HomeMy WebLinkAboutApr 2, 2009 Amendment
FC
Franklin County Planning Commission
Administrative Annex
218 North Second Street
Chambersburg, PA 17201-1642
Phone: 717-261-3855
Fax: 717-264-8667
TDD: 717-264-8474
E-Mail planning@coJranklin.pa.us
PC
February 26, 2009
Fannett Township
Attn: Georgia O'Donnell
P.O. Box 40
Dry Run, Pa 17220
Subject: Fannett Township Subdivision Ordinance Amendment
Dear Ms. O'Donnell
The Franklin County Planning Staff has reviewed the Fannett Township Subdivision
Amendment dated February 13,2009. The Staff offers no comments on the proposed changes
If you have any questions or require further assistance please feel free to call me.
Sincerely
{21 /fj!l~
Daniel Wolfe
Franklin County Planner
JOHN M LISKO. ATTORNEY AT LAW
1 East Main Street
VVaynesboro,Pi\ 17268
(717) 765-6545
(717) 765-6724 Fax
imlisko(iV,embarqmail.com
February 13, 2009
Hand Delivered on
February 13, 2009
Franklin County Planning Commission
218 North Second Street
Chambersburg, P A 17201
Re: Fannett Township Subdivision Ordinance Amendment
Dear Sir/Madam:
Enclosed with this letter is a copy of an ordinance amending the Fannett
Township Subdivision Ordinance. The Fannett Township Board of Supervisors shall be
conducting a public hearing concerning enactment of this amendment on April 2, 2009 at
approximately 7:30 P.M. It would be greatly appreciated if your comments, if any,
would be forwarded to the Board prior to that date. The address for Fannett Township is:
Fannett Township
P.O. Box 40
Dry Run, P A 17220
Thank you for your time and cooperation in this matter.
Very truly yours,
.
~~~
John M. Lisko
JML/dl
Enclosure
TD/FT/Letters/FCPC on Amendment to Subdivision Ordinance, 2-9-09. (F-3)
FANNETT TOWNSHIP,
FRANKLIN COUNTY, PENNSYLVANIA
ORDINANCE NO. _OF 2009
AN ORDINANCE AMENDING THE
FANNETT TOWNSHIP SUBDIVISION ORDINANCE
WHEREAS, Fannett Township currently has a subdivision ordinance; and
WHEREAS, the Fannett Township Board of Supervisors find it to be in the best
interest of the public health and welfare of the residents of the Township to amend said
ordinance.
NOW THEREFORE, BE IT ENACTED AND ORDAINED, by the Board of
Supervisors of Fannett Township, Franklin County, Pennsylvania, pursuant to the
"Pennsylvania Municipalities Planning Code" (53 P.S. S 10101 et seq.), and the "Second
Class Township Code", (53 P.S. S 65101 et seq.), that the Fannett Township Subdivision
and Land Development Ordinance, Ordinance 1-2002, as amended shall be amended as
follows:
Section 201.E - Amend to substitute the word "Secretary" for "Engineer."
Section 202.1.A - Amend in its entirety to read as follows "Applications shall be
submitted to the Township Secretary no less than twenty-one (21) days prior to a
regularly scheduled meeting of the Approval Body if the application is to be considered
at the next meeting. The entire packet shall be subject to a completeness evaluation by
the Township. Incomplete applications shall not be considered for further review.
Applications shall not be considered complete until all design-related modifications of
requirements have been granted by the Approval Body."
Section 202.1.B - Amend to substitute the word "Secretary" for "Engineer."
Section 202.1.C - Amend the first sentence to read "The Approval Body shall take action
on each properly submitted and complete application (either preliminary or final) within
ninety (90) days following the first regular meeting at which the plan was considered.
The Township shall subsequently communicate such action to the applicant as required
by Section 508 ofthe MPC."
Section 202.1.D - Amend to substitute the word "Secretary" for "Engineer."
Section 202.1.1 - Add this new section to read "The Township Board of Supervisors
reserves the right to hold a public hearing on any subdivision or land development
application. "
Section 203.1.B - Amend to change the number "six (6)" to "ten (10)" and to substitute
the word "Secretary" for "Engineer."
Section 203.1.E - Add this new section to read "Whenever a subdivision or land
development involves non-residential development, the plans shall be submitted by the
applicant to the Fire Chief for review and comment in accordance with fire protection and
emergency management industry standards. Similarly, residential projects consisting of
multiple structures on a single property, any residential project involving new street
construction (whether public or private), or a residential subdivision of greater than five
(5) new dwelling units shall also be submitted for review and comment by the Fire Chief.
The Fire Chief shall have forty-five (45) days following receipt of the plan, to provide
comments to the Township for consideration."
Section 203.1.F - Add this new section to read "When a plan is tabled by the Board of
Supervisors to comply with the review comments generated by the Board of Supervisors,
Township Engineer, County Planning Commission and other review entity(s), the
applicant shall provide a written response to all the comments along with a revised
application package before the next Board of Supervisors meeting date."
Section 203.1.G - Add this new section to read "During the plan review process the
applicant may grant an extension of time for the Township to act on the plan in writing.
Said extension must be formally accepted by the Board of Supervisors."
Section 204.1.A - Amend to substitute the word "Secretary" for "Engineer."
Section 204.1.B - Amend to substitute the words "Board of Supervisors" for
"Commission. "
Section 204.1.C - Eliminate the first paragraph in its entirety. Subsections 1, 2 and 3
shall become part of preceding Section 204.1.B. Subsection 2 shall be amended to
substitute the word "Secretary" for "Engineer." Sections 204.1.D and 204.1.E shall also
be reordered accordingly.
Section 205.C - Amend to substitute the word "disturb" for "contain."
Section 302.A - Amend in its entirety to read "Scale: All plans shall be drawn to a scale
not smaller than one hundred (100) feet to the inch. Alternative plan scales shall be
considered only via a written request for a modification of requirements. Where more
than one (1) sheet is required, an index map of the entire plat at a smaller scale shall be
shown on a sheet of the same size. The Board of Supervisors may require final plats at a
scale of 50 feet to the inch as a condition of preliminary plat approval to assure legibility
in cases warranted by the complexity of the proposal and the error of closure shall not be
more than one part in 10,000."
Section 302.C.3.a - Amend to read "Name, address, telephone number and e-mail
address of owner of the property and acknowledgement of subdivision."
Section 302.C.3.b - Amend to read "Name, seal and signature of registered design
professional responsible for the plan."
Section 302.C.5 - Amend in its entirety to read "Existing zoning district(s) or, if no
zoning ordinance exists, future land use category(ies) identified in the Township
Comprehensive Plan, as most recently amended."
Section 302.C.7 - Amend to read "Datum to which topographic elevations and contours
refer. Topographic data shall be referenced to known elevations via an established
benchmark that shall be identified on the plan."
Section 302.C.I0 - Amend to read "All existing streets on or adjacent to the tract
including name, right-of-way width, cartway width, and route number."
