HomeMy WebLinkAboutFannett SubdivFANNETT TOWNSHIP SUBDIVISION AND LAND DEVELOPMENT ORDINANCE ORDINANCE 2-2002 DFLFTextExtract_FranklinCouŸ?Ÿ?1667??.pdf?Ÿ?Ÿ?Ÿ?Ÿ?????
TABLE OF CONTENTS Article I -General Provisions I O I -Short Title 102 -Purpose 103 -Authority and Jurisdiction 104 -Interpretation 105 -County Review 106 -Municipal Liability I07 -Effective
Date, Jurisdiction and Repealer 108 -Copies Article 2 -Plan Submission Procedure 201 -Contents of Application 202 -Submission of Plans 203 -Preliminary Plan 204 -Final Plan 205 -Exceptions
for Minor Subdivisions 206 -Exceptions for Replats Article 3 -Plan Requirements 301 -Sketch Plan 302 -Preliminary Plan 303 -Final Plan 303 -Final Plan Article 4 -Design and Construction
Standards 401 -Density 402 -Lots and Blocks 403 -Monuments and Markers 404 -Easements 405 -Sewer Systems 406 -Water Systems 407 -Design Standards for Streets 408 -Sidewalks and Curbs
409 -Utilities 41 0 -Stormwater Management Facilities 41 1 -Erosion Control 412 -Environmentally Sensitive Areas 4 13 --Street Naming and Addressing 414 -Signs 415 -Traffic Impact Studies
4 16 -Driveways Page 4 Page 4 Page 4 Page 4 Page 5 Page 5 Page 5 Page 5 Page 6 Page 6 6 Page 7 Page 8 Page 9 Page 10 Page I 1 Page 11 Page 13 Page 16 Page 16 Page 18 Page 18 Page 18
Page 20 Page 21 Page 24 Page 25 Page 25 Page 30 Page 30 Page 30 Page 30 Page 31 Page 32 FANNETT TOWNSHIP ORDINANCE 2 -2002 ENACTED JULY 1 I, 2002 Page 1
Article 5 -Land Development Standards 501 -Jurisdiction 502 -Procedures for All Land Developments 503 -Final Plan Review 504 -Site Plan 505 -Design Standards 506 -Assurance for Completion
and Maintenance of Improvements 507 -Mobile Home Park Standards 508 -Commercial and Industrial Subdivision or Land Development Design Standards 509 -Recreational Campground and Recreational
Development Design Standards 5 10 -Multi-Family Dwellings 5 1 1 -Intensive Agriculture Article 6 -Improvements Guarantee 601 -Guarantee of Improvements Required 602 -Improvements to
be Provided by Applicant 603 -Development Agreement 604-Performance Guarantee 605 -Approval of Improvements 606-Remedies to Effect Completion of Improvements 607-Maintenance Guarantee
Article 7 -Administration, Amendment and Modification 700 -Amendments 701 -Records 702 -Preventive Remedies 703 -Enforcement Remedies 704 -Modification of Regulations 705 -Conflict 706
-Failure to Complete Improvements 707 -Appeals 708 -Interpretation 709 -Validity 7 10 -Repealer 71 1 -Effective Date Article 8 -Definitions 800 -General Interpretations 80 1 -Meaning
of Words ~ Page 34 Page 34 Page 35 Page 35 Page 35 Page 39 Page 39 Page 41 Page 44 Page 45 Page 46 Page 47 Page 47 Page 47 Page 49 Page 50 Page 52 Page 52 Page 54 Page 54 Page 54 Page
55 Page 55 Page 56 Page 56 Page 56 Page 56 Page 56 Page 56 Page 56 Page 57 Page 57 FANNETT TOWNSHIP ORDINANCE 2 -2002 ENACTED JULY 1 I , 2002 Page 2 ~~ ~~
Appendices Appendix A: Fees Appendix B-Street Specifications Appendix C: Subdivision and Land Development Application Form Appendix D: Preliminary Plan Checklist Appendix E: Final Plan
Checklist FANNETT TOWNSHIP ORDINANCE _2__-2002 ENACTED JULY 11,2002 Page 3
Article I -General Provisions 101 -Short Title This Ordinance shall be known and may be cited as "The Fannett Township Subdivision and Land Development Ordinance." 102 -Purpose The purpose
of this Ordinance is to: A. Protect and promote the safety, health and general welfare of the citizens of Fannett Township. B. To encourage the conservation of open lands, such as: woodlands,
steep slopes, streams, floodplains and wetlands. C. To protect areas of the Township with productive agricultural soils for continued or future agricultural use. D. To provide for efficient
and orderly extension of community services and the coordination of existing streets and public utilities with new facilities. E. To assist in the orderly, efficient and integrated development
of land and related community faci I i ties. F. To provide uniform standards and procedures to secure equitable handling of all subdivision plans. 103 -Authority and Jurisdiction The
authority of the Board of Township Supervisors to adopt this Ordinance regulating subdivision and land development within Fannett Township is granted by Article V of the Pennsylvania
Municipalities Planning Code of July 3 1, 1968, Act No. 247, as amended. As a result, no subdivision or land development of any lot, tract or parcel of land shall be made, no streets,
sanitary sewer, storm sewer, water main or other improvements in connection therewith shall be laid out, constructed, opened or dedicated for public use or travel, or for the common
use of occupants buildings abutting thereon, except in accordance with the provisions of this Ordinance. 104 -Interpretation The provisions of this Ordinance shall be interpreted to
be the minimum requirements to meet purposes of the Ordinance. Where the provisions of this Ordinance conflict or are inconsistent with the provisions of any other regulation or requirement,
the more restrictive provisions in question shall apply. FANNETT TOWNSHIP ORDINANCE 2 -2002 ENACTED JULY 1 1,2002 Page 4
105 -County Review Three copies of applications for subdivision and/or land development approval within Fannett Township shall be forwarded upon receipt to the Franklin County Planning
Commission for review and report. 106 -Municipal Liability The grant of a permit or approval of a subdivision and/or land development plan shall not constitute a representation, guarantee,
or warranty of any kind by the Township or by any official or employee thereof of the practicability or safety of the proposed use and shall create no liability upon the Township, its
officials or employees. 107 -Effective Date, Jurisdiction and Repealer A. This Ordinance shall become effective in accordance with the law and shall remain in effect until modified or
rescinded by the Board of Township Supervisors. This Ordinance shall supersede and replace all other conflicting regulations issued by the Township previous to the approval date of this
Ordinance. No applicable land development or subdivision of land shall occur in ' Fannett Township except by the provisions of this Ordinance. Compliance with this Ordinance does not
release any party from compliance with other applicable local, county, state or federal laws or regulations. B. Should any portion of this Ordinance be declared by the courts to be unconstitutional
or invalid, such decision shall not affect the validity of the Ordinance as a whole, nor the validity of any other section or provision of the Ordinance, other than the one so declared.
108 -Copies Copies of the Fannett Township Subdivision and Land Development Ordinance shall be made available to the general public at a fee adequate to compensate the Township for the
cost of reproduction. FANNETT TOWNSHIP ORDINANCE 2 -2002 ENACTED JULY I I, 2002 Page 5
Article 2 -Plan Submission Procedure The following procedures shall be observed by all developers. 201 -Contents of Application An application shall be submitted with all subdivision
and land developments. An application packet, original plus four (4) copies, containing the following information and materials shall accompany all applications for plan approval: A.
B. C. D. E. F. G. H. 1. J. K. Name and signature of applicant. Tax Parcel Number of tract. Acreage of tract. Acreage of land and number of lots prepared for: 1. Residential lots 2. Commercial
lots 3. Industrial lots 4. Other land use (specify) 5. Streets 6. Easements 7. Open Space Date of filing of application (to be completed by Township Engineer). Other information as may
be required by the, APPROVAL BODY. Statement of intent and tentative timetable. Copies of the subdivision plan as specified in Sections 203 and 204. Description of non-buildable lands
and constrained lands, including calculations. All necessary fees in accordance with Appendix A. Copies of any other necessary state, federal, or local permits, pending approval or unfiled.
202 -Submission of Plans 202.1 General Procedure A. Applications shall be submitted to the Township Engineer no less than fifteen (1 5) 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 FANNETT TOWNSHIP ORDINANCE 2 -2002 ENACTED JULY 1 1,2002 Page 6
B. C. D. E. F. G. H. to a completeness evaluation by the Township Engineer. Incomplete applications will not be considered for further review. The Township Engineer shall state the reasons
the application is deemed incomplete to the applicant, within five (5) days of such evaluation. The APPROVAL BODY shall take action on each properly submitted application (either preliminary
or final) and communicate such action to the applicant within ninety (90) days after the first regular municipal meeting which the application was submitted, as required by Section 508
of the MPC. The APPROVAL BODY must notify the applicant in writing of their decision within fifteen (I 5) days of such action. Failure on the part of the APPROVAL BODY to comply with
these requirements shall constitute approval of the application, unless an extension of time has been mutually agreed upon in writing by the Applicant and the APPROVAL BODY. A copy of
this written action shall be forwarded to the Franklin County Planning Commission. The Township Engineer shall forward a copy of the application to the County Planning Commission, and
other review agencies within five (5) days of receipt. The initial plan filed with the Township shall be the preliminary plan. The APPROVAL BODY, may, at their discretion, combine their
preliminary plan and final plan review if the subdivision is a minor subdivision meeting the standards of Section 205 of this Ordinance, and if the submission meets all applicable plan
requirements. A conceptual sketch plan is strongly encouraged for all subdivisions. Such plans are for informal discussion only, but may avoid subsequent problems during the formal application
process. Submission of the sketch plan does not constitute formal filing, does not commence statutory review, and is not subject to statutory timeliness. 1 . Sketch Plan Meeting -During
the sketch plan process, the applicant is strongly encouraged to meet with the Planning Commission or APPROVAL BODY, to discuss the applicant's proposal and the Township's land use plans
and regulations. Township comment given during this process is advisory only and does not incur liability on any party. Fees: Fees for the review and processing of subdivision and land
development plans will be charged in accordance with Appendix A. All fees shall be paid prior to plan approval. Conditional Approval: If the preliminary or final plan is approved, subject
to conditions, then the developer shall either accept or reject such conditions in writing within a period of fifteen (I 5) days of receipt of such conditions. Any conditional approval
shall be rescinded automatically and shall become a disapproval if the developer fails to accept or reject such conditions within the specified period. 203 -PRELIMINARY PLANS A preliminary
plan is required for major subdivisions only. A major subdivision is any subdivision that does not meet the definition of a minor subdivision as contained in section 205 of this ordinance.
FANNETT TOWNSHIP ORDINANCE 2 -2002 ENACTED JULY 1 1,2002 Page 7
203.1 General Procedure A. B. C. D. Preliminary plans and supporting data shall comply with the provisions of Article IV of this Ordinance and any other applicable Articles of this or
other Township Ordinances. Six (6) copies of the preliminary plan shall be submitted to the Township Engineer by the developer. It is the responsibility of the developer to coordinate
his plans with the respective public and private utility and service agencies as set forth in these regulations prior to the submission of a preliminary plan to the Township. Approval
of the preliminary plan subject to conditions, revisions and modifications as stipulated by the APPROVAL BODY and confirmed in writing by the applicant, shall constitute conditional
approval of the subdivision as to the character and intensity of the development and the general layout and approximate dimensions of streets, lots, and other proposed features; but
shall not constitute authorization to sell lots. Agreement by the developer to any condition upon preliminary approval shall be a pre-requisite for application for a final plan. 204
-Final Plan 204.1 General Procedure A final plan is required for all subdivisions. A. B. C. A final plan with supporting data shall be submitted to the Township Engineer for final approval
within five ( 5 ) years after approval on the preliminary plan, provided that an extension of time may be granted by the APPROVAL BODY upon written request. Otherwise, the plan submitted
shall be considered as a new preliminary plan. The final plan shall conform in all respects with the preliminary plan as previously approved and shall incorporate all modifications and
revisions specified by the APPROVAL BODY in its conditional approval of the preliminary plan. Otherwise, the Plan shall be considered as a revised preliminary plan. The APPROVAL BODY
may require that any final plan, or any phase of a final plan not completed within five years from the date of preliminary approval, may require a new preliminary plan submission to
reflect changing conditions or legal requirements which may affect the subdivision or land development unless an extension of this five-year limit is granted by the Commission upon written
request. The APPROVAL BODY may permit submission of the final plan in phases, each covering a portion of the entire proposed subdivision as shown on the preliminary plan thereby excluding,
for an additional year, preliminary plan approval of the remaining portion of the proposed subdivision. FANNETT TOWNSHIP ORDINANCE 2 -2002 ENACTED JULY 1 I, 2002 Page 8
1 . The final plan and supporting data shall comply with the provisions of Article 4 of this Ordinance and any other applicable Articles of this or other Township Ordinances. Failure
to do so shall be cause for disapproval of the plan. 2. Ten (IO) copies of final plan with supporting data shall be submitted to the Township Engineer. 3. In the case of approval of
the final plan, all members of the APPROVAL BODY present shall endorse ALL copies of the final plan to that effect. One (1) copy of the endorsed final plan shall be kept by the APPROVAL
BODY and two (2) returned to the developer. D. Recording the Final Plan: The developer shall record the final plan in the office of the Recorder of Deeds of Franklin County within ninety
(90) days after the date of approval by the APPROVAL BODY. The copy of the final plan filed for recording shall be a clear and legible paper copy bearing the approval of the APPROVAL
BODY. No lots shall be sold or transferred prior to recording of the final plan. Failure to record the approved plan shall render all approvals null and void. E. Prior to the final plan
submission, the prospective developer must have complied with the planning requirements of the Pennsylvania Sewage Facilities Act as administered by the Pennsylvania Department of Environmental
Protection. It is suggested that the prospective developer consult the municipal sewage enforcement officer as to the requirements of the Act. 205 -Exceptions for Minor Subdivisions
A. Definition of Minor Subdivision: In the case of any proposed subdivision, land site, or other division of land, certain requirements of this Ordinance may be waived by the Approval
Body and the proposal deemed to be a Minor Subdivision, provided that all of the following criteria are met: B. The proposal does not involve the extension of any public facilities including:
1. New streets, access easements or any rights-of-way 2. Paving or other improvements 3. New or improved water lines, sewer lines or storm drainage 4. New or improved public facilities
or services C. The proposal does not contain any environmentally sensitive areas as defined by this Ordinance. D. The proposal does not develop more than fiifty percent (50%) of the
road frontage of the parcel. E. The proposal does not conflict with the Township or County comprehensive plan, if adopted. FANNETT TOWNSHIP ORDINANCE 2 -2002 ENACTED JULY 1 1,2002 Page
9
F. The proposal does not constitute a subdivision, re-subdivision or development of any lot, tract, parcel, site or other division of land or portion thereof which had received previous
approval as a subdivision or land development within five (5) years prior to the submission of the application. If such prior approval has taken place, all applications shall be considered
a single application for purposes of classification. If a subdivision or land development contains not more than three (3) lots, sites or other divisions of land (including residue land),
and such subdivision or land development meets criteria as stated above, then the Approval Body shall have the authority, at their discretion, to classify such subdivision or land development
as "Minor." G. Plat Details: I . Plats shall be certified by a registered land surveyor and shall show metes and bounds of the entire minor subdivision and all requirements of Section
303, Final Plan. 2. Plats shall be accompanied by a location map shown on a print of the most current USGS quadrangle covering the property. 3. All information or accompanying documentation
required shall be submitted as part of the application, along with the specified application fee. 206 -Exceptions for Replats A. The requirement calling for the submission of a Preliminary
Plan may be waived in cases involving only a replat or resubdivision of land, and where the proposal does not involve the extension of any public facilities including: 1. New streets,
access easements or any rights-of-way 2. Paving or other improvements 3. New or improved water lines, sewer lines or storm drainage 4. New or improved public facilities or services A
replat shall meet all other applicable requirements and specifications of this Ordinance. FANNETT TOWNSHIP ORDINANCE 2 -2002 ENACTED JULY I 1,2002 Page 10
Article 3 -Plan Requirements 301 -Sketch Plan A. Sketch plans should be legibly drawn on a Franklin County Tax Map or similar property line map at a scale of between one (1) inch equals
one hundred feet (l"=lOO') to one inch equals four hundred feet (1 "=400'). B. Sketch plans should include: 1. Proposed development and land uses. 2. Proposed public improvements. 3.
Any existing environmentally sensitive areas, which will constrain or limit development 302 -Preliminary Plan A. Scale: The preliminary plan shall be drawn to scale based on the following:
1 . If the average size of the proposed lots (not including residue) in the subdivision is five (5) acres or smaller, the plan shall be drawn to a scale of one (1) inch equals one hundred
(1 00) feet (1 " = 100'). 2. If the average size of the proposed lots (not including residue) in the subdivision is between five (5) acres and fifty (50) acres, the plan shall be drawn
to a scale of one inch equals two hundred feet (1 " = 200'). 3. If the average size of the proposed lots (not including residue) in the subdivision is over fifty acres, the plan shall
be drawn to a scale of one inch equals four hundred feet (1 " = 400'). B. Plan Size and Lenibilitv: 1 . The subdivision plan submitted for preliminary approval shall be a clear, legible
black-or blue-line print on white paper, or suitable equivalent. 2. Preliminary plans shall be on sheets no larger than twenty-four (24) by thirty-six (36) inches. For small subdivisions,
an alternate standard sheet size will be accepted. Final plans drawn in two (2) or more sections shall be accompanied by a key diagram showing the relative location of the sections.
