwater management facilities on groundwater recharge capacity.
(b)
[c]
Assess effects of the development on nearby wells.
[d]
Confirm the availability of groundwater for all existing and proposed uses.
Developers of subdivisions or land developments generating in excess of 100 round trips per day shall be required by the Planning Commission or the Board of Supervisors to submit for review a traffic impact study. The study shall indicate increases projected in vehicular traffic and the ability of the existing road system to accommodate traffic increases and should be prepared in accordance with standards set forth by the American Association of State Highway and Transportation Officials, Pennsylvania Department of Transportation and any other recognized institute of authority.
(8)
Storm drainage calculations. All calculations relating to facilities appearing on the grading and storm drainage plan and the erosion and sedimentation plan shall be submitted for review by the Township Engineer. See Chapter 163, Stormwater Management
(9)
Other utilities. The applicant shall submit letters of commitment from the proposed utilities (i.e., water, sewer, electric, telephone, CATV, gas, etc.)
(10)
Sinkhole occurrences. Whenever a subdivision or land development or part thereof is in an area of carbonate geology as mapped in Appendix F, the following provisions shall apply. (a)
A recognized professional with competence in the field shall review aerial photographs, soils and other related data available to him or her, as the data relates to the subject property. The professional shall also conduct a site inspection of the property.
(b)
Based on the work required in Subsection L(10)(a), the professional shall prepare a map of the site showing all karst features or feature indicators. The mapping shall indicate, but shall not be limited to, the following features: [1]
Closed depressions.
[2]
Open sinkholes.
[3]
Seasonal high-water table indicators.
17549
SUBDIVISION AND LAND DEVELOPMENT
(c)
M.
[4]
Outcrops of bedrock.
[5]
Unplowed areas of plowed fields.
[6]
Surface drainage into ground.
[7]
Ghost lakes after rainfall.
Based upon the work performed in Subsection L(10)(a), the professional shall determine what further testing should be done by the applicant to ensure compliance with the performance standards set forth in § 175-42Q. Testing methodology shall be reasonable under the circumstances, including: [1]
The scale of the proposed development.
[2]
The hazards revealed by examination of available data and site inspection.
(d)
The applicant shall cause the additional testing established in Subsection L(10)(c) to be done. The test results shall be included with the submission and shall be referred to the Municipal Engineer.
(e)
The Municipal Engineer shall report to the Planning Commission, with a copy to the landowner, his or her opinion as to the adequacy of the study and as to the capability of the site to support the proposed development in a manner in which the risks attendant to development in carbonate areas are either eliminated or minimized. Recommendations for site development, including stormwater management, the layout of utility lines and building location may be included. Additional studies or testing as deemed necessary by the Municipal Engineer in order to produce an adequate study given the scale of the proposed development and the hazards revealed, may be required of the applicant.
Architectural Drawings. (1)
Floor plans of the proposed building(s).
(2)
Colored elevations of all sides of the proposed building(s).
(3)
Colored rendering of the building(s) and partial site.
17550
SUBDIVISION AND LAND DEVELOPMENT (4)
Additional drawings as requested by the Planning Commission to help understand the proposed building and site utilization. ARTICLE VII Final Plan: Major Subdivision or Land Development
§ 175-27. Purpose. The purpose of the final plan is to require formal approval by the Board of Supervisors before plans for all subdivisions and land developments are recorded. § 175-28. Submission and review procedure. A.
Submission deadline. Applicants shall submit a final plan within one year from the date of the conditional approval of the preliminary plan by the Board of Supervisors, unless an extension, in writing, has been granted by the Board of Supervisors. Failure to comply with this requirement shall render the preliminary plan null and void and a new preliminary plan must be submitted.
B.
Requirements.
C.
(1)
The final plan submitted shall conform to the changes recommended during the preliminary plan review and shall provide the information required by § 175-29. The final plan shall also contain the following certification signed by the developer’s professional engineer: “This plan fully conforms to the changes and requirements required by the Board of Supervisors during review of the preliminary plan. The submitted plan does not contain any revisions except those that are brought to the attention of the Township Engineer pursuant to § 175-28.C of the Forks Township Subdivision and Land Development Ordinance.
(2)
If the final plan departs substantially from the approved preliminary plan, the Planning Commission may classify the same as a revised preliminary plan and process the application in accordance with § 175-11.
Submission. (1)
The applicant shall submit the required number of plans to the administrator, by certified mail or by delivery in person, at least 15 business days prior to a regularly scheduled Planning Commission meeting. It is the applicant’s responsibility to be aware of and adhere to any additional procedures established by resolution of the Board of Supervisors, which will be on file in the township offices.
17551
SUBDIVISION AND LAND DEVELOPMENT (2)
Revisions to submitted plans shall be coordinated with the Township Engineer’s review letter. Revisions shall be “bubbled” and “highlighted” and denoted with the review letter’s itemized comments number.
D.
Forwarding by Administrator. The administrator shall log in the plans, stamp the receipt date on the plans and forward copies to the Township Engineer and other township officers and agencies for review.
E.
Review. The plan shall be placed on the agenda of the next Planning Commission meeting. If the Township Engineer’s review letter is completed and distributed to the Planning Commission three (3) business days preceding said Planning Commission meeting, then the plan shall be considered at said meeting. If not, then the Planning Commission shall have the right to table the plan until the next Planning Commission meeting. The Township Engineer may also engage the services of outside consultants to assist in the review of the application. The applicant shall be responsible for those costs and fees so incurred.
F.
Forwarding of Plans. The applicant shall submit the required fees, application form and one copy of the plan and the supporting documents to the Lehigh Valley Planning Commission for it’s review.
G.
Attendance. The applicant or the applicant’s duly authorized representative shall attend the Planning Commission meeting to discuss the submitted plans. Failure to appear may be sufficient cause for plan disapproval.
H.
Review and Action by the Planning Commission. The Planning Commission shall:
I.
(1)
Review all applicable reports.
(2)
Determine whether the plan meets the requirements of this chapter and other ordinances.
(3)
Discuss the plan with the applicant or the applicant’s agents or representatives.
(4)
Recommend revisions so that the plan will conform to this chapter and other ordinances.
(5)
Recommend approval, conditional approval or disapproval of the plan to the Board of Supervisors.
Site Inspection. The Planning Commission and Board of Supervisors have a right to conduct site inspections of the proposed subdivision or land development prior to taking action upon the plan. If weather conditions prevent a proper and adequate inspection, the Planning Commission and Board of Supervisors may take
17552
SUBDIVISION AND LAND DEVELOPMENT conditional action subject to a subsequent inspection. The Owner shall make the premises available to the Planning Commission members and Board of Supervisors for said purposes and provide a guide if requested. J.
Review by the Board of Supervisors. After the Planning Commission has completed it’s review, the Board of Supervisors shall: (1) (2)
Review all applicable reports. Consider the recommendations of the Planning Commission.
(3)
Determine whether the plan meets the objectives and requirements of this chapter and other ordinances.
K.
Public Hearing. The Board of Supervisors may hold a public hearing prior to rendering it’s decisions on any final plan.
L.
Action by the Board of Supervisors. All applications for approval of a plan, whether preliminary or final shall be acted upon by the Board of Supervisors. The Board of Supervisors shall render it’s decision and communicate it to the applicant not later than ninety (90) days following the date of the regular meeting of the Planning Commission next following the date the application is filed, or after a final order of the court remanding an application, provided that should the next regular Planning Commission meeting occur more than thirty (30) days following the filing of the application, or the final order of the court, the said 90-day period shall be measured from the 30 th day following the date the application has been filed.
M.
Notification of Applicant. The decision of the Board of Supervisors shall be in writing and shall be communicated to the applicant personally or mailed to him at his last known address not later that 15 days following the decision. When the application is not approved in terms as filed, the decision shall specify the defects found in the application and describe the requirements which have been met and shall, in each case, cite to the provisions of the statute or ordinance relied upon.
N.
Timeliness. Failure of the Board of Supervisors to render a decision and communicate it to the applicant within the time and in the manner required herein shall be deemed an approval of the application in terms as presented unless the applicant has agreed in writing to an extension of time or change in the prescribed manner of presentation of communication of the decision, in which case, failure to meet the extended time or change in manner of presentation of communication shall have like effect.
O.
Development In Phases. (1) In the case where development is projected over a period of years, the Supervisors may authorize submission of final plats by phases of development,
17553
SUBDIVISION AND LAND DEVELOPMENT subject to such requirements or guarantees as to improvements in future phases of development as they find essential for the protection of any finally approved phase of the development. (2) Each section or phase in any residential subdivision or land development, except for the last section or phase, shall contain a minimum of 25% of the total number of dwelling units depicted on the preliminary plan, unless a lesser percentage is approved by the Board of Supervisors, in its discretion. (3) If the final plan is to be submitted in phases, each phase shall relate logically to provide continuity of access, extension of utilities and availability of amenities. Each phase shall be designed so that the improvements therefore can function completely and separately from improvements in any incomplete phase. (4) In the case of the development of a subdivision or land development in phases, then, unless prior written permission is obtained from the Supervisors, developer shall not commence any work in any subsequent phase until all of the required municipal improvements have been completed, as determined by the Township Engineer. (5) In the case of a preliminary plan calling for the installation of improvements beyond the 5-year period from the date of preliminary approval, a schedule shall be filed by the land owner with the preliminary plat delineating all proposed sections, as well as deadlines which applications for final plan approval of each section are intended to be filed. Such schedule shall be updated annually by the applicant on or before the anniversary of the preliminary plan approval, until final plan approval of the final section has been granted, and any modification in the aforesaid schedule shall be subject to the approval of the Supervisors in its discretion. P.
Effect of Decision of the Board of Supervisors. (1)
Where conditional approval has been granted, the conditions must be satisfied within one year. If the conditions are not satisfied within one year, the conditional approval shall lapse and the plan must be resubmitted to the Board of Supervisors.
(2)
The approval of the final plan by the Board of Supervisors shall not constitute an acceptance of the dedication of a street or other proposed public way, space or area shown on the final plan. The conditions of acceptance shall be as set forth in the improvement agreement. If the Board of Supervisors elects to accept lands offered for dedication, the submission shall be accompanied by duly executed instruments of conveyance to the township. Such instruments shall be accompanied by a certification that the title thereof is free and unencumbered.
17554
SUBDIVISION AND LAND DEVELOPMENT
(3)
Approval of a preliminary plan shall constitute conditional approval of the subdivision or land development as to the character and intensity, but shall not constitute approval of the final plan or authorize the sale of lots or construction of buildings.
§ 175-29. Final plan requirements. A.
B.
Plans required. All plans shall be prepared, signed and sealed by a professional engineer, professional land surveyor or landscape architect functioning within their limits as prescribed by their licensing boards. The following plans shall be required and shall show the information set forth in Subsections B through K as applicable. Plans may be combined if, in the discretion of the Planning Commission, clarity of the plan will not be impaired. (1)
Plot plan for land subdivisions (see Subsections B, C, E and F).
(2)
Grading and storm drainage plan (see Subsections B, C, D and G).
(3)
Utility plan (see Subsections B, C, D and H).
(4)
Erosion and sedimentation plan (see Subsections B, C, D and I).
(5)
Road profiles (see Subsections B, C and J).
(6)
Sanitary sewer profiles (see Subsections B, C and K).
(7)
Storm sewer profiles (see Subsections B, C and K).
(8)
Construction details (see Subsections B, C and L).
Drafting standards required for all plans. (1)
Plans shall be prepared on a standard sheet of 24 inches by 36 inches or 30 inches by 42 inches, except when the Planning Commission approves of other size plans. Standard sheet size shall be consistent throughout the entire plan set of the application.
(2)
All information shall be legibly and accurately presented.
(3)
Plans shall be drawn at a scale of one inch equals 50 feet or one inch equals 100 feet. Vertical scale for profiles shall be five feet per inch.
(4)
All dimensions shall be set in feet and decimal parts thereof and bearings in degrees, minutes and seconds.
17555
SUBDIVISION AND LAND DEVELOPMENT
C.
D.
(5)
Each sheet shall be numbered and shall show its relationship to the total number of sheets. If match lines are employed, a legend showing sheet relationship shall be provided.
(6)
Plans shall be so prepared and shall bear an adequate legend to indicate clearly which features are existing and which are proposed.
(7)
Where any revision is made or when the plan is a revision of a previously approved plan, dotted lines shall be used to show features or locations to be abandoned and solid lines to show the currently proposed features. Notations of revisions shall be dated.
(8)
The boundary line of the subdivision shall be shown as a heavy line.
General information required on all plans. (1)
Titled: "Final Plan - Major Subdivision."
(2)
Sheet title.
(3)
Name and location of subdivision or land development.
(4)
Both graphic scales and written scales, one inch equals 50 feet or one inch equals 100 feet preferred.
(5)
Date of plan and all subsequent revision dates.
(6)
Name, address, signature and seal to the professional's statement (see Appendix A) of any licensed professional qualified to prepare the plan.
(7)
North arrow.
Information required on all layout, grading and storm drainage and utility plans. (1)
(2)
General information: (a)
Site and lot boundaries with a closure error of 0.01 foot or less.
(b)
Boundaries of all adjoining properties with names of landowners.
(c)
Location and type of all existing monuments.
Natural features:
17556
SUBDIVISION AND LAND DEVELOPMENT (a)
(3)
(4)
Slope areas. [1]
8% < 15%.
[2]
15% < 20%.
[3]
Over 20%.
(b)
One-hundred-year-floodplain areas.
(c)
Forested areas.
(d)
Watercourses, lakes and wetlands. If no wetlands are present the plan shall bear a certification to that effect.
Location of existing man-made features on the site and within 100 feet from the site being subdivided or developed: (a)
Streets and rights-of-way, including name and right-of-way widths on the site and on immediately adjacent tracts.
(b)
Existing lot layout on the site and on immediately adjacent tracts.
(c)
Historic sites or structures, including name and description.
(d)
Sewer lines, storm drains and culverts.
(e)
Bridges.
(f)
Utility easements, restrictive covenants and any easements. Easements shall be defined by bearings and distances.
Proposed features: (a)
Layout of streets with center lines, cartways and rights-of-way and proposed names.
(b)
Layout of lots with identification number.
(c)
Building setback lines from all lot lines.
(d)
In nonresidential developments and planned residential developments, the arrangement and use of buildings and parking areas, with all necessary dimensions and number of parking spaces.
17557
SUBDIVISION AND LAND DEVELOPMENT Elevations and perspective sketches of proposed buildings are encouraged.
(5)
E.
(e)
Rights-of-way, restrictive covenants and easements for all drainage, utilities or other purposes which might affect development.
(f)
Sidewalks and pedestrian paths.
(g)
Open space areas (if applicable).
(h)
Recreation facilities (if applicable).
(i)
Proposed monuments with reference to proposed improvements.
(j)
Sight distances shall be shown at the intersection of any proposed street with existing streets. Sight distances shall be measured pursuant to PennDOT requirements.
(k)
Fire lanes pursuant to the Township Fire Lane Ordinance.
Protective covenants providing for: (a)
Building setbacks.
(b)
Corner lot sight easements.
(c)
Utility, drainage and slope easements.
(d)
Well and sewage disposal systems shall be constructed in accordance with recommended standards of the Pennsylvania Department of Environmental Protection (if appropriate).
(e)
Individual owners of lots must apply to the township for a sewage permit prior to undertaking the construction of an on-lot sewage disposal system (if appropriate).
(f)
The Planning Commission and Board of Supervisors have not passed upon the feasibility of any individual lot or location within a lot being able to sustain any type of well or sewage disposal system (if appropriate).