Section 302.C.13 - Amend to read "The names and deed references of all adjoining
properties and the deed reference, tax map and parcel number for the property being
developed."
Section 302.C.18 - Add this new section to read "The following note shall be added to
every plat filed with the Township.
AGRICULTURAL NUISANCE DISCLAIMER
The lands depicted on this subdivision/land development may be located adjacent to or be
involved in a normal agricultural operation as defined by Pennsylvania Act 133 of 1982,
as amended, "The Right To Farm Law." If you purchase land that is depicted on this
subdivision/land development and said lands are involved in a normal agricultural
operation or located adjacent to lands protected by Pennsylvania Act 133 of 1982, as
amended, you may be prohibited from filing a nuisance action against the operators of the
normal agricultural operation. In addition, owners, residents, occupants and users of this
property may be subjected to, and should be prepared to accept, such inconvenience,
discomfort, and the possibility of injury to property and health arising from normal
agricultural practices and operations, including, but not limited to, noise, dust, odor, the
operation of machinery of any kind including aircraft, the storage and disposal of manure,
and the application of fertilizers, soil amendments, herbicides and pesticides.
Section 302.C.19 - Add this new section to read "All plats shall contain a note regarding
the status of wetlands on-site based upon a minimum of three factors: (1) the presence or
absence of hydric soils or soils with inclusions of hydric components as classified by the
USDA Natural Resource Conservation Service, (2) National Wetlands Inventory
mapping, and (3) an inspection of the property by the responsible surveyor or engineer.
If wetlands are present or suspected on-site, the plan shall clearly state whether or not any
disturbance of these areas is proposed. Where deemed necessary by the Township Board
of Supervisors, an analysis of wetland conditions on the subject property shall be
performed. Such analysis shall be prepared by a recognized professional wetlands
consultant and shall clearly state the existence or nonexistence of any wetlands and shall
delineate the field determined boundaries of those areas should they exist. A note shall
also be added which states that Fannett Township assumes no responsibility with regard
to wetlands analyses and delineations. Plats shall also include the location and
boundaries of any 100-year floodplain and/or floodway within the subject property as
identified on the latest edition ofFEMA's Flood Insurance Rate Maps for the Township.
Section 302.C.20 - Add this new section to read "Details of any requested modification
of requirements from this Ordinance including the section(s) of the Ordinance modified,
the date the modification(s) was granted by the Board, and the degree of modification(s)
granted."
Section 302.D.4 - Add this new section to read "A separate plan showing all of the
existing conditions within the tract. Said plan shall also include existing uses of the
subject property and existing uses of all adjacent properties. Existing buildings, wells
and septic systems on adjacent lots within 100 feet ofthe subject property."
Section 302.D.6 - Add this new section to read "Whenever a subdivision or land
development is subject to the requirements of Section 415, the applicant shall submit two
(2) copies of a Traffic Impact Study for the Township's review and approval. The Traffic
Impact Study shall be prepared in accordance with the criteria set forth in Section 415
and the recommendations of the Township Engineer."
Section 302.D.7 - Add this new section to read "Whenever a subdivision or land
development is subject to the requirements of Section 418, the applicant shall submit two
(2) copies of a Groundwater Availability Study for the Township's review and approval.
The Groundwater Availability Study shall be prepared in accordance with the criteria set
forth in Section 418 and the recommendations of the Township Engineer and the
Township Geologist."
Section 302.D.8 - Add this new section to read "Two (2) copies of a stormwater
management plan and all supporting calculations in accordance with the criteria set forth
in Section 410 of this Ordinance."
Section 302.D.9 - Add this new section to read "A lighting plan for outdoor and street
lighting, as applicable."
Section 302.D.10 - Add this new section to read "A landscaping, buffering and screening
plan, if required, prepared by a Pennsylvania licensed landscape architect, arborist or
other qualified professional."
Section 302.D.ll - Add this new section to read "Subdivision and land development
plans that propose any earthmoving activity shall be subject to the Planning and Design
Standards of Section 411 of this Ordinance. Documentation shall be provided as part of
any Preliminary application to demonstrate how these standards are achieved as part of
the development's design and to identify specific conservation practices that will be
employed during construction."
Section 302.D.12 - Add this new section to read "When a plat proposes development of a
property in phases, a supplementary plan shall be provided indicating the ultimate
development and the individual phases. The applicant shall also provide a schedule
indicating the timing of the phases, the number of lots in each phase, and the specific
improvements therein. Said schedule shall be updated annually with the Township
following Preliminary Plan approvaL"
Section 303.B.l - Delete in its entirety and replace with "The items required to be shown
on and with the preliminary plat, as specified in Section 302 of this Ordinance and the
date of Preliminary Plan approvaL"
Sections 303.B.2 - 303 .B.15 - Delete in its entirety and replace with:
2. Name, seal and signature of the professional surveyor and hislher certification
as to the accuracy of the plan. Boundaries of the tract shall be determined by
an accurate field survey that shall be balanced and closed with an error of
closure not to exceed one (1) foot in ten thousand (10,000) feet.
3. The building setback lines for each lot.
4. Street lines, lot lines, rights-of-way, easements and areas dedicated or
proposed to be dedicated to public use with accurate distances to hundredths
of a foot and bearings described by degrees, minutes and seconds.
5. Lot numbers.
6. Property corner monumentation.
7. Location, size and invert elevation of all sanitary sewer, storm sewer and
water lines and appurtenances. (manholes, culverts, inlets, valves, hydrants, . .
. etc.)
8. Finished first floor elevations for all existing and proposed buildings.
9. Clear sight triangles and available sight distance in both directions for all
proposed street and driveway intersections.
10. Pennsylvania One Call System, Inc, with serial number(s) and a list of utilities
with contact addresses and telephone numbers.
11. An inventory of all permits/approvals/review required by other Federal, State
and local agencies along with date submitted and approval/issuance dates.
Section 303.B.16 - Amend to renumber as Section 303.B.12. All text through subsection
i. shall remain the same with the exception of subsection h which shall read "A bonafide
letter from the County Conservation District or the Pennsylvania Department of
Environmental Protection stating that, pursuant to the Rules and Regulations of the
Pennsylvania Department of Environmental Protection relative to Erosion and Sediment
Control (Chapter 102), all requirements have been met by the applicant."
Section 402 - Amend the two column titles under Residential Net Lot Yard and Height
Requirements to read "Without Central Water and/or Sewer" and "With Both Central
Water and Sewer." A new subsection entitled Environmental Self-Sufficiency shall be
included that reads "Each new lot created in the Township shall be designed in such a
manner to be individually self-sufficient for both water supply and sewage disposal, or be
connected to available public or private water and sewer facilities." The subsection
entitled Flag Lots shall be amended to read as follows:
A. "Flag-shaped" or panhandle lots shall have a mInImUm of fifty (50) feet of
frontage. The area of the panhandle or flag staff portion of the lot shall not be
included in the calculation of required minimum lot area.