C. Plan Information: The preliminary plan shall show or be accompanied by the following information: 1. Proposed subdivision name or identifying title. FANNETT TOWNSHIP ORDINANCE 2 -2002
ENACTED JULY 1 1,2002 Page 11
2. 3. 4. 5. 6. 7. 8. 9. 10. 1 1 . 12. 13. 14. North point, scale and date. A titlekertificate block, containing the following: a. Name and address of owner of property and acknowledgement
of subdivision. b. Name and seal of registered design professional responsible for the plan. c. Certificate of review by the Franklin County Planning Commission. d. Certificate of review
and approval by the APPROVAL BODY. Tract boundaries with bearings and distances and total acreage being subdivided. Existing zoning districts or if no zoning exists, Future Land Use
Plan category, as stated in a local plan (if adopted) or the Franklin County Comprehensive Plan. Contours at vertical intervals of two (2) feet or, in the case of relatively level tracts,
at such lesser interval as may be necessary for satisfactory study and planning of the tract. Areas of steep slope shall be clearly identified as moderate steep slope (1 6 -25%) and
very steep slopes (25%+). Datum to which contour elevations refer. Where reasonably practicable, data shall refer to known, established elevations. All existing watercourses, lakes or
ponds, floodways, floodplains, identified wetlands, tree masses, rock outcropping, caverns, sinkholes and other environmentally sensitive areas. All existing buildings, sewers, water
mains, culverts, petroleum or petroleum product lines, fire hydrants and other significant man-made features. All existing streets on or adjacent to the tract, including name, right-of-way
width, and pavement width. All existing property lines, easements and rights-of-way, and the purpose for which the easements or rights-of-way have been established. Location, name and
width of all proposed streets, alleys, rights-of-way, and easements; proposed lot lines with approximate dimensions; playgrounds, public buildings, public areas and parcels of land proposed
to be dedicated or reserved for public use. The names of owners of all abutting unplotted land and the names of all abutting subdivisions. Where the preliminary plan covers only a part
of the developer's entire abutting holdings, a statement on eventual development of those lands, including a sketch of prospective eventual street layout. FANNETT TOWNSHIP ORDINANCE
2 -2002 ENACTED JULY 1 1,2002 Page 12
15. Any Agricultural Security Areas, within or abutting the property. 16. Identify any areas where non-agricultural earth disturbance will occur, including estimated acreage of disturbance.
17. A map for the purpose of locating the site to be subdivided at a scale of not more that two thousand (2,000) feet to the inch (e.g., drawn on a 7.5 Minute USGS Quadrangle Map). D.
The preliminary plan shall include therein or be accompanied by: 1 . All required permits and related documentation from the Department of Environmental Protection (PA DEP) and any other
Commonwealth agency, or from the County or Township where any alteration or relocation of a stream or watercourse is proposed. 2. Documentation indicating that all affected adjacent
municipalities, PA DEP, the Department of Community and Economic Development, and the Federal Insurance Administrator have been notified whenever any alteration or relocation of a stream
or watercourse is proposed. 3. Copies of the proposed deed restrictions, if any, shall be attached to the preliminary plan. 5. Proposed cross-sections, profiles and details of any new
proposed streets, sewer or waterlines, or storm sewer facilities. 303 -Final Plan A. Plan Size and Legibility: 1. The subdivision plan submitted for final approval shall be a clear,
legible black or blueliin print on white paper, or suitable equivalent. 2. Final plans shall be on sheets no larger than twenty-four (24) by thirty-six (36) inches. For small subdivisions,
an alternate standard sheet size will be accepted. Final plans drawn in two (2) or more sections shall be accompanied by a key diagram showing the relative location of the sections.
B. Required Information: 1. The final plan shall include the following: a. Subdivision name or identifying title. b. North point, scale and date. c. Name of the record owner and developer.
2. Name and seal of the registered professional, if any, responsible for the plan. FANNETT TOWNSHIP ORDINANCE 2 -2002 ENACTED JULY 1 1,2002 Page 13
3. 4. 5. 6. 7. 8. 9. IO. 1 1 . 12. 13. 14. 15. 16. Name and seal of the professional surveyor certifying the accuracy of the plan. Boundaries of the tract, along with the location of
boundary monuments and markers, of the area being subdivided with accurate distances to hundredths of a foot and bearings to one quarter of a minute. These boundaries shall be determined
by accurate survey in the field, which shall be balanced and closed with an error of closure not to exceed one (1) foot in ten thousand ( I 0,000) feet. Street lines, lot lines, rights-of-way,
easements and areas dedicated or proposed to be dedicated to public use. The length of all straight lines, radii, lengths of curves, deflection angles, and tangent bearings for each
street. All dimensions and angles or bearings of the lines of each lot and of each area proposed to be dedicated to public use. The proposed building setback line for each lot, or the
proposed placement of each building. Location, size and invert elevation of all sanitary, storm and combined sewers and location of all manholes, inlets and culverts. All dimensions
shall be shown in feet and in hundredths of a foot. Lot numbers. Names of streets within and adjacent to the subdivision. Permanent reference monuments shall be shown. Names of any adjoining
subdivisions shall be shown. Names of the owners of any unplotted land shall be shown. Certificates -The final plan shall include thereon or be accompanied by: a. Certificate of dedication
of streets and other public property, if offered for dedication. b. Certificate for approval by the APPROVAL BODY. c. An affidavit that the applicant is the owner or equitable owner
of the land proposed to be subdivided. d. A statement duly acknowledged before an officer authorized to take acknowledgement of deeds and signed by the owner or owners of the property,
to the effect that the subdivision as shown on the final plan is made with his or their free consent and that it is desired to record the same. FATWETT TOWNSHIP ORDINANCE 2 -2002 ENACTED
JULY 1 1,2002 Page 14
e. Certification by the State Department of Environmental Protection when individual sewage disposal or water systems are to be installed as required by this Ordinance. f. Certification
that the developer has met the design and construction standards of this Ordinance. g. An affidavit from each and every utility that the easements, and proposed improvements provided
satisf) the requirements of the respective utility company and that there is both a capacity and willingness to serve the development. h. A bonafide letter from the Franklin County Conservation
District or the Department of Environment Protection stating that all requirements of the latest version of the Soil Erosion and Sedimentation Control Manual have been met by the subdivider.
i. An agreement by the developer to provide a list of applicable specified standards and improvements to purchasers, builders or their agents. C. The Final Plan shall include therein
or be accompanied by: 1. Construction plans including, but not limited to, typical cross sections, street profiles and drainage details for all streets. Such profiles shall show at least
the following: along the proposed street centerline; proposed finished centerline grade or proposed finished grade at top of curbs; sanitary sewer mains and manholes; storm sewer mains,
inlet, manholes and culverts existing (natural) grade 2. Protective covenants, if any, in form for recording. 3. Proof of approvals by all appropriate public and governmental authorities
or agencies where applicable including, but not limited to, PennDOT occupancy permits for any planned road entrances onto existing state roads or highways and permits or approvals from
the Department of Environmental Protection or other State agencies relating to sewage facilities, water obstructions, air quality, etc., as applicable. FANNETT TOWNSHIP ORDINANCE 2 -2002
Page I5 ENACTED JULY 1 1,2002
Article 4 -Design and Construction Standards All subdivisions shall comply with the standards of this Article. If such standards are replicated or are in conflict with any municipal
zoning ordinance, the zoning ordinance standards shall prevail. In addition to these, the Township may require evidence of compliance with all other municipal, county,
state or federal laws or regulations. 401 -Density Non-Buildable Areas Deduction: The following areas are regarded as non-buildable areas and shall not be considered in calculations
of minimum lot size, density or dimensions. This shall be calculated by subtracting the acreage subject to the following constraints from total acreage of the tract. 1. All lands within
the rights-of-way of planned or exiting public streets or highways, or within the rights-of-way of existing or proposed overhead utility lines. 2. All land in designated floodplain floodway.
3. All land in designated wetlands or open water. Constrained Lands Deduction: Due to geologic, topographic and hydrologic hazards, the following calculations will be made to constrained
lands. The result of the multiplication shall be then subtracted from the total acreage of the property. I . Floodplains: Multiply the non-flood way portion of the 100-year floodplain
by S O . Where floodways are not designated, the multiplier shall be .75. 2. Steep Slopes: Multiply the acreage of land with natural ground slopes exceeding twenty-five percent (25%)
by.80. 3. Moderately Steep Slopes: Multiply the acreage of land with natural ground slopes between fifteen percent (1 5%) and twenty-five percent (25%) by.60. The total number of dwelling
units (or lots in the case of single-family development) shall be determined by dividing the net lot area (total acreage less non-buildable and constrained lands) by the minimum lot
size. 402 -Lots and Blocks Residential Net Lot Yard and Height Requirements With Approved On-Lot SewerNater 45,000 Square Feet 150 Feet 30 Feet 15 Feet 25 Feet Minimum Lot Size Minimum
Lot Width (measured at front set back line) Minimum Front Yard (building set back line) Minimum Side Yard (building set back line) Minimum Rear Yard (building set back line) Accessory
Building (Such as utility sheds with non permanent Foundation) 10 Feet Maximum Lot Coverage 20% With Both Community Sewer and Water 12,500 Square Feet 80 Feet 30 Feet 10 Feet 15 Feet
40% 10 Feet FANNETT TOWNSHIP ORDINANCE 2 -2002 ENACTED JULY 1 1,2002 Page 16
Lot AveraFine: In subdivisions of ten (1 0) lots or more (excluding original or residual tract), lots below the minimum standard may be allowed provided no lot is less than twenty-five
percent (25%) below the minimum, the average of all newly created lots equals the stated minimum, and no substandard lot contains environmentally sensitive areas. Blocks: Blocks shall
be not less than six hundred (600) feet in length. In the design of blocks larger than one thousand feet (1 ,OOO), special consideration shall be given to the requirements of satisfactory
fire protection. All lots shall front on a proposed or existing public street or approved private street or private drive meeting the requirements of this Ordinance. Buildable Lots:
Lots containing any steep slope (over 15%) or floodplain (floodway and/or flood fringe) shall be enlarged so that the buildable area (free of any nonbuildable or constrained land) meets
the required lot area requirements of this section. Environmentally sensitive lands may be added to each, or every lot, deeded as a separate nonbuildable lot or unsubdivided. A deed
restriction or conservation easement shall be filed to prevent future subdivision and or development of environmentally sensitive areas. Such lands shall also show access to a public
way or easement to ensure access. Nothing in this section is meant to prevent the creation of lots of greater than the net minimum size. Flap, Lots: Flag lots are permitted in limited
cases where deemed necessary. However, no flag lot shall be more than twice the applicable minimum lot size. Depth-to-Width Ratio: The depth-to-width ration shall not exceed 4:l unless
in the case of lots of over four (4) acres in size. Lot Grading: I . Every lot shall have a building site free of hazards or environmentally sensitive areas. Said building site shall
not exceed a slope of fifteen (1 5) percent. Lots shall be graded, if necessary, to provide a building site free of environmental hazards and to provide proper drainage away from buildings
and to prevent prevent the collection of stormwater in pools. 2. Lot grading shall be of such design as to carry surface waters to the nearest practical street, storm drain, or natural
watercourse. Where drainage swales are used to deliver surface waters away from buildings, their grade shall not be less than one percent (1%) nor more than four percent (4%). The swales
shall be sodded, planted or lined as required. 3. A Grading and Drainage Plan may be required for subdivisions and land developments involving environmentally sensitive areas. 4. No
final grading, fill, or cut shall be permitted with a cut face steeper in slope than two (2) horizontal to one (1) vertical except under one or more of the following conditions: a. The
material in which the excavation is made is sufficiently stable to sustain a slope of steeper than two (2) horizontal to one (1) vertical, and a written statement of a civil engineer,
licensed by the Commonwealth of Pennsylvania and experienced in erosion control, to that effect is submitted to the Fannett Township Engineer and approved by same. The statement shall
state that the site has been inspected and that the deviation FANNETT TOWNSHIP ORDINANCE 2 -2002 ENACTED JULY 1 I , 2002 Page 17
from the slope specified herein before will not result in injury to persons or damage to property. b. A concrete or stone masonry wall with an up-slope drainage system constructed according
to sound engineering standards for which plans are submitted to the Fannett Township Engineer for review and written approval is provided. 5. The top or bottom edge of slopes shall be
a minimum of three (3) feet from property or right-ofwwa lines of streets or alleys in order to permit the normal rounding of the edge without encroaching on the abutting property. All
property lines, or right-of-way lines, where walls or slopes are steeper than one (1) horizontal to one ( I ) vertical and five (5) feet or more in height, located at the top of the
slope, shall be protected by a protective fence no less than three (3) feet in height approved by the Fannett Township Engineer. 403 -Monuments and Markers The developer shall place
permanent reference monuments or markers in all subdivisions. Monuments or markers removed during construction or grading shall be replaced at the expense of the party removing them.
Replacement shall be done by a registered surveyor. A wood monument marker approximately three (3) feet high should be placed at property comers to facilitate County addressing and tax
mapping Monuments: Monuments may be of pre-cast or site poured concrete or magnetic bars of at least onehaal (1/2) inch diameter set into concrete. In either case, monuments shall be
set a minimum of thirty-six (36) inches deep and have the top level with finished grade. Monuments shall be scored or marked to indicate the exact crossing of intersecting lines. Monuments
shall be placed at all exterior comers of subdivisions except in the case of a minor subdivision. Markers: length and set to finished grade. Markers shall be set in all new lot comers.
Markers shall consist of magnetic metal pipes or bars at least twenty-four (24) inches in 404 -Easements A. B. C. D. E. Easements, a minimum of fifteen (1 5) feet wide, shall be provided
as necessary for utilities. To the fullest extent. possible, utility easements shall be centered or adjacent to rear or side lot lines. Where a subdivision is traversed by a watercourse,
there shall be provided a drainage easement or right-of-way conforming substantially with the line of such watercourse and of fifteen (1 5) feet minimum width in order to preserve natural
drainage. There shall be no building or other permanent improvement located within an easement. Easements for the protection of environmentally areas shall be provided in conformance
with Section 4 12. 405 -Sewer Systems All subdivisions or land developments shall show evidence of an adequate sewer system to serve the needs of the proposed development. FANNETT TOWNSHIP
ORDINANCE 2 -2002 ENACTED JULY 1 1,2002 Page 18
A. On-Lot Sewage and Water Supply: 1. A PA DEP Sewage Facilities Planning Module or appropriate waiver of such, shall be submitted with the Preliminary Plan. The APPROVAL BODY shall
request the Sewage Enforcement Officer (or the local agency for enforcement of Pennsylvania Sewage Facilities Act) to make such tests as are necessary to determine the adequacy of the
proposed facilities in relation to the proposed lot size, existing grade and soil conditions. The Township shall review the findings of DEP and of any other competent Registered Professional
Engineer or authority on this matter, and shall make a final determination on the adequacy of the proposed facility. In cases where subdivision involves addition of land to an existing
lot(s) or new lots without intentions for future building or expansion of residential living quarters (dwelling), a DEP Sewage Planning Module is not necessary, provided a waiver is
submitted. 2. Where evidence indicates that the minimum lot size requirements specified in other sections of these Regulations or in any applicable zoning ordinance are not adequate
to permit the installation of individual on-lot water supply and/or sewage disposal facilities, the Township shall require that the developer request the local sewage enforcement agency
to make such tests as are necessary to determine the adequacy of the proposed facilities in relation to the proposed lot size, existing grade and soil conditions. In all such cases,
a certificate by the appropriate official of the local sewage enforcement agency indicating that the proposed facilities or DEP sewage planning module are adequate shall be a prerequisite
to final approval of the plan. B. Community Sewer Svstems: 1, All proposals for new community or public sewer systems shall be approved by the existing operating authority or agency.
Proposals for new community sewer systems will be considered where they are consistent with the County Comprehensive Plan or any adopted Township comprehensive plan or Act 537 Plan.