Plot plan and layout plan; additional required information. (1)
Names and addresses of:
17558
SUBDIVISION AND LAND DEVELOPMENT
(2)
(3)
(a)
The landowner.
(b)
The developer.
(c)
If the developer is not an individual, then the developer’s principal officers and any person or entity holding an ownership interest of 10% or more in the entity.
(d)
The adjoining property owners, including those across adjacent roads.
The owner's statement of acknowledgment (see Appendix A):EN (a)
The owner shall acknowledge the statement contained in Appendix A before an officer authorized to take acknowledgments.
(b)
The seal of a notary public or other qualified officer acknowledging the owner's statement of acknowledgment shall be impressed to the plan.
Approval/review signature blocks for (see Appendix A): (a)
The Township Supervisors.
(b)
The Township Planning Commission.
(c)
A three-inch-by-five-inch space for the township's approval stamp located in lower right hand corner.
(d)
Review by the Joint Planning Commission of Lehigh-Northampton Counties.
(4)
Location map at a scale of one inch equals 2,000 feet showing the relation of the site to adjoining properties and streets. The map shall encompass an area of 8" x 8" centered around the site.
(5)
Project summary list. The following information shall be listed on the plan: (a)
The total acreage of site.
(b)
The applicable zoning district(s) with requirements.
(c)
The total number of lots in the development.
(d)
The density of dwelling units per acre.
(e)
The required lot size.
17559
SUBDIVISION AND LAND DEVELOPMENT
(6)
(f)
The proposed lot size (maximum, minimum and average).
(g)
The open space required (if applicable).
(h)
The open space proposed (if applicable).
(i)
The type of water systems.
(j)
The type of sanitary disposal systems.
(k)
The linear feet of the new road.
(l)
The deed source (volume and page).
(m)
The Tax Map (block and lot).
(n)
Yard setback lines.
Proposed features. (a)
Layout of lots with identification number.
(b)
All dimensions shall be to the nearest 1/100 of a foot with a maximum closure error of 0.01 foot and areas of lots expressed in both square feet and acres.
(c)
Streets.
(d)
[1]
Proposed names.
[2]
Cartway and right-of-way width.
[3]
Center line with bearings, distances and curve data.
[4]
Right-of-way and curblines with radii at intersections.
[5]
Beginning and end of proposed construction.
[6]
Tie-ins by courses and distances to intersections of all public roads, with their names and widths of cartway and right-of-way.
Building setback lines from all lot lines.
17560
SUBDIVISION AND LAND DEVELOPMENT
F.
Right-of-way, restrictive covenants and easements for all drainage, utilities or other purposes. Easements shall be defined by bearings and distances.
(f)
Building numbers as assigned by the township.
Plot plan; additional information required. (1)
(2)
G.
(e)
General information: (a)
Site and lot boundaries with a maximum closure error of 0.01 foot.
(b)
Boundaries of all adjoining properties with names of landowners.
(c)
Location and type of all existing monuments.
Location of existing man-made features within 100 feet from the tract being subdivided: (a)
Streets and rights-of-way, including name and right-of-way widths, on the site and on immediately adjacent tracts.
(b)
Existing lot layout on the site and on immediately adjacent tracts.
(c)
Utility easements, restrictive covenants and easements for purposes which might affect development.
Grading and storm drainage plan. (1)
Existing and proposed contour lines at intervals of two feet if slope is 15% or less, five feet if slope is over 15% and up to 20% and 20 feet if slope exceeds 20%. These contour intervals shall be based on a field survey or photogrametric procedure, at a scale of one inch equals 50 feet or larger. (Topography extrapolated form USGS maps will not be acceptable.)
(2)
Street center-line data and stations corresponding to the profile.
(3)
Storm drainage. (a)
Location and size of line with stations corresponding to the profile.
(b)
Location of inlets with invert elevation of flow line and grade at the top of each inlet.
(c)
Watershed areas for each drainage structure.
17561
SUBDIVISION AND LAND DEVELOPMENT
(4) H.
(d)
Property lines and ownership, with details of easements where required.
(e)
Beginning and end of proposed construction.
(f)
Location of all other drainage facilities and public utilities in the vicinity of storm drain lines.
(g)
Hydraulic design data for culverts and/or bridge structures.
Location and size of proposed drainage swales.
Utility plan. (1)
(2)
If on-lot sanitary disposal systems are being proposed: (a)
Existing and proposed contour lines at intervals of two feet if slope is 15% or less, five feet if slope is over 15% and up to 20% and 20 feet if slope exceeds 20% shall be shown. Contour intervals shall be based on a field survey or photogrametric procedure.
(b)
Proposed location of wells.
(c)
Proposed or typical location of dwelling.
(d)
Proposed location of subsurface disposal field and alternate field.
(e)
Location of percolation test holes and soil probe pit.
(f)
Location and extent of various soil types within the site, with the DEP definition for each.
(g)
Permanent and seasonal high-water table areas.
If centralized sanitary sewers are being proposed: (a)
The location and size of line with stations corresponding to the profile.
(b)
The location of manholes with invert elevation of flow line and grade at the top of each manhole.
(c)
The property lines and ownership, with details of easements where required.
17562
SUBDIVISION AND LAND DEVELOPMENT
(3)
(4) I.
J.
K.
(d)
The beginning and end of proposed construction.
(e)
The location of laterals.
(f)
The location of all other drainage facilities and public utilities in the vicinity of sanitary sewer lines.
Centralized water system: (a)
Location and size of waterline.
(b)
Plans pertaining to water source as required by Appendix C.
(c)
Fire hydrants.
Streetlighting.
Erosion and sedimentation plan. (1)
The erosion and sedimentation plan shall be in accordance with the regulations of the Northampton County Conservation District.
(2)
All stormwater runoff calculations shall be governed by the parameters set forth in Chapter 163, Stormwater Management.
Road profiles. (1)
Profile of existing ground surface along center line of street.
(2)
Proposed center-line grade with percent on tangents and elevations at fiftyfoot intervals.
(3)
All vertical and horizontal curve data, including length, elevations and minimum sight distance as required by Article X, Design Standards.
(4)
A plan view shall appear on each profile sheet.
Sanitary sewer and storm drain profiles. (1)
Profile of existing ground surface with elevations at top of manholes or inlets.
(2)
Profile of storm drain or sewer showing type and size of pipe, grade, cradle, manhole and inlet locations and invert elevations along flow line.
(3)
All line-crossings of other utilities.
17563
SUBDIVISION AND LAND DEVELOPMENT
(4)
L.
M.
Invert elevations along flow line at manholes, inlets and at line-crossings of other utilities.
Details. (1)
Cross sections and specifications for street construction as required by Article XI, Required Improvements.
(2)
Drainage swale cross section and construction materials.
(3)
Pipe-bedding details.
(4)
Storm drainage structures.
(5)
Sanitary sewer structures.
(6)
Curb and sidewalk details.
(7)
Any other details that may be deemed necessary.
Supportive documents and information. (1)
All private deed restrictions already imposed or to be imposed as a condition to sale.
(2)
Agreement for any street not offered for dedication. Such agreement shall state who is responsible for the improvement and maintenance of such streets until dedicated to the township. If an association of lot owners is made responsible, such association must be legally organized prior to plan approval.
(3)
A formal contract providing for the maintenance of open space and the method of management, together with all offers of dedication and covenants governing the reservation and maintenance of undedicated open space, bearing the certificate of approval of the Township Solicitor (if applicable).
(4)
Impact analysis. The Planning Commission or Board of Supervisors may require the submission of revised impact analysis to reflect any changes in the final plan from the preliminary plan. Such revised impact analysis shall conform to the requirements of § 175-26L(7).
(5)
All signed agreements or contracts with utility companies, water companies or authorities or sewage companies or authorities for the provision of services to the subdivision. Planning modules for land development
17564
SUBDIVISION AND LAND DEVELOPMENT approved by the appropriate state or federal agencies shall also be submitted to the township.
N.
(6)
Storm drainage calculations. All calculations relating to facilities appearing on the grading and storm drainage plan and the erosion and sedimentation plan shall be submitted for review by the Township Engineer. See Chapter 163, Stormwater Management.
(7)
Legal descriptions of roadways and easements to be dedicated to the township.
(8)
Any other documents or information which the Board of Supervisors may require in order to clarify the submittal and carry out the intent of this chapter.
Architectural Drawings. (1) (2) (3) (4)
Floor plans of the proposed building(s). Colored elevations of the sides of the proposed building(s). Colored rendering of the building(s) and partial site. Additional drawings as requested by the Planning Commission to help understand the proposed building and site utilization. ARTICLE VIII Installation or Guaranty of Required Improvements
§ 175-30. Improvements to be provided by applicant. In all cases, the subdivider or land developer shall be responsible for the installation of all improvements required by this chapter. The Township Engineer or the township's designee shall make such inspections of the required improvements and at such intervals as may be reasonably necessary to ensure compliance with this chapter. The reasonable costs of such inspection shall be borne by the subdivider or land developer. § 175-31. Installation or guaranty of improvements required. Before approving any subdivision or land development plan for recording, the Board of Supervisors shall require either: A.
That the improvements required by this chapter or appearing on the plan shall have been installed in strict accordance with the standards and specifications of this chapter; or
17565
SUBDIVISION AND LAND DEVELOPMENT B.
That the township be assured by means of a proper development agreement and performance guaranty that the improvements required by this chapter or appearing on the plan will subsequently be installed.
§ 175-32. Development agreement required; terms. A.
Development agreement required. All applicants proposing any subdivision or land development which provides for the installation of improvements required by this chapter or any improvements or amenities which appear on the plan shall be required to enter into a legally binding development agreement with the township prior to final plan approval. The development agreement shall guarantee the installation of said improvements in accordance with all township requirements. The final plan shall not be signed by the Board of Supervisors prior to the execution of this agreement and the delivery of the performance guaranty.
B.
Terms of development agreement. The development agreement shall be in the manner and form approved by the Township Solicitor and it shall consist of the following terms where applicable: (1)
The construction depicted upon the approved plans in itemized format.
(2)
The construction of streets with related curbs, street signs, drainage facilities and related improvements.
(3)
The installation of utility lines.
(4)
The dedication of streets, transfer of water and sewer lines and easements.
(5)
The prevention of erosion, sedimentation and water damage to the subject and adjacent properties.
(6)
The developer's responsibilities for damage to other property.
(7)
A work schedule setting forth the beginning and ending dates and such other details as the township deems fit and appropriate for the improvements covered by the development agreement.
(8)
The estimated cost of the improvements not yet completed, including a detailed breakdown, in a form acceptable to the Board of Supervisors, and amount of the performance guaranty.
(9)
The provision of a performance guaranty for completion of required improvements which complies with § 175-33.
17566
SUBDIVISION AND LAND DEVELOPMENT (10)
The developer shall provide the township with a set of Mylar reproducible asbuilt plans prepared and certified by a professional engineer of all streets, storm and sanitary sewers and water distribution facilities.
(11)
The provisions for violation of the development agreement.
(12)
The developer shall secure or maintain public liability insurance for the duration of improvement construction. A copy of other evidence of coverage shall be submitted to the township.
(13)
A save harmless clause to protect the township from liability.
(14)
All improvements subject to the development agreement shall be approved according to the approved inspection schedule and § 175-34.
(15)
The developer shall be responsible for all reasonable engineering and legal costs and expenses for review, inspection, consultations and preparation of agreements.
(16)
Provisions for payment of such recreation fees, improvement fees or other fees which may from time to time be established by the township.
(17)
Any other lawful terms which the Board of Supervisors may require to carry out the provisions of this chapter.
§ 175-33. Performance guaranty. The performance guaranty for completion of required improvements shall meet the following requirements: A.
B.
Security. The guaranty shall be secured by the credit of any of the following: (1)
The unconditional irrevocable letter of credit of an approved federal or commonwealth chartered lending institution;
(2)
A restrictive or escrow account in such a lending institution; or
(3)
Other financial security acceptable to the Board of Supervisors.
Amount. (1)
The amount of financial security to be posted for the completion of the required improvements shall be equal to 110% of the cost of completion estimated as of 90 days following the date scheduled for completion by the developer. Annually, the municipality may adjust the amount of the financial
17567
SUBDIVISION AND LAND DEVELOPMENT security by comparing the actual cost of the improvements which have been completed, and the estimated cost for the completion of the remaining improvements as scheduled for completion or a rescheduled date of completion. Subsequent to said adjustment, the township may require the developer to post additional security in order to assure that the financial security equals said 110%. Any additional security shall be posted by the developer in accordance with this subsection. (2)
The amount of financial security required shall be based on an estimate of the cost of completion of the required improvements submitted by an applicant or developer and prepared by a professional engineer licensed as such in this commonwealth and certified by such engineer to be a fair and reasonable estimate of such costs. The municipality, upon the recommendation of the Township Engineer, may refuse to accept such estimate for good cause shown.
(3)
In the case where development is projected over a period of years, the Board of Supervisors may authorize submission of final plats by section or stages of development subject to such requirements or guaranties as to improvements in future sections or stages of development as it finds essential for the protection of any finally approved section of the development.
C.
Installation of improvements. It shall provide for and secure to the public the completion of the required improvements within two years of the date fixed on the final plan for completion of such improvements.
D.
Parties who may enforce. The obligation shall be in favor of, and enforceable by, the Board of Supervisors and the ultimate grantees, lessees or licensees of the developer.
§ 175-34. Final approval of required improvements. A.
Notice of completion. The developer shall notify the Township Board of Supervisors, with a copy thereof to the Township Engineer, by certified or registered mail, that the required improvements have been made.
B.
Inspection. (1)
The township, through the Township Engineer, shall make all inspections of the improvements to be constructed within the project as well as approvals and acceptance of the work.
(2)
The developer shall give the township at least three business days' notice before the performance of any stage of the work in order that the township may arrange for its Engineer to inspect said work.
17568
SUBDIVISION AND LAND DEVELOPMENT
(3)
The Township Engineer shall inspect each stage of the work and, in the event that the Township Engineer is of the opinion that the work is not being completed according to the provisions of the plans, agreement or the appropriate ordinances, said Township Engineer shall immediately inform the developer and his representatives on the site of the noncompliance of the improvement and shall, within three business days, report, in writing (by registered mail notice), to the developer or his representative at their last known address indicating in what respect the work is not in compliance.
(4)
In the event of the issuance of such noncompliance report, the township and the Township Engineer and the developer shall meet to resolve the objections raised by the Township Engineer as set forth in the noncompliance report within three business days of the issuance of said report.
(5)
In the event that said meeting does not resolve the objections raised by the noncompliance report, the Township Engineer and the developer's engineer shall select a third impartial engineer and said three engineers will arbitrate the matter and make a final decision within 10 business days from the date of the issuance of the noncompliance report. Either party may appeal said decision to the appropriate court. Upon the resolution of the objections raised in the report, said noncompliance report shall be marked evidencing the satisfactory resolution of the objections and any remedial steps that are to be taken by the developer.
(6)
In the absence of the above-mentioned noncompliance report being issued by the Township Engineer, all work inspected by the Township Engineer shall be presumed to have been completed in accordance with the plans and agreement after 10 business days from the date of said inspection. Provided, however, that in the event that the work so inspected has been changed, altered or damaged due to subsequent work or conditions occurring subsequent to the date of the Township Engineer's inspection, this provision shall not apply.
§ 175-35. Remedies to effect completion of improvements. A.