B. No more than two flag lots may be located adjacent to one another. A minimum
separation distance of 400 feet shall otherwise be employed for flag lots located
along the same side of the street. Said separation shall be measured at the street
frontage between the centerlines of the respective staves or handles. No more
than two tiers of flag lots shall be permitted. The maximum flag staff or
panhandle length shall be 500 feet. Flag lots shall not be permitted on the
turnarounds of cul-de-sacs.
C. Building setbacks shall begin beyond the terminus of the staff or handle. A
driveway setback of six feet shall be required within the staff or handle.
Driveways shall also be set back a minimum of 20 feet from any adjacent existing
structure.
D. Shared access shall be required for any two flag lots placed side by side. The
driveway shall be subject to a common access easement between the two users
and an agreement to this effect shall be reviewed and approved by the Township
Solicitor prior to Final Plan approval.
E. Flag lots shall be permitted for single-family detached dwellings only. Only one
such dwelling shall be permitted for a single flag lot.
F. The flag staff or panhandle shall be used exclusively for access and shall not be
used for other purposes including, but not limited to, buildings, wells or septic
systems.
Section 404 - Retitle this section "Utilities and Easements" and amend to read as follows:
A. Utilities - Easements shall be provided for poles, wires, conduits, storm and
sanitary sewer lines, gas, water and heat mains, and other utilities intended to
serve the abutting lots and for access to facilities. The minimum width of utility
easements shall be twenty-five (25) feet. Wherever possible such easements shall
be centered on the side or rear lot lines, or along the front lot lines. Telephone,
electric, gas, TV cable and such other utilities shall be installed underground and
shall be provided with easements to be dedicated for such utilities and in
accordance with plans approved by the Board of Supervisors and the applicable
utility company. Lots which abut existing easements or public rights-of-way
where above ground utility lines have been previously installed may be supplied
with electric and telephone service from those overhead lines, but service
connections from the utilities' overhead lines shall be installed underground.
B. Stream, Watercourse, Drainage Channel, Pond or Lake - Where a subdivision
and/or land development is traversed by a watercourse, drainage way, channel or
stream, there shall be provided a drainage easement conforming substantially with
its location for the purpose of widening, deepening, relocating, improving or
protecting such watercourses, provide proper maintenance, or for the purpose of
installing a storm water or clear water system. The following standards shall
apply: 1) Perennial streams - fifty (50) feet from the stream bank. 2) Intermittent
stream, drainage way, channel or swale - twenty-five (25) feet from the edge of
the watercourse. 3) An access easement shall be provided to the drainage
easement. The width of such access points shall not be less than twenty-five (25)
feet. In no case shall any drainage easement be less than twenty-five (25) feet in
width.
C. Conservation - In all subdivisions and land developments, a twenty-five (25) foot
conservation easement shall be provided around all delineated wetland areas to
ensure minimal disturbance and encroachment in these areas. Within this twenty-
five feet (25') buffer zone no earth disturbance will be permitted, unless in
association with wetlands disturbance activities under permit by the United States
Army Corps of Engineers or Pennsylvania Department of Environmental
Protection. Where delineated wetlands are documented, a note shall be placed on
the plan to this effect. All other identified environmentally sensitive areas shall
be protected from inappropriate development through easement, deed restriction
and/or transfer to a bona fide conservation organization.
D. Pedestrian - Where necessary for access to private, public or common lands, a
pedestrian easement shall be provided with a width of no less than ten (10) feet.
Additional width, fencing and/or planting may be required by the Board of
Supervisors depending on the purpose and use of the easement.
Section 407.A - Delete this section in its entirety and reorder existing subsections B.
through E. accordingly.
Section 407.C - Amend this section by substituting "may" for "must." This section will
become subsection B. upon the deletion of existing subsection A. as noted in the
preceding paragraph.
Section 407.D - Amend this section to read "All street construction standards shall
comply with Township specifications found in Appendix B herein." This section will
become subsection C. upon the deletion of existing subsection A. as noted previously.
Section 407.E - This section will be deleted in its entirety and replaced as follows: "A
residential subdivision/land development of twenty (20) or more dwelling units shall
provide for at least two separate street connections to existing public streets. In a non-
residential subdivision or land development, the Board of Supervisors may require at
least two street connections, or if the land is to be accessed by driveways, two driveway
connections to existing public streets where necessary to ensure safe and efficient traffic
flow."
Section 407.1 - This section shall be replaced in its entirety with the following:
"Public streets shall be laid out according to the following minimum schedule*:
Class of Street
Right-of-Way
Width
Minimum
Cartway Width
Paved
Shoulders
Cul-de-sac street
Turnaround of cul-de-sacs
(diameter)
Minor street
Collector street
Arterial street
50'
120'
20'
100'
2' each side
Alley and service drive
50'
60'
PennDOT
Standards
20'
20'
24'
PennDOT
Standards
20'
2'
4'
PennDOT
Standards
* Street width shall be increased to a total width of thirty-two (32) feet
with paved shoulders where on-street parking is proposed
Section 407.2 - This section shall be retitled "Arterial Streets" and shall be amended to
read as follows:
The above right-of-way and cartway width and paving and design standards shall be
increased where recommended by the Township Engineer and approved by the
APPROV AL BODY. All arterial streets shall conform to the applicable requirements of
the Pennsylvania Department of Transportation.
Section 407.3 - The subsection designated "Dead-End Streets" shall be amended to read
as follows:
Dead-End Streets. Dead end streets are prohibited unless constructed as cul-de-sacs not
exceeding 800 feet in length, with a turn-around having a minimum of a 120 foot
diameter right-of-way and a minimum of a 100 foot diameter of paving. The minimum
cul-de-sac length shall be two hundred fifty (250) feet. The length of a cul-de-sac shall
be measured from its centerline intersection point to the centerpoint of the turnaround.
A. Temporary cul-de-sacs, upon approval of the Municipal Engineer, may be
constructed without asphalt base or wearing course. The developer may be
exempt from providing curbing at the terminus of temporary cul-de-sacs, unless
curbs are required for drainage control. A temporary cul-de-sac shall be
removed by the developer and replaced with the permanent street upon
extension of the existing street.
B. A cul-de-sac shall not be approved wherever a through street or loop is
practicable, except where the cul-de-sac is clearly the only practical design for
the subdivision or land development.
C. Where the turnaround right-of-way of a cul-de-sac street approaches or abuts
the tract boundary, a fifty (50) foot right-of-way shall be extended to the
adjacent property to permit future extension of the street at full width, unless
future extension is not possible.
D. Cul-de-sac streets, whether permanently or temporarily designed as such, shall
be provided with a snow removal easement located at the terminus of the cul-
de-sac street for plowed snow during the winter months. A snow dump area
shall be provided within the turnaround right-of-way and delineated on the
subdivision and land development plan. Snow dump areas shall be a minimum
of thirty (30) feet in width and shall extend to the full depth of the cul-de-sac
right-of-way from the curb or edge of cartway. A snow dump area shall not
encroach on driveways, trees, fire hydrant, water or gas shutoff valves, mail
box, street light, utility pole or similar encroachments.