Evidence of the ability and willingness of the provider to serve shall be presented. 2. For areas within designated future public or community sewer service areas, subdivisions and land
developments shall be required to connect to an existing public or community sewer system if public service is available within the following distances. Size of Development or EDUs Distance
1 Unit 150 Feet 2-4 Units 200 Feet 5-1 5 Units 500 Feet 15+ Units 1,000 Feet (Measured from dwelling) 3. Capped Sewers: Where the Township has an adopted comprehensive plan or Act 537
Plan for the extension of an existing public sanitary sewer system or construction of a new public sanitary sewer system into an area that is being subdivided, and it is reasonably expected
that the area will be served by such public system within a period of five ( 5 ) years, capped sewers shall be installed to adequately serve all lots in the proposed subdivision for
later connection to the public system. FANNETT TOWNSHIP ORDINANCE 2 -2002 ENACTED JULY 1 I, 2002 Page 19
4. Location of Sewer Lines: Whenever sanitary sewers are provided they shall be located outside of the street paving as is reasonably possible, and all such sewer lines shall provide
service connections to the property line of each and every lot, said service connections being properly capped. 5. Type of Sewer System: a. All sewer systems shall be constructed according
to the requirements of the Pennsylvania Department of Environmental Protection. b. No combined sanitary and storm sewer systems will be permitted. 6. Manholes: Sanitary sewer manholes
will be provided at all changes in grade and direction and in no instance shall the distance between said manholes exceed five hundred (500) feet. 406 -Water Systems All subdivisions
and land developments shall show evidence of adequate water systems to serve the needs of the proposed development. A. On-Lot Water Systems: For major subdivisions and major land developments,
a hydrologic study may be required to show adequate uncontaminated subsurface water resources. If there are areas within a one half (I /2) mile radius of the proposed subdivision with
documented water problems, or areas of shale surface geology, or presence of known sources of contamination or documentation of water problem areas in a local comprehensive plan or water
supply plan. By Community Water Systems: 1. All proposals for new community or public water systems shall be approved by the existing operating authority or agency. Evidence of the ability
and willingness of the provider to serve shall be presented. 2. For areas within designated future public or community water service areas, subdivisions and land developments shall be
required to connect to an existing public or community water system if public service is available within the following distances: Size of Development or EDUs Distance (Measured from
dwelling) 1 Unit 150 Feet 2-4 Units 200 Feet 5-15 Units 500 Feet 15+ Units 1,000 Feet C. Design Standards for Public Water Systems: Public water systems shall meet the design criteria
set forth by the applicable provider. However, in no case shall fire hydrants be placed further than one thousand (1,000) feet from any lot. 1. Capped Water Lines: Where the Township
has an adopted comprehensive plan or public water supply plan for the extension of an existing public water system or construction of a new public water system into an area that is being
subdivided, and it is reasonably expected FANNETT TOWNSHIP ORDINANCE 2 -2002 ENACTED JULY 1 1,2002 Page 20
that the area will be served by such public system within a period of five (5) years, capped water lines shall be installed to adequately serve all lots in the proposed subdivision for
later connection to the public system. 2. Location of Water Lines: Whenever water lines are provided they shall be located outside of the street paving and on the opposite side of the
street from the sanitary sewer drains, as is reasonably possible, and all such lines shall provide service connections to the property line of each and every lot, said service connections
being properly capped. 407 -Design Standards for Streets: All new streets shall meet the following standards: A. Private driveways shall be permitted if they serve no more than two (2)
lots. B. Private streets shall be permitted if they serve no more than three (3) lots. All private streets shall meet private street design criteria. (See Appendix B.) C. Streets for
subdivisions serving more than three (3) lots must be dedicated for public ownership and maintenance. D. Construction standards must be compliant with municipal specifications adopted
by resolution and available from the Township Engineer. E. All streets shall comply with Appendix B. 407.1 Street Rieht-of-Wav Widths: The minimum right-of-way and cartway widths for
all proposed streets shall be as set forth in Table 407. TABLE 407 -Street standards shall be based on two types of subdivisions: Type I Subdivision -A subdivision in which the lot size,
excluding any residue, is one (1) acre or greater. Type I1 Subdivision -A subdivision in which the lot size, excluding any residue, is between one (1) acre and 12,500 square feet. FANNETT
TOWNSHIP ORDINANCE 2 -2002 ENACTED JULY 1 1 , 2002 Page 2 I
SUMMARY OF REQUIRED IMPROVEMENTS AND STANDARDS Streets Minimum Cartway Width * Minimum R-0-W Maximum CUI-De-Sac Type I Type I1 20 Feet 22 Feet 50 Feet 50 Feet 800 Feet 800 Feet Length
*** Minimum CUI-De-Sac 45 Feet 45 Feet * All streets must be constructed with two (2) foot minimum shoulders on each side with full depth base and paving Turning Radii ** Paving Standards
Sidewalks Public Utilities Curbs ** The street width shall be increased to thirty-two (32) feet with paved shoulders, where onstrree parking is planned. (55 Feet R-0-W) Paved Paved Paved
Paved Optional Optional On-Lot or Public Optional Optional (55 Feet R-0-W) Minimum Either Public Water or Sewer *** The use of cul-de-sacs for ingress and egress of any proposed development
is strongly discouraged. 407.2 Arterial and Collector Streets: 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 APPROVAL BODY. All streets that are State highways shall conform to the applicable requirements of the Pennsylvania Department of Transportation. 407.3 General
Desbn: Proposed streets shall be properly related to such street plans or parts thereof as have been officially prepared and adopted by the Township and they shall further conform to
such County and State road and highway plans as have been prepared, adopted and/or filed as prescribed by law. Continuitv: The proposed street layout shall provide for the continuation
or projection of existing streets in the surrounding area unless the APPROVAL BODY deems such extension undesirable for specific reasons of topography or design. Horizontal Curve: The
maximum horizontal curve shall have a centerline radius of one hundred fifty (1 50) feet on a local street and three hundred (300) feet on a collector or arterial street. Vertical Curve:
Vertical curves shall be required at changes of grade exceeding one percent (1 %) and shall be designed in relation to the extent of the grade change and to provide the minimum sight
distances listed above. FANNETT TOWNSHIP ORDINANCE 2 -2002 ENACTED JULY 1 1,2002 Page 22
Minimum Tangent: Whenever street lines are deflected in excess of one (1) degree, connection shall be made by horizontal curves, and a minimum tangent length of fiftv (50) feet shall
be required between reverse horizontal curves. Topoyaphv: reasonable grades. Streets shall be logically related to the topography to produce usable lots and Interconnectivity: street
connections into and from adjacent areas will generally be required. Minor streets shall be laid out to discourage through-traffic, but provisions for Adiacent Access: Proposed streets
shall be extended to provide access to adjoining property where necessary. Sufficiencv of R-0-W Width: Adequate street rights-of-way shall be provided as necessary where lots in the
proposal are large enough to permit re-subdivision, or if a portion of the tract is not subdivided. Half Streets: New half or partial streets or new alleys will not be permitted, except
where essential to reasonable subdivision of a tract in conformance with the other requirements and standards contained herein and where, in addition, satisfactory assurance for dedication
of the remaining part of the street or alley can be secured. Wherever a tract to be subdivided borders an existing half or partial street, the other part of the street shall be plotted
within such tract. Dead-End Streets: Dead-end streets shall be prohibited, except as stubs to permit future street extension into adjoining tracts, or when designed as cul-de-sacs to
serve residential areas. Reserve Strim: New reserve strips, including those controlling access to streets, shall be avoided. Street Intersections: Acute Angle Intersections: Streets
shall be laid out to intersect as nearly as possible at right angles. No streets shall intersect another at an angle of less than sixty (60) degrees. Multit.de Intersections: shall be
prohibited. Multiple intersections involving junction of more than two (2) streets Sinht Triangle: from their point ofjunction shall be provided at all intersections, and no building
shall be permitted within such sight triangles. Clear sight triangles of seventy five (75) feet measured along street lot lines Off-set Intersections: To the fullest extent possible,
intersections with major traffic streets shall be located not less than eight hundred (800) feet apart, measured from centerline to centerline. Streets entering opposite sides of another
street shall be laid out either directly opposite one another or with a minimum off-set of one hundred twenty-five (125) feet between their center lines. Curb Radii: Minimum curb radii
at street intersections shall be fifteen (1 5) feet for intersections involving only minor streets, twenty-five (25) feet for intersections involving other type streets, or such greater
radius as is suited to the specific intersection. Where proposed roads intersect state highways, the minimum radius shall be forty (40) feet. FANNETT TOWNSHIP ORDINANCE 2 -2002 ENACTED
JULY I I, 2002 Page 23
Minimum right-of-way radii at street intersections shall be twenty-five (25) feet for all intersections. Where the grade or any street at the approach to an intersection exceeds seven
percent (7%), a leveling area shall be provided having not greater than four percent (4%) grades for a distance of twenty-five (25) feet measured from the nearest right-of-way line of
the intersecting street. Maximum grade: Maximum grade of streets shall be consistent with the following standards: Local Streets -10% Collector Streets -8% Arterial Streets -6% Uses
Fronting on Ma-ior Arterial Streets: 1. Service Streets: Where a subdivision fronts or abuts an arterial street, as defined in Article 8, the Township may require any of the following
measures: a. A service street approximately parallel to the major arterial street at a distance suitable for the appropriate use of the intervening land. b. Marginal access street, rear
service alleys, reverse frontage lots or such other treatment as will provide protection for abutting properties, reduction in the number of intersections with the major arterial street,
and separation of local and throughtrafffic 2. Controlled Access: Entrances and exits to non-residential subdivisions or land developments shall be designed so as not to interfere with
through-traffic in general, entrance and exit points shall not be located closer than five hundred (500) feet to one another. 3. Where a subdivision abuts or contains an existing street
of inadequate right-of-way width, additional right-of-way width in conformance with the Table in 407.1 will be required. Paving and Construction Standards: Paving and construction standards
shall be consistent with Fannett Township standards, adopted by resolution. 408 -Sidewalks and Curbs A. Sidewalks: The developer shall submit plans, profiles, cross-sections and details
for curbs and sidewalks to Fannett Township. The developer shall not initiate construction until such plans have been approved by Fannett Township and the Fannett Township Engineer,
including including any revisions required by Fannett Township and the Fannett Township Engineer. Construction of curbs and sidewalks shall be in accordance with plans that have been
approved by Fannett Township. ORDINANCE 2 -2002 ENACTED JULY I 1,2002 Page 24 FANNETT TOWNSHIP
B. Curbs: 1. Where sidewalks are installed, curbs shall be depressed at intersections to sufficient width to accommodate wheelchairs. Depressions shall be in line with sidewalks where
provided. (Note: appropriate Federal ADA standards will be used.) 2. All curbs shall be of a mountable or "Cape Cod-berm" type, unless vertical curbs are stipulated by the Township Engineer
for storm-water control purposes. All curbs shall be constructed in accordance with adopted Street Construction Specifications. 409 -Utilities Gas, electric, telephone and cable utilities
shall be located underground in subdivisions and land developments, in accordance with utility company practice and in accordance with agreements with, or as approved by Fannett Township.
All buried utilities must be installed prior to the road subbase construction. All buried utilities located within the roadway must be backfilled with the same material and compaction
requirements as specified for storm or sanitary sewer backfill within roadways. 410 -Standards for Storm Water Management: 1. 2. 3. Scope. A Storm Water Management Plan shall be required
for each subdivision or land development at both the preliminary and final plan submittal stage. As an integral part of the Storm Water Management Plan, erosion and sedimentation control
measures shall be included. For the purposes of This Section of the Ordinance, any expansion or construction which covers an area in excess of five thousand (5,000) square feet of impervious
and/or stone area shall require a Storm Water Management Plan approved by the Township Engineer in accordance with the applicable regulations of This Section. The 5,000 square foot requirement
applies to an individual large project, projects that exceed a cumulative total of 5,000 square feet after the effective date of This Ordinance, and any projects occurring after the
5,000 square foot level has been reached. Waiver. Any request for waivers of a Storm Water Management Plan shall be reviewed on an individual site basis using the criteria criteria contained
in this Section. A waiver of these Standards may be granted by the Supervisors for a development or subdivision which can be demonstrated to generate no increase in storm water runoff.
Content of Storm Water Management Plan. A. A general description of the proposed project along with a narrative of the management proposal and conclusions describing the storm water
management techniques, type of storage and conveyance facilities, and a comparison between predevelopment and postdevellopmen runoff levels. B. Project location on a 7.5 minute U.S.G.S.
Map or equivalent. C. Topographic features of this site and adjacent lands that are considered to impact upon the storm water management plan design. D. Runoff calculations for the entire
watershed and related design computations necessary to substantiate the proposed temporary and permanent Storm water management facilities. FANNETT TOWNSHIP ORDINANCE 2 -2002 ENACTED
JULY 1 1,2002 Page 25
E. Design and Specifications of temporary and permanent storm water management facilities. F. Staging or implementation Schedule for constructing the-proposed storm water control system.
G. Maintenance and ownership provisions. H. The characteristics of the subsurface strata beneath any storm water facility. The potential for the development of sinkholes and other karst-related
features shall be described. 1. Seal and signature of the registered engineer or surveyor responsible for the Storm Water Management Plan. 4. Design Standards. The design of all storm
water management facilities shall incorporate sound engineering principles and practices. The Township shall reserve the right to disapprove any design that would result in the occupancy
or continuation of an adverse hydrologic or hydraulic condition within the watershed. Computations for determining storm water runoff and for the design of storm water management facilities
for drainage areas greater than thirty (30) acres shall be based upon the soil-cover-complex method described in either-TR-55, Urban Hydrology for Small Watersheds; the United States
Department of Agriculture, Soil Conservation Service Engineering Field Manual; or the Soil Conservation Service National Engineering Handbook, Section.4. Drainage areas of less than
(30) acres or less shall be based upon the Modified Rational Procedure as described in Recommended Hydrologic Procedures for Computing Urban Runoff from Small Watersheds in Pennsylvania,
available from the Commonwealth of Pennsylvania, Department of Environmental Protection. For each area or subarea analyzed, use the same analytical method for the pre-development and
post-development conditions. The Township may require that computed existing runoff rates be reconciled with field observations and conditions. If the designer can substantiate through
actual physical calibration that more appropriate runoff and time of concentration values should be utilized at a particular site, then appropriate variations may be made upon review
and recommendation of the Township Engineer. The Storm Water Management Plan shall effectively demonstrate the control of post-development peak discharge rates to pre-development peak
discharge rates based on the following standards: A. All pre-development calculations shall be based upon existing land uses except existing agricultural uses, which shall be based on
the following land use descriptions -Cultivated Land, with Conservation Treatment -Pasture, Good Condition -Meadow, Good Condition -Farmstead Any areas existing or designed to be initially
or ultimately gravel, shale, or crushed stone shall be assumed to be impervious. Pre-development storm water runoff shall be calculated for the two-year,
five-year, ten-year, twenty five-year and fifty-year storm events. B. Release rates from storage structures shall be based on the runoff from the two-year, five-year, ten-year, twenty
five-year and fifty -year pre-development storm events. FANNETT TOWNSHIP ORDINANCE 2 -2002 ENACTED JULY I 1,2002 Page 26
C. Storage structures shall be designed such that the post development two-year, five-year, tenyeea and 25-year discharges from the primary outlet structure will not exceed the predevellopmen
two-year, five-year ten-year, and twenty five year peak discharges. D. All storage structures shall be designed with emergency spillways. The minimum design capacity of the emergency
spillways shall be the 50 year post-development peak discharge while maintaining a minimum 1.0 foot freeboard. Basins shall be kept in a maintainable condition with a minimum bottom
slope of one ( I ) percent. Paved or concrete low flow channels are recommended in detention basins to completely drain them and to carry low flows from inflow culverts to the principal
spillway. With low flow channels, the minimum bottom slope of the basin shall be one-half (0.5) percent. E. Culverts, pipes, and other water carrying structures shall be designed to
handle the peak discharge from the twenty five-year post-development storm event. All culverts and pipes installed under Township roads or roads proposed for dedication to the Township
shall be constructed of reinforced concrete. F. The Storm Water Management Pian shall include calculations indicating velocities of flow, grades, sizes, and capacities of water carrying
structures, debris or sediment basins, and retention and detention structures and sufficient design information to construct such facilities. G. Storm water runoff calculations using
the rational method shall be based on the following sixty (60) minute rainfall intensities: Design Storm Frequency (years) 2 5 10 25 50 100 Rainfall Intensity (inches per hour) Storm
water runoff calculations using the soil-cover-complex method sha following twenty-four (24) hour storm event rainfall depths: 1.28 1.99 2.29 2.78 3.17 3.53 I be based on 1 Design Storm
Frequency Rainfall (Years) (inches) 2 2.9 5 3.9 10 4.8 25 5.1 50 5.9 100 6 H. Minimum permitted velocities are as follows: 1. Three (3) feet per second where only sparse vegetation care
be established. FANNETT TOWNSHIP ORDINANCE 2 -2002 ENACTED JULY I 1,2002 Page 27
2. Four (4) feet per second under normal conditions where vegetation is to be established by seeding. 3. Five (5) feet per second where a dense, vigorous sod can be quickly established
or where water can be temporarily diverted during establishment of vegetation. 4. Six (6) feet per second where well established sod is in existence. 5. For lined water carrying channels,
the following velocities are required: a. Six (6) inch rock rip-rap -Up to six (6) feet per second. b. Nine (9) inch rock riprap -Up to eight (8) feet per second. c. Asphalt -Up to seven
(7) feet per second. d. Durable bedrock -Up to eight (8) feet per second. e. Twelve (1 2) inch rock riprap -Up to nine (9) feet per second. f. Concrete or steel -Up to twelve (1 2) feet
per second. g. The normal maximum velocity of open channel flows shall not exceed ten (1 0) feet per second I. Energy dissipaters shall be placed at the outlets of all pipes where flow
velocities exceed maximum permitted channel velocities, J. Vertical pipes, inlets, and other surface water receiving structures shall be installed with trash racks. K. Storm water runoff
channels shall be designed and installed to avoid trapping excess sediment. L. The use of subsurface retention, detention or infiltration S WM methods will be permitted only in areas
where the Township finds that the soils have adequate percolation rates and that the underlying geology is not susceptible to solutioning (i.e. limestone). The design calculations shall
include field testing results verifying the percolation rate and soil permeability, identification of the underlying bedrock and its depth, and a site analysis by a professional geologist
licenses in the Commonwealth of Pennsylvania discussing the characteristics of the property and any recommendations for construction. A geologic evaluation to determine susceptibility
to sinkhole formation shall also be required for detention or retention basins proposed to be located on lands underlain by limestone. The design of such facilities shall also include
measures to prevent ground water contamination and, where necessary, sinkhole formation. The Township may require the installation of an impermeable liner in detention basins. FANNETT
TOWNSHIP ORDINANCE L -2 0 0 2 ENACTED JULY I I, 2002 Page 28
5. 6. 7. M. Proposed lots or buildings adjacent to basins and significant channels shall have a finished first floor elevation of two (2) feet above the one-hundred (100) year storm
level calculated for these facilities. The plans shall explicitly indicate the minimum allowable finished first floor elevation for these lots or buildings. Erosion and Sedimentation.