Enforcement. In the event that any improvements which may be required have not been installed as provided in this chapter or in accordance with the approved final plan, the Board of Supervisors is hereby granted the power to enforce any corporate bond or other security by appropriate legal and equitable remedies.
B.
Completion by township. If proceeds of such bond or other security are insufficient to pay the cost of installing or making repairs or corrections to all the improvements covered by said security, the Board of Supervisors may, at its option, install part of
17569
SUBDIVISION AND LAND DEVELOPMENT such improvements in all or part of the subdivision or land development and may institute appropriate legal or equitable action to recover the moneys necessary to complete the remainder of the improvements. C.
Proceeds for installation of improvements. All of the proceeds, whether resulting from the security or from any legal or equitable action brought against the developer, or both, shall be used solely for the installation of the improvements covered by such security and not for any other township purpose.
§ 175-36. Maintenance agreement required; terms. A.
Maintenance agreement required. All applicants proposing any subdivision or land development which provides for the dedication of improvements required by this chapter or any improvements or amenities which appear on the plan shall be required to enter into a legally binding maintenance agreement with the township before the plan is signed by the Board of Supervisors.
B.
Terms of maintenance agreement. The maintenance agreement shall be in the manner and form approved by the Township Solicitor and shall require the applicant to maintain, at his own cost, all improvements stipulated in the maintenance agreement for a period of 18 months after acceptance by the township. The maintenance agreement shall also require the applicant to make any repair or reconstruction of any improvement stipulated in the maintenance agreement which is specified by the Board of Supervisors as necessary by reason of faulty construction, workmanship or materials prior to acceptance of such improvement by the township.
§ 175-37. Maintenance guaranty. A.
Security. The guaranty shall be secured by the credit of any of the following: (1)
The unconditional, irrevocable letter of credit of a lending institution;
(2)
A restrictive or escrow account in a lending institution; or
(3)
Other financial security acceptable to the Board of Supervisors.
B.
Terms. Such maintenance guaranty shall be in the form approved by the Township Solicitor and Supervisors, payable to the township, to guarantee maintenance and repair of the streets and other improvements in the subdivision for 18 months after completion of construction and the acceptance thereof by the township.
C.
Amount. The amount of said maintenance guaranty shall be determined by the township but shall not exceed 15% of the estimated costs of all required improvements.
17570
SUBDIVISION AND LAND DEVELOPMENT D.
Release. After the expiration of 18 months from the date of formal acceptance of said improvements, the township shall release said maintenance guaranty to the subdivider or developer or party posting said maintenance guaranty if all improvements are in satisfactory condition. ARTICLE IX Recording of Final Plan
§ 175-38. Applicant's duty to record plan. A.
Deadline. The applicant shall record the final plan approved by the Board of Supervisors in the office of the Recorder of Deeds within 90 days of such final approval, unless an extension has been granted, in writing, by the Board of Supervisors.
B.
Notification. The applicant shall promptly deliver to the township a copy of the recording receipt of the final plan. The applicant shall notify the Board of Supervisors, in writing, of the date of such recording and the plan book and page reference for the plan.
C.
Failure to record. If the plan is not recorded within the required time period, the approval shall lapse and become void.
§ 175-39. Record plan. The record plan shall be a clear and legible blue or black line print on Mylar or paper and shall be an exact copy of the approved final plan on a sheet of the size required for final plans. W hen the recorded plan is submitted to the Township, an electronic copy in AutoCAD format shall also be submitted. § 175-40. Effect of recording. A.
Official Map. After a subdivision or land development has been duly recorded, the streets and other public improvements shown thereon shall be considered to be a part of the Official Map of the township.
B.
Private streets or improvements. Every street or other improvement shown on a subdivision or land development plan that is recorded, as provided herein, shall be deemed to be a private street or improvement until such time as the same has been offered for dedication to the township and accepted, by resolution, and recorded, or until it has been condemned for use as a public street or improvement.
C.
Dedication of improvements. Streets and other public improvements shown on a subdivision or land development plan to be recorded may be offered for dedication
17571
SUBDIVISION AND LAND DEVELOPMENT to the township by formal notation thereof on the plan, or the owner may note on the plan that such improvements have not been offered for dedication to the township. ARTICLE X Design Standards § 175-41. Application. A.
Evaluating plans. The design standards and requirements outlined in this article shall be the minimum requirements applied by the Planning Commission and the Board of Supervisors in evaluating plans for all proposed subdivision and land development.
B.
Modification and exceptions. Where, owing to special conditions, literal enforcement of this chapter or its accompanying regulations would result in unnecessary hardship, the Board of Supervisors may make reasonable modifications and exceptions. Proof of unnecessary hardship must be presented to the Planning Commission by the developer. The Planning Commission shall review the applicant's request and submit a written report to the Board of Supervisors. The request for an exception shall be reviewed at a public hearing of the Board of Supervisors who shall make findings of fact consistent with the Comprehensive Plan and the intent of this chapter. A written summary of any exception shall be appended to the record plan.
§ 175-42. Design standards applicable to all types of development. A.
B.
General requirements. (1)
Land shall be suited to the purpose for which it is to be subdivided.
(2)
Land subject to hazardous conditions, such as open quarries, unconsolidated fill, sinkholes, floods, excessive erosion or water supply which does not meet adequacy requirements or United States Public Health Service standards, shall not be subdivided until the hazards have been eliminated or overcome by adequate safeguards provided by the developer and approved by the Board of Supervisors.
(3)
The approval of a plan for any proposed subdivision or land development shall not constitute a representation, guaranty or warranty of any kind by the township, any official or any employee thereof of the practicability or safety of the use of such land or development and shall create no liability upon the township, its officials or its employees.
Natural and historic feature preservation.
17572
SUBDIVISION AND LAND DEVELOPMENT
C.
(1)
The Planning Commission and the Board of Supervisors may require that the design and development of subdivisions and land developments shall preserve, insofar as possible, natural, scenic and historic features, which will add attractiveness by providing parks and adequate open space for recreation, light and air by proper distribution of population, thereby creating conditions favorable to the health, safety and general welfare of the citizens and for the harmonious development of the township. Some of these features are the natural terrain and natural drainage, large trees or groves, stone rows, tree rows, hedge rows, watercourses and waterfalls, historic areas and structures, scenic views and landmarks and other community assets.
(2)
Tree removal. All trees six inches or more in diameter (measured at a height four feet above original grade) shall not be removed unless they are located within the proposed cartway, sidewalk portion of the right-of-way or driveway, within the on-site sewage system, within 20 feet of the foundation area of the new building or unless they are diseased or are excessive in number and thinning will promote and enhance the healthy development of the remaining trees. For every tree removed will be replaced at a rate of 3 to 1, each tree having a minimum 4” diameter caliper.
(3)
Bushkill Conservancy Greenway Plan shall be considered.
Soil protection. (1)
A developer shall be required to submit an erosion and sedimentation control plan prepared by a person trained and experienced in erosion and sedimentation control methods and techniques as provided for under Title 25, Rules and Regulations, Chapter 102, issued by the Department of Environmental Protection (DEP). Such plans shall be submitted to the Northampton County Soil and Water Conservation District for review. A copy of the erosion and sedimentation control plan, as approved by the Northampton County Soil and Water Conservation District, shall be submitted to the Planning Commission. The Northampton County Erosion and Sediment Control Handbook shall be used as a resource in soil protection planning and in the review of such plans.
(2)
No topsoil shall be removed from the site or used as spoil without approval of the Township Supervisors. Topsoil must be removed from the areas of construction and stored separately. Upon completion of the construction, the topsoil must be uniformly redistributed on the site. All areas of the subdivision shall be stabilized by seeding or planting. Slopes steeper than 15% shall be further protected by mulching which shall be adequately secured.
17573
SUBDIVISION AND LAND DEVELOPMENT (3)
D.
The owner of the land shall be responsible for carrying out the requirements of the erosion and sedimentation control plan during earthmoving activities.
Flood-prone areas. (1)
The developer shall locate and construct all buildings and structures to preclude flood damage in accordance with this chapter, Chapter 100, Floodplain Management, and any other applicable ordinances and laws. If the requirements of Chapter 100, Floodplain Management, are more stringent than those contained herein, those requirements of Chapter 100 shall control.
(2)
No subdivision or land development shall be approved if the proposed development, improvements or parts thereof will individually or collectively increase the one-hundred-year-flood elevation more than one foot at any point.
(3)
Building sites for structures.
(4)
(a)
Building sites for structures, regardless of whether for residential uses or nonresidential uses, shall not be permitted in any floodway area.
(b)
Building sites for structures may be permitted outside the floodway area if the structures are elevated 11/2 feet above the one-hundredyear-flood elevation. If fill is used to raise the elevation of a site, the fill area shall extend out laterally for a distance of at least 15 feet beyond the limits of the proposed structures. There shall be a 50’ setback from the 100 year flood boundary.
(c)
The Board of Supervisors may permit the subdivision and/or development of building sites for nonresidential structures outside the floodway area but at an elevation below 11/2 feet above the onehundred-year-flood elevation, if the developer otherwise protects the area to that elevation or assures that the structures will be floodproofed at least up to that elevation.
Floodproofing elevation. (a)
The finished elevation of proposed streets shall not be less than 1/2 foot above the one-hundred-year-flood elevation.
(b)
All sanitary sewer systems, water supply systems and utility systems, whether public or private, shall be floodproofed up to an elevation 11/2 feet above the one-hundred-year-flood elevation.
17574
SUBDIVISION AND LAND DEVELOPMENT (5)
(6)
E.
F.
Final plan submission. (a)
The final plan submission shall be accompanied by all required permits and related documentation from the DEP, any other commonwealth agency or any affected adjacent municipality.
(b)
Where any alteration or relocation of a stream or watercourse is proposed, documentation shall be submitted indicating that the Department of Community and Economic Development, the Department of Environmental Protection (DEP), the Federal Insurance Administrator and other federal, state and local agencies and all affected adjacent municipalities have been notified of the proposed alteration and relocation.
The Board of Supervisors may require the developer to impose appropriate deed restrictions on the land to carry out this section. Such deed restrictions shall appear on every deed and be noted on every recorded plan.
Location of site. The design of a proposed subdivision or land development shall be viewed with regard to the following: (1)
Comprehensive Plan and conceptual map requirements. The subdivision or land development must conform to any applicable provisions of a Township Comprehensive Plan which is used as the basis for zoning or other related regulations. It must also conform to the township conceptual road plan and conceptual recreation path plan as adopted by the Township Board of Supervisors.
(2)
Zoning. The use of land in the subdivision or land development must conform to any zoning ordinance adopted by the township.
(3)
Nearby development. A subdivision or land development and its street pattern must be coordinated with existing nearby developments or neighborhoods so that the area as a whole may be developed harmoniously.
Water supply and sewage disposal requirements. (1)
All subdivisions and land developments shall be served with an adequate water supply and sewage system (either on-lot or centralized systems) acceptable to the Pennsylvania Department of Environmental Protection (DEP).
(2)
All residential lots shall contain suitable area for primary and secondary onlot sewage disposal system or be served by an approved central sewage disposal system.
17575
SUBDIVISION AND LAND DEVELOPMENT
(3)
G.
An approved sewage permit is required for all lots, regardless of size, before development.
Centralized water and sewer systems. (1)
Centralized water system. All subdivisions and land developments shall be served with an adequate water supply, either on-lot, public or private centralized systems acceptable to the Pennsylvania Department of Environmental Protection. Subdividers and land developers shall provide connection to a centralized water system where such system is within 1/4 of a mile. Proposed centralized water systems shall meet the development procedures and requirements of Appendix C of this chapter prior to approval of any final plan relying upon such system.
(2)
Centralized sewers.
(3)
(a)
All subdivisions and land developments shall be served with an adequate sewage system, either on-lot, public or private centralized systems acceptable to the Pennsylvania Department of Environmental Protection. When existing soils are unsatisfactory for on-lot sewage, then the developer shall provide a centralized sewage disposal system. Subdividers or land developers shall provide sewer connections to a centralized sewer system if such sewer system is within 1/4 of a mile and connection is feasible. Centralized sewer systems shall comply with Appendix B.
(b)
If a county plan, regional plan, municipal plan or subdivision requirement indicates that construction of sanitary sewers will serve the site within approximately five years, then capped sewers shall be required. Centralized sewers are required for all residential lots and nonresidential developments where the Board of Supervisors determines, upon review of competent data and information, that onsite soil conditions are unsuitable for on-lot subsurface disposal systems.
(c)
Design standards, materials and specifications shall be as outlined in the current Pennsylvania Department of Environmental Protection Sewerage Manual, supplements thereto and all other requirements, either federal or state, necessary to secure the requisite permit from such agencies.
Plans and specifications for centralized water and/or sewage systems (i.e., extension of an existing or new proposed utility) shall be prepared by a registered professional engineer well-versed in the design of such systems
17576
SUBDIVISION AND LAND DEVELOPMENT and duly licensed to practice within the Commonwealth of Pennsylvania. A minimum of five complete sets of plans and specifications shall be submitted to the Planning Commission with the application for review of preliminary plans. No excavation permit shall be issued by the township until the subdivider or developer secures the necessary construction permits.
H.
(4)
All suppliers of nonmunicipality-owned water and/or sewer services shall be organized in such fashion as to fall within the jurisdiction of the Pennsylvania Public Utility Commission.
(5)
One copy of all correspondence, supporting documentation, applications for permits and certificates for operation submitted to the Department of Environmental Protection and Pennsylvania Public Utility Commission for the right to provide such services shall be forwarded to the Board of Supervisors as a part of the public record. One copy of the permit and certificate of conveyance issued by the DEP and the PUC authorizing such services shall be forwarded upon receipt to the Board of Supervisors as a part of the public record.
(6)
In the event that any such central water or central sewer system is transferred to the township or a municipal authority, the township or municipal authority shall not be obligated to accept such system by virtue of the provisions of this chapter.
On-lot water and sewer system. (1)
Where it is not necessary to connect to a centralized water or sewer system, on-lot systems shall be constructed in accordance with criteria set forth by the Pennsylvania Department of Environmental Protection.
(2)
The Township Sewage Enforcement Officer's site and soils investigation and favorable report are required prior to unconditional preliminary plan approval.
(3)
An adequate number of test pits and soil percolation tests, as determined by the Sewage Enforcement Officer, shall be undertaken to determine the general suitability of soils throughout the subdivision or land development for on-lot subsurface sewage disposal.
(4)
Wells should be located no closer than 25 feet from any existing or future street right-of-way line.
(5)
Consideration shall be given to fire protection. Storage reservoirs and a supply system may be required by the Board of Supervisors.
17577
SUBDIVISION AND LAND DEVELOPMENT I.
Stormwater drainage. Stormwater management shall be done in accordance with Chapter 163, Stormwater Management.
J.
Drainage easements. Drainage easements shall be provided as follows:
K.
(1)
Drainage easements shall be provided adjacent to street rights-of-way, streams, side property lines and rear property lines as required by the Planning Commission or Board of Supervisors. No structures shall be located within these easements (i.e., no pools, fences, decks, sheds, etc.).
(2)
Drainage easements shall be a minimum width of [also see utility easement requirements in Subsection K(8)]: (a)
Ten feet adjacent to a street right-of-way plus the width of any required pipe or other necessary improvements;
(b)
Fifteen feet when following side and rear lot lines. Such easements shall, to the fullest extent possible, either immediately adjoin or be centered on such lot lines; or
(c)
Fifty feet from the center of minor streams and 100 feet from the center of major streams.