E. Drainage of cul-de-sac streets shall preferably be towards the open end. If
drainage is toward the closed end it shall be conducted away in an underground
storm sewer.
Section 407.3 - The subsection designated "Sight Triangle" under "Street Intersections"
shall be amended to read as follows:
"Sight Triangle: A 75 foot clear sight triangle shall be provided, in which no building or
structure, wall, fence, hedge, tree, shrub, or other growth shall be placed except for utility
poles, light standards, street signs, mailboxes and fire hydrants. The Township reserves
the right to use posted speed limits or actual speed, determined by traffic study, and road
grades to modify the calculation of the required sight triangle."
Section 409 - Delete this section in its entirety and renumber all successive sections
accordingly.
Section 411 - This existing section shall be Section 410 following the elimination of
Section 409 as detailed above. It shall be amended to include a new Subsection 2 to read
as follows: "During site preparation of an approved Subdivision and/or Land
Development, stockpiles of stripped topsoil and/or excavated material shall not be located
closer than one hundred (100) feet to any occupied residential dwelling. The maximum
height of topsoil and excavated material stockpiles shall be not more than ten (10) feet
when stockpiles are located between one hundred (100) and one hundred fifty (150) feet
from any occupied residential dwelling. The maximum height of topsoil and excavated
material stockpiles shall be not more than fifteen (15) feet when stockpiles are located
more than one hundred fifty (150) feet from any occupied residential dwelling. The
maximum height of any topsoil or excavated material stockpile in the Township shall not
exceed fifteen (15) feet.
Section 412 - This existing section shall be Section 411 following the elimination of
Section 409 as detailed above. It shall be retitled "Planning and Design Standards" and
shall be amended to read as follows:
A. General Standards to Minimize Adverse Impacts
All subdivisions and land developments in Fannett Township shall avoid or
minimize adverse impacts on the Township's natural, cultural and historic
resources, as defined below. The disturbed area of a development shall be clearly
identified and the balance of the property protected during construction. All
impervious surfaces, buildings, utility or drainage corridors, and structures shall
be contained within the disturbed area identified on the approved site plan.
B. Groundwater Resources
Groundwater resources are to be protected for purposes of providing water
supplies for its residents and businesses, and to protect the base flow of the
Township's surface waters. These regulations shall be applied in conjunction with
those provided for in other sections of this Ordinance, dealing with groundwater
conservation and replenishment.
1. The proposed subdivision and land development of any tract shall be designed
to cause the least practicable disturbance to natural infiltration and percolation
of precipitation to the groundwater table, through careful planning of
vegetation and land disturbance activities, and the placement of streets,
buildings and other impervious surfaces in locations other than those having
the greatest permeability where precipitation is most likely to infiltrate and
recharge the groundwater.
C. Stream Valleys. Floodplain. Wetlands. Springs and Lowland Areas
The Township's Comprehensive Plan describes and maps stream valleys,
floodplain, wetlands, springs and lowland areas as resources that warrant
restrictive land use controls because of flooding hazards to human life and
property, their ground water recharge functions, their importance to water quality
and the health of aquatic communities, and their wildlife habitats. They are
generally poorly suited for on-site subsurface sewage disposal systems.
1. The following activities shall be minimized:
a. Disturbance to streams and drainage swales.
b. Disturbance to year-round wetlands, areas with seasonally high water
tables, and areas of surface water concentration.
D. Woodlands
Woodlands occur within the Township, often in association with stream valleys
and wet areas, poor and erodible agricultural soils, and moderate to steep slopes.
1. Woodland conditions vary with respect to species composition, age, stocking,
and health. They range from relatively recent post-agricultural young stands to
mature mixed-age forests. Most woodlands represent one or more of the
following resource values:
a. As soil stabilizers, particularly on moderate to steep slopes, thereby
controlling erosion into nearby streams, ponds, impoundments and roads.
A closely related function is their enhancement of ground water recharge.
b. As a means of ameliorating harsh microclimatic conditions, in both
summer and winter.
c. As a source of wood products, i.e., poles, sawtimber, veneer and firewood.
d. As habitat for woodland birds, mammals and other wildlife.
e. As recreation resources for walkers, equestrians, picnickers and other
related outdoor activities.
f. As visual buffers between areas of development and adjacent roads and
properties.
2. In designing a subdivision and land development plan for any tract, the
applicant shall be guided by the following standards:
a. Healthy woodlands exceeding one acre shall be preserved to the maximum
extent possible. Proposed site improvements shall be located, designed
and constructed to minimize the loss or degradation of woodland areas.
b. Subdivisions shall be designed to preserve woodlands along roadways,
property lines, and streams. Such lines and the native vegetation
associated with them shall be preserved as buffers between adjacent
properties and between areas being subdivided within a property.
Preservation shall include ground, shrub, understory and canopy
vegetation.
c. Disturbance or removal of woodlands occupying environmentally
sensitive areas shall be undertaken only when approved by the Board and
on a limited, selective basis to minimize the adverse impacts of such
actions. This shall include but not necessarily be limited to, vegetation
performing important soil stabilizing functions on wet soils, stream banks
and sloping lands.
d. No clearing or earth disturbance (except for soil analysis for proposed
sewage disposal systems) shall be permitted on a site before the
completion of subdivision and land development agreements. The
determination of sight distance clearances along roadways shall be made
graphically and not by clearing on-site prior to final plan approval.
E. Upland Rural-Agricultural Areas
These areas comprise fields, pastures, meadows, and former agricultural areas in
early stages of woodlands succession. These comprise the Township's historic
working landscape, dotted with historic houses, barns and other structures. They
give the Township much of its rural character. They also contain the greatest
concentration of prime agricultural soils. Because of their openness and high
visibility, development in these areas is likely to be most readily seen and
disruptive to the historic landscape. They sometimes provide habitat for wildlife,
in conjunction with nearby woodlands and stream valleys.
1. Several elements of these working landscapes lend themselves to
conservation. These include Class I, II and III agricultural soils and natural
features which visually punctuate the landscape, such as hedgerows, tree
copses, stone walls, and visually prominent places such as knolls and hilltops.
2. These areas can also accommodate development, with preferred locations
being the non-Class I, II and III agricultural soils and lower topographic
settings where development will be visually less obtrusive. Compact clustered
residential designs are encouraged in highly visible locations where future
development cannot be avoided (such as at the far edge of open fields).
F. Slopes
Moderately sloping lands (15 to 25 percent) and steeply sloping lands (over 25
percent) are prone to severe erosion if disturbed. Erosion and the resulting
overland flow of soil sediments into streams, ponds and public roads, are
detrimental to water quality and aquatic life, and a potential hazard to public
safety. Areas of steep slope shall be preserved as required below.
1. All grading and earthmoving on slopes exceeding 15 percent shall be
minimized.
2. On slopes of 15 percent or greater, the only permitted grading beyond the
terms described above, shall be in conjunction with the siting of a single
family dwelling, its access driveway and the septic system (which should
typically be designed with a long, narrow drainage field following the land
contours).