Erosion and sedimentation control measures shall be in accordance with the applicable standards and specifications set forth in the latest edition of the DEP Erosion and Sediment Pollution
Control Program Manual and all other aspects of DEP Chapter 102 regulations. Areas proposed for-infiltration. B WPs shall be protected from sedimentation and compaction during construction,
so as to maintain their infiltration capacity. Infiltration BWPs shall not be constructed nor receive runoff until the entire contributory drainage area to the infiltration SWM has been
completely stabilized. Ownership and Maintenance Program. Each Storm Water Management Plan shall contain provisions which clearly set forth the ownership and maintenance responsibility
of all temporary and permanent storm water management facilities, and erosion and sedimentation control facilities, including: A. B. C. D. Description of temporary and permanent maintenance
requirements. Identification of the responsible individual, corporation, association or other entity for ownership and maintenance of both temporary and permanent storm water management
and erosion and sedimentation control facilities. Establishment of suitable easements for access to all facilities. The intent of these Regulations is to provide private ownership and
maintenance of storm water management and erosion and sedimentation control facilities. The Board of Supervisors, upon recommendation of the Township Engineer, shall make the final determination
as to the continuing maintenance responsibilities prior to final approval of the storm water management plan. The Board of Supervisors reserves the right to accept or reject ownership,
operation and maintenance responsibility for any and all proposed storm water management controls. Basic Construction Criteria. Construction standards of storm water management and erosion
control facilities shall be in accordance with the approved Plans and accompanying Specifications, if any. In addition, as-built drawings of all storm water detention, retention, collection
and conveyance facilities shall be required in accordance With Section 41 1.1 of This Ordinance. The construction details and standards of the following publications in their most recent
revision shall be acceptable: A. DEP Erosion and Sediment Pollution Control Program Manual and all other aspects of DEP Chapter 102 regulations; and B. PennDOT, Form 408, Specifications;
and C. PennDOT, RC Series, Roadway Construction Standards. FANNETT TOWNSHIP ORDINANCE 2 -2002 ENACTED JULY I 1,2002 Page 29
41 1 -Erosion Control Every subdivision and land development shall provide proper measures to control soil erosion and sedimentation. A copy of a Soil Erosion and Sedimentation Control
Plan shall be submitted with all major subdivision plans regardless of the requirement for an NPDES permit. All subdivisions involving a statutory earth disturbance requiring an NPDES
permit shall have a Soil Erosion and Sedimentation Control Plan and/or permit, prepared in accordance with current State law (Erosion and Sedimentation Control, Chapter 102, Pennsylvania
Rules and Regulations, as amended), which shall be reviewed and approved by the Franklin County Conservation District. Fannett Township may also require a like plan for any minor subdivision.
The plan shall be fully implemented during the construction of the development. 1. EROSION AND SEDMMNTATION CONTROL STANDARDS AND SPECIFICATIONS The measures used to control erosion
and reduce sedimentation shall as a minimum meet the erosion and sediment controls and specifications as set forth in the latest edition of the DEP Erosion and Sediment Pollution Control
Program Manual and all other aspects of DEP Chapter 102 regulations as adopted by the Township Supervisors by this Ordinance as the Township standards and specifications. The Township
Engineer, or other officials as designated, shall ensure compliance with the appropriate specifications, and Provisions. 412 -Environmentally Sensitive Areas Environmentally sensitive
areas shall be protected from inappropriate development through easement, deed restriction and/or donation to an appropriate conservation organization. 413 -Street Naming and Addressing
Street names shall be proposed for each new street and submitted to the Franklin County Planning Commission for review and approval. Continuations of existing streets shall be known
by the same name. Names for new streets shall not duplicate or closely resemble names of existing streets 414 -Signs The developer shall install traffic control and street signs in conformance
conformance with this Section. A. Design and placement of traffic signs shall follow the requirements specified in the Manual on Uniform Traffic Control Devices for Streets and Highways,
published by the U.S. Department of Transportation. B. Street name signs shall be placed at each intersection. The design of street name signs should be consistent, of a style appropriate
to the Township, of a uniform size and color, and erected in accordance with municipal standards. C. Parking regulation signs shall be placed along roadways within the right-of-way in
areas that restrict parking. FANNETT TOWNSHIP ORDINANCE -2_2002 ENACTED JULY 1 1,2002 Page 30
D. Site information signs in planned residential developments shall follow a design theme related and complementary to other elements of the overall site design. 415 -Traffic Impact
Studies 1. Uses Remiring a Traffic Studies At the time of any required preliminary plan submittal for any of the following under the Township Subdivision and Land Development Ordinance,
the applicant shall submit a traffic study and a written report, when: A. Fifty (50) or more dwelling units are proposed. B. More than 20,000 square feet* of total floor area of commercial
space. C. More than 30,000 square feet* of total floor area of office space. D. Any truck terminal, or more than 60,000 square feet* of total floor area of industrial space. E. More
than 30,000 square feet* of total floor area of institutional space. F. Any use or combination of uses that would generate results greater than 1,500 trips per day. G. Any use or combination
of uses that, in the opinion of the Township Supervisors, would result in traffic impacts of of such significance to warrant the preparation and review of a traffic impact study. *The
above referenced square footage requirements apply to individual large projects, projects that exceed a cumulative total of the specified area after the effective date of This Ordinance,
and any projects occurring after the specified area levels have been reached. 2. Scope of the Studv Such a traffic study shall meet the requirements set forth below: A. Costs. The full
costs of completing the study and of a review by the Township Engineer or other Township representative shall be borne by the applicant. B. Selection of Engineer. The Board of Supervisors
shall provide a list of four or more persons or firms that are qualified traffic engineers or traffic planners. The applicant shall select one of the persons or firms from this list.
C. Studv Area.. Prior to initiation of the traffic study, the traffic engineer or planner shall meet with the Board of Supervisors to establish the area to be studied. This area shall
be limited to streets and intersections within a maximum of one mile of the proposed project boundaries. If no arterial or collector road is located within one mile of the proposed project
boundaries, the study area shall be expanded to include those areas between the proposed project boundaries and the nearest collector or arterial road. FANNETT TOWNSHIP ORDINANCE 2 -2002
ENACTED JULY 1 1,2002 Page 3 1
D. Joint Studies. Joint traffic studies between different applicants are strongly encouraged. If a recent and relevant study is available, that information may be used if applicable
as a basis for this required study. E. Fees. In place of individual traffic studies, the Board of Supervisors may require that an applicant provide a fee in lieu of a study. This fee
shall only be used towards the costs of traffic studies sponsored by the Township. Any such fee shall be established by resolution or ordinance of the Board of Supervisors. F. Proiect
Description. Any study shall include a description of the proposed development, its proposed access, and the surrounding street system. If a development is proposed to occur in stages,
each stage shall be described and taken into account in the study. If the applicant owns other lands within the study area, reasonable assumptions shall be made about how that land can
be expected to be developed, and shall be taken into account. G. Existing Traffic Conditions. The traffic volumes and service levels during the a.m. and p.m. peak hours shall be presented
for all streets and intersections in the study area that can be expected to be significantly impacted. Traffic volumes shall be based upon actual counts that occurred within the prior
two years and not upon State estimates. The locations of all accidents reportable to the State Police within the study area during a recent two-year period shall be noted. H. Expected
Traffic Generation. The study shall include an estimate of the number of trips expected to be generated by the use and any future stages during the a.m. and p.m. peak hours. Such estimates
shall be based upon the latest published estimates of the Institute of Transportation Engineers, or its successor entity. I. Pro-iected Effects. The study shall take into account not
only the use proposed by the applicant, but also other uses and developments that have received building permits or preliminary subdivision or land development approval from a municipality.
The study shall project am. and p.m. peak hour traffic volumes and levels of service on impacted intersections and streets. If the traffic generation by the development would be more
than 30 percent greater during any hour other than the am. or p.m. peak hours on adjacent streets, the study shall analyze both the peak hours for the development and for adjacent streets.
The study shall project what directions the traffic generated will head towards. J. Levels of Service. The study shall use the description of the levels of service (A, B, Cy D, E and
F) for streets and highways established by the U.S. Department of Transportation. 416 -Driveways A driveway is a right-of way leading off a Township road. 1. A permit must be requested
from Fannett Township Board of Supervisors. 2. A Permit will be reviewed at the next regular Township meeting 3. On approval from the Board, the following requirements must be met. FANNETT
TOWNSHIP ORDINANCE 2 -2002 ENACTED JULY 1 I , 2002 Page 32
a. Sight distance must be a minimum of 100 feet in both directions. b. The toe of the driveway shall be a minimum of 13 feet from the center of the Township road with an exception if
there is a water drainage ditch on the edge of the roadway. In that case, a pipe may need to be installed in alignment with water drainage ditch. c. When a pipe is required, the landowner
is responsible to pay the cost of pipe and stone for the backfill. The Township shall install the pipe at no cost to the landowner. d. Pipe may be furnished by the landowner, on approval
by the Board of Supervisors. The minimum pipe size shall be fifteen (15) inches. Steel pipe, plastic pipe and concrete pipe may be used. e. Residential driveways shall not exceed sixteen
(16) feet in width, and at no time shall there be water running off the driveway onto a township road. f. It is the responsibility of the landowner to maintain the pipe and to keep it
cleaned. g. A "tee" turnaround shall be incorporated in the driveway design to facilitate the the ingress and egress from the driveway onto the public streets. FANNETT TOWNSHIP ORDINANCE
2 -2002 ENACTED JULY 1 I , 2002 Page 33
Article 5 -Land Development Standards 501 -Jurisdiction A. Jurisdiction: Developments classified as land developments under the Pennsylvania Municipalities Planning Code are subject
to regulation under this Ordinance. The design and construction standards in this Ordinance are applicable to land development, as such standards are appropriate. In land development,
there is not necessarily a division of land typical of land subdivision actions, although buildings and/or use areas may be sold at the time of development or at some future time. Land
developments must meet all applicable standards for subdivisions contained within this Ordinance. In addition, it shall be unlawful for an applicant to construct land developments as
defined herein without complying with these additional requirements. Specific land development types are covered in subsequent articles. 502 -Procedures for All Land Developments A.
In processing a land development, the three-stage procedure established in this Ordinance for land subdivisions shall be used: Sketch Plan (not mandatory), Preliminary Site Plan, and
Final Site Plan stages. Unless stated otherwise in standards for particular land developments, the land development shall be processed, and submission requirements shall be the same
as that required for a major subdivision. In the event that subdivision and land development activities are concurrent and the proposed Plan can meet all applicable standards, a combined
Subdivision and Land Development Plan may be submitted. B. Unless otherwise noted, the processing requirements, drawing size, certifications, acknowledgments, number of copies, etc.
for submission of Land Development Site Plans shall be the same as for a major subdivision, and the Final Site Plan shall be recorded in the Franklin County Recorder's Office in accordance
with Section 204.1 (D) of this Ordinance. C. Exception for Minor Land Development: The APPROVAL BODY may combine the preliminary and final plans for a land development if 1. It meets
applicable standards for a minor subdivision. 2. It does not involve a development earth disturbance of more than five (5) acres. 3. It does not involve a building of greater than twenty
thousand (20,000) square feet gross floor area or in excess of two (2) stories in height. 4. It does not meet the definition of a Mobile Home Park, Recreational Development, or Confined
Animal Feeding Operation. FANNETT TOWNSHIP ORDINANCE 2 -2002 ENACTED JULY 1 1,2002 Page 34
503 -Final Plan Review A. In addition to other final plan requirements for a major subdivision, the following items shall be included for final plan review for all land developments,
as applicable: I . Site plans, as required in this Article, engineering plans detailing the construction of all required improvements, and plans, other data information establishing
compliance with the design standards of this Article. 2. In case of multi-owner or multi-tenant developments, proof of the organization and means for management and maintenance of common
open space, parking and other common utilities or improvements, Instruments demonstrating creation of an association or entity or other means of assuring continuing maintenance shall
be required. 504 -Site Plan The developer shall submit a site plan in conformance with this Article. For land developments of a total development area of less than fifteen thousand (1
5,000) square feet, the site plan shall be prepared at a scale of one ( I ) inch equals fifty (50) feet. Where the total development area is less than five (5) acres, the site plan shall
be prepared at a scale of one (1) inch equals one hundred (100) feet. Where the total development area is greater than five (5) acres, the site plan shall be prepared at a scale of one
(1) inch equals two hundred (200) feet. Where it is planned that building and parking lot development will cover an area in excess of fifty thousand (50,000) square feet, combined topographic
data at two (2) foot contour intervals shall be required. In addition to the other requirements for Preliminary and Final Subdivision and Land Development Plans set forth, as applicable,
each land development site plan shall, through one (1) or more pages, show: A. Existing site conditions (topography, as needed, drainage, tree clusters, buildings, utility, streets,
and nearby properties) B. Proposed developments, parking, vehicular and pedestrian access areas, storm drainage, landscaping, utility location and size. C. Architectural plans and building
elevations, while not required are strongly encouraged as a part of plan submissions. 505 -Design Standards Land developments shall meet the following design requirements. It is recognized
by Fannett Township that the design process should be somewhat flexible, pursuant to Section 503.2(5) of the Pennsylvania Municipalities Planning Code. Unless stated otherwise in Land
Development Regulations, for specific types of land development, the following standards shall be met: A. Vehicular access connections to the surrounding existing street network shall
be safe, shall have adequate sight distances, and shall have the capacity to handle the projected traffic. B. The developer shall make satisfactory provision for the improvements necessary
to the proper functioning of the development, including but not limited to, street access signs, water supply facilities, sewage disposal facilities and stormwater management devices.
FANNETT TOWNSHIP ORDINANCE 2 -2002 ENACTED JULY 1 1,2002 Page 35
C. The development plan shall provide for adequate privacy, light, air and protection from noise through building design, street layout, screening, plantings and special siting of buildings.
D. Streets may be planned for dedication to the public or may be planned as private streets to be maintained by the developer or other association or entity. Private streets shall meet
Township standards regarding sub-grade preparation, base and surfacing construction. Off-street parking areas may be integrated with public street design and construction providing maintenance
responsibilities are mutually agreed upon. E. Service and waste storage and disposal areas for the land development shall be planned and constructed such that they are not visible from
adjacent uses. F. Building locations, areas, roadways, and driveways shall be sufficient for reasonably anticipated vehicular traffic, use and circulation. G. A parking and access plan
shall be submitted along with estimated traffic flows. The developer shall demonstrate that the proposed parking/access layout is adequate for the proposed development, based upon standard
parking capacity measurements, including number of spaces per anticipated development type. Parking standards shall be tied to the intensity, size, and specific use of the proposed land
development. The number of offstreet parking spaces required is set forth below. Where the use of the premises is not specifically listed requirements for similar uses shall apply. If
no similar uses are mentioned, the parking requirements shall be one (1) space for each two (2) proposed patrons and/or occupants of that structure. Where more than one (1) use exists
on a lot, parking regulations for each use must be met, unless it can be shown that peak times will differ. FANNETT TOWNSHIP ORDINANCE 2 -2002 ENACTED JULY 1 1,2002 Page 36
PARKING REQUIREMENTS USE OF LAND DEVELOPMENT I. Auto Sales and Service 2. Service Stations 3. Single-Family Dwelling and Duplex 4. Multi-Family Dwellings 5. Mobile Home Parks 6. Hotels
and Motels 7. Funeral Home and Mortuaries 8. Hospitals 9. Nursing Homes 10. Churches 11. Schools 12. Sports Arenas, Stadiums, Theaters, Auditoriums, Assembly Halls 13. Community Buildings,
Social Halls, Dance Hails, Clubs and Lodges 14. Roller Rinks 15. Bowling Alleys 16. Banks and Offices 17. Medical Office and Clinics 18. Dental Offices 19. Retail Stores 20. Fast FoodDrive
Thru Restaurants 21. Furniture Stores 22. Food Supermarkets 23. Trailer and Monument Sales 24. Restaurants, Taverns and Nightclubs 25. Industrial and Manufacturing Establishments, Warehouses,
Wholesale and Truck Terminals 26. Commercial Recreation ( not otherwise covered) REQUIRED PARKING 1 for each 200 square feet GFA 1 for each 200 square feet GFA 2.0 per dwelling unit
2.5 per dwelling unit * 2.0 per each space 1 per guest room ** 25 for the first parlor -10 For each additional parlor I per each bed ** 1 per each 3 beds ** 1 per each 4 seats 1 per
each teacher & staff I for each 4 classrooms + 1 for each 4 high school students 1 per each 3 seats 1 space for each 60 square feet of public Floor area I space for each 200 square feet
GFA 5 per alley 1 for each 250 square feet GFA 8 spaces per doctor 5 spaces per doctor I per each 200 square feet GFA I per each 2 patron seats ** I per each 400 square feet GFA 1 per
each 200 square feet GFA 1 per each 2,500 square feet of lot area 1 per each 2.5 patron seats 1 per employee, on the largest shift, plus 1 spare for each 10,000 square feet for visitors
1 space for every 3 persons permitted in maximum occupancy *Multi-family units devoted to the elderly shall only be required to provide one (1) parking space per unit. Such uses must
supply adequate proof they will be dedicated to elderly tenants and shall be required to follow normal parking standards if they revert to non-elderly use. **Plus one ( 1 ) space per
employee and staff on major shift. Note: GFA means gross floor area FANNETT TOWNSHIP ORDINANCE 2 -2002 ENACTED JULY 1 1,2002 Page 37
H. I. J. K. L. M. N. 0. Size and Access: Each off-street parking space shall have a uniform area of one hundred eighty (1 80) square feet, being at least ten (1 0) feet wide and eighteen
(1 8) feet long. These uniform sizes shall be exclusive of access drives or aisles, and shall be in usable shape and condition. Except in the case of single-family dwellings, no parking
area shall contain less than three (3) spaces. Parking areas shall be designed to provide sufficient turnaround area so that vehicles are not required to back onto public streets. Where
an existing lot does not abut on a public or private street, alley or easement of access, there shall be provided an access drive leading to the parking or storage areas or loading spaces.