Streets. (1)
Access to proposed subdivisions and land developments. All proposed subdivisions and land developments shall have adequate access to the public highway system.
(2)
Streets and topography. Proposed streets shall be adjusted to the contour of the land so as to produce usable lots and streets of reasonable gradient.
(3)
Street continuations. Where appropriate, proposed streets shall be extended to the boundary line of the tract being subdivided so as to eventually provide for normal circulation of traffic within the vicinity. Wherever there exists a dedicated or platted portion of a street or alley along a boundary of the tract being subdivided or developed, the remainder of said street or alley to the prescribed width shall be platted within the proposed development where this would not adversely affect the proposed subdivision or land development. Where a subdivision or land development abuts or contains an existing street of inadequate right-of-way width, additional right-of-way width shall be required in conformance with Table 9-1, Design Standards for Streets and Sidewalks [see Subsection K(7) below].
17578
SUBDIVISION AND LAND DEVELOPMENT (4)
Comprehensive Plan. The proposed development shall comply with the township's Comprehensive Plan - transportation Plan: Proposed Street Hierarchy, as adopted by resolution of the Board of Supervisors.
(5)
Intersections. (a)
The center streets shall intersect at right angles unless existing conditions dictate otherwise. In such case the intersection shall be as nearly at right angles as possible. Intersections of more than two streets at one point shall be avoided. Where streets intersect other streets, offsets shall not be created. The minimum offset or distance between center lines of parallel, or approximately parallel, streets intersecting a cross street from opposite directions shall be 150 feet f o r m i n o r and local access streets, 400 feet for collector streets and 800 feet for arterial streets. (See Figures e and f.)
(b)
At intersections of streets, the property line shall be rounded by arcs with radii of not less than 25 feet. For streets other than minor and local access streets, the property line shall be rounded by arcs with radii of not less than 30 feet. The township may require a larger radius. (See Figures g and h.)
17579
SUBDIVISION AND LAND DEVELOPMENT
(6)
Arterial and collector street frontage. Where a subdivision or land development abuts or contains an existing or proposed arterial or collector
street, the Board of Supervisors, upon review and recommendation of the Planning Commission, shall require marginal access streets, provide protection for abutting properties, reduce the number of intersections with the major street and separate local and through traffic. (See Figures i, j and k.) The required buffer strips may be provided by establishing an easement on lots or may be established separately and apart therefrom. (7)
Street right-of-way and cartway widths. Minimum street right-of-way widths and minimum pavement widths shall be as shown in Table 9-1.
17580
SUBDIVISION AND LAND DEVELOPMENT Table 9-1 DESIGN STANDARDS FOR STREET AND SIDEWALKS (ALL DIMENSIONS IN FEET UNLESS SPECIFIED) DESIGN SPECIFICATIONS
TYPE OF STREET
RIGHT-OF-WAY WIDTH
ARTERIAL
COLLECTOR
LOCAL
120'
80'
50'
CARTWAY WIDTH CARTWAY WIDTH WITH CURBS ON BOTH SIDES AND NO PARKING
AS PER TOWNSHIP CONSTRUCTION PLAN STANDARDS
CARTWAY WIDTH WITH CURBS AND ONE SIDE PARKING CARTWAY WIDTH WITH CURBS AMD TWO SIDES PARKING ACCELERATION/DECELERATION LANE WIDTH (ONE SIDE WITHOUT CURBS) MINIMUM SITE DISTANCE MINIMUM CENTERLINE RADII FOR HORIZONTAL CURVES MAXIMUM GRADE SIDEWALK WIDTH
475'
300'
200'
400' (a)
200'(a)
150'
6%
8%
10%
5
4
4
(a) LARGER RADII MAY BE REQUIRED TO BE DETERMINED BY THE TOWNSHIP ENGINEER AND/OR APPROPRIATE STATE AGENCY
(8)
(9)
Easements. Easements shall be provided adjacent to rights-of-way as indicated below. No structures shall be located within these easements (i.e., no pools, fences, decks, sheds, etc.). (a)
Drainage easements shall be provided as indicated and required by the drainage plans.
(b)
Slope easements shall be provided as indicated by the required cuts and fills.
(c)
Utility easements of a minimum of 10 feet in width shall be provided for installation of underground conduits for electric power, gas, telephone and television cable lines so that each lot or unit can be practicably served.
Curbs, gutters and/or drainage swales. Curbs and gutters and on-street parking shall be provided on only one side of a local or marginal access street. Refer to the township construction standards plan.
17581
SUBDIVISION AND LAND DEVELOPMENT (10)
Street alignment.
(11)
(a)
Whenever street lines are deflected connection shall be made by horizontal curves.
(b)
Streets shall be so laid out to provide for at least the minimum unobstructed sight distances along the center lines thereof as specified in Table 9-1. Horizontal sight distances shall be measured from a point 3.75 feet above the road surface to a point six inches above the road surface and be a minimum distance of 475 feet for arterial streets, 300 feet for collector streets and 200 feet for local streets.
(c)
Between reversed curves on arterial streets, a tangent of not less than 200 feet shall be provided on collector and local streets; such a tangent shall be not less than 100 feet. All tangents shall be measured along the street center line.
Street grades. (a)
(b)
Center-line grades shall not exceed the following grades: Type of Street
Grade
Arterial Collector Local and access
6% 8% 10%
Vertical curves shall be used at changes of grade. The length of the vertical curve shall be determined by multiplying the algebraic difference in change of percent in grade by the following factors: Arterial streets Collector streets Local and access streets
70 feet 50 feet 30 feet
(c)
The grade on any street at the approach to an intersection shall not be greater than 4% for a distance of 50 feet measured from the nearest right-of-way line of the intersecting street.
(d)
The maximum grade across the turnaround in a cul-de-sac shall not exceed 4%.
(e)
To provide for adequate drainage, the minimum grade of any street gutter shall be not less than 1%.
17582
SUBDIVISION AND LAND DEVELOPMENT
(12)
(13)
Clear sight triangle. At an intersection, triangular area shall be graded and sight obstruction shall be removed so that vision between a height of from two feet to 10 feet above the center-line grades of the intersecting streets is not obscured. Furthermore, by deed restriction, by lease restriction or by plan amendment, whichever method is applicable, vegetation shall not be planted or allowed to grow in such a manner as to obscure vision between a height of from two feet to 10 feet above the center-line grades of the intersecting streets. Such triangular area shall be determined by the intersecting street center lines and a diagonal connecting two points, one at each street center line (as shown in Figure 1 below), each of which points is: (a)
One hundred fifty feet from the intersection of such street center lines, if either street is an arterial street.
(b)
One hundred feet from the intersection of such street center lines, if either street is a collector street.
(c)
Seventy-five feet from the intersection of such street center lines, if both streets are minor or local access streets.
(d)
75’ clear sight triangle shall apply to all driveways, bike path, etc.
Cul-de-sac streets. Cul-de-sac streets shall be subject to the following regulations: (a)
To facilitate traffic flows and to promote increased fire-fighting and emergency vehicle safety and more efficient snowplowing, the township discourages the use of cul-de-sac streets; however, the township will permit the use of cul-de-sac when justified due to property shape and topography. The following shall serve as guidelines as to the number of cul-de-sac streets permitted in any single project:
17583
SUBDIVISION AND LAND DEVELOPMENT
(14)
Cul-de-sac
1 - 150 151 - 300 Each additional 150
1 2 1 additional
(b)
Cul-de-sac streets, permanently designed as such, shall not exceed 400 feet in length (see the definition of cul-de-sac, § 175-15, for method of calculating length) and shall furnish access to not more than 15 dwelling units.
(c)
Cul-de-sac streets shall terminate in a circular right-of-way with a minimum radius of 50 feet and a one-hundred-foot diameter to the outer pavement edge or curbline or the outer edge of travelway.
(d)
The circular right-of-way of the cul-de-sac shall be connected to the approach right-of-way by a right-of-way arc having a radius of not less than 30 feet.
(e)
The circular paving of the cul-de-sac shall be connected to the approach paving by an easement arc having a radius of not less than 40 feet.
(f)
That portion of a cul-de-sac street before the bulb shall have a rightof-way width of 60 feet and a cartway width of 40 feet.
(g)
If a central water supply is available, each cul-de-sac street shall be serviced by two fire hydrants, one at the entrance to the cul-de-sac street and the second at the bulb of the cul-de-sac.
(h)
A 20’ x 20’ snow removal easement with depressed curb shall be provided on all cul-de-sac.
Single-access streets. Single-access streets shall furnish access to not more than 25 dwelling units. (a)
(15)
Number of Residential Units
Single access street to have a minimum cartway of 40 feet.
Agreement. (a)
As a condition for final plan approval, the developer must enter into a legally binding agreement which shall state who is to be responsible for the improvement and maintenance of any street not offered for
17584
SUBDIVISION AND LAND DEVELOPMENT dedication. If an association be made responsible, such association must be legally organized prior to plan approval. (b)
The developer shall post sufficient security to ensure that any private road is mud-free for a period of 18 months from the date of recording of the plan. The plan shall clearly indicate which roads are private roads and note that there is no responsibility of the township for maintenance or snowplowing. The plan shall also indicate that no private road shall subsequently be offered for dedication to the township unless the road complies with the township road specifications in effect at the time the road is offered for dedication.
L.
Sidewalks. Sidewalks shall be required on both sides of the street in all developments. Sidewalks will be required to safely move pedestrian traffic through the project site. All sidewalks shall have a minimum of four feet in width, with a 3 ft. grass strip between the back of the curb and the front of the sidewalk.
M.
Recreation paths shall be required in all developments and the proposed development shall comply with the township's conceptual recreation path plan as adopted by resolution of the Board of Supervisors. Recreation paths on the side of or in the front of a property shall be of concrete (cement), minimum width shall be 8’ centered in a 20’ easement. Paths located on the front or side of lots shall be Portland cement concrete.
N.
Driveways. (1) Access. Driveways shall not be permitted to have direct access to state highways unless authorized by the Pennsylvania Department of Transportation through issuance of a highway occupancy permit. Issuance of said permits shall be required prior to final plan approval. If applicable, the developer shall secure permits from the township for any roadways, driveways or other utilities located within township road rights-of-way. (2)
Location. Future driveways which are to be constructed adjacent to a street intersection shall be indicated on the preliminary plan. The minimum distance between a driveway or point of access to a street shall be as follows: Distance Between Center Lines of Driveway and Centerline of Nearest Intersecting Road by Type of Intersecting Road Type of Subdivision or Land Development
Arterial (feet)
Collector (feet)
Local (feet)
Residential
150
100
75
Nonresidential
300
200
150
17585
SUBDIVISION AND LAND DEVELOPMENT (3)
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 and access to off-street parking. Driveways shall be a minimum of 5’ from side property line.
(4)
All driveways shall contain a reasonably straight length of at least 40 feet measured from the cartway edge of the intersecting street and extending inside the lot. If the structure setback distance is closer to the edge of the road cartway than the herein prescribed 40 feet, then that setback distance shall govern in lieu of 40 feet. The full length of this forty-foot segment shall be paved with a base of Pennsylvania 3A stone compacted to four inches and a minimum surface of 11/2 inches of ID-2A bituminous concrete wearing course.
(5)
Within the legal right-of-way of the intersecting street, or for a distance of at least 14 feet from the edge of the shoulder, whichever is greater, the driveway shall have a grade of 5% or less. The remainder of the first 40 feet of the driveway shall have a grade of 12% or less.
(6)
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%. Such off-street parking space shall be a minimum of 10 feet by 20 feet and shall be on a grade not exceeding 8%.
(7)
Driveways to single-family residences shall intersect streets at angles of no less than 60°. All other driveways shall intersect streets at right angles, where practicable, and in no case less than 75°. (The angle of intersection is the acute angle made by the intersection of the center line of the driveway with the center line of the road.)
(8)
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 a minimum of 12 feet, and shall be a minimum of eight feet at all other points within the property line. Except where the Board determines that limitations of lot size or lot configuration make it unfeasible, or for townhouse developments, adequate turnaround surface shall be provided on the property so egress to the street is in a forward direction.
(9)
A common driveway shall be of sufficient width, in the opinion of the Township Engineer, to provide safe passage of two vehicles or shall have a sufficient number of pullover areas to provide safe passage of two vehicles. Stipulations for the repair and maintenance of a common driveway shall be those as prescribed for private streets in this chapter.
17586
SUBDIVISION AND LAND DEVELOPMENT
O.
(10)
Driveway entrances into all nonresidential, single-use properties shall be no less than 20 feet in width, shall not exceed 35 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.
(11)
The edge of any driveway shall be at least 40 feet from the nearest end of the paving radius at a street intersection.
(12)
Clear sight triangles shall be provided at all driveway entrances and shall be shown on plans. Within such triangle, no object greater than 21/2 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 measured pursuant to procedures employed by the Pennsylvania Department of Transportation. Greater leg lengths may be required if warranted by specific circumstances. Whenever a portion of the line of such triangle 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.
(13)
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.
Recreation lands or recreation fees in lieu thereof. (1)
The developer shall set aside land for public dedication for recreation purposes. The location, topography and amount of land to be so set aside shall be as determined by the Board of Supervisors, provided that the amount of land so set aside shall not exceed 25% of the entire tract.
(2)
In lieu of setting aside land for recreation purposes as described in Subsection O(1), the developer may agree to pay a recreation fee subject to the following terms and conditions: (a)
Calculation of fee. [1]
In the case of a residential lot, the charge shall be pursuant to a per dwelling unit fee established by resolution of the Board of Supervisors.
[2]
In the case of a commercial or nonresidential development, the charge shall be pursuant to a charge per cubic foot of building
17587
SUBDIVISION AND LAND DEVELOPMENT volume as established by resolution of the Board of Supervisors. The total building volume shall be calculated by the Zoning Officer and shall be based upon outside dimensions of the building.
P.
(b)
These recreation fees shall be paid at the time the lot owner applies for a building permit for the lot in question. No building permit shall be issued unless the recreation fee applicable to said lot has been paid to the township.
(c)
All such recreation fees shall be deposited into a separate interestbearing account controlled by the Board of Supervisors of the township. Said recreation fees shall be used by the township for the acquisition or development of public recreation grounds and facilities.
(d)
The recreation fees described herein are to be used only for the purposes of providing park or recreation facilities accessible to the development.
Capital improvements fund fees. (1)
All development within the township imposes additional burdens upon the infrastructure of the township, including but not limited to township streets and roadways, fire protection services, police facilities, sewer facilities and emergency services. To ensure that each new subdivision and land development bears its fair share of these additional facilities a reasonable capital improvements fee shall be charged for every subdivision and land development in accordance with the following provisions.
(2)
Calculation of fee.
(3)
(a)
In the case of a residential lot the charge shall be pursuant to a per dwelling unit fee established by resolution of the Board of Supervisors.
(b)
In the case of a commercial or nonresidential development the charge shall be pursuant to a charge per cubic foot of building volume as established by resolution of the Board of Supervisors. The total building volume shall be calculated by the Zoning Officer and shall be based upon outside dimensions of the building.
These capital improvements fees shall be paid at the time the lot owner applies for a building permit for the lot in question. No building permit shall be issued unless the capital improvements fee applicable to said lot or development has been paid to the township.
17588
SUBDIVISION AND LAND DEVELOPMENT (4)
Q.
All such capital improvements fees shall be deposited into a separate account controlled by the Board of Supervisors of the township.