3. Grading or earthmoving on all sloping lands of 15% or greater shall not result
in earth cuts or fills whose highest vertical dimension exceeds six feet, except
where in the judgment of the Board no reasonable alternatives exist for
construction of roads, drainage structures and other public improvements, in
which case such vertical dimensions shall not exceed 12 feet. Roads and
driveways shall follow the line of existing topography to minimize the
required cut and fill. Finished slopes of all cuts and fills shall be as required
to minimize disturbance of natural grades.
G. Significant Natural Areas and Features
Natural areas containing rare or endangered plants and animals, as well as other
features of natural significance exist throughout the Township. Some of these
have been carefully documented by the Statewide Natural Diversity Inventory and
the County's Natural Areas Inventory, whereas for others, only their general
locations are known. Subdivision applicants shall protect significant natural areas
and features by incorporating them into any proposed open space or avoiding their
disturbance in areas proposed for development.
H. Historic Structures and Sites
Many of the Township's historic structures and sites have been extensively
researched and remain intact.
1. Plans requiring subdivision and land development approval shall be designed
to protect existing historic resources of all classes. The protection of an
existing historic resource shall include the conservation of the landscape
immediately associated with and significant to that resource, to preserve its
historic context. Where a plan will have an impact upon an historic resource,
the developer shall mitigate that impact by modifying the design, relocating
proposed lot lines, providing landscape buffers, or other approved means.
2. Municipal participation, review and approval of the applicant's interaction
with the State Historical and Museum Commission with regard to the
preservation of historic resources, as required for DEP approval of proposed
sewage disposal systems, shall be required prior to Final Plan approval.
1. Additional Conservation Practices For Site Preparation and Clean-Up
1. Protection of Vegetation from Mechanical Iniury. Where earthwork, grading,
or construction activities will take place in or adjacent to woodlands, old
fields or other significant vegetation or site features, the limit of disturbance
shall be delineated and vegetation protected through installation of temporary
fencing or other approved measures. Such fencing shall be installed prior to
commencing of and shall be maintained throughout the period of construction
activity.
2. Protection of Vegetation from Grading Change. Grade changes to occur at
any location of the property shall not result in an alteration to soil or drainage
conditions which would adversely affect existing vegetation to be retained
following site disturbance, unless adequate provisions are made to protect
such vegetation and its root systems.
3. Protection of Vegetation from Excavations
a. When digging trenches for utility lines or similar uses, disturbances to the
root zones of all woody vegetation shall be minimized.
b. If trenches must be excavated in the root zone, all disturbed roots shall be
cut as cleanly as possible. The trench shall be backfilled as quickly as
possible.
4. Protection of Topsoil
a. No topsoil shall be removed from the site during development and
construction.
b. Prior to grading operations or excavation, topsoil in the area to be
disturbed shall be removed and stored on site.
c. Topsoil removed shall be redistributed and stabilized as quickly as
possible following the establishment of required grades for a project or
project phase. All exposed earth surfaces shall be stabilized by
hydro seeding on slopes of less than ten percent, and by sodding,
hydro seeding, or rip-rap on slopes exceeding ten percent.
d. Grading and earthmoving operations shall be scheduled to minimize site
disturbance during the period from November 1 to April 1, when
revegetation of exposed ground is difficult.
e. A target minimum topsoil depth across the entire development of four (4)
inches is desirable. Each lot within the development shall be provided
with adequate topsoil for site stabilization and the establishment of a
healthy lawn through self-sufficiency.
Section 416 - This will be a new section titled "Bridges and Stream Encroachments" to
following existing Section 416 (now to be Section 415 following the reordering of
sections detailed previously). It will read as follows:
"All bridges and other forms of stream encroachments shall be permitted by the
Township only in accordance with all applicable Federal, State and local agency rules
and regulations. Final subdivision and/or land development plan approval shall be
subject to the provision of permits and approvals from all applicable regulatory agencies
including, but not limited to, the United States Army Corps of Engineers (USACE), the
Pennsylvania Department of Environmental Protection (P ADEP), the County
Conservation District, the Federal Emergency Management Agency (FEMA), and the
United States Fish and Wildlife Service.
Bridges, whether existing or proposed, shall be designed in accordance with AASHTO
Standard Specifications for Highway Bridges, as amended, as part of any subdivision
and/or land development plan approval. All bridges shall be designed using a design
vehicle of AASHTO HS20 or HS25 live load rating, whichever shall govern. Vehicle
load limits shall be posted at both ends of each bridge with signs having reflective letters
not less than four (4) inches in height on a contrasting background."
Section 417 - This will be a new section titled "Water Impact Study" that will read as
follows:
1. Requirement for a Water Impact Study
A water impact study shall be required at the time of any required Preliminary Plan
submittal for all subdivision(s) and/or land development(s) of any land tract(s) in
Fannett Township that proposes to utilize groundwater obtained from the said tract(s),
any adjoining tract(s) or from any other tract(s) within the Township. The study will
be required irrespective of whether that water is being distributed as part of a public
water supply or as individual welles) on lots within the said tract(s).
2. Exclusion to a Water Impact Study and P ADEP Jurisdiction
A. Exclusion
In the case of subdivision(s) or land development(s) involving less than ten (10)
existing proposed or possible residential dwelling unites) or non-residential
development(s) estimated to use less than 3,500 GPD (gallons per day) of water,
the water impact study is not required. Studies shall also not be required when the
applicant is a municipal water supplier, including but not limited to the Township
and surrounding municipalities, and the proposal is for a new or expanded
regional water source.
B. P ADEP Jurisdiction
When there are fifteen (15) or more dwelling unit connections proposed as
possible additions in the future to the said well/water system or when there are or
is a possibility, in the future, of twenty-five (25) or more human consumers of the
water from the said source, the study, regulation(s) and approval(s) shall also be
within the jurisdiction ofPADEP for conduct of the water impact study.
3. Conduct of a Water Impact Study
The water impact study shall be prepared, signed and sealed by a hydrologist,
professional geologist or professional engineer qualified to conduct groundwater
investigations in the Commonwealth of Pennsylvania. The purpose of the study will
be to determine whether there is an adequate supply of groundwater for the proposed
use and to estimate the impact of the additional water withdrawal(s) on existing
nearby wells, underlying aquifers and streams and examine the possible connection(s)
to an existing public water supply system and the capacity of that existing system to
accommodate the proposed development(s). The scope of the study shall be
determined upon consultation with the Township Engineer. Prior to approval, the
Township shall conduct an independent, professional review of the study. The cost of
the review shall be borne by the applicant.
4. Water Impact Study Requirements
The Fannett Township Board of Supervisors shall only review and/or approve the
water impact study after the person(s) preparing the study signs the report, certifies
the data and has included the following information:
A. Calculations of the projected water needs using the criteria set forth III the
following:
1. For residential usage, the P ADEP calculation of 3.5 persons per dwelling unit
and an average daily usage of 100 gallons per person per day shall be utilized.
2. For any non-residential usage, P ADEP accepted estimated water usage figures
shall be utilized in all computations.