Such access drive shall be consistent with requirements for private streets. Access to off-street parking areas shall be limited to well-defined locations, and in no case, shall there
be unrestricted access along a street. Stormwater Control: Land developments with lot coverage of greater than forty thousand (40,000) square feet shall meet the following standard for
storm water management: 1. Minimum planting strips of ten (1 0) feet between the parking lot and all lot lines to be planted with one (1) hardwood or coniferous tree per each four (4)
parking spaces or combination thereof. Trees that die shall be replaced annually. At time of planting, trees shall be a minimum of six (6) feet in height and of species recognized as
hardy for urban use. Eight percent (8%) of the total interior space shall be devoted to interior planting strips to be maintained in trees, shrubbery, annual plants or similar pervious
dust and mud free material. Curbing shall be designed to promote the flow of runoff into planted areas. For multi-building land developments, a complete landscaping plan shall be submitted
that includes a complete landscape plan for the site in addition to any required landscaped transition to adjoining properties or storm water and screening planting. Landscape treatment
shall be provided to enhance architectural features, manage storm water runoff, strengthen vistas and important axis, or provide shade. For multi-building
land developments, a complete pedestrian circulation plan shall be submitted by all developers indicating the safe and efficient movement of people within and through the site. All
traffic; parking and pedestrian plans shall be completed using such standard resource criteria as provided by the American Planning Association or the Institute for Traffic Engineers.
Exterior lighting, when used, shall be of a design and size compatible with adjacent areas and in accordance with the standards of the Illuminating Engineer Society. Generally, lighting
shall be designed to minimize glare to adjoining properties, especially residential areas. Water and sanitary sewer service shall be provided by the respective water and sewer providers
in accordance with local standards and requirements. Gas, electric, telephone and cable utilities shall be located in land developments in accordance with utility company standards and
requirements. All such utilities shall be underground. All land developments required to submit plans for approval by the Pennsylvania Department of Labor and Industry shall show evidence
of approval by the Department. ORDMANCE 2 -2002 ENACTED JULY 1 1,2002 Page 38 FANNETT TOWNSHIP
506 -Assurance for Completion and Maintenance of Improvements A. Acceptance of Improvements: Insofar as the land development involves the lease or rental of buildings and/or space on
the site and site improvements (such as streets, parking areas and storm water drainage devices), which are to be privately maintained or maintained by a private (non-public) organization
or entity created by the developer, there is no need for municipal acceptance of the site improvements. However, in these instances, streets and storm water drainage shall be designed
and built to the standards established in this Ordinance, and the Township shall ascertain that these improvements are, in fact, built to such standards. B. Maintenance of Improvements:
Where the developer does not intend to maintain the improvement and where a homeowner's association or similar organization will not be organized for these responsibilities, the developer
will submit a plan for maintenance of such facilities. This document will be legally enforceable, one clearly establishing maintenance responsibility. Any proposed improvement to be
offered for public declaration will follow the requirements as specified by these regulations. Among other remedies to enforce this section, the Township may refuse to issue building
permits. 507 -Mobile Home Park Standards A. B. C. D. E. F. G. Applicability: All mobile home parks shall conform to the provisions of this section as well as other applicable standards
in this Ordinance. Use Regulations: The uses allowed in a mobile home park shall be as specified in the Fannett Township Zoning Ordinance, if adopted. Application Procedures: All applications
for mobile home park developments shall follow the procedures for submission of land developments found in Sections 502, 503, 504 and 505 of this Ordinance. Minimum Site Area: Each mobile
home park site shall be at least ten (1 0) acres in size. Site Location: Mobile home parks shall be located on well-drained lands free of natural or man-made hazards. Mobile home parks
shall be laid out with due consideration to natural features. No development shall occur on the floodway, wetlands or steep slopes areas. Natural drainage ways shall in no way be impaired
by development. Density: The maximum number of dwelling units permitted in a mobile home park shall be calculated on the net area by deducting non-buildable and constrained land from
the total site area in conformance with Sections 401 and 402 of this Ordinance. ClusterinP: The clustering of mobile home lots or sites is encouraged to provide for conservation of open
space, protect environmentally sensitive areas and to provide for efficient development of streets and utilities. In order to approve any cluster plan the township shall apply the following
test: The number of mobile home lots times five thousand (5,000), plus the area of common open space in square feet, shall equal at least the minimum lot standard in Section 402 of this
Ordinance for each proposed mobile home lot. FANNETT TOWNSHIP ORDINANCE 2 -2002 ENACTED JULY 1 1,2002 Page 39
H. Site Improvements and Design: Minimum site improvements for all mobile home parks shall include, but shall not be limited to, the following: 1. Minimum Mobile Home Lot: No mobile
home lot shall be less than eight thousand (8,000) square feet. However, the lot shall be large enough to meet yard and parking requirements. Mobile home lots shall not be located in
environmentally sensitive areas as defined in this ordinance. Each mobile home lot shall contain a mobile home stand, which shall be improved with concrete columns or slab to provide
an adequate foundation for the placement of a mobile home, securing the structure against uplift, sliding or rotation. Each mobile home shall be provided with skirting of durable material
entirely enclosing the area beneath the mobile home. 2. Streets: All mobile home park streets shall be designed to serve only residents of the mobile home park. Such streets are and
shall remain privately owned and maintained. Each mobile home site shall be accessible from a street. Access shall be designed to minimize congestion and hazards at the entrance or exit
and allow free movement of traffic on streets within the park. a. All streets shall be improved in accordance with Section 407.1,407.2 and 407.3 of this Ordinance. Streets shall meet
minimum paving thickness, other requirements set out in this Ordinance, and the street standards adopted by resolution of Fannett Township. b. All streets within any mobile home park
shall have a paved width of not less than twelve (1 2) feet for one-way and twenty-two (22) feet for two-way. Street width shall be increased by six (6) feet if on-street parking is
permitted. All streets shall be kept free of debris or other obstructions to provide clear access for fire, police or other emergency access. If streets are proposed for dedication,
a minimum right-of-way of forty (40) feet shall be required. 2. Off-street Parking: Off-street parking shall be provided in all mobile home parks for the use of park occupants and guests.
Parking shall be located convenient to each mobile home and in no case be located more than two hundred (200) feet from the use it is intended to serve, The number and design of parking
spaces shall be in accordance with Section 505 of this Ordinance. 4. Yard Requirements: Mobile homes shall be placed off center on the lot so as to provide a larger useable open yard
space and outdoor living area on one side of the unit. No structure or mobile home shall be located at less than the following: a. Fifty (50) feet from any perimeter lot line. b. Twenty
(20) feet from any park street. c. Twenty (20) feet from any mobile home. d. Five ( 5 ) feet from any interior lot line. FANNETT TOWNSHIP ORDINANCE 2 -2002 ENACTED JULY 1 I , 2002 Page
40
5. Common Open Space: Portions of the mobile home park not developed into mobile home lots, streets, recreation areas or service buildings shall be designated as common open space. All
mobile home parks shall provide not less than ten percent (10%) of the total land area for common open space purposes. Such lands shall be improved whereby the same will be accessible
to all families residing within said tract and whereby such open space may be used for recreational purposes. Environmentally sensitive areas may either be included within individual
mobile home lots or deeded separately with appropriate deed restrictions barring future development. 6. Utility Improvements: All mobile home parks shall provide to each lot both a continuing
supply of safe and potable water as approved by the Department of Environmental Resources and a connection to a sanitary sewerage disposal facility as approved by the local sewage enforcement
agency. Electric, telephone and centralized television cable service shall also be provided and shall be buried. 7. Other Site Improvements: Each mobile home park shall provide garbage
and trash collection and disposal facilities as approved by Fannett Township, an adequate park street lighting system, and such other improvements or services as may be required in the
best interest of the public's health, safety and general welfare. 8. Screening: Buffer screening shall be provided along the perimeter of any mobile home park where the park abuts any
of the following: arterial or collector highway, commercial or industrial area, developed residential subdivision. Buffer screening shall consist of Type I screening per Section 508(H)
of this Ordinance. 508 -Commercial and Industrial Subdivision or Land Development Design Standards: A. Ap~lication:A ll commercial and industrial subdivisions shall conform with the
provisions of this Section. B. &: No commercial or land development shall occur on a lot smaller than that authorized by Section 402 of this Ordinance, following the site calculations
authorized by that section. Approval of lot or parcel size will be determined by the following factors: 1. The total area shall be sufficient to provide adequate space for off-street
parking and loading, landscaping, and other facilities C. 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.
FANNETT TOWNSHIP ORDINANCE 2 -2002 ENACTED JULY 1 1,2002 Page 41
D. Front Yard: 1. Building setback lines shall be as specified by the local zoning ordinance. If no such ordinance is in force, setback lines shall be not less than forty (40) feet.
E. Side Yard: 1. Building setback lines shall be as specified by the local zoning ordinance. If no such ordinance is in force, setback lines shall be not less than forty (40) feet, Setback
lines shall increase three (3) for every one thousand (1,000) square feet GLA above twenty thousand (20,000) square feet. F. Rear Yard: I . Building setback lines shall be as specified
by the local zoning ordinance. If no such ordinance is in force, setback lines shall be not less than forty (40) feet. G. Utilities: I . Where possible, commercial and industrial subdivisions
should be located close to public utilities. In any case, subdivisions should be provided with such utilities as are necessary to maintain adequate health standards, and to dispose of
commercial and industrial wastes. H. Location/Screening I. In general, commercial and industrial facilities should be located adjacent or close to major highways and transportation facilities.
2. Commercial and industrial subdivisions should not be located in predominantly residential areas or areas that are better suited to residential development provided that a commercial
parcel designed as an integral part of a residential subdivision will be permitted and provided that said site shall be in conformance with any zoning ordinance adopted by the Township.
3. Based upon size, commercial or industrial land developments which abut pre-existing residential development or platted residential lots shall employ the following screening: a. (Land
developments of 5-10 acres or 20,000-40,000 square feet): To consist of a double row of spruces planted at oblique lines to one another so that a continuous screen is provided. All trees
shall be a minimum of six (6) feet at the time of planting. Trees, which die, shall be replaced within six (6) months. As an alternative to the double row of Norway spruces, the developer
shall maintain a fifty (50) foot buffer yard of natural vegetation sufficient for screening. This buffer area shall not be used for parking or other uses. This buffer yard should maintain
natural vegetation unless such vegetation is considered insufficient for shade screening, storm water management or erosion control. In such case, the planting standards shall be twenty-eight
(28) conifer and eight (8) deciduous trees per each one hundred FANNETT TOWNSHIP ORDINANCE 2 -2002 ENACTED JULY 1 I , 2002 Page 42
(100) lineal feet of yard area. Trees shall be a minimum of six (6) feet at planting and replaced within six (6) months of death. b. Type 1 1 (Land developments of 1 0-plus acres or
40,000 square feet): 1) A fifty (50) foot buffer yard of vegetation sufficient to provide opaque screening during six (6) months of the year. This buffer yard shall maintain the existing
natural vegetation unless insufficient for screening or of species generally recognized as inferior for shade, erosion control, or screening. If deemed so, the developer shall maintain
a planting standard of eight (8) deciduous trees and twenty eight (28) coniferous trees per each one hundred (1 00) lineal feet of buffer yard. This buffer yard shall be in addition
to any other yard requirements listed. 2) A screening yard of Norway spruces, planted to the following standards: An initial row of trees to follow a lineal centerline with additional
rows planted at oblique angles on each side of the centerline row, sufficient to provide complete and constant opaque screening from the time of planting. This screen of plantings shall
be situated at the interior edge of the natural vegetation buffer yard and may be included in calculations of required yard areas. To further provide for the natural management of storm
water runoff, fifty percent (50%) of all hardwood trees of a minimum caliper of four (4) inches, which do not lie in buildable lot footprints or parking areas shall be preserved. c.
Type 111 (Land developments of a hazardous nature including quarries, junkyards, outside storage, towers, fuel storage or similar industrial activities): A Type I11 screen shall consist
of: 1) An opaque fence at least eight (8) feet in height. 2) A barrier fence at least ten (10) feet in height. On the outside perimeter of the fence, a ten (10) foot plant strip shall
be maintained at a planting standard of ten (1 0) coniferous and ten (IO) deciduous trees, per one hundred (1 00) feet. Trees shall be a minimum of six (6) feet tall at planting and
replaced within six six (6) months of death. I. Off-street parking areas shall maintain a planting strip of at least five (5) feet between all lot lines and the parking lot. Such planting
strip shall be suitably landscaped and maintained. At a minimum, such a planting shall consist of one (1) hardwood or coniferous tree per each four (4) parking spaces, or any combination
thereof. The balance of the planting strip may be maintained in annual plants, shrubbery or perennial grasses or similar pervious, mud and dustfrre material. Parking lots of more than
twenty thousand (20,000) square feet of impervious surface shall devote an additional eight-percent (8%) of total surface area to interior planting strips. FANNETT TOWNSHIP ORDINANCE
2 -2002 ENACTED JULY 1 1,2002 Page 43
J. Parking areas in excess of twenty thousand (20,000) square feet shall maintain easements to connect to existing or potential future lots. 509 -Recreational Campground and Recreational
Development Design Standards: A. Application: A11 recreational developments and campgrounds shall conform to the provisions of this section. Such developments shall also conform with
any zoning ordinance or master plan adopted by the Fannett Township, which is in effect at the time of submission of the preliminary plan. B. Size: The total area of any recreational
campground shall be sufficient to provide adequate facilities for the use contemplated and, in particular, to provide adequate space for off-street parking. C. Street System: 1. Traffic
movements in and out of recreational developments and subdivisions should not interfere with external traffic, nor should they create hazards for adjacent residential areas. 2. The design
of streets, service drives and pedestrian ways should provide for safe and hazard-free internal internal circulation. D. Yards: I. Front Yard: Man-made structure setback lines shall
be as specified by the local zoning ordinance. If no such ordinance is in force, setback lines shall be not less than one hundred (100) feet. 2. Side Yard: No building shall be closer
than fifty (50) feet to the nearest lot line of the unrelated property. No man-made structure or installation of any type shall be located nearer than fifty (50) feet to a lot line of
unrelated property. 3. Rear Yard: The yard requirement shall be the same as for side yards. E. Utilities and Sanitary Facilities: 1 . Any recreational development or subdivision shall
include such utilities and sanitary facilities as are necessary for the health, safety and welfare of those persons using the recreational development or subdivision. 2. Where possible,
recreational developments and subdivisions should be located so as to make maximum use of existing public utilities and sanitary facilities. Where this is not possible, the developer
must provide adequate utilities and sanitary facilities to maintain adequate health and safety standards. FANNETT TOWNSHIP ORDINANCE 2 -2002 ENACTED JULY 1 1,2002 Page 44
F. Recreational Campgrounds: Campgrounds shall be designed and constructed in conformance with this Section and applicable State regulations. Campgrounds shall meet the following requirements:
1 . No campground shall have an area of less than ten (1 0) acres. 2. Each campsite shall have an area of at least one thousand five hundred (I ,500) square feet exclusive of roadways
and parking areas, and shall have parking for one (1) automobile in addition to a tent or trailer site. At a minimum, campgrounds shall provide: back-in parking, central sanitary dump
stations, central water facilities, toilets and shower facilities. 3. 4. No campsite shall be placed closer than one hundred (100) feet to any adjacent property-line. 5. No less than
twenty percent (20%) of the gross area of the park must be improved for recreational activity of the residents of the campgrounds. G. Location: 1 . Recreational developments which are
expected to generate large traffic volumes should be located adjacent or close to major traffic streets and highways. Where this is not possible, the developer must include in his plan
sufficient major traffic streets to provide access to the development or subdivision. 2. The location of a recreational development must be in accord with any zoning ordinance or master
plan existing at the time of filing of the preliminary plan. 510 -Multi-Family Dwellings: A. B. C. D. E. Application: This section shall apply to the placement of multiple dwelling units
on a single lot, whether in a single building or multiple buildings. Exception: As authorized by the Pennsylvania Municipalities Planning Code, the conversion of an existing single-family,
detached dwelling into not more than three (3) residential units (unless such units are intended to be a condominium) shall be exempt from the requirements of this Article. The placement
of two (2) or more mobile homes on one lot shall be regulated by Section 507 of this Ordinance. Minor Land Development: For the purpose of this Article, a multifamily dwelling development
involving not more than three (3) dwelling units shall be considered a minor land development. Four (4) or more dwelling units shall be considered a major land development. Densitv:
All multiple-family dwelling land developments shall comply with all standards of Section 401 and 402 of this Ordinance. Setback: Multiple-family dwellings shall increase all side and
rear yard sizes by three (3) feet per unit. FANNETT TOWNSHIP ORDINANCE 2 -2002 ENACTED JULY 1 1,2002 Page 45
511 -Intensive Agriculture A. Application: Intensive agriculture shall be considered a land development if it involves new building or construction or the expansion of existing buildings
and meets applicable State or Federal definitions of a confined animal feeding operation or concentrated animal operation or requires the filing of a plan under the Nutrient Management
Act (3 P.S. 1701 et seq.). Intensive agriculture facilities including barns, feed lots, runs, commercial stables, and pens, shall meet the requirements of this section. B. The intensive
agriculture facility must have and be in compliance with both a Conservation Plan and Nutrient Management Plan. C. Intensive Agricultural facilities described in Section 5 1 1 A, shall
observe the following setbacks : 1. Four hundred (400) feet from a property line. D. Adequate ingress and egress shall be provided to facilitate safe movement of trucks and farm vehicles.