Carbonate geology area development. All buildings, structures, impervious surfaces and utilities shall be so situated, designed and constructed as to minimize the risk of structural damage from existing or future sinkholes and to the satisfaction of the Township Engineer and if required by the Township Engineer a professional hired under the direction of the Township Engineer and Board of Supervisors . (1)
Buildings, structures, impervious surfaces and utilities shall not be located within 100 feet of the karst features identified pursuant to § 175-26L(10)(b), unless a recognized professional with competence in the field demonstrates that a minimal risk of structural damage due to sinkholes will exist, or mitigating measures are taken to minimize the risk of structural damage. These mitigating measures shall be designed by a recognized professional with competence in the field.
(2)
Stormwater management facilities, including but not limited to detention basins, shall not be located within 100 feet of the karst features identified pursuant to § 175-26L(10)(b), unless a recognized professional with competence in the field demonstrates that a minimal risk of damage due to sinkholes will exist, or mitigating measures are taken to minimize the risk of structural damage. These mitigating measures shall be designed by a recognized professional with competence in the field.
(3)
Stormwater shall not be redirected into a sinkhole.
§ 175-43. Residential design standards. All subdivision and land developments proposed for residential use shall conform with the provisions of this section. A.
Blocks. (1)
Residential blocks shall not exceed 2,000 feet in length in subdivisions using an average lot size of one acre or larger and shall not exceed 1,000 feet in length in subdivisions having an average lot size less than one acre, unless permitted by the Board of Supervisors.
(2)
Blocks shall be of sufficient width to permit two tiers of lots except where access is limited by virtue of an adjoining arterial street or by virtue of topographic limitations, unless permitted by the Board of Supervisors.
(3)
Storm sewer facilities shall be required in any development situation where the Board of Supervisors determines that surface and drainage structures
17589
SUBDIVISION AND LAND DEVELOPMENT are inadequate to prevent excessive erosion and road or lot maintenance problems. B.
Lots. The minimum lot sizes, lot widths and yard requirements shall be as set forth in Chapter 200, Zoning, and further shall conform to the following: (1)
(2)
Residential subdivision or land development. Each lot or area plotted for residential use shall provide, inside of the required yards, a contiguous area for the location of each dwelling, containing not less than 5,000 square feet for each dwelling unit. Such area shall have an average slope not greater than 15% and shall be accessible from the existing or proposed street by means of a driveway or private access street having a maximum grade of 15%. (Also, the applicable requirements of § 175-42N shall control.) In the case of lots utilizing an on-site sewage disposal system, in addition to such area, there shall be sufficient area for the primary sewage disposal field and sufficient area for a secondary field in accordance with the Department of Environmental Protection's regulations. All lots shall front on a public street constructed in accordance with the standards of this chapter or an approved private road.
(3)
The depth-to-width ratio of a lot shall ordinarily not be greater than 3 to 1.
(4)
Side lines of lots shall abut and be at right angles to straight streets and on radial lines to curved streets. At the discretion of the Planning Commission, some variation from this rule will be permitted, but pointed or very irregular lots shall be avoided. (See Figures m, n, o and p.)
(5)
Double frontage lots shall ordinarily not be platted except as specifically provided herein. In the event that such lots are platted as provided, the lot shall be increased 20 feet in depth to provide for a planting strip along the back of the lot. (See Figure q.)
17590
SUBDIVISION AND LAND DEVELOPMENT
(6)
If the remnants of land, other than rights-of-way or buffer strips, exist after subdividing, they shall be incorporated in existing or proposed lots.
(7)
Corner residential lots shall be wider than interior lots to permit setbacks from both streets to a distance as may be required by Chapter 200, Zoning.
(8)
Flag-shaped lots. Flag shaped lots shall be allowed in minor subdivisions only and subject to the following current subsections 8(a), 8(b) and 8(c)
(9)
(a)
There shall be a maximum of one (1) flag lot per subdivision unless approved by the Board of Supervisors.
(b)
The maximum length of the driveway portion of a flag-shaped lot shall not exceed 500 feet as measured from the edge of the right-of-way of the public street. Said driveway portion (pole) shall have a minimum (property) width of 50 feet.
(c)
The minimum lot area requirements of Chapter 200, Zoning, shall be based upon the net area of a flag-shaped lot. The net area specifically excludes the area within the driveway portion (pole of flag-shaped lot).
(d)
The slope of the driveway portion shall not exceed 15%. If the slope exceeds 10%, detailed engineering design of the driveway profile shall be submitted and considered part of the subdivision plan.
All lots shall meet or exceed the following minimum lot frontage requirements: (a)
Eighty percent of required lot width.
(b)
Seventy percent of required lot width on streets with center-line radii of 150 feet to 600 feet.
(c)
Forty percent of required lot width on cul-de-sac streets or courts.
17591
SUBDIVISION AND LAND DEVELOPMENT C.
D.
Off-street parking. (1)
Every type of residential land development or subdivision shall provide the minimum number of off-street parking spaces required by Chapter 200, Zoning. Such off-street parking spaces may be in an individual garage, carport or driveway or in a common parking area outside the street right-ofway, convenient to the dwelling units to be served and shall be installed concurrently with the construction of the dwelling units.
(2)
For commercial or multifamily facilities, parking spaces for the physically handicapped shall be provided at locations readily accessible for such individuals. The minimum number of said parking spaces shall be 2% of the total number of parking spaces. The minimum width of parking spaces for the physically handicapped shall be 12 feet.
(3)
Finished surface slopes shall not exceed 4% in those areas designated for parking.
Drainage. Stormwater management and disposal facilities shall be designed and constructed as required in § 175-42I and Chapter 163, Stormwater Management.
§ 175-44. Multifamily dwelling design standards. In addition to the design standards in §§ 175-42 and 43, the following standards shall apply to multifamily dwelling subdivisions and land developments: A.
Sewage and water systems. All sewage disposal and water supply systems proposed to serve said developments shall comply with the Pennsylvania Department of Environmental Protection requirements or the requirements set forth in Appendix B and Appendix C of this chapter, whichever is more restrictive.
B.
Setback. Space between buildings shall be no less than the height of the tallest building involved.
C.
Number of units. There shall be a maximum of 12 dwelling units per building for multifamily buildings. The maximum height of these buildings shall conform to the requirements in Chapter 200, Zoning. The Pennsylvania Department of Labor and Industry certificate shall be delivered where required.
D.
Lot area sizes. Lot area requirements for multifamily dwelling developments shall conform to the requirements in Chapter 200, Zoning.
§ 175-45. Commercial and industrial design standards.
17592
SUBDIVISION AND LAND DEVELOPMENT A.
Application. All commercial and industrial subdivisions and land developments shall conform with the Schedule of Required Minimum Improvements, and applicable requirements in Chapter 200, Zoning.
B.
Size. Approval of lot or parcel size will be determined by the following factors:
C.
D.
(1)
Industrial/commercial subdivision or land development. Each lot or area plotted for industrial and/or commercial use shall provide, inside of the required yards, an area at least equal to the projected horizontal area of the proposed building, plus such additional area as is required for parking in conformance with Chapter 200, Zoning. Such area shall have an average slope not greater than 10% and shall be accessible from the existing or proposed street by means of adequately and properly designed service drives having a maximum grade of 12%. In the case of lots utilizing an onsite sewage disposal system, in addition to such area, there shall be sufficient area for the sewage disposal field and sufficient area for a replacement field, in accordance with the Department of Environmental Protection's regulations.
(2)
Requirements of Chapter 200, Zoning.
(3)
The total area shall be sufficient to provide adequate space for off-street parking and loading, landscaping and other facilities.
(4)
Whenever possible, commercial parcels should include enough land to provide for a group of commercial establishments planned, developed and operated as a unit. In no case will narrow, highway ribbon developments be approved.
(5)
Lot frontages shall meet the requirements of § 175-43B(9).
Street system. (1)
Traffic movements in and out of commercial and industrial areas should not interfere with external traffic, nor should it create hazards for adjacent residential areas.
(2)
The design of streets, service drives and pedestrian ways should provide for safe and hazard-free internal circulation.
Block layout. Block layout shall conform with due consideration of site conditions, with best possible service to customers, traffic and parking circulation and pickup and delivery services.
17593
SUBDIVISION AND LAND DEVELOPMENT ARTICLE XI Required Improvements § 175-46. Application. A.
Minimum improvements. The minimum improvements required for all subdivisions and land developments (including commercial and industrial) shall be provided by the subdivider as set forth in this article.
B.
Additional improvements. Additional or higher type improvements may be required in specific cases where, in the opinion of the Board of Supervisors, they are necessary to create conditions essential to the health, safety and general welfare of the citizens of the township and to protect the environment of the township.
C.
Modifications and exceptions. Where, owing to special conditions, a literal enforcement of this chapter or its accompanying regulations would result in unnecessary hardship, the Board of Supervisors may make reasonable modifications and exceptions. Proof of unnecessary hardship must be presented to the Planning Commission by the developer. The Planning Commission shall review the applicant's request and submit a written report to the Board of Supervisors. The request for an exception shall be reviewed at a public hearing of the Board of Supervisors who shall make findings of fact consistent with the Comprehensive Plan and the intent of this chapter. A written summary of any exception shall be appended to the record plan.
§ 175-47. Summary of required improvements. The accompanying schedule of Required Minimum Improvements in summarizes the required improvements for various types of subdivisions or land developments. The remainder of this article sets forth the construction standards for several of the required improvements. Other construction standards shall be pursuant to the township construction standards plan or as approved by the Township Engineer. § 175-48. Monuments and markers. A.
Placement. Monuments and markers shall be placed so that the center of a scored or marked point shall coincide exactly with the intersection of the lines to be marked.
B.
Monuments. (1)
Monuments shall consist of either: (a)
Concrete with a minimum size of four inches by four inches by 36 inches and shall be marked on top with a 1/4 inch round steel pin.
17594
SUBDIVISION AND LAND DEVELOPMENT
(b) (2)
C.
Such other monuments as the Township Engineer may approve.
Placement: (a)
Monuments shall be placed flush with the ground.
(b)
Monuments shall not be placed until road grading has been completed.
(c)
Monuments shall be set as follows: [1]
One at each angle of the perimeter of the property of all major subdivisions and land developments.
[2]
Two monuments shall be required for each minor subdivision. This monument shall be contiguous to the right-of-way line of a public street, the parcel being subdivided out and the remaining tract of land.
[3]
One at the beginning and end of all curves along street right-ofway lines along one side of the street.
[4]
A minimum of one at each street intersection along the street right-of-way line.
Markers. (1)
(2)
Markers shall consist of either: (a)
Solid steel rods not less than 3/4 inch in diameter nor less than 24 inches in length;
(b)
Steel pipes not less than 3/4 inch in diameter nor less than 24 inches in length; or
(c)
Such other markers as the Township Engineer may approve.
Placement: (a)
Markers normally shall be set two inches above the surrounding grade.
(b)
Markers shall be set as follows:
17595
SUBDIVISION AND LAND DEVELOPMENT
D.
[1]
At all points where lot lines intersect street right-of-way lines, except for monument locations.
[2]
At all other lot corners.
[3]
At all points where lot lines intersect curves.
[4]
At all angles in property lines of lots.
Any monuments or markers that are removed shall be replaced by a licensed land surveyor at the expense of the person removing it.
§ 175-49. Streets. A.
General. Streets shall be graded, improved and surfaced to the grades and dimensions shown on plans, profiles and cross sections submitted by the developer and approved by the Board of Supervisors.
B.
Design and construction standards. (1)
Right-of-way grading. The entire right-of-way shall be graded to the approved cross section. All trees, stumps and other material deemed unsuitable by the Township Engineer shall be removed. The excavation shall be backfilled and suitably compacted to ninety-five (95%) compaction with wheel load testing and to the satisfaction of the Township Engineer. The finished road surface, both the tangent and curve, shall be crowned away from the center line. A proper superelevation (banked curves) shall be required on arterials and collectors when the center-line curve radii are less than 1,200 feet and may be required by the Township Engineer on minor local streets when the center-line curve radii are less than 600 feet.
(2)
Grading beyond right-of-way. Where the approved profile of the center line requires excavation or earthfill to a depth exceeding six inches, the subdivider or developer may be required to grade beyond the right-of-way line in order to provide continuous slope from the right-of-way line to the proposed elevation of the abutting property. Such grading beyond the rightof-way shall maintain the original conditions of slope and contours except where stormwater runoff designs dictate or warrant improvement or alteration of the original slope and contours. Approved plans, either preliminary or final, showing proposed grading, shall be a covenant running with the land, unless altered by written permission from the Board of Supervisors in conjunction with the Northampton County Conservation District. In areas of earth excavation or earthfill, such grading shall be done to a maximum slope of one foot vertical to two feet horizontal or as required by the County
17596
SUBDIVISION AND LAND DEVELOPMENT Conservation District. In areas of rock excavation, such grading shall be done to a maximum slope of four feet vertical to one foot horizontal. (3)
Trench excavation. All trenches excavated within the cartway of a public street or right-of-way shall be backfilled with modified stone and shall be compacted ninety-five (95%) compaction with wheel load testing.
(4)
Drainage. (a)
Parallel and cross drainage facilities shall be properly located, designed and installed to maintain proper drainage of the completed streets. Drainage facilities shall be designed in accordance with requirements of Chapter 163, Stormwater Management. Proper design and construction in accordance with those requirements may require the use of curb and gutter or paved drainage swales to prevent erosion. The minimum diameter of any cross drainage or culvert pipe shall be 15 inches.
(b)
Polymer-coated corrugated metal pipe and reinforced concrete pipe are accepted pipe materials.
(c)
Open pipe ends must be fitted with concrete end walls, wing walls or other approved method. The upstream ends of pipes shall be fitted with a removable bar screen consisting of 3/4 inch steel rods spaced six inches on center.
(d)
No open pipes shall be allowed to end within the township road rightof-way, except in cases where new driveways must cross existing deep roadside swales adjacent to existing township roads. In the case of these exemptions to the standard, the pipe shall be located as far off the edge of pavement as possible (at least 20 feet from the road center line).
(e)
Energy dissipaters shall be placed at the outlets of all pipes where flow velocities exceed maximum permitted channel velocities.
(f)
Bridges and culverts shall be designed to support expected loads, carry expected flows and be constructed to the full width of the rightof-way in accordance with the Pennsylvania Department of Transportation Construction Standards. Separate design plans and specifications shall be required for each bridge and culvert which plans and specifications shall be subject to review and approval of the Township Engineer.
17597
SUBDIVISION AND LAND DEVELOPMENT
(5)
(g)
Consideration shall be given for subgrade drainage of those soils subject to frost heave. Design of the roadbed in such locations may require parallel drainage facilities and/or underdrains to properly stabilize the subgrade. The Board of Supervisors may require that such drainage facilities be provided. The design of such subgrade drainage facilities shall be subject to the review and approval of the Township Engineer.
(h)
Basic construction criteria. Construction of stormwater management and erosion control facilities shall be in accordance with the approved plans and accompanying specifications, if any. The construction details and standards of the following publications in their most recent revision shall be acceptable: [1]
Erosion and Sedimentation Control Handbook of Northampton County.
[2]
PennDOT, Form 408, Specifications.
[3]
PennDOT, RC Series, Roadway Construction Standards.
[4]
Township Subdivision and Land Development Regulations.
[5]
Township Construction Standard.
(i)
Construction. A set of approved design plans shall be maintained on file at the site during construction as record drawings.
(j)
Observations of construction shall be the responsibility of the township or their designated representative and shall be conducted to certify compliance with this chapter. The review and comments of the Northampton County Conservation District shall be followed during completion and implementation of the storm drainage and grading plan.