3. For any and all proposed public water system usage as described III
Subsection 417 .2.b, P ADEP jurisdictions shall prevail.
4. Where applicable, calculations of the projected water needs using the criteria
set forth in the following references shall be used:
a. PUBLIC WATER SUPPLY MANUAL Bureau of Water Quality
Management Publication No. 15 by the P ADEP, Harrisburg,
Pennsylvania, as amended.
b. GUIDE FOR DETERMINATION OF REQUIRED FIRE FLOW by the
Insurance Services Office (ISO) as amended.
c. AMERICAN WATER WORKS ASSOCIATION Standards and Manuals
for the American Water Works Association, Denver, Colorado, as
amended.
B. A geologic map of the area within a one (1) mile radius of the site, at a scale of
not more than one (1) inch to one thousand (1 ,000) feet (1 "= 1 , 000').
C. The location of all faults, lineaments and fracture traces within 1f4 mile of the site.
D. The locations of all existing and proposed wells within 1f4 mile of the site, and all
large withdrawal wells (over 10,000 gpd) within 1 mile of the site.
E. The location of all existing and proposed on-lot septic systems and sewer lines
within V4 mile of the site.
F. The location of all streams, perennial and intermittent, floodplains and wetlands,
within the project's boundaries.
G. The locations of all existing sources of pollution/ contamination within 1f4 mile of
the well site.
H. A discussion of the aquifers underlying the site and their long-term drought
recharge capability based on accepted published data or detailed site specific
investigations.
1. Based on the drought recharge capability of the underlying aquifer and the
calculated daily groundwater withdrawals of the project, a hydrologic budget shall
be calculated for the site property itself, and for the area within one quarter mile
of the site.
1. Based on the results of the hydrologic budget, a determination shall be made on
whether or not the potential exists for adverse affects on the hydrologic
environment caused by the project.
K. The study shall include a brief statement of the qualifications of the person(s)
preparing the study.
L. For each well that is constructed:
1. An accurate geologic log should be constructed during the drilling of the well
giving a detailed description of the type and thickness of rocks encountered.
2. The log should contain information on the depth and thickness of all water
bearing zones encountered and the yield for each zone. Yield from the well
must be measured using a quantitative method.
M. A pumping test shall be conducted at a rate and duration to be determined by the
Township or its designee. A test of greater duration may be required if a water
table or unconfined-type response (delayed drainage) is encountered during the
testing period. The test shall be conducted at a constant pumping rate that should
not deviate greater than + / - 5% during the test. Notice of all pumping tests shall
be given to the Township at least 72 hours before commencing the pumping test.
N. In order to determine the impact of the project on existing wells, a representative
sample of existing wells, evenly spaced around the pumping well, shall be
monitored for changes in water level. The number and location of monitoring
wells shall be subject to approval by the Township or its designee before
conducting a step test. Sufficient well monitoring shall be performed to allow for
the construction of hydro graphs showing a continuous record of well levels
before, during and after the pumping test.
O. A means of accurately measuring the well discharge shall be provided subject to
approval by the Township or its designee.
P. Well discharge shall be directed away from the site by a method suitable to the
County Conservation District and to a point suitable to the Township.
Q. Records shall be compiled in typewritten form to include the following
information:
1. Name of driller and personnel conducting test.
2. Description of test well to include horizontal and vertical dimensions, casing
installed and grouting detail.
3. List of formation samples.
4. Static water level immediately prior to yield testing.
5. Hydrograph of depth to water surface during test pumping and recovery
period at the test well showing corresponding pump and discharge rate in
gallons per minute and time readings were taken.
6. Log of depth to water surface at existing and monitoring wells during test
pumping period showing time readings were taken.
R. A report shall accompany the test well data, which analyzes and interprets all data
regarding impacts on the groundwater supply and existing wells. The credentials
of the individual(s) preparing the report shall be included. Conclusions shall be
drawn from the analysis with respect to:
1. Availability of sufficient water for the land development proposed;
2. Probable effects of long-term pumping on well levels within one (1) mile of
the test well.
S. No land development/subdivision plan requiring a water impact study shall be
approved by the Township if the study indicates that the proposed well/water
system does not provide an adequate supply of water for the proposed
development/use, considering both quality and quantity, or that the proposed
well/water supply adversely affects nearby wells and streams or does not provide
for adequate groundwater recharge in respects to calculated withdrawals.
T. The submission to the Township shall include all applications, reports, or
supplemental information submitted to and received from the P ADEP and/or the
County Conservation District.
Section 605.A - The following language shall be added: "In any case where public
improvements are required, two copies of as-built drawings of all streets, stormwater
management facilities, and any other required improvements shall be provided to the
Township. Said as-built drawings shall be prepared, signed and sealed by a licensed
engineer or surveyor. Prior to the release of any security guaranteeing said
improvements, the Township shall approve the construction of the improvements
following a review of the as-built drawings relative to the approved subdivision or land
development plan and the findings of a site inspection. In the case of construction
following Preliminary Plan approval and without guarantee for the completion of
improvements, the Township shall withhold Final Plan approval until such as-built
drawings are provided and the Township has approved the construction of the subject
improvements based upon the approved Preliminary Plan design. When applicable, the
cost of preparing said as-built drawings shall be included in the financial security
provided by the applicant as a guarantee for completion of public improvements."
Section 801 - The following definitions shall be added, deleted or amended as noted. If a
current definition exists for one of the terms below, the current definition shall be deleted
and replaced by the new definition below. In addition the current definition for
"Modification" shall be deleted and replaced by the definition for "Modification
Requirements" as set forth below.
AGRICUL TURE - The use of land which shall include, but not be limited to, the
tilling of the soil, the raising of crops, horticulture, apiculture, floriculture, viticulture
and gardening. The production, keeping or maintenance, for sale, lease or personal
use, of plants and animals useful to man, including but not limited to: forages and sod
crops; grains and seed crops; dairy animals and dairy products, poultry and poultry
products: livestock, including beef cattle, sheep, swine horses ponies, mules, or goats,
or any mutations or hybrids thereof, including the breeding and grazing of any or all
of such animals: bees and apiary products; fur animals; trees and forest products:
fruits of all kinds, including grapes, nuts and berries; vegetables; nursery, floral,
ornamental and greenhouse products; or lands devoted to a soil conservation or
forestry management program.
AGRICULTURE. INTENSIVE - Intensive agricultural uses include but are not
limited to: (a) slaughter areas; (b) areas for processing of manure; (c) concentrated
animal feeding operations, as defined herein. (1) Confined livestock operations or
concentrated animal feeding operations (CAFO) Federal regulations define a CAFO
as an animal feeding operation that: (a) confines more than 1,000 animal units (AU);
or (b) confines between 301 to 1,000 AU and discharges pollutants into waters of the
United States through a man-made ditch, flushing system or similar man-made
device, or directly into waters of the United States that originate outside of and pass
over, across or through the facility or otherwise come into direct contact with the
animals confined in the operation. Animal quantities equivalent to 1,000 AU are
1,000 slaughter and feeder cattle; 700 mature dairy cattle; 2,500 swine each weighing
more than 25 kilograms (55 pounds); 30,000 laying hens or broilers (if a facility uses
a liquid manure system); and 100,000 laying hens or broilers (if a facility uses
continuous overflow watering).