E. The intensive agriculture facility shall be situated on the property with regard to the dispersal of odors and minimizing impacts on neighboring properties. F. Intensive agriculture
facilities shall meet the requirements of all local and state ordinances including, but not limited to, Pennsylvania Nutrient Management Act, and the Clean Streams Act. FANNETT TOWNSHIP
ORDINANCE 2 -2002 ENACTED JULY I 1,2002 Page 46
Article 6 -Improvements Guarantees 601 -Guarantee of Improvements Installation Required A. Before approving any subdivision or land development plan for recording, the APPROVAL BODY
shall require that the Township be assured by means of a proper development agreement and performance guarantee that the improvements required by this Ordinance and the improvements
appearing on the plan will be installed in strict accordance with the standards and specifications of this Ordinance, unless: 1 . A developer chooses to install all required improvements
prior to construction of any building; in place of using performance guarantees, in which case, the Township shall, as deemed necessary, require the developer to have adequate insurance,
hold harmless agreements, an. escrow account to cover the costs of inspections and a professional estimate of the costs of the improvements (to be used to establish the amount of the
inspections escrow). B. Pumose of Securitv: The security required by this Article shall stand as security for compliance with all Township ordinances, other laws, covenants, stipulations,
conditions and rules applicable to the subdivision or land development for which it is filed. C. No construction of buildings or paving or sales of any individual lot or condominium
unit within a subdivision or land development shall take place in any subdivision unless: a) there is on file, with the Township, current duly executed and approved security, or b) all
rough grading is complete and all required public improvements, utilities, streets, drainage facilities, sewers and street lights have been completed and accepted by the APPROVAL BODY.
I 602 -Improvements to be Provided by the Applicant A. In all cases, the subdivider or land developer shall be responsible for the installation of all improvements required by this Ordinance.
B. The Township Engineer or other designee shall make such inspections of the required improvements at such intervals as may be reasonably necessary to assure compliance with this Ordinance.
The reasonable costs of such inspection shall be borne by the subdivider or land developer, making use of an escrow account. I 603 -Development Agreement A. Development Agreement Required.
1. All applicants proposing any subdivision or land development which provides for the installation of improvements required by this Ordinance or any improvements or amenities which
appear on the final plan shall be required to enter into a legally binding development agreement with the Township prior to recording of the final plan, unless the applicant agrees to
meet Section 601 concerning the construction of all improvements prior to the constriction, of any buildings or the sale of any lots or home sites. FANNETT TOWNSHIP ORDINANCE 2 -2002
ENACTED JULY 1 1,2002 Page 47
2. The development agreement shall guarantee the installation of said improvements in strict accordance with all Township requirements. 3. The final plan shall not be approved for recording
by the APPROVAL BODY prior to the execution of this agreement and the delivery of the performance guarantee. B. Terms of Development Agreement: The development agreement shall be acceptable
in legal form to the Township Solicitor and shall be acceptable in content to the APPROVAL BODY. The Township may require that a development agreement include any of the following items,
where applicable, and such additional items as are necessary to carry out this Ordinance: 1 . 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. The construction depicted on the approved plans, listed
in itemized format, including all approved streets, drainage facilities, utility lines and other improvements. A work schedule setting forth the beginning and ending dates of such work
tied to the construction of the development and provisions to allow proper inspection by by the Township Engineer. The provision of a performance guarantee for completion of required
improvements in compliance with Section 604, including a detailed breakdown of the estimated costs of the Improvements, including the total amount of the performance guarantee. Provisions
concerning the developer's responsibilities for damage to other property, including maintenance by the developer of public liability insurance for the duration of improvements construction,
with a hold harmless clause to protect the Township from liability related to such work. A copy or other evidence of such liability coverage shall be provided to the Township prior to
such work. Provisions concerning measures to prevent erosion, sedimentation and water damage to the subject and adjacent properties. Provisions for the dedication of streets, water and
sewer lines and any other easements or improvements approved to be dedicated. See Section 204 concerning the requirement for a "final" plan. Provisions for the developer to reimburse
the Township for all reasonable engineering, legal and other costs directly related to the review, construction and inspection of the proposed development and to the review and preparation
of the development agreement. Provisions concerning any violations of the development agreement. Any other lawful terms which the APPROVAL BODY may require to carry out the provisions
of this Ordinance. Sig-natures: The development agreement shall be signed by all responsible landowners and/or developers. FANNETT TOWNSHIP ORDINANCE 2 -2002 ENACTED JULY I 1,2002 Page
48
C. Ownership of Land and Guarantee: I . A certificate of ownership shall be executed in the exact name in which title is held. If the developer(s) of subdivision is someone other than
the landowner(s) of the subdivision, the developer shall also execute its affidavit, along with a security agreement. 2. Change in Ownership or Developer: Any conveyance of all or a
substantial portion of the unimproved lots or public improvements or streets of any subdivision or change in developers, whether voluntary or by action of law or otherwise, shall require
the prior approval of the APPROVAL BODY. In giving or denying said approval, the APPROVAL BODY shall require that such new landowner andor developer fully assume all applicable responsibilities
under the development agreement and post all the appropriate security agreements. D. Utilitv Agreements: If a development will connect into a public water or public sanitary sewage system,
the applicable authority, agency or company may also require separate development agreements. 604 -Performance Guarantee: The performance guarantee for completion of required improvements
shall meet he following requirements: A. Security: 1 . The guarantee shall be secured by the credit of any of the following: a. An irrevocable and unconditional letter of credit of a
Federal or State chartered lending institution, b, A restrictive or escrow account in a Federal or State-chartered lending institution, or c. Such other financial security approved by
the APPROVAL BODY (which approval shall not be unreasonably withheld), but not including a second or third mortgage on the unimproved lands. 2. Such approved security shall provide for,
and secure to the public, the completion of any improvements which may be required within one (1) year of the date fixed in the Development Schedule (see Section 603 B) for the completion
of such improvements. 3. Such financial security shall be posted with a Federally issued or State-chartered lending institution chosen by the party posting the financial security, or
such other approved entity, provided such institution or entity is authorized
to conduct such business within the State. FANNETT TOWNSHIP ORDINANCE 2 -2002 ENACTED JULY 1 1,2002 Page 49
a. The APPROVAL BODY may require that evidence be provided that such institution or entity has sufficiently adequate and secure assets to cover the security. b. The Township shall be
the authorized signatory on any account in which the escrow funds are held. B. Amount: 1 . The amount of financial security to be posted for the completion of the required improvements
shall be equal to 1 10 percent of the cost of completion estimated as of ninety (90) days following the date scheduled for completion by the developer in the official development schedule
(see Section 603.B.), and within the process for increases to cover inflation as permitted by the Pennsylvania Municipalities Planning Code. 2. The cost of the improvements shall be
established by an estimate prepared by a Pennsylvania Registered Professional Engineer, which shall be reviewed by the Township Engineer, within the arbitration process permitted by
the Pennsylvania Municipalities Planning Code. 3. If the party posting the financial security requires requires more than one (1) year from the date of posting of the financial security
to complete the required improvements, the amount of financial security may be increased by a maximum of an additional ten percent (1 0%) or each one (1) year period beyond the first
anniversary date from posting of financial security or to an amount not exceeding one hundred ten percent ( I 10%) of the cost of completing the required improvements as reestablished
on or about the expiration of the proceeding one (1) year period by using the above procedure. 4. Inspection Fees: The amount of financial security shall also include an additional five
percent (5%) of the estimated cost of completion of the work to guarantee payment of inspection fees and related engineering costs. C. Multi-Year or Multi-Stage Development-. In the
case where development is projected over a period of years, the APPROVAL BODY may authorize submission of final plans by phaseshtage of development subject to such requirements or improvement
guarantees concerning future improvements as it finds necessary for the proper functioning of each phase and for the eventual development as a whole. 605 -Approval of Improvements A.
In General: As the work of installing the required improvements proceeds, the party posting the financial security may request the APPROVAL BODY to release or authorize the release,
from time to time, portions of the financial security necessary for payment to the contractors performing the work. B. Notice by Developer of Work on Improvements: The developer or hisher
representative should provide a minimum of three (3) days' notice to the Township Engineer prior to beginning each major facet of construction, in order to allow the scheduling of inspections.
FANNETT TOWNSHIP ORDINANCE 2 -2002 ENACTED JULY 1 1,2002 Page 50
C. Engineer's Report: 1 . Within thirty (30) days of the receipt of such request, the Township Engineer shall submit a written report certifLing which improvements have been completed
in accordance with the approved plan to the APPROVAL BODY and mail a copy of such, by certified or registered mail, to the developer or hisher representative at hidher last known address.
2. This report shall be based on the inspections made according to the approved inspection schedule included in the development agreement and shall recommend approval or reject on of
the improvements, either in whole or in part. 3. If the Township Engineer finds any or all of the improvements to be not as required, helshe shall include a statement of the reasons
for recommending their rejection in the report. D. Decision bv APPROVAL BODY: I . At its first regularly scheduled meeting after receiving the Engineer's report [but not later than forty-five
(45) days, of the receipt of the request] the APPROVAL BODY shall review the Township Engineer's report and shall authorize release of an amount as estimated by the Township Engineer
fairly representing the value of the improvements completed. 2. The APPROVAL BODY shall be deemed to have approved the release of funds as requested if the APPROVAL BODY fails to act
within forty-five (45) days of receipt of the developers request. 3. Until final release (completion of all improvements), the APPROVAL BODY may require retention of a maximum of ten
percent (10%) of the cost of each completed improvement. 4. The APPROVAL BODY shall noti@the developer in writing by certified or registered mail of the decision. E. Completion of Unamroved
Improvements: The developer shall proceed to complete any improvements not approved by the APPROVAL BODY and, upon completion, request approval in conformance with the procedures specified
in Section 605. F. Final Release: 1 . When the developer has completed all of the necessary and appropriate improvements, the developer shall request final release in conformance with
the procedures specified in Section 605. See time limitations and procedures in Section 5 10 of the Municipalities Planning Code. 2. Such final release shall include all moneys retained
under Section 605.D.3. FANNETT TOWNSHIP ORDINANCE 2 -2002 ENACTED JULY I 1,2002 Page 51
G. Appeal. Nothing herein, however, shall be construed to limit the developer's right to contest or question by legal proceedings or otherwise any determination of the APPROVAL BODY
or the Township Engineer. 606 -Remedies to Effect Completion of Improvements A. Enforcement of Security: 1. In the event that any improvements which may be required have not been installed
as provided in this Ordinance or in accord with the approved final plan, or in the event of the bankruptcy of the owner or developer, the APPROVAL BODY is hereby granted the power to
elect to enforce any security posted under this Ordinance by appropriate legal and equitable remedies. a. This may include taking all actions necessary to obtain moneys under said security,
including but not limited to seizure of undeveloped lots, seizure of escrow funds, revocation of building permits and prosecution under this Ordinance. 2. Rate of Construction: Failure
of a developer to construct streets and other public improvements reasonably at the same time time or prior to the construction of the buildings served by those streets or public improvements,
and at the same rate in time at which buildings are completed, shall be a violation of this Ordinance and a cause for default of the security. B. Completion by Township: If the proceeds
of such security are insufficient to pay the cost of installing or making repairs or corrections to all the improvements covered by said security, the APPROVAL BODY may, at its option,
install part of 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: The proceeds from use of the security andor from any legal or equitable action brought against the developer
shall be used solely for the installation of the improvements covered by such security. 607 Maintenance Guarantee A. Maintenance Guarantee Required: All applicants proposing any subdivision
or land development which provides for the dedication of improvements required by this ordinance shall be required to provide a legally binding maintenance guarantee to the Township
prior to acceptance of dedication of the improvements by the Township. In most cases, this guarantee will be part of the security agreement. B. Terms of Maintenance Guarantee: The maintenance
guarantee shall be acceptable in legal form to the Township Solicitor and in content to the APPROVAL BODY, and shall include all of the following: I . That the applicant make any repair
or reconstruction of any improvement stipulated in the maintenance agreement which is specified by the APPROVAL BODY if needed FANNETT TOWNSHIP ORDINANCE 2 -2002 ENACTED JULY 1 1,2002
Page 52
because of faulty construction, workmanship, or materials, prior to acceptance of such improvement by the Township, 2. That the applicant maintain at hisher own cost all improvements
stipulated in the maintenance agreement, up to a maximum period of eighteen (19) months from the date of completion, except for any special purpose escrow or maintenance agreements required
by the Township, 3. That the applicant post financial security to secure structural integrity of said improvements as well as the functioning of said improvements in accordance with
the design and specifications as depicted on the final plan, for a maximum term of eighteen (1 8) months from the date of completion, and 4. That the developer plow snow and maintain
all streets until such time as the Township may accept such streets. C. Type of Securi& : The maintenance guarantee shall be secured by the same form of security as is permitted for
the improvements guarantees. D. Terms: Such maintenance guarantee shall be in the form approved by the the Township Solicitor and APPROVAL BODY, payable to the Township, to guarantee
the maintenance and repair of the streets and other public improvements in the subdivision or, land development for eighteen (1 8) months from the date of completion. The applicant shall
prove to the satisfaction of the APPROVAL BODY that there will be an acceptable system for the long-term maintenance of any storm water detention basins, Amount: The amount of the maintenance
guarantee shall be determined by the applicant's engineer, conditioned upon acceptance by APPROVAL BODY, but shall not exceed fifteen percent (1 5%) of the actual cost of installation
of such improvements. E. Amount: The amount of the maintenance guarantee shall be determined by the applicant's engineer, conditioned upon acceptance by APPROVAL BODY, but shall not
exceed fifteen percent (I 5%) of the actual cost of installation of such improvements. F. Release: After a maximum of eighteen (1 8) months from the date of completion of said improvements,
the Township shall release the maintenance guarantee to the developer (or party that posted the guarantee) if all improvements are in satisfactory condition, as determined by the Township.
FANNETT TOWNSHIP ORDINANCE 2 -2002 ENACTED JULY 1 1,2002 Page 53
Article 7 -Administration, Amendment and Modification 700 -Amendments The Township of Fannett of the County of Franklin may from time to time revise, modi@and amend this Ordinance by
appropriate action in accordance with the Pennsylvania Municipalities Planning Code, Act 247, as amended. 701 -Records The Township of Fannett shall maintain an accurate public record
of all plans upon which it takes action and of its findings, decision and recommendations in relation thereto. 702 -Preventive Remedies A. In addition to other remedies, the Township
of Fannett 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. The description by metes and bounds in the instrument of transfer or other documents used in the process of selling or transferring
shall not exempt the seller or transferor from such penalties or from the remedies herein provided. B. The Township of Fannett may refuse to issue any permit or grant any approval necessary
to further improve or develop or utilize any real property which has been developed or which has resulted from a subdivision of real property in violation of this Ordinance. This authority
to deny such a permit or approval shall apply to any of the following applicants: I . The owner of record at the time of such violation. 2. The vendee or lessee of the owner of record
at the time of such violation without regard as to whether such vendee or lessee had actual or constructive knowledge of the violation. 3. 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. 4. 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 or the granting of an approval to any such owner, current owner, vendee or lessee for the development of any such real property, the
Township of Fannett 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. FANNETT
TOWNSHIP ORDINANCE 2 -2002 ENACTED JULY 1 1,2002 Page 54
703 -Enforcement Remedies A. Any person, partnership or corporation who or which has violated the provisions of this Subdivision and Land Development Ordinance enacted under the Pennsylvania
Municipalities Planning Code or prior enabling laws shall, upon being found liable therefore in a civil enforcement proceeding commenced by the Township of Fannett, pay a judgment of
not more than five hundred dollars ($500.00) per violation, plus all court costs, including reasonable attorney fees incurred by the Township of Fannett 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 of Fannett 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 Ordinance
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. B. The Court of Commons Pleas, upon petition, may grant
an order of stay, upon cause shown, tolling the per deim judgment 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 Township of Fannett the right to commence any action for enforcement pursuant to this section. 704 -Modification of Regulations
A. The APPROVAL BODY may grant a modification of the requirements of one (1) or more provisions of this Ordinance if the literal enforcement will exact undue hardship because of peculiar
peculiar conditions pertaining to the land in question, provided that such modification will not be contrary to the public interest and that the purpose and intent of this Ordinance
is observed. B. C. D. E. All requests for a modification shall be in writing and shall accompany and be a part of the application for development. The request shall state in full the
grounds and facts of unreasonableness or hardship on which the request is based, the provision or provisions of the ordinance involved and the minimum modification necessary. The APPROVAL
BODY shall keep a written record of all actions on all requests for modification. The APPROVAL BODY may approve, or deny the request for modification. If the Board of Supervisors approves
the request for modification, it shall authorize the minimum modification from this Ordinance that will afford relief. Applications for modifications and variances shall be submitted
in writing by the developer at the time the preliminary plan is filed with the APPROVAL BODY. The application shall state fully the grounds and all the facts relied upon by the applicants.