Subgrade. (a)
The design and construction of the roadbed shall take cognizance of the supporting capacities of the subgrade, with particular attention to those soils which are subject to frost heave. Unsuitable soils shall be removed and replaced, drained or otherwise stabilized to provide adequate support for the roadbed and anticipated loads.
17598
SUBDIVISION AND LAND DEVELOPMENT (b)
If the subdivider can prove to the satisfaction of the Township Engineer that natural subbase material has adequate bearing capacity and is well drained, the subbase required below may be omitted.
(c)
The subgrade shall be tested for proper stability, by the developer, by test-driving a dump truck fully loaded with crushed aggregate or gravel over the entire subgrade such that the Township Engineer may witness the reaction of the subgrade, or by any other method chosen by the Township Engineer.
(6)
Subbase, base and surface course. Road construction requirements shall follow the township construction standards plan.
(7)
All materials, construction procedures and other specifications shall be in conformance with the latest edition of the Pennsylvania Department of Transportation Manual Form 408 and the Forks Township Construction Standards.
(8)
Alternative designs. Alternative roadbed designs may be prepared and will be considered. The alternate design must provide load capabilities equivalent to or higher than the capabilities of the required designs set forth. Alternate designs will be reviewed on the basis of design recommendations of the Asphalt Institute or the American Concrete Institute and be subject to the approval of the Board of Supervisors and Township Engineer.
(9)
Cross section. Refer to the township construction standards plan.
(10)
Bridges and stream crossings. Bridges and other stream crossing structures which are part of the proposed street system shall be designed and constructed in accordance with current PennDOT standards and specifications. Evidence of compliance with and approval of the Division of Dams and Encroachments and the Pennsylvania Department of Environmental Protection shall be provided by the developer, if applicable.
§ 175-50. Curbs and gutters. Minimum curb construction standards are as follows: A.
Battered curbs of Portland cement concrete shall be constructed pursuant to the provisions of the township construction standards plan.
B.
Expansion and contraction joints shall be provided pursuant to the provisions of the latest edition of PennDOT Publication 408.
17599
SUBDIVISION AND LAND DEVELOPMENT C.
Gutter requirements shall be in conformance with good engineering practice and subject to the approval of the Engineer.
D.
Portland cement concrete used in the construction of curbs and gutters shall meet the minimum 3,000 pounds per square inch twenty-eight-day strength test according to the American Society of State Highway Officials (ASTM) Standards.
§ 175-51. Driveway entrances. A.
Adequate provisions to maintain uninterrupted parallel drainage along a public street at the point of driveway entry shall be made.
B.
Prior to final plan approval the applicant shall submit copies of PennDOT permits for roadways, driveways and any other appurtenances proposed within state rights-ofway if applicable.
C.
Prior to preliminary plan approval the applicant shall secure township road opening permits (if applicable) for roadways, driveways and any other appurtenances proposed within township rights-of-way.
§ 175-52. Sidewalks. A.
Location. Sidewalks shall be located within the street right-of-way on both sides of the street and shall be constructed pursuant to the provisions of the township construction standards plan.
B.
Width. Sidewalks in single-family residential subdivisions or in multifamily mobile home parks and nonresidential subdivisions or land developments and street crosswalks shall have a minimum width as indicated on the township construction standards plan.
C.
Required construction. Sidewalks and crosswalks shall be Portland cement concrete of a minimum thickness as indicated on the township construction standards plan drawing and shall have a base of crushed aggregate.
§ 175-53. Street signs. The developer shall provide the subdivision or land development with adequate street signs at the intersections of all streets and with any other signs required by the Board of Supervisors. Sign style, color and lettering shall be subject to the approval of the Board of Supervisors and shall match township standards. Wooden poles are not acceptable. § 175-54. Streetlighting.
17600
SUBDIVISION AND LAND DEVELOPMENT Streetlights shall be required to provide safe traffic circulation. Such lights shall meet design standards indicated on the township construction standards plan. Wooden poles are not acceptable. Streetlights shall be located as follows: A.
One streetlight at each intersection of streets.
B.
One streetlight at each cul-de-sac.
C.
At intermediate locations such that the spacing of streetlights does not exceed 500 feet.
§ 175-55. Traffic signals and signs. Traffic signals and signs may be required when the Board of Supervisors, after review and recommendation of the Planning Commission, Township Police Chief, Township Fire Chief and Superintendent of Public Works, deems them necessary to provide safe traffic circulation. Such traffic signals and signs shall meet current design standards as established by the Pennsylvania Department of Transportation. § 175-56. Landscaping. A.
Street trees. The developer shall plant shade trees meeting the following specifications within all rights-of-way of streets for land developments and major subdivisions or, if deemed appropriate by the subdivider or developer and approved by the Board of Supervisors, with a ten-foot planting strip adjacent to all street rights-of-way. Where this latter condition exists, a covenant running with the land shall so stipulate and the responsibility for maintenance and replacement shall be borne by the owner of record. (Street trees shall not be required where existing trees meet the following requirements.) (1)
Type of trees permitted. Trees shall be of nursery stock quality of a species approved by the township and grown under the same climatic conditions as the location of the development. Site locations, land use, topography, natural and historical features shall be considered by the subdivider in selecting species. Trees within street rights-of-way shall be a deciduous hardwood type, nonsusceptible to vehicular and other air pollutants.
(2)
Street trees shall be chosen from the following list of approved street trees: (a)
Medium trees (from 30 feet to 40 feet in height). Acer platanoides - "Crimson King" - Crimson King Red Maple Tilia cordata - Little Leaf European Linden Fraxinus velutina bra - Modesta Ash Ulmus Carpinifolia Buisman - Buisman Elm
17601
SUBDIVISION AND LAND DEVELOPMENT Sorbus aucuparia - Mountain Ash (b)
Large trees (over 40 feet in height). Ginko biloba Fastigiata - Maiden Hair Tree - (male only) Acer Saccharum - Sugar Maple Fraxinus pennsylvania - Green Ash Liquidambar styraciflue - Sweet Gum Quercus phellos - Willow Oak Fraxinus americana - White Ash Quercus palustris - Pin Oak Quercus borealis - Red Oak Quercus coccinea - Scarlet Oak Sophora japonica - Chinese Scholar Tree Quercus macrocarpa - Bur Oak Liriodendron tulipifera - Tulip Poplar Gleditsia triacanthos - Thornless Locust Acer rubrum - American Red Maple Quercus alba - White Oak NOTE: Other varieties of trees will be considered if the applicant can demonstrate that they will be hardy in this area and nuisance free.
(3)
Quality of trees. Trees allowed shall be of symmetrical growth, free of insect pests and disease and durable under the maintenance contemplated. Trees which have died, have become diseased or pest-ridden within 24 months from the time of roadway dedication shall be replaced by the developer.
(4)
Size of trees permitted. The trunk diameter measured at a height of six (6) inches above the finished grade level shall be a minimum of two at two and one-half inches (2 to 21/2 inches). Depending on good planting practice with reference to the particular species to be planted, the township, if applicable, may modify the size requirements of trees.
(5)
Location. In all subdivisions and land developments, trees shall be planted along both sides of the street right-of-way at a maximum interval of 100 feet. The location of shade trees will be subject to the approval of the Board of Supervisors. If applicable, trees may be planted between the sidewalk and building line at least three feet from the sidewalk or centered between the curb and sidewalk, provided that the planting strip is a minimum of five feet in width.
(6)
Planting. Besides conforming to all parts of this section, all planting shall be done in conformance with standards of the American Association of Nurserymen and any additional standards established by the township.
17602
SUBDIVISION AND LAND DEVELOPMENT
(7)
Removal. After the street trees have become township property, they shall not be removed without approval of the Board of Supervisors.
B.
Ground cover requirements. Exposed ground surface in all parts of the subdivision shall be paved or covered with stone screenings or other solid material, or protected with a vegetative growth that is capable of preventing soil erosion and the emanation of dust during dry weather. The vegetative cover shall not be poisonous in nature.
C.
Final grading of lots. Lots shall be graded to desirable contours pursuant to recommendations of the County Conservation District publications. Specifically, steep slopes shall be avoided insofar as is practical, such that high stormwater runoff velocities are kept to a minimum.
§ 175-57. Storm sewer, sanitary sewer and centralized water supply facilities. A.
Sanitary sewers shall be installed to adequately serve all lots with connections to any public or private central system which might exist and shall be subject to inspection by the Engineer and approval by the Board of Supervisors. See § 17542G(2) and Appendix B.
B.
Where the developer provides the subdivision with a centralized water supply system, it shall be subject to inspection by the Engineer and approval by the Board of Supervisors. See § 175-42G(1) and Appendix C. (1)
C.
Fire hydrants and/or building connections (5” storz) shall be provided pursuant to national code requirements and review by the Forks Township Fire Chief.
An adequate storm sewer system consisting of inlets and other underground drainage structures with approved outlets shall be constructed where the runoff of stormwater and the prevention of erosion cannot be accomplished satisfactorily by surface drainage facilities. Outlets shall be approved by the owners of the adjacent properties, by the Township Engineer and by the Board of Supervisors. See Chapter 163, Stormwater Management.
§ 175-58. Electric, gas, telephone and cable access television (CATV). A.
Installation of these facilities shall follow requirements of the appropriate utility companies and their particular national, state and local code requirements. All utilities shall be installed underground.
B.
The Plans shall include a plan note which provides as follows:
17603
SUBDIVISION AND LAND DEVELOPMENT Applicant covenants that Applicant, Applicant’s heirs, successors and assigns (1) shall not enter into an exclusive service arrangement with a cable television and/or cable communications system provider, and (2) shall permit equal access to all township approved franchisees to lay cable throughout the subdivision or land development at the time of initial utility infrastructure construction.
Minimum Improvements Required by Type of Subdivision or Land Development Type of Improvement
Single-Family Large Lots Over 87,120 Sq. Ft.
Residential Small Lots 43,560 Sq. Ft. or Under
MultiFamily
Mobile Home
Commercial
Industrial
Streets
X
X
X
X
X
X
Curbs
X
X
X
X
X
X
Sidewalks
X
X
X
X
X
X
Street Trees
X
X
X
X
X
X
Street Signs
X
X
X
X
X
X
Streetlights
X
X
X
X
X
X
NOTES: X - Indicates a requirement for that particular type of subdivision or land development. (X' wherever practical or required by PUC.) C - The Board of Supervisors may require according to individual site characteristics.
Minimum Improvements Required by Type of Subdivision or Land Development Type of Improvement
Off-Street Parking
Single-Family Large Lots Over 87,120 Sq. Ft. X
Residential Small Lots 43,560 Sq. Ft. or Under
MultiFamily
X
X
Mobile Home
X
Off-Street Loading
Commercial
Industrial
X
X
X
X
Centralized Water
b
b
b
b
b
b
Centralized Sewer
b
b
b
b
b
b
17604
SUBDIVISION AND LAND DEVELOPMENT
Storm Sewer
X
X
X
X
X
X
Underground Utilities Electric Telephone Television and Cable
X’
X’
X’
X’
X’
X’
Recreation Paths
X
X
X
X
X
X
NOTES: X - Indicates a requirement for that particular type of subdivision or land development. (X' wherever practical or required by PUC.) b = required according to the number of units and size of nonresidential development planned for the development.
§ 175-59. Recreation paths. A.
Location. The proposed development shall comply with the township's conceptual recreation path plan as adopted by resolution of the Board of Supervisors.
B.
Width. Recreation paths shall have an eight-foot paved width centered within a twenty-foot-wide right-of-way.
C.
Required construction. Recreation pathways shall be constructed according to the Township construction standards.
D.
Existing paths. The developer is encouraged to incorporate and improve upon any existing paths within the project site. If existing off-site paths abut the project site, the developer shall consider connecting his path system to the existing paths.
§ 175-60. Construction site accessways. A.
All entrances and exits to project sites adjacent to public roads or public or private lands shall be constructed in accordance with requirements of the County Soil Conservation Service. Mud and silt shall not be tracked or deposited on the adjacent public roads or private lands. If the developer deposits mud or silt upon public or private lands and fails to adequately clean the area, the township may perform the cleanup and charge the developer for said service.
B.
Work shall be performed between the hours of 6:30 AM and 7:00 PM Monday through Friday and 8:00 AM and 5:00 PM Saturday and Sunday. No work shall be performed on the following days: New Years Day, Easter Sunday, Memorial Day, July 4th, Labor Day, Thanksgiving and Christmas Day.
§ 175-61. Swales.
17605
SUBDIVISION AND LAND DEVELOPMENT
A.
Swales with properties having a cross-sectional area in excess of three square feet. Velocity in excess of four feet per second, or flow in excess of five cubic feet per second shall be lined with riprap consisting of stone of the required size, thickness and gradation. The riprap shall be separated from the soil by a layer of geotextile pursuant to PennDOT Publication 408 Sections 212, 735 and 850 and the geotextile manufacturer's recommendations. Riprap stone size, thickness and gradation shall be determined by use of the Isbosh Curve or other approved method.
B.
Other swales shall be seeded with mixtures pursuant to County Soil Conservation Service requirements. The use of low-maintenance ground covers is encouraged.
§ 175-62. Detention basin. A.
Detention basins shall be designed pursuant to the provisions of Chapter 163. Stormwater Management of the Code of Forks Township.
B.
Emergency spillways and downstream areas shall be lined with mortared riprap pursuant to requirements pertaining to mortared stone slope wall as found in PennDOT Publication 408 Section 674.
C.
Sideslopes inside and outside of the basin shall be constructed to a slope not to exceed four horizontal to one vertical.
D.
In embankment areas a ten-foot-minimum horizontal top width shall be employed.
E.
If conditions warrant, a low flow channel should be provided through the basin.
F.
Basins shall be seeded with mixtures pursuant to County Soil Conservation Service requirements. The use of low-maintenance ground covers is encouraged. Basins shall be landscaped with shrubbery and coniferous trees. A planting plan shall be submitted along with the basin design.
G.
H.
Basins shall be surrounded by a fence with suitable gates to permit maintenance access vehicles.
I.
For maintenance details refer to § 175-42.
J.
For basins without direct access to a public or proposed public street, a thirty-footwide access easement leading to such a street shall be provided.
§ 175-63. Project site vegetation. Pursuant to the provisions of Chapter 71, Brush, Grass and Weeds, the developer shall properly maintain the vegetation on his site.
17606
SUBDIVISION AND LAND DEVELOPMENT
§ 175-64. Existing underground utilities. The developer shall be responsible for locating existing underground utility facilities prior to commencement of construction activities. The Pennsylvania One Call System, Inc. (800/242-1776), will contact member utilities. Nonmember utilities shall be contacted individually. ARTICLE XII Enforcement § 175-65. Violations and penalties. A.
Any person, partnership or corporation who or which has violated, or permitted the violation of, the provisions of this chapter shall, upon being found liable therefor in a civil enforcement proceeding commenced by a municipality, pay a judgment of $500 plus all court costs, including reasonable attorney fees incurred by the township as a result thereof. No judgment shall commence or be imposed, levied or payable until the date of the determination of a violation by the District Justice. If the defendant neither pays nor timely appeals the judgment, the township may enforce the judgment pursuant to the applicable rules of civil procedure. Each day that a violation continues shall constitute a separate violation, unless the District Justice determining that there has been a violation further determines that there was a good faith basis for the person, partnership or corporation violating the chapter to have believed that there was no such violation, in which event there shall be deemed to have been only one such violation until the fifth day following the date of the determination of a violation by the District Justice and thereafter each day that a violation continues shall constitute a separate violation. All judgments, costs and reasonable attorney fees collected for the violation of this chapter shall be paid to the township.