AGRICUL TURAL OPERA nON - An enterprise that is actively engaged in the
commercial production and preparation for market of crops, livestock and livestock
products and in the production, harvesting and preparation for market or use of
agricultural, agronomic, horticultural, silvicultural and aquacultural crops and
commodities. The term includes an enterprise that implements changes in production
practices and procedures that are normally engaged by farmers or are consistent with
technological development within the agricultural industry.
ALLEY - Also known as a service drive. A strip of land over which there is a public
or private right-of-way intended to provide vehicular access to the side, rear or both,
of properties with frontage on a street. An alley or service drive is not intended for
general traffic circulation.
ANIMAL EQUIVALENT UNIT (AEU) - One thousand (1,000) pounds live weight
of livestock or poultry, regardless of the actual number of individual animals
comprising the unit, annualized to take into account the amount of time that the
animals are on the operation for a given year.
APPROVAL BODY - The Fannett Township Board of Supervisors.
AREA. GROSS - The total lot area, including public right-of-way.
AREA. NET - The total lot area, less public right-of-way.
AS-BUILT DRAWING - A plan prepared and certified by a registered engineer or
surveyor illustrating the physical location, dimensions and topographic features of
improvements in relation to property boundaries, other features and improvements
and the specifications of any approved development plan. As-built drawings shall be
prepared at a scale of not less than one inch equals fifty feet.
BOARD - The Fannett Township Board of Supervisors.
BUILDING LINE - ** Delete this definition
BUILDING SETBACK LINE - The line within a property defining the required
minimum distance between any enclosed structure and the adjacent right-of-way, and
the line defining side and rear yards, where required.
CAR TW A Y - That portion of a street or alley which IS improved, designed, or
intended for vehicular use.
CENTERLINE - A line located exactly in the center width of a road or street cartway,
right-of-way, easement, or access.
CLEAR-SIGHT TRIANGLE - A triangular-shaped portion of land established by a
street or driveway intersection in which nothing is erected, placed, planted, or
allowed to grow in such a manner as to limit or obstruct the site distance of motorists
entering or leaving the intersection.
COMPREHENSIVE PLAN - The official public document prepared in accordance
with the Pennsylvania Municipalities Planning Code, Act of July 31,1968, P.O. 805,
No. 247, as amended and reenacted, consisting of maps, charts and textual material,
that constitutes decisions about the physical and social development of Fannett
Township, as amended from time to time.
CONCENTRATED ANIMAL OPERATION (CAO) - An agricultural operation with
more than two animal equivalent units per acre of land suitable for manure
application and owned or managed by a farmer.
CONSERV ATION DISTRICT - A geographic area, usually a county, in which
professionals provide advice to communities, agencies, and individuals within the
jurisdiction and review development proposals. More specifically, the Franklin
County Conservation District.
ENGINEER - ** Delete this definition.
ENGINEER. TOWNSHIP - A professional engineer licensed as such in the
Commonwealth of Pennsylvania, duly appointed as the engineer for the Fannett
Township Board of Supervisors.
ENGINEER. REGISTERED - A person registered as a Professional Engineer by the
Commonwealth of Pennsylvania.
EROSION AND SEDIMENT CONTROL PLAN - * * Delete this definition.
EROSION AND SEDIMENT POLLUTION CONTROL PLAN - A plan that is
designed to minimize accelerated erosion and sedimentation.
EXISTING CONDITIONS - The site conditions as they exist prior to development.
EXISTING GRADE - The vertical location of the ground surface prior to excavation
or filling.
FARM - An area of land used for agricultural purposes, as defined under "agricultural
operation" .
GOVERNING BODY - The Fannett Township Board of Supervisors.
GRADE - A slope, usually of a road, channel or natural ground specified in percent
and shown on plans as specified herein. (To) Grade - to finish the surface of a
roadbed, top of embankment or bottom of excavation.
GROUNDWATER RECHARGE - Replenishment of existing natural underground
water supplies.
GUARANTEE. MAINTENANCE - Any financial security that may be required of a
developer by the Township after final acceptance by the Township of improvements
installed by the developer. Such security may include, but is not limited to,
irrevocable letters of credit, bonds, restrictive accounts, or escrow accounts from
approved Federal, State, or Commonwealth lending institutions.
GUARANTEE. PERFORMANCE - Any financial security that may be required of a
developer by the Township in lieu of a requirement that certain improvements be
made prior to final approval of the subdivision or land development plan. Such
security may include, but is not limited to, those instruments cited above as
acceptable as maintenance guarantees.
IMPERVIOUS MA TERrAL (SURF ACE) - Any substance placed on a lot which
covers the surface in such fashion as to prevent natural absorption of surface water by
the earth so covered. The following items shall be deemed to consist of impervious
material: Buildings, sidewalks, driveways, parking lots, swimming pools.
IMPROVEMENTS - Those physical additions, installations, and changes required to
render land suitable for the use intended, including but not limited to grading, paving,
curbing, street lights and signs, fire hydrants, water mains, electric service, gas
service, sanitary sewers, storm drains, sidewalks, crosswalks, driveways, culverts, and
other public utilities, and street shade trees, and improvements to existing water
courses.
LAND DEVELOPMENT - Any of the following activities:
a. The improvement of one lot or two or more contiguous lots, tracts or parcels of land
for any purpose involving:
1. 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; or
11. 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.
b.A subdivision of land.
c. Concentrated animal operations.
d.Earthmoving activities in excess of one (1) acre.
e. The addition of an accessory building, including farm buildings, on a lot or lots
subordinate to an existing principal building, shall not constitute a "land
development" as defined, unless otherwise specified herein.
LOT - A designated parcel, tract or area of land established by a plat or otherwise as
permitted by law and to be used, developed or built upon as a unit. For the purposes
of this Ordinance, any property recorded and consolidated under one deed as separate
tracts of contiguous lands under the same ownership shall be considered one lot.
Every newly subdivided lot within the Township shall have frontage on an adjoining
street right-of-way.
LOT AREA - The area contained within the property lines of a lot as shown on a
subdivision plan excluding space within any public street right-of-way, but including
the area of any easement.
LOT. FLAG (PAN HANDLE) - A lot not meeting minimum frontage requirements
and where access to the public road is by a narrow private right-of-way or driveway.
LOT. MINIMUM WIDTH - The horizontal distance between the side lines of a lot
measured at the required front building setback line.
LOT. WIDTH OF - ** Delete this definition.
MODIFICATION OF REQUIREMENTS - Relief from the strict application of a
specific requirement or provision of this ordinance, which if literally enforced would
exact undue hardship on the applicant. Modification decisions are required to be
based on unique or peculiar conditions pertaining to the land. All modification
requests are required to be submitted in writing and demonstrated to constitute the
least possible relief necessary.