FANNETT TOWNSHIP ORDINANCE 2 -2002 ENACTED JULY 1 1,2002 Page 55
F. In granting a modification of variance, the APPROVAL BODY shall record its actions and the grounds for granting the modification or variance in its minutes. A statement showing the
date that such modification or variance was granted shall be affixed to the final plan. 705 -Conflict Whenever there is a difference between the minimum standards or dimensions specified
herein and those contained in other regulations, resolutions or ordinances of Fannett Township, the highest or most restrictive standards shall govern. 706 -Failure to Complete Improvements
In the event that any improvements which may be required have not been installed as provided in this Ordinance or in accord with the approved final plan, the APPROVAL BODY shall enforce
any corporate bond or other security by appropriate legal and equitable remedies. If the 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 APPROVAL BODY mav at their option, install part of such improvements in all or part of the subdivision or
land development and may institute appropriate legal and equitable action to recover the monies necessary to complete the remainder of the 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 municipal purpose. 707 -Appeals The decision of the APPROVAL BODY with respect to the approval or disapproval of plans may be appealed directly to the
Court of Common Pleas of Franklin County not later than thirty (30) days after issuance of notice of the decision or report of the APPROVAL BODY. 708 -Interpretation In the interpretation
and the application of the provisions of this Ordinance, they shall be held to be the minimum requirements for the promotion of the health, safety, morals and general welfare. Standards
applying to commercial and industrial subdivisions shall be subject to individual review and determination in each case. 709 -Validity Should any section, subsection or provision of
this Ordinance be declared invalid by a court of competent jurisdiction, such decision shall not affect the validity of this Ordinance as a whole, or of any part thereof 710 -Repealer
All ordinances, or parts of ordinances, in conflict herewith are hereby repealed. 711 -Effective Date This Ordinance shall be effective five (5) days from the date of its adoption. FANNETT
TOWNSHIP ORDINANCE 2 -2002 ENACTED JULY 1 I , 2002 Page 56
Article 8 -Definitions 800 -General Interpretations Unless otherwise expressly stated, the following terms shall, for the purposes of this Ordinance, have the meaning indicated: words
in the singular include the plural, and the words in the plural include the singular. The word "person" includes a corporation, unincorporated association and a partnership as well as
an individual or any other legal entity, The words "shall" and "will" are mandatory; the word "may" is permissive. An "agency" shall be construed to include its successors or assigns.
Words not defined in this Article or the Pennsylvania Municipalities Planning Code (MPC) shall have the common meaning given to them. 801 -Meaning of Words: Accessorv Building A subordinate
building, incidental to, and located on the same lot as the principal building. Such buildings are utilized for purposes subordinate to and incidental to the principal building's use.
Anicultural Purposes: Any agricultural use, including farming, dairying, pasturage, horticulture, aquiculture, floriculture, viticulture, capriculture, animal and poultry husbandry and
forestry, including the harvesting of timber. Agriculture (Intensive): Any agcultural use with a concentration of animals meeting the state or federal definitions of Concentrated Animal
Feeding Operation (CAFO), 1,000 animal equivalent units per acre or Concentrated Animal Operation (CAO), 300 animal equivalent units per acre. Agricultural Securitv Areas: A deeded covenant
between landowners and the Township of Fannett. Alley: A passage of way open to public travel which affords generally a secondary means of vehicular access to abutting lots and is not
intended for general traffic circulation. Applicant: development including his heirs, successors and assigns. (MPC) A landowner or developer, as hereinafter defined, who has filed an
application for Application for Development: Every application, whether preliminary, tentative or final, required to be filed and approved prior to the start of construction or development
including, but not limited to, an application for a building permit, for the approval of a subdivision plat or plan or for the approval of a development plan, (MPC). Approval Body: The
council in cities, boroughs and incorporated towns; the board of commissioners in townships of the first class; the board of supervisors in townships of the second class; the board of
commissioners in counties of the second class through eighth class or as may be designed in the law providing for the form of government. (Def amended Dec. 14, 1992, P.L. 815, No. 13
1) (MPC) Block: A parcel of land bounded by streets, railroad rights-of-way, waterways, parks, unsubdivided acreage or a combination thereof Building : Any stricture designed or intended
for the support, enclosure, shelter or protection of persons, animals or property. FANNETT TOWNSHIP ORDINANCE 2 -2002 ENACTED JULY 1 1,2002 Page 57
Building Line: An imaginary line located a fixed distance from the front line (yard line) of the lot and interpreted as being the nearest point that a building may be constructed to
the front lot line (see Yard, Front). The building line shall limit the location of porches, patios and similar construction, steps excepted, to the face of this line. Said line is a
specified distance from, and generally, parallel to, the street right-of-way or abutting lot lines. Cartway include shoulders or surface outside the gutter line. The improved surface
of a street or alley designed for vehicular traffic. Does not Clear Sight Triangle: A triangular area of unobstructed vision at street intersections defined by lines of sight between
points at a given distance from the intersection of street centerlines. Condominium: A building, or group of buildings, in which dwelling units, offices or floor areas are owned individually,
and the structure, common areas and facilities are owned by all the owners on a proportional, undivided basis or by a separate managing entity. Cul-de-sac: A street open to traffic at
one end and terminating at the other in a vehicular turnaround. Cut: of lower elevation on the final grade. Also, the material removed in excavation. An excavation. The difference between
a point on the original ground and a designated point Department of Environmental Protection (DEP): The Pennsylvania Department of Environmental Protection, its bureaus, divisions, departments
andor agencies, as may from time to time be established, or such Department or Departments as may in the future succeed it. Detention Pond: An area in which surface water runoff is temporarily
stored pending its release at a controlled rate. Developer: landowner, who makes or causes to be made a subdivision of land or a land development. (MPC) Any landowner, agent of such
landowner or tenant with the permission of such Development: Any man-made change to improved or unimproved real estate, including but not limited to, buildings or other structures, the
placement of mobile homes, streets and other paving, utilities, storm sewers, drains, improvements to water courses, sidewalks, street signs, crosswalks, shade trees, seeding, sodding,
monuments or other property markers, water supply facilities, and sewage facilities; filling, grading, excavation, mining, dredging, or drilling operations, when conducted within the
context of subdivision or land development activities, as defined by the Pennsylvania Municipalities Planning Code. Development Plan: The provisions for development, including a planned
residential development, 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 and parking facilities, common open space and public facilities. The phrase "Provisions of the development plan," when used in this Ordinance, shall mean the written and graphic
materials referred to in this definition. Drainage: The removal of surface water or groundwater from land by drains, grading or other means, and includes control of runoff to minimize
erosion and sedimentation during and after construction or development. FANNETT TOWNSHIP ORDINANCE 2 -2002 ENACTED JULY 1 I , 2002 Page 58
Drainage Facilitv: Any ditch, gutter, culvert, storm sewer or other structure designed, intended or constructed for the purpose of carrying, diverting or controlling surface water or
groundwater. Drainage Easement: The lands required for the installation of storm water sewers or drainage ditches, or required along a natural stream or watercourse for preserving the
channel and providing for the flow of water therein to safeguard the public against flood damage. Driveway: area or private garage. A private vehicular passageway providing access between
a street and a private parking Dwelling Unit: Any structure, or part thereof, designed to be occupied as living quarters as a single housekeeping unit. Easement: including such things
as utilities and drainage. There shall be no structures on any easements granted to Fannett Township and to any officially created municipal authority. A right granted for limited use
of private land for public and quasi-public purposes Engineer: A professional engineer licensed as such in the Commonwealth of Pennsylvania. Environmentally Sensitive Areas: Environmentally
sensitive areas shall include areas with slopes of over fifteen percent (1 5%), floodway areas, unstable soils or geology, riparian buffers and wetland areas. This determination shall
be made based on information available from submitted subdivision plans, topographic maps, soils reports, the Franklin County Comprehensive Plan, Franklin County Conservation District,
United States Geologic Survey, the Pennsylvania Department of Environmental Protection or other sources. Erosion: The displacement of surface materials by the action of natural elements.
Erosion and Sediment Control Plan: A plan showing all present and proposed grades and facilities for storm water, drainage, erosion and sediment controls, and which is in accordance
with this Ordinance. Excavation: quarried, uncovered, removed, displaced,,relocated or bulldozed and shall include the conditions resulting therefrom. Any act by which earth, sand, gravel,
rock or any other similar material is dug into, cut, Fill: Any act by which earth, sand, gravel, rock or any other material is placed, pushed, dumped, pulled, transported or moved to
a new location above the natural surface of the ground or on top of the stripped surface and shall include the conditions resulting therefrom. The difference in elevation between a point
on the original ground and a designated point of higher elevation on the final grade. The material used to make a fill. Flood: A. Flood Prone Area: A relatively flat or low land area
adjoining a stream, river or watercourse, which is subject to partial or complete inundation or any area subject to the unusual and rapid accumulation or runoff of surface waters from
any source. B. Floodway: The channel of a river or other watercourse and the adjacent land areas required to carry and discharge a flood of a given magnitude. FANNETT TOWNSHIP ORDINANCE
2 -2002 ENACTED JULY 1 1,2002 Page 59
C. One Hundred (100) Year Flood: A flood having an average frequency of occurrence on the order of once in every one hundred (1 00) years, although the flood may occur in any year. D.
Regulatory Flood Elevation: The one hundred (100) year elevation based upon the information contained in the Official Flood Insurance Study, as prepared by the Federal Insurance Administration
. Gradinn and Drainage Plan: A plan showing all existing ground features and proposed grading, including existing and proposed surface and subsurface drainage facilities, described by
materials, grades, contours and topography. Gross Leasable Area: The sum of the gross horizontal areas of a building or structure (excluding vehicular parking lots) from the exterior
face of exterior
walls or from the centerline of I wall separating two buildings, but excluding any space where the floor to ceiling height is less than six (6) feet. Improvements: Those physical additions
and changes to the land that may be necessary to produce usable and desirable lots. Land Develoument: Any of the following activities: A. The improvements of one (1) lot or two (2) or
more contiguous lots, tracts or parcels of land for any purpose involving: 1. A group of two (2) or more residential or non-residential 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 2. 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;
3. See also Article I and Article V of the Pennsylvania Municipalities Planning Code. B. A subdivision of land. C. For the purposes of this Ordinance, land development does not include
development which involves: 1. The conversion of an existing single-family, detached dwelling or single-family, semi-detached dwelling into not more than three residential units, unless
such units are intended to be a condominium. 2. The addition of accessory building, including farm buildings, on a lot or lots subordinate to an existing principal building. However,
farm buildings or developments, which qualify as CAFOs are not accessory buildings and are considered land developments. FANNETT TOWNSHIP ORDINANCE 2 -2002 ENACTED JULY 1 1,2002 Page
60
Landowner: The legal or beneficial owner or owners of land including the holder of an option or contract to purchase (whether or not such option or contract is subject to any condition),
a lessee, if he is authorized under the lease to exercise the rights of the landowner, or other person having a proprietary interest in land. (MPC) Lot: and to be used, developed or
built upon as a unit. (MPC) A designated parcel, tract or area of land established by a plat or otherwise as permitted by law Lot, Area of. The total horizontal ground area of a lot
expressed in acres or square feet and computed exclusive of any portion of the right-of-way of any public or private thoroughfare, street, road, alley or easement of access of use; but
including any easement for essential service. Lot. Comer: A lot at the Junction of and fronting on two or more intersecting street rights-of-way. Lot Coverage: A measure of intensity
of land use that represents the portion of a site that is impervious (Le. does not absorb water). This portion includes, but is not limited to, all areas covered by buildings, parking
areas, driveways, roads, sidewalks, and any area of concrete asphalt, or similar impervious material. Lot, Double Frontage: A lot, which abuts streets in both the front, rear and/or
side yards. Lot, Flag: A lot which has only a narrow portion connecting a larger area to a street. Lot, Non-Conforming: A lot the area or dimension of which was lawful prior to the adoption
or amendment of subdivision regulations, but which fails to conform to the requirements of the governing ordinance in which it is located by reasons of such adoption or amendment. Lot,
Reverse Frontage: A lot extending between and having frontage on an arterial street and a local access street, and with vehicular access solely from the latter. Lot, Width of: A mean
horizontal distance between the side lot lines measured at its widest and narrowest points. Maintenance Guarantee: Any financial security, acceptable under Article V of the Pennsylvania
Municipalities Planning Code, which may be accepted by Fannett Township for the maintenance of any improvements required by this Ordinance. Maior Subdivision: Any subdivision not classified
as a minor subdivision. Marker:A metal stake pin placed to designate the boundary and comers of lots in the subdivision of land for the purpose of reference in land and property survey
and to facilitate the sale of lots. Mineral Extraction: The excavation or extraction of any earth products of natural mineral deposit, except where such excavation is for purposes of
grading a building lot or roadway or where materials are excavated from and used solely by the property owner. Mobile Home: A transportable, single family dwelling intended for permanent
occupancy, contained in one unit or in two or more 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 FANNETT TOWNSHIP ORDINANCE 2 -2002 ENACTED JULY I I , 2002 Page 61
minor and incidental unpacking and assembly operations, and constructed so that it may be used without a permanent foundation. (The term does not include recreational vehicles or travel
trailers.) (MPC) Mobile Home Lot: A parcel of land in a mobile home park, improved with the necessary utility connections and other appurtenances necessary for the erection thereon of
a single mobile home. (MPC) Mobile Home Park: A parcel or contiguous parcels of land which has been so designated and improved that it contains two (2) or more mobile home lots for the
placement thereon of mobile homes. Modification-. When a developer can show that a provision of this Ordinance would cause unnecessary hardship if strictly adhered to, and where because
of topographic or other conditions peculiar to the site, in the opinion of the Planning Commission a departure may be made without destroying the intent of such provisions, the Planning
Commission may recommend and the APPROVAL BODY may authorize a modification. Any modification thus authorized and the reasoning on which departure was justified shall be entered on the
minutes of the APPROVAL BODY. A modification applies only to the particular subdivision for which it is granted. Monument: A concrete, stone, or other permanent object placed to designate
boundary lines, corners of property, and rights-of-way of streets and utilities, for the purpose of reference in land and property survey. Mountable Curb ("Cape Cod Berm" ) A low curb
with an obtuse slope designed for vehicular crossing without discomfort or damage. Person: An individual, partnership, corporation, or other legally recognized entity. Plan, Final: A
complete and exact subdivision plan, mobile home park or site plan prepared for official recording as required by statute and this Ordinance. Plan, Preliminaw: The preliminary drawing
indicating the proposed layout of the subdivision, mobile home park or site plan to be submitted to Fannett Township for consideration, as required by this Ordinance. Plan, Sketch: An
informal plan indicating salient existing features of a parcel or development and its surroundings and general layout of the proposed subdivision. Plan. Soil Erosion and Sedimentation
Control: A plan for controlling erosion and sediment during construction which shall provide all steps, including scheduling, to assure erosion and sediment control during all phases
of construction, including final stabilization and surface treatment. Planning Code: The Pennsylvania Municipalities Planning Code, Act 247 of 1968, as amended by Act 170 of 1988 and
such other amendments to same as may be adopted from time to time. Planning Commission: The Planning Commission of Fannett Township, Franklin County, Pennsylvania. -Plat: The map or
plan of a subdivision or land development, whether preliminary or final. FANNETT TOWNSHIP ORDINANCE 2 -2002 ENACTED JULY 11,2002 Page 62
Public Grounds: Includes: A. Parks, playgrounds, trails, paths and other recreational areas and other public areas; B. Sites for schools, sewage treatment, refuse disposal and other
publicly owned or operated facilities; and C. Publicly owned or operated scenic and historic sites. Public Hearing : A formal meeting held pursuant to public notice by Fannett Township
or the Fannett Township Planning Commission, intended to inform and obtain public comment, prior to taking action in accordance with the Pennsylvania Municipalities Planning Code. (M.PC,
as amended for local usage.) Public Meeting: A forum held pursuant to notice under the Act of July 3, 1986 (P.L. 388, No. 84), known as the "Sunshine Act." Public Notice: Notice published
once each week for two (2) successive weeks in a newspaper of general circulation in the Township. 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 thirty (30) days and the second publication shall not be less than seven (7) days from the
date of the hearing. (MPC) Recreational Development: a subdivision or land development designed to provide camping, temporary parking for recreational vehicles or other active recreational
facilities. Examples of such facilities include campgrounds, resorts, swimming pools, golf courses and similar facilities. Recreational Vehicle: a vehicle primarily designed as temporary
living quarters for recreation, camping or travel, whether self-powered or towed. Examples of recreational vehicles include travel trailer, camping trailer, truck camper and motor home.
Replat: Replats involve the transfer of land between adjacent lots where no new building lot is created. No replat may create a lot in violation or this Ordinance or of any adopted Zoning
Ordinance. Replats will be considered as minor subdivisions. Reserve Striu: A narrow parcel of ground having inadequate area for building purposes separating a street or a proposed street
street from other adjacent properties. Reverse Frontage Lot: A lot extending between, and having frontage on an arterial street and a minor street, and with vehicular access solely from
the latter. Right-of-way: Land dedicated for use as a public street, alley or crosswalk, which may also be used by sewer, water, storm sewer, electric, gas, telephone and cable system(s).