B.
The Court of Common Pleas, upon petition, may grant an order of stay, upon cause shown, tolling the per diem fine pending a final adjudication of the violation and judgment.
C.
Nothing contained in this section shall be construed or interpreted to grant to any person or entity other than the municipality the right to commence any action for enforcement pursuant to this section.
17607
SUBDIVISION AND LAND DEVELOPMENT
APPENDIX A OWNER'S STATEMENT OF ACKNOWLEDGMENT Township of Forks, Pennsylvania We the owners of this plat of land being duly sworn according to law, depose and say we are the sole owners of this property in peaceful possession of it and that there are no suits pending affecting the title of same, hereby dedicate to the Township of Forks for public use all the road rights-of-way, utility easements and rights-of-way of public improvements such as sewer lines and storm drainage facilities as shown on this Subdivision Plan. We do further depose and say that we have complied with all requirements and provisions of the Forks Township Subdivision and Land Development Ordinance and shall save the township harmless and indemnify the Township of Forks against any liability or loss resulting from the subdivision of this plat of land for whatever reason present or future.
___________________________ Owners’ Signatures
____________________________
Sworn and subscribed before me this _____ the day of _________, 20___.
___________________________ Notary Public ________________________________________________________________ PROFESSIONAL'S STATEMENT I, _______________________, a registered Professional Land Surveyor (and/or Engineer/Landscape Architect--as appropriate) of the Commonwealth of Pennsylvania, do hereby certify that the Plan, prepared from field survey, correctly represents the proposed lots as surveyed by me for the owners and that the requirements of the Subdivision and Land Development Ordinance of Forks Township have been fully complied with. ____________________________ seal
_____________________________ Surveyor's Signature _____________________________ Surveyor's Address
17608
SUBDIVISION AND LAND DEVELOPMENT
_________________________________________________________________ APPROVAL/REVIEW SIGNATURE BLOCK
RECOMMEND FOR APPROVED: FORKS TOWNSHIP PLANNING COMMISSION
________________________ Chairperson
____________________ _______________ Secretary date
APPROVED: FORKS TOWNSHIP BOARD OF SUPERVISORS
________________________ Chairperson
____________________ _______________ Secretary date
________________________________________________________________ REVIEWED: TOWNSHIP ENGINEER
________________________ Township Engineer
_______________ date
REVIEWED: LEHIGH VALLEY PLANNING COMMISSION
____________________ ________________ Reviewer date
17609
SUBDIVISION AND LAND DEVELOPMENT
APPENDIX B CENTRALIZED SEWAGE DISPOSAL SYSTEM PROCEDURES AND REQUIREMENTS Township of Forks, Pennsylvania D-1
GENERAL. All centralized sewage disposal system designs, plans and construction shall:
D-2
a.
Be compatible with sewage feasibility studies and plans of the township.
b.
Comply with all requirements of the Department of Environmental Resources and of the township or Township Authority, whichever may be more stringent.
c.
Be approved by the appropriate agencies prior to final plan submission.
COLLECTION. All sanitary sewers and appurtenances shall be designed and constructed in accordance with regulations and requirements of the Department of Environmental Resources (as set forth in the Sewerage Manual prepared by the Bureau of Water Quality Management) and/or the township or Township Authority. In the case of relatively small community sewage systems (as defined in Chapter 73 of the Department Regulations) the applicant may submit a written request for a variance from such requirements together with justification therefor. All sanitary sewers shall be designed and constructed to provide adequate capacity for the ultimate flow of the subject development plus such additional flow as may be projected to be generated by adjacent or nearby properties within a period of 20 years. The plans shall provide that all individual lateral connections be installed to the curb or right-of-way line at the time of initial installation. a.
Existing facility. Plans for the extension of existing sanitary sewers shall be prepared by or on behalf of the utility and approved by it. Such plans shall be submitted to the Township Planning Commission and the Engineer. The utility shall also secure such approvals, permits and certificates of convenience to furnish such services from the appropriate state agencies as required.
17610
SUBDIVISION AND LAND DEVELOPMENT
b.
D-3
Proposed facility. Plans for proposed sanitary sewers shall be prepared by a registered professional engineer well versed and knowledgeable in the field. Such plans shall be submitted to the Township Planning Commission and the Engineer. The applicant shall also secure such approvals, permits and certificates of convenience as required.
COMMUNITY SEWAGE SYSTEMS. All systems utilizing subsurface disposal of sewage effluent (community sewage systems as defined by Chapter 73 of the Department of Environmental Resources Regulations) shall be designed and constructed in accordance with requirements of the aforesaid Chapter 73 and the township or Township Authority. The registered professional engineer employed by the applicant shall certify that the existing or proposed facility has adequate capacity to satisfactorily treat the total projected sewage flow.
D-4
SEWERAGE SERVICES. All systems classified as sewerage services (as defined by Chapter 73 of the Department of Environmental Resources Regulations) shall be designed and constructed in accordance with regulations and requirements set forth in the Sewerage Manual prepared by the Bureau of Water Quality Management.
D-5
a.
Existing facility. The utility shall demonstrate the adequacy of treatment capacity to serve the proposed subdivision or land development.
b.
Proposed facility. Plans for proposed treatment and discharge facilities shall be prepared by a registered professional engineer well versed and knowledgeable in the field. Such plans shall be submitted to the Township Planning Commission and the Engineer. The applicant shall also secure such approvals, permits and certificates of conveyance as required.
TOWNSHIP OFFICIAL PLAN. The applicant shall demonstrate compliance with or cause to be prepared such revisions as may be required for the Official Township Sewage Plan and Township Sewage Feasibility Study.
17611
SUBDIVISION AND LAND DEVELOPMENT
APPENDIX C CENTRAL WATER SYSTEM DEVELOPMENT PROCEDURES AND REQUIREMENTS Township of Forks, Pennsylvania E-1
CENTRAL WATER SUPPLY. A central water supply system shall meet the requirements stated herein prior to the approval of a preliminary subdivision or land development plan which proposes to use such Central Water System. a.
Existing utility.
(1)
The utility shall submit plans for extension of its present distribution system to the Forks Township Planning Commission and the Township Engineer. The utility shall also secure such permits and certificate of convenience to furnish such services from the appropriate state agencies where required by this ordinance.
(2)
The utility shall demonstrate an adequacy of supply to provide a minimum of 110 gallons per capita per day (GPCD) and/or 400 gallons per day (GPD) for each residential dwelling unit to be serviced. Service to industrial or commercial establishments shall show adequacy of supply to meet said industrial or commercial needs as established by the American Water Works Association.
b.
Proposed utility.
Any proposed new utility shall be engineered by a registered professional engineer well versed and knowledgeable in the field of water supply engineering. E-2
SANITARY SURVEY. A sanitary survey at the proposed well site shall be performed by the Department of Environmental Resources.
E-3
WELL CONSTRUCTION PROCEDURES AND REQUIREMENTS. a.
The inside diameter of the permanent casing and drill hole shall be not less than a nominal six inches and the casing shall consist of black steel pipe with a minimum wall thickness of 0.280 inch conforming to ASTM Specification A-
17612
SUBDIVISION AND LAND DEVELOPMENT
b.
53 having either screwed couplings or welded joints and equipped with a sixinch forged steel drive shoe. The well shall be constructed by the driving of a temporary nominal ten-inch diameter steel pipe to a solid rock formation and the under drilling of a nominal ten-inch diameter hole for a minimum depth of 20 feet into hard stable rock below the bottom of the ten-inch casing. The permanent six-inch diameter casing shall be concentrically set in the hole at this point and shall extend from the bottom of the hole to one foot above the present ground elevation. The annular space between the inner casing and the drilled hole and between the inner and outer casing shall be completely sealed with quick-setting cement grout. The grout shall be forced by pressure into the annular space, starting at the bottom, and the operation shall be continuous until the grout flushes out at the ground surface with the outer casing being withdrawn as grouting proceeds. The quick-setting cement grout shall be a minimum of two inches thick surrounding the permanent casing.
E-4
c.
The quick-setting grout shall be allowed to set for a minimum period of 36 hours, and no work is to be performed on the well during this period. Extreme care must be taken in all subsequent drilling of the six-inch well to avoid jarring and cracking the grout. The contractor shall supply and install a threaded-type cap for temporary sealing of the casing to prevent tampering with or the insertion of foreign objects into the well.
d.
The will must be commercially straight and true. Under no circumstances may the deviations from plumb be sufficient to interfere with the installation or proper operation of a shaft-driven turbine-type well pump.
e.
Utility company water source shall be centrally located within a dedicated open space water protection zone of minimum 43,560 square feet in area. No buildings other than utility company pumping station, standtank, etc., shall be constructed thereon. No on-lot sewage disposal system shall be constructed within 200 feet of such water source well.
DYNAMIC WATER RECOVERY RATE AND DRAW DOWN TEST. a.
Test required. (1)
Deep well water sources shall be tested to determine the dynamic recovery rate and draw-down. The time duration of said test shall encompass a continuous seventy-two-hour period minimum.
17613
SUBDIVISION AND LAND DEVELOPMENT
b.
(2)
The proposed new utility or developer shall notify the Township Engineer and the Department of Environmental Resources of the date and time said test is scheduled to start and end by registered or certified mail. Such notification must be received at least seven days prior to starting the test.
(3)
The test results shall be recorded (in triplicate) on the appropriate forms furnished by the Township Engineer and certified as to accuracy of test performance by a registered professional engineer duly licensed in the Commonwealth of Pennsylvania. Such test results shall bear the Engineer's seal and full signature.
Test procedure. The dynamic recovery rate and drawn-down test shall be conducted as follows: (1) a)
Requirement for wells situated in water bearing slate. Four test hole wells drilled to the same depth as the source well and having a minimum diameter of two inches shall be placed in each of the four quadrants at a distance of 100 feet from said source well in order to determine the area of influence and specific capacity of the source well. (See Fig. 1)
b)
A submersible water pump, capable of variable output, having sufficient capacity to exceed the dynamic recovery rate of the water source shall be employed for said test. It is recommended that the capacity of the source pump be such that drawdown to within 20 feet of the source pump be achieved in a maximum of three hours.
c)
A suitable calibrated water meter capable of measuring the water output in units of gallons or cubic feet shall be connected to the water source pump outlet.
17614
SUBDIVISION AND LAND DEVELOPMENT d)
e)
f)
The exact location of the water source pump with respect to the bottom of the well shall be recorded and maintained constant for the duration of the test. The water source pump shall be operated at maximum capacity and output for the first six hours of the test or until the water level in the source well reaches a point 20 feet above the water source pump. The elapsed time and rate of pumping shall be recorded at sixty-minute intervals on the log data sheet form supplied. Draw-down of the source well in feet shall be recorded at sixtyminute intervals as well as the water draw-down of any required peripheral test hole wells on the log data form.
(2)
Reduce the maximum rate of pumping by 10 gallons per minute (GPM) and continue pumping for the next two hours of test or until the water level reaches a point 20 feet above the water source pump. The elapsed time, rate of pumping and draw-down of the source well and, where required, the peripheral test hole wells shall be recorded on the log data forms at sixty-minute intervals.
(3)
Continue the above procedure using the two-hour time periods or the criteria of water level above the source pump until the conditions are such that the dynamic recovery rate of the water source equals the pumping rate (dynamic equilibrium). The Township Engineer may increase the increment of GPM reduction where on-site review of the data warrants such action. Note, as the dynamic recovery rate is approached, the increment of GPM reduction where on-site review of the data warrants such action. Note, as the dynamic recovery rate is approached, the increment of GPM reduction will need to be reduced from 10 GPM to 8 GPM to 5 GPM -to n GPM --O. At this point, no detectable change in draw-down will occur. If any change in drawdown is detected, either plus or minus, dynamic equilibrium has not been achieved.
(4)
When said dynamic recovery rate is reached, record elapsed time, pumping rate and draw-down on log data sheet and continue pumping at this rate for the remainder of the seventy-two-hour test time or a minimum of 24 hours, whichever is the greater time. Elapsed time, pumping rate and draw-down of the source well and, where required, the peripheral test wells shall be recorded hourly.
(5)
Measurements of static water level recovery shall be made on the source well and peripheral test hole wells where required on an hourly
17615
SUBDIVISION AND LAND DEVELOPMENT basis and the data recorded for a minimum time period of 24 hours upon cessation of the dynamic recovery rate test.
E-5
(6)
Calculations of specific capacity and safe daily yield of the source well shall be submitted to the Township Engineer and appropriate state agency by the registered professional engineer employed by the utility or developer for review and analysis.
(7)
Where peripheral test hole wells were required for determining specific capacity of the source well aquifer, such test hole wells shall be abandoned by filling with sand to the level 20 feet into bedrock and filling the remaining distance to the surface with a quick setting grout.
WATER DISTRIBUTION SYSTEM REQUIREMENTS. a.
Water mains. (1)
Water mains shall be minimum eight inches inside diameter.
(2)
Gate valves shall be installed at all street intersections. Spacing between gate valves shall not exceed 1,200 feet.
(3)
Acceptable materials. a)
Cast iron pipe, cement lined.
b)
Ductile iron pipe, cement lined.
c)
Steep pipe.
d)
Reinforced concrete pipe (for mains greater or equal to 12 inches in diameter).
e)
Other suitable materials approved by the Township Engineer having inherent properties of noncorrosiveness, mechanical strength under pressure or vacuum and nonsusceptibility to pitting or formation of tubercles. Note: Wall thickness of all distribution pipe materials shall be capable of withstanding a pressure test of 250 pounds per square inch (PSI) without rupture.
b.
Customer connections.
17616
SUBDIVISION AND LAND DEVELOPMENT
c.
(1)
All service connections from the main to the customer shall be minimum of three-fourths-inch inside diameter (ID).
(2)
Customer service connections shall be one of the approved materials for mains. Heavy wall copper may be used for service connections where soils are not permeated or subject to acidic ground drainage waters.
(3)
A curb stop shall be furnished for each customer service connection.
(4)
Water supply pressure shall be minimum 40 PSI at the customer's meter.
(5)
Cross connections. A cross connection is any physical connection, direct or indirect, which provides a potential opportunity for nonpotable water to enter a conduit, pipe or receptacle containing potable water. Such cross connections are prohibited.
Leakage test. (1)
Extension of existing utilities or proposed utilities distribution system shall meet requirement stated herein. No installation shall be approved until the leakage is less than the number of gallons per hour as determined by the formula: L
=
ND 3700 √P
where: L = allowable leakage in gallons per hour N = number of joints in the length of pipe tested D = nominal diameter of the pipe in inches P = the average test pressure during test (2)
E6
Leakage tests are conducted by measuring, through a calibrated meter, the amount of water which enters the test section under normal working pressures for a period of at least two hours.
WATER SERVICE AREA REQUIREMENT: DRILLED WELL SOURCE. a.
The dynamic recovery rate in GPM establishes the criteria for adequacy of the water source based on 110 GPCD or 400 gallons per dwelling unit per day. 17617
SUBDIVISION AND LAND DEVELOPMENT
E-7
b.
The minimum number of residential dwelling units that may be serviced by a utility within any service area shall be 50.
c.
If the dynamic recovery rate is insufficient to meet the adequacy of supply requirements for the service area under consideration, additional drilled well water sources must be developed. Such additional sources shall be located in geologically separate aquifers. When the utility intends to employ more than one well in a single aquifer, a dynamic recovery rate and draw-down test shall be conducted on each well simultaneously to determine the adequacy of supply of such aquifer. In addition, such test shall encompass a continuous test time period of 120 hours minimum.