MUNICIP ALITY - Any city of the second class A or third class, borough,
incorporated town, township of the first or second class, county of the second class
through eighth class, home rule municipality, or any similar general purpose unit of
government which shall hereafter be created by the Pennsylvania General Assembly;
more specifically, Fannett Township, Franklin County, Pennsylvania.
PLAN. SKETCH - An informal plan indicating salient existing features of a tract and
its surroundings and the general layout of proposed subdivision or land development.
The sketch plan does not constitute a formal submission of a preliminary or final plan
and is voluntarily offered to all applicants for guidance. (Amended)
PLAN. SOIL EROSION AND SEDIMENTATION CONTROL - ** Delete this
definition.
PLAT - The map or plan of a subdivision or land development, whether preliminary
or final; used occasionally herein synonymously with "plan". (Amended)
PRIME AGRICULTURAL LAND - Land consisting of those soils designated by the
USDA Natural Resource Conservation Service as prime soils.
RIGHT -OF- WAY - A strip of land acquired by reservation, dedication, forced
dedication, prescription or condemnation and intended to be occupied or occupied by
a road, crosswalk, railroad, electric transmission lines, oil or gas pipeline, water line,
sanitary storm sewer and other similar uses. (Amended)
RIGHT-OF-WAY. STREET - A public thoroughfare for vehicular traffic and/or
pedestrian traffic, whether designated as a street, highway, thoroughfare, parkway,
road, avenue, boulevard, lane, alley, or however designated.
SETBACK - The distance between the building and any lot line.
SHOULDER - The portion of the street, contiguous to cartway, for the
accommodation of stopped vehicles, for emergency parking, and for lateral support of
base and surface courses of the pavement.
SIGHT DISTANCE - The length of roadway visible to the driver of a passenger
vehicle at any given point on the roadway when the view is unobstructed by traffic.
(Amended)
SLOPE - The face of an embankment or cut section; any ground whose surface makes
an angle with the plane of the horizon. Slopes are expressed in a percentage based
upon vertical difference in feet per 100 feet of horizontal distance. The following
formula is the acceptable method of determining average slope:
S = 0.0023 I x L
A
S = Average percent slope of site, I = Contour interval in feet,
L = Sum of the length of contours in feet, A = Land area in areas of parcel being
considered (Amended)
STEEP SLOPES - Slope shall be measured as the change in elevation over the
horizontal distance between consecutive contour lines and expressed as a percent.
The steep slope regulation set forth in this Ordinance shall apply where any
applicable steep slope area, as set forth below, extends over three (3) or more
contiguous two (2) foot contour intervals and where said area of steep slope exceeds
one thousand (1,000) square feet in any single contiguous area. All slope
measurements shall be determined by a topographic survey signed and sealed by a
Pennsylvania registered surveyor or engineer. For the purposes of this Ordinance,
steep slopes are defined as either of the following categories: Moderate Slopes are
those areas of land where the grade is 15% to 25%. Steep Slopes are those areas
where the grade exceeds 25%.
STORMW A TER MANAGEMENT PLAN - A plan for managing the storm water
runoff from a proposed subdivision or land development, including data and
calculations, prepared by the developer in accordance with the standards of this
ordinance, or any applicable municipal or watershed stormwater management
ordinance.
STORMW A TER MANAGEMENT FACILITY - Any structure, natural or man-
made, that, due to its condition, design, or construction, conveys, stores, or otherwise
affects stormwater runoff. Typical stormwater management facilities include, but are
not limited to, detention and retention basins, open channels, storm sewers, pipes, and
infiltration facilities.
STREAM - A watercourse having a source and terminus, banks and channel through
which waters flow at least periodically.
STREET - Includes street, avenue, boulevard, road, highway, freeway, parkway, lane,
alley, viaduct and any other ways used or intended to be used by vehicular traffic or
pedestrians whether public or private. See the Township Comprehensive Plan for a
listing of individual streets by functional classification. (Amended)
STREET CENTERLINE - ** Delete this definition.
STREET WIDTH - The distance between street lines measured at right angles to the
center line of the street.
SURVEYOR - ** Delete this definition.
SURVEYOR, PROFESSIONAL LAND - An individual licensed and registered
under the laws of this Commonwealth to engage in the practice of land surveying. A
professional land surveyor may perform engineering land surveys but may not
practice any other branch of engineering.
TOWNSHIP - Fannett Township, Franklin County, Pennsylvania, its Board of
Supervisors, its agents or authorized representatives.
WETLANDS - Those areas that are inundated or saturated by surface or groundwater
at a frequency and duration sufficient to support, and that under normal circumstances
do support, a prevalence of vegetation typically adapted for life in saturated soil
conditions. Wetlands include, but are not limited to, swamps, marshes, bogs, and
similar areas.
YARD - An unoccupied space, other than a court, open to the sky, on the same lot
with a building or structure. (Amended)
YARD. FRONT - An open, unoccupied space on the same lot with a main building,
extending the full width of the lot and situated between the street line and front line of
the building projected to the side lines of the lot. The depth of the front yard shall be
measured between the front line of the building and the street line. Covered porches
whether enclosed or unenclosed, shall be considered as part of the main building and
shall not project into a required front yard. (Amended)
YARD. REAR - An open unoccupied space on the same lot with a main building,
extending the full width of the lot and situated between the rear line of the lot and the
rear line of the building projected to the side lines of the lot. The depth of the rear line
of the building shall not extend into the required rear yard. (Amended)
YARD. SIDE - An open, unoccupied space on the same lot with the building situated
between the building and the side line of the lot extending from the front yard to the
rear yard. Any lot line not a rear line or a front line shall be deemed a side line. A
building shall not extend into the required side yards. (Amended)
Appendix B - This appendix shall be amended to read as follows:
"1. All street construction shall meet the minimum design criteria provided on Figure 1
below. The Township Supervisors or their representative shall approve all subbase
construction prior to the application of the bituminous surfaces.
2. The binder and wearing courses shall be tightly rolled with an 8 to 12 ton vibratory
roller.
3. All pavement and aggregate materials and all road and storm drainage facility
construction shall meet the PennDOT Pub. 408 specifications."
Subsequently, existing Subsection 7 shall remain as currently written and renumbered to
Subsection 4. Figure 1, referenced above, is attached hereto and shall be added at the
end of Appendix B.
Severability. If any article, section, or provision of this ordinance should be decided by
the courts to be unconstitutional or invalid, such decision shall not affect the validty of
this ordinance as a whole or any part thereof other than the part so decided to be
unconstitutional or invalid.
Repealer. All other Township ordinances, or parts of other ordinances in conflict
herewith, are hereby repealed.
Effective date. This ordinance shall become effective in accordance with the law.
ENACTED by the Board of Supervisors of Fannett Township at its regular meeting the
day of , 2009.
Attest:
Georgia O'Donnell, Secretary
(SEAL)
George S. Rotz, Chairman
William O'Donnell
Donald Culbertson