DISTRIBUTION, STORAGE AND MAINTENANCE REQUIREMENTS. a.
Utilities serving 50 or more, but less than 100 customers, shall maintain a minimum distribution storage capability of 100% of the maximum twenty-fourhour demand and one complete set of standby replacement pumps.
b.
Utilities serving greater than 100 but less than 200 customers shall maintain a minimum distribution storage capacity of 100% of the maximum twentyfour-hour demand, a complete set of standby replacement pumps and an auxiliary power generating source. A single fire hydrant connected by an eight-inch cast iron main directly to the storage facilities shall also be provided. Such hydrant shall meet local fire company requirements for size and hose connections.
c.
Utilities servicing greater than 200 customers shall provide elevated storage facilities of sufficient capacity to meet Insurance Services Office requirements for fire protection, fire hydrants and design requirements of the American Water Works Association. Said fire hydrants shall meet local fire company requirements for size and hose connections.
d.
All utilities are required to furnish the municipality with an accurate comprehensive map showing exact location of the utilities distribution system. Additions or changes within said system shall be duly noted thereon, and the utility shall furnish updates of said comprehensive map within 30 days of the completion of such additions or changes.
e.
The Insurance Service Office requirements for low- or medium-value residential and commercial areas are indicated in the table below, subject to changes by the Insurance Services Office:
17618
SUBDIVISION AND LAND DEVELOPMENT
Zone
E-8
Rated Time Capacity GPM
Residual Duration (hours)
Residential 500 4 Commercial 1,000 6 NON-MUNICIPAL OWNED PUBLIC UTILITIES.
Pressure At Rated Capacity 20 PSI 20 PSI
All utilities furnishing the public with water service shall be organized in such fashion as to fall within the jurisdiction of the Pennsylvania Public Utilities Commission.
17619
SUBDIVISION AND LAND DEVELOPMENT
17620
SUBDIVISION AND LAND DEVELOPMENT
17621
SUBDIVISION AND LAND DEVELOPMENT APPLICATION FOR REVIEW OF SKETCH PLAN Township of Forks To: Designated Municipal Official Application is hereby made for the review of a Sketch Plan of a proposed development of land hereinafter more particularly described. Proposed Project Name: ____________________________________________________ 1. Applicant's Name: ____________________________________________________ Address ___________________________________________________________ __________________________________ Phone ___________________ 2.
Name and address of present owner (if other than #1 above). Name: _____________________________________________________________ Address: ___________________________________________________________
3.
Interest of Applicant if other than owner ___________________________________
4.
Location of Project ___________________________________________________ (street) _____________________________ __________________________________ (tax map block) (lot nos.)
5.
Number of proposed lots or units ________________________________________
6.
Area of entire tract __________________________________________________ , and portion being developed __________________________________________
7.
Name and address of person preparing Sketch Plan. Name:_____________________________________________________________ Address:
_______________________________ Phone __________________
Signature of Applicant ______________________________________________________ Received by Designated Municipal Official
Date: _____________________________ Signature: __________________________
17622
SUBDIVISION AND LAND DEVELOPMENT APPLICATION FOR REVIEW OF PRELIMINARY AND MINOR SUBDIVISION PLANS Township of Forks To:
Designated Municipal Official
Application is hereby made for tentative approval of the Preliminary Plan of a project hereinafter more particularly described. Project Name: ____________________________________________________________ 1.
Applicant's Name: ___________________________________________________ Address: ___________________________________________________________ ________________________________ Phone _____________________
2.
Name and address of present owner (if other than #1 above). Name: _____________________________________________________________ Address: ___________________________________________________________
3.
Interest of Applicant if other than owner: __________________________________
4.
Location of Project: __________________________________________________ (street) ________________________________ _____________________________ (tax map block) (lot nos.)
5.
Number of proposed lots or units: _______________________________________
6.
Area of entire tract: __________________________________________________, and portion being developed: ___________________________________________
7.
Deed restrictions that apply or are contemplated. (If no restrictions, state "None". If "Yes" attach copy). ______________
8.
Name and address of person preparing Preliminary Plan. Name: _____________________________________________________________ Address: ___________________________________________________________ __________________________________ Phone ___________________
Signature of Applicant: _____________________________________________________ Received by Designated Municipal Official Date: _________________________________ Signature: __________________________________
17623
SUBDIVISION AND LAND DEVELOPMENT
17624
SUBDIVISION AND LAND DEVELOPMENT APPLICATION FOR REVIEW OF FINAL PLANS Township of Forks To:
Designated Municipal Official
Application is hereby made for final approval of a Final Plan as shown and described on the accompanying maps and documents. Project Name: ____________________________________________________________ 1.
Applicant's Name:____________________________________________________ Address: ___________________________________________________________ Phone: ____________________________________________________________
2.
Name and address of present owner (if other than #1 above). Name: _____________________________________________________________ Address: ___________________________________________________________
3.
Date of approval of Preliminary Plan: _____________________________________
4.
Does the Final Plan follow exactly the Preliminary Plan in regard to details and area covered?: ____ If not, indicate material changes: ___________________________
5.
Number of lots or units proposed for Final Approval: _________________________
6.
List of Maps and other material accompanying application and number of each. Item
Number
a. b. c. d. e. f. g. 7.
Name and address of person preparing Final Plan Name: _____________________________________________________________ Address: _________________________________ Phone: ___________________
Signature of Applicant: _____________________________________________________ Received by Designated Municipal Official
Date: __________________ Signature: __________________________
17625
SUBDIVISION AND LAND DEVELOPMENT FORKS TOWNSHIP SUBDIVISION & LAND DEVELOPMENT ORDINANCE ARTICLE 3 SKETCH PLAN CHECKLIST PROJECT_________________________________ DATE_____________________________________
3.2 3.2b
Submission (1) _______________
3.3
Plan Requirements a. ________ b. ________ (1) ________ (2) ________ (3) ________ (4) ________ c. __________Location Map d. General Information (1) ________ (2) ________ (3) ________ (4) ________ (5) ________ e. Location of Natural Features (1) ________ (2) ________ (3) ________ (4) ________ (5) ________ (6) ________
f. Location of Existing Man Made Features (1) ________ (2) ________ (3) ________ (4) ________ (5) ________ g. Zoning Requirements (1) ________ (2) ________ (3) ________ h. Proposed Layout (1) ________ (2) ________ (3) ________ (4) ________ (5) ________ (6) ________ (7) ________ i. Supportive Documents (1) ________ j. Architectural Drawings (1) ________ (2) ________ (3) ________ (4) ________
THIS IS PART OF YOUR SKETCH PLAN SUBMISSION. MAKE SURE ALL ITEMS ARE COMPLETED. Other Comments: _________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________
17626
SUBDIVISION AND LAND DEVELOPMENT FORKS TOWNSHIP SUBDIVISION & LAND DEVELOPMENT ORDINANCE ARTICLE 4 MINOR SUBDIVISION CHECKLIST PROJECT ______________________________ DATE __________________________________ 6.2c Submission _______ 2 Applic. ________15 Sup. Doc. _______ 2 Checklist _______ 15 Plans
4.3e -- Existing Features (1)_________ (4)_________ (2)_________ (5)_________ (3)_________ (6)_________
4.3a
4.3f
Zoning Requirements (1)_________ (3)_________ (2)_________ (4)_________
4.3g
Proposed Layout (1)_________ (6)_________ (2)_________ (7)_________ (3)_________ (8)_________ (4)_________ (9)_________ (5)_________ (10) ________
4.3h
Additional Info. ____________________________
4.3i
Covenants (1)_________ (2)_________
4.3j
Supportive Doc. (1)_________ (2)_________
4.3b
4.3c
4.3d
Drafting Standards (1)_________ (5)_________ (2)_________ (6)_________ (3)_________ (7)_________ (4)_________ (8)_________ General Information (1)_________ (7)_________ (2)_________ (8)_________ (3)_________ (9)_________ (4)_________ (10) ________ (5)_________ (11) ________ (6)_________ (12) ________ Natural Features (1) (a) _______ (b) _______ (2) ____________ (3) ____________ (4) ____________ (5) ____________ (6) ____________
COMMENTS ______________________ _________________________________ _________________________________
Boundary Line (1) (a) _______ (b) _______ (c) _______ (2) ____________
THIS IS PART OF YOUR SUBMISSION
17627
SUBDIVISION AND LAND DEVELOPMENT
17628
SUBDIVISION AND LAND DEVELOPMENT FORKS TOWNSHIP SUBDIVISION & LAND DEVELOPMENT ORDINANCE ARTICLE 5 PRELIMINARY PLAN CHECKLIST PROJECT __________________________ DATE ______________________________
6.2c
Submission _______2 Applic. ________ 15 Sup.
(2)
Doc. _______2 Checklist _______15 Plans (3) 5.3a
Plans Required (1) Layout Plan______ (2) Grading & Drainage _____ (3) Utility Plan ______ (4) Erosion & Sedimentation____ (5) Road Profiles ________ (6) Sanitary Sewer Profiles_____ (7) Storm Sewer Profiles______ (8) Construction Details _______
5.3b
Drafting Standards (1) ________ (5) _______ (2) ________ (6) _______ (3) ________ (7) _______ (4) ________ (8) _______
5.3c
General Information (1) Preliminary Plan ____ (2) ________ (3) ________ (4) ________ (5) ________ (6) ________
5.3d
(4)
5.3e
Information Required (1) General Information (a)______ (d) ______ (b)______ (c)______
17629
Natural Features (a)______ (b)______ (c)______ (d)______ Existing Features (a)______ (b)______ (c)______ (d)______ (e)______ (f)______ Proposed Features (a)______ (b)______ (c)______ (d)______ (e)______ (f)______ (g)______ (h)______ (i)______ (j)______
Layout Plan Information (1) Names and addresses (a)______ (b)______ (c)______ (d)______ (2) Owner's Statement (a)______ (b)______
SUBDIVISION AND LAND DEVELOPMENT (3)
(4)
(5)
5.3f
Signature Blocks (a)______ (b)______ (c)______ (d)______ (e)______ (f)______ Project Summary (a)______ (b)______ (c)______ (d)______ (e)______ (f)______ (g)______ (h)______ (i)______ (j)______ (k)______ (l)______ (m)______ (n)______ Proposed Features (a)______ (b)______ (c)______
Grading and Drainage Plan (1)______ (2)______ (3)______ (a)______ (b)______ (c)______ (d)______ (e)______ (f)______ (g)______ (h)______
5.3g
Utility Plan (1) On-Lot Sewage Disposal (a)______ (b)______ (c)______ (d)______ (e)______ (f)______ (g)______ (2) Central Sewage Disposal (a)______ (b)______ (c)______ (d)______ (e)______ (f)______ (g)______ (3) Central Water Supply (a)______ (b)______ (c)______ (4) Street Lighting _____
5.3h
Erosion and Sedimentation Plan (1)______ (2)______
5.3i
Road Profiles (1)______ (2)______ (3)______ (4)______
5.3j
Sanitary Sewer and Storm Drain
(1)______ (2)______ (3)______ (4)______
17630
SUBDIVISION AND LAND DEVELOPMENT
17631
SUBDIVISION AND LAND DEVELOPMENT 5.3k
Details (1)______ (2)______ (3)______ (4)______ (5)______ (6)______
5.3l
Supportive Documents (1)______ (2)______ (3) Central Water Supply (a)______ (b) Private (i)________ (ii)_______ (iii)_______ (iv)_______ (4) Central Sewage (a) Public (i)________ (ii)_______ (iii)_______ (iv)_______ (b) Private (i)________ (ii)_______ (iii)_______ (iv)_______ (v)________
(5)
On-Lot Sewage (a)______ (b)______ (6) Improvement List____ (7) Impact Analysis (a)______ (b)______ (8) Drainage Design______ (9) Utility Commitment___ (10) Sinkhole Occurrence (a)______ (b)______ (c)______ (d)______ (e)______ 5.3m Architectural Drawings (1)_______ (2)_______ (3)_______ (4)_______
17632
SUBDIVISION AND LAND DEVELOPMENT
17633
SUBDIVISION AND LAND DEVELOPMENT FORKS TOWNSHIP SUBDIVISION & LAND DEVELOPMENT ORDINANCE ARTICLE 6 FINAL PLAN CHECKLIST PROJECT _______________________ DATE ___________________________ 6.2c
Submission ______2 Applic. ______ 15 Sup. Doc. ______2 Checklist ______15 Plans
6.3d
6.3a
Plans Required (1) Layout Plan______ (2) Grading & Drainage______ (3) Utility Plan______ (4) Erosion & Sedimentation______ (5) Road Profiles______ (6) Sanitary Sewer Profiles______ (7) Storm Sewer Profiles______ (8) Construction Details______
6.3b
Drafting Standards (1)______ (5)______ (2)______ (6)______ (3)______ (7)______ (4)______ (8)______
6.3c
General Information (1) Final Plan______ (2) _______ (3) _______ (4) _______ (5) _______ (6) _______ (7) _______
17634
Information Required (1) General Information (a)______ (b)______ (c)______ (2) Natural Features (a)______ (b)______ (c)______ (d)______ (3) Existing Features (a)______ (b)______ (c)______ (d)______ (e)______ (f)______ (4) Proposed Features (a)______ (b)______ (c)______ (d)______ (e)_____ (f)______ (g)______ (h)______ (i)______ (j)______ (k)______ (5) Protective Comments (a)______ (b)______ (c)______ (d)______ (e)______ (f)______
SUBDIVISION AND LAND DEVELOPMENT 6.3e
Layout Plan Information (1) Names and addresses (a)______ (b)______ (c)______ (d)______ (2) Owner's Statement (a)______ (b)______ (3)
(4) (5)
(6)
6.3f
6.3g
Grading & Drainage Plan (1) ________ (2) ________ (3) ________ (a)_____ (b)_____ (c)_____ (d)_____ (e)_____ (f)_____ (g)_____ (4) ________
6.3h
Utility Plan (on-lot) (1) (a)______ (b)______ (c)______ (d)______ (e)______ (f)______ (g)______ (central sewage) (2) (a)______ (b)______ (c)______ (d)______ (e)______ (f)______ (central water) (3) (a)______ (b)______ (c)______ (4)____________
6.3i
Erosion & Sed. Plan (1)________ (2)________
6.3j
Road Profiles (1)________ (2)________ (3)________ (4)________
Signature Blocks (a)______ (b)______ (c)______ (d)______ Location Map ________ Project Summary (a)______ (b)______ (c)______ (d)______ (e)______ (f)______ (g)______ (h)______ (i)______ (j)______ (k)______ (l)______ (m)______ (n)______ Proposed features (a)______ (d)______ (b)______ (e)______ (c)______ (f)______ (i) ______ (ii)______ (iii)______ (iv)______ (v) ______ (vi)______
Plot Plan-Addn Info (1) (a)______ (b)______ (c)______ (2) (a)______ (b)______ (c)______
17635
SUBDIVISION AND LAND DEVELOPMENT 6.3k
Sanitary & Storm Profiles (1)________ (2)________ (3)________ (4)________
6.31
Details (1)________ (2)________ (3)________ (4)________ (5)________ (6)________ (7)________
(1)________ (2)________ (3)________ (4)________ (5)________ (6)________ (7)________ (8)________ 6.3n
6.3m Supportive Documents
17636
Architectural Drawings (1)________ (2)________ (3)________ (4)________
SUBDIVISION AND LAND DEVELOPMENT
17637