Riparian Buffer: A vegetated strip of land bordering a stream which provides filtration of soil, sediments and other pollutants. Runoff. The surface water discharge or rate of discharge
of a given watershed after a fall of rain or snow that does not enter the soil but runs off the surface of the land. FANNETT TOWNSHIP ORDINANCE 2 -2002 ENACTED JULY 1 I , 2002 Page 63
Sedimentation: The process by which mineral or organic matter is accumulated or deposited by moving wind, water, or gravity. Once this matter is deposited (or remains suspended in water),
it is usually referred to as "sediment." Sewage System, Community: A system, whether publicly or privately owned, for the collection of sewage or industrial wastes of a liquid nature
from two or more lots and for the treatment or disposal of the sewage or industrial waste on one or more of the lots or at any other site. Sewage System, Individual: A system of piping,
tanks or other facilities serving a single lot and collecting, treating and disposing of domestic sewage into the soil or into waters of this Commonwealth or by means of conveyance to
another site for formal disposal. Siaht Distance: The extent of unobstructed vision, in a horizontal or vertical plane, along a street. Slope: The face of an embankment or cut section;
any ground whose surface makes an angle with the plane of the horizon. Slopes are usually expressed in a percentage based upon vertical differences in feet per one (1 00) feet of horizontal
distance. Street: Includes street, avenue, boulevard, road, highway, freeway, parkway, lane, alley, viaduct and any other ways or strips of land used or intended to be used by vehicular
traffic or pedestrians whether public or private. (MPC) Particular types of streets are further defined as follows: A. Arterial: This class of highway facility is devoted primarily to
the task of moving large volumes of comparatively high speed and long-distance traffic and performs little or no land service function. Arterial highways are defined by the Pennsylvania
Department of Transportation Functional Classification Map or shall be by traffic volume, consistent with Institute of Transportation Engineers Standard. B. Collector: This class of
road serves the internal traffic movement within the Township and connects developed areas with the arterial system. The collector system is intended to simultaneously supply abutting
property with the same degree of land service as a local street and accommodate local internal traffic movements. Collector highways are defined by the Pennsylvania Department of Transportation
Functional Classification Map or shall be by traffic volume, consistent with Institute of Transportation Engineers Standards. C. Local: The sole function of the local street is to provide
access to abutting land. Street Centerline: An imaginary line which passes through the middle of the right-of-way and the cartway simultaneously, or which is in the center of the right-of-way
in cases where the cartway is not centered in the right-of-way. Structure: water, whether or not affixed to the land. (MPC) Any man-made object having an ascertainable stationary location
on or in land or 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, transfer of ownership or building or lot development:
Provided, however, that the subdivision FANNETT TOWNSHIP ORDINANCE 2 -2002 ENACTED JULY I I , 2002 Page 64
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. (MPC)
Subdivision -Replat: The change of a lot line between two abutting existing parcels which does not create a new parcel and where such lot line change is in full compliance with this
Ordinance, the Fannett Township Zoning Ordinance and related ordinances, rules and regulations of the Township. A replat shall be treated as a minor subdivision. Substantiallv Completed:
Where, in the judgment of the Township Engineer, at least ninety percent (90%) (based on the cost of the required improvements for which financial security was posted) of those improvements
required as a condition for final approval have been completed in accordance with the approved plan, so that the project will be able to be used, occupied or operated for its intended
use. ( M W Surveyor: A professional surveyor, licensed as such in the Commonwealth of Pennsylvania. Swale: A low-lying stretch of land characterized as a depression used to carry surface
water runoff. Temporaw Turnaround: A temporary circular turnaround at the end of a road which terminates at or near the subdivision boundary bordering undeveloped land. Top Soil: Surface
soils and subsurface soils which normally are fertile soils and soil material, ordinarily rich in organic matter of humus debris. Topsoil is usually found in the uppermost soil layer
called the A Horizon. Township Authoritv: A body politic and corporate created pursuant to the Act of May 2, 1945 (P.L. 382, No. 164), known as the "Municipalities Authority Act of 1945."
(MPC) Township Engineer: A professional engineer licensed as such in the Commonwealth of Pennsylvania, duly appointed as the engineer for a township, planning agency or joint planning
commission. (MPC) Undeveloped Land: Any lot, tract or parcel of land which has not been graded or in any other manner prepared for the construction of a building or other improvement.
Utility Plan: A plan to show all existing and proposed fire hydrants, water and sewer lines, storm sewer lines, gas and electric lines, cable television facilities and street lighting.
Water Facility: Any water works, water supply works, water distribution system or part thereof, designed, intended or constructed to provide or distribute potable water. Water Survev:
An inventory of the source, quantity, yield and use of groundwater and surface water resources within Fannett Township. Watercourse: ditch for water, whether natural or man-made. A permanent
stream, intermittent stream, river, brook, creek, or a channel, drain or m: That portion of a lot which is unoccupied and open to the sky and extends from the lot line to the yard tine.
FANNETT TOWNSHIP ORDINANCE 2 -2002 ENACTED JULY 1 1,2002 Page 65
Yard Line: A line within a lot defining the minimum distance between any building or structure or portion thereof, and an adjacent lot line. Such line shall be measured at right angles
from and parallel to the corresponding lot line, Yard, Front: A yard between an adjacent right-of-way and the building line and extending for the full width of the lot. Yard, Rear: A
yard between the rear lot line and a line drawn parallel thereto at such distance therefrom, and extending for the full width of the lot. Yard, Side: An open yard space between the side
lot line and parallel thereto extending from the front lot line to the rear lot line. FANNETT TOWNSHIP ORDINANCE 2 -2002 ENACTED JULY I 1,2002 Page 66
APPENDICES Appendix A -Fees Appendix B -Specifications For Opening New Streets Appendix C -Subdivision and Land Development Application Form Appendix D -Preliminary Plan Checklist Appendix
E -Final Plan Checklist FANNETT TOWNSHIP ORDINANCE 2 -2002 ENACTED JULY 11,2002 Page 67
APPENDIX A FEES 1. Filing fees shall be paid by the applicant to the Township Secretary at the time of filing of any application. Such fees shall be as established most recently by the
Board of Supervisors by resolution. 2. Subject to the provisions of this Appendix, concerning the applic nt's payment of review and report fees, no final approval of any application
will be granted by the Township unless and until the applicant reimburses the Township for the cost and expense of the following professional services incurred by the Township, or any
agency, Commission or Board thereof, in connection with the review and approval of any plat or application, or the inspection of public improvements. A. Engineering Services B. Legal
Services C. Stenographer's Fees D. Sewage Enforcement Officer Fees All of the above fees for which the Township seeks reimbursement shall be certified by the Township Secretary to the
applicant at the time when the Township is in a position to finally approve any application or plat. Such review fees may include reasonable and necessary charges by the Township's professional
consultants, engineer or attorney, for review and report thereon to the Township. Such review fees shall be reasonable and in accordance with the ordinary and customary charges be the
Township's professional consultants, engineer or attorney to the Township when fees are not reimbursed or otherwise imposed on applicants. In the event the applicant disputes the amount
of any such review fees, the applicant shall, within fourteen (14) days of the applicant's receipt of the bill, notifjr the Township Secretary that such fees are disputed, in which case
the Township shall not delay or disapprove a subdivision or land development application due to the applicants' request over disputed fees. If, within twenty (20) days form the date
of billing, the Township and the applicant cannot agree on the amount of expenses which are reasonable and necessary, then the Township and applicant shall jointly, by mutual agreement,
appoint another professional to review the said expenses and make a determination as to the amount thereof which is reasonable and necessary. Said professional shall be of the same profession
or discipline as the consultant whose fee is being disputed. The professional so appointed shall hear such evidence and review such documentation as the professional in his or her sole
opinion deems necessary and render a decision within fifty (50) days of the billing date. The applicant shall be required to pay the entire amount determined in the decision immediately.
In the event that the Township and applicant cannot agree upon the professional to be appointed within twenty (20) days of the billing date, then, upon application of either party, the
President ORDINANCE 2 -2002 ENACTED JULY I I , 2002 Page 68 FANNETT TOWNSHIP
Judge of the Court of Common Pleas of Franklin County shall appoint such professional, who, in that case shall be neither the municipal professional nor any professional who has been
retained by, or performed services for, the Township or the applicant within the preceding five (5) years. The fee of the appointed professional for determining the reasonable and necessary
expenses shall be paid by the applicant if the amount of payment required in the decision is equal to or greater than the original bill. If the amount of Payment required in the decision
is less than the original bill by One Thousand ($1,000.00) Dollars or more, the Township shall pay the fee of the professional, but otherwise the Township and the applicant shall each
pay one-half (1/2) of the fee of the appointed professional. 3. All of the above fees, requirements, and arrangements shall be subject to revision, modification and amendment, form time
to time, by the Fannett Township Board of Supervisors, by Fee Resolution, duly adopted by the majority vote of the said Board of Supervisors at a public meeting duly convened in accordance
with the law. 4. Other Fees -Fees for all other permits required for and by Fannett Township for opening roads, connecting to sewers, building construction, etc., shall be payable to
Fannett Township and deposited with the Township Secretary. 5. In the case of a street dedication, an easement dedication, or other such dedications, the applicant at the time of application
shall agree to cover the cost of advertising the Ordinance, preparing any necessary exhibits andor legal descriptions, accepting the deed of dedication and its recording and registration
costs. FANNETT TOWNSHIP ORDINANCE 2 -2002 ENACTED JULY 1 1,2002 Page 69
Filing Fee Resolution of 2002 WHEREAS, the Township of Fannett, having adopted a Subdivision and Land Development Ordinance pursuant to the authority conferred by the Pennsylvania Municipalities
Planning Code (Act 247 of 1968 as amended); and WHEREAS, the Pennsylvania Municipalities Planning Code allows communities to establish filing fees for Subdivisions and Land Development
Plans within the community. NOW, THEREFORE, BE IT RESOLVED, that the Township of Fannett shall require a filing fee for subdivisions, land developments, and mobile home park plans as
follows. Minor Subdivisions and Minor Land Developments: $50.00 plus $5.00 per lot or building Major Subdivisions and Land Developments: Preliminary Plan $75.00 plus $10.00 per lot or
building Major Subdivisions and Land Developments: Final Plan $75.00 plus $10.00 per lot or building Mobile Home Park: Preliminary Plan $75.00 plus $5.00 per mobile home lot Mobile Home
Park: Final Plan $75.00 plus $5.00 per mobile home lot This resolution shall be effective effective as of July 16,2002. RESOLVED this day of , 2002 ATTEST: BOARD OF TOWNSHIP SUPERVISORS
Township Secretary FANNETT TOWNSHIP ORDINANCE 2 -2002 ENACTED JULY I 1,2002 Page 70
APPENDIX B SPECIFICATIONS FOR OPENING OF NEW STREETS The following specifications for new streets are required in all areas of the Township of Fannett: 1. 2. 3. 4. 5. 6. 7. There shall
be installed a base to consist of six (6) inches of compacted stone, or as an alternate four (4) inches of compacted shale and four (4) inches of compacted stone, under the paved surface
of the cartway and shoulder, and extending at least one (1) foot beyond the limit of the cartway and shoulder on each side. The shoulder shall extend on both sides of the pavement. All
stone shall be 2-A. The Township Supervisors or their representative shall approve all subbase construction prior to the application of the bituminous surfaces. The bituminous binder
shall be, ID-2 binder course, a minimum of three (3) inches compacted depth. The bituminous wearing course shall be, ID-2 wearing course, a minimum of one and one half (1-1/2) inches
compacted depth. The binder and wearing course shall be tightly rolled with an 8 to 12 Ton Roller. All pavement and aggregate materials and all road and storm drainage facility construction
shall meet the Pennsylvania Department of Transportation specifications (PUB. No. 408). Where deemed necessary by the Township, upon recommendation by the Township Engineer, the following
"Heavy Duty Specification" may be required for a Minor or Collector Street that will be subjected to frequent use by trucks or other heavy equipment or vehicles. Base: 10" 2-A Stone,
compacted Binder: 4" ID-2 Binder Course Wearing: 2" ID-2 Wearing Course Private Versus Township Road A road may be maintained as a private roadway only for up to three (3) lots. In the
event more than three lots, including existing lots, are proposed in a subdivision, which dwelling sites are to be serviced by one road, the said road servicing the proposed sites must
be approved, dedicated, and ordained as a Township Road. In any event, the right-of-way for a private road, shall be at least fifty (50) feet wide, with, in the case of a dead end condition,
an approved turn around. Should this private road be desired to become a public road at a future time, the road must meet all Township design and construction standards applicable at
that future time. Private roads as the sole means of access to and from a subdivision or land development to and from the public right-of-way are discouraged. Any application involving
such a private road shall be approved only at the discretion of the Township, and not as a matter of right on the part of the applicant. Private roads for land developments involving
multi-family dwellings or nonresiddentia uses, shall not be permitted. For subdivisions containing three (3) lots or less ORDINANCE 2 -2002 ENACTED JULY 1 1,2002 Page 71 FANNETT TOWNSHIP
existing as of the date of this Ordinance, private streets may be permitted for access to and from said lots to and from the public right-of-way, provided that only one (1) such three
(3) lot subdivision shall be permitted for any parcel of land existing as the date of this Ordinance and provided that the following requirements are met: a, All subdivision plans approved
by the Township under the provisions of this section shall include the following note and shall be subject to the conditions and restrictions specified therein: RESTRICTIONS AND/OR CONDITIONS
RELATING TO PRIVATE ROADS The following conditions and/or restrictions shall be deemed to be covenants running with the land: 1. Private rights-of-way shown on this Plan shall remain
private roads and are not being offered for dedication to Fannett Township as public roads. 2. Private right-of-way is for the common and joint use of Lots, for ingress, egress, regress
and utility locations. The owners of Lots, their heirs and assigns, shall be equally responsible for construction, maintenance, repair and snow removal of said private road. 3. The owners
of Lots, their heirs and assigns, are prohibited from creating any right or license to any adjoining landowner to use the private right-of-way for ingress, egress and regress or utility
location or for any other purpose whatsoever. 4. Legal title to the right-of-way shall be conveyed, by separate legal description, to the owner of the Lot, subject to the joint maintenance
responsibilities set forth in Note 2 hereof. All future deeds of conveyance shall describe both parcels separately and contain a reference to the limitation of use of the private right-ofwwa
as set forth in these Notes. 5. Fannett Township shall have no duty, responsibility or liability relative to construction, maintenance, repair or snow removal of said private road. 6.
No further subdivision of Lots shall be permitted unless or until the private road has been constructed and improved so as to comport in all respects with the then prevailing Fannett
Township specifications, has been properly offered for dedication to the Township by the then owner of thereof, and has been accepted by the Township as a public road of the Township.
In such event, the road shall become a public road of Fannett Township and the conditions and restrictions set forth above shall become null and void. 7. Private rights-of-way servicing
Lots shall not be used for ingress, egress and regress or utility location by any lot other than Lot. Deeds of conveyance for
all other lots in the subdivision shall specifically state this restriction prohibiting any use of the private rights-of-way for any purpose by the owners of such lots, their heirs
and assigns, while the same shall remain a private road. FANNETT TOWNSHIP ORDINANCE 2 -2002 ENACTED JULY 1 I, 2002 Page 72
b. There must be full compliance with all other applicable subdivision requirements of the Fannett Township Subdivision and Land Development Ordinance. c. All private roads must have
a minimum right-of-way width of fifty (50) feet. addition, the following specifications must be met by the owner or developer: In 1. The center of the private road must be placed on
the center of the fifty (50) feet right-of-way. 2. The cartway of the private road must be at least eighteen (1 8) feet wide. 3. When a private road enters a State or Township road,
the entrance of said private road shall be improved, as per the specifications for public street pavement contained herein, for a distance of forty-five (45) feet from the center line
of the said State or Township road. 4. When serving more than one lot, a minimum of 6" shale and 2" 2-A stone, eighteen (18) feet wide, shall be required for the entire length of the
private road. 5. All private roads shall be geometrically designed to meet the requirements of Minor Streets Streets in this ordinance. d. Dedications Whenever an applicant proposes
to establish a private road in accordance with the provisions of this Subsection (Private Roads), he shall be required to execute, acknowledge and deliver unto the Township a Private
Road Agreement to be prepared at the applicant's expense by the Township Solicitor. Upon the approval, execution, attestation and acknowledgement of such Private Road Agreement by the
Fannett Township Board of Supervisors, such Agreement shall be recorded, at the applicant's expense, together with the subdivision or land development plat. Such Private Road Agreement
shall establish the conditions under which the private road may later be offered for dedication to the Township, and shall stipulate, among other things: 1 . That the private road will
be in good state of repair and constructed in conformity with all applicable Township road specifications and requirements as of the date of the proposed dedication; 2. That an offer
to dedicate the private road will be made only for the private road as a whole; 3. That agreement to offer the private road for dedication unto the Township by the owners or purchases
of sixty (60) percent of the lots depicted in the subdivision or land development plat shall be binding upon all owners of the remaining lots; 4. That the applicant acknowledges and
agrees that the Township shall not be obligated or required, under any circumstances, to accept a dedication of the private road unto the Township as a Township Road; and FANNETT TOWNSHIP
ORDINANCE 2 -2002 ENACTED JULY 11,2002 Page 73
5. That the terms and conditions of the Private Road Agreement shall bind the applicant's heirs, personal representatives, successors, and assigns, and shall constitute and be deemed
to be a covenant running with the land. FANNETT TOWNSHIP ORDINANCE 2 -2002 ENACTED JULY 1 I , 2002 Page 74
APPENDIX C APPLICATION FOR SUBDIVISION OR LAND DEVELOPMENT FANNETT TOWNSHIP, FRANIUIN COUNTY Name of Development: Sketch Plan: Major Subdivision or Land Development Preliminary Plan:
Minor Subdivision or Land Development Final Plan: General Information Owner: Address: Telephone No.: Applicant: Address: Telephone No.: Engineer or Surveyor: Address: Telephone No.:
DeveloDment Data Location: Block and parcel number of lot(s) being subdivided or developed (From County Tax Maps): Total Acreage: Proposed Use: Number of Proposed: Lots Dwelling Units
For Land Development Square Feet of Building or Acreage Minimum Lot Size Proposed: Lineal Feet of New Streets Proposed: Are All Streets Proposed for Dedication? Number of Lots Existing:
FANNETT TOWNSHIP ORDINANCE 2 -2002 ENACTED JULY 1 1,2002 Page 75
Are any easements for utilities, stormwater drainage, or other purposes proposed? Proposed Water Supply: Community System Proposed Sewerage System: Community System On-Lot System On-Lot
System I hereby declare that I am the owner or developer of the land, which is the subject of this application, and state that all information contained herein is true and correct, and
hereby submit this application for the purposes of receiving approval under the requirements of the Fannett Township Subdivision and Land Development Ordinance. (Signature) (Date) FANNETT
TOWNSHlP ORDINANCE 2 -2002 ENACTED JULY 1 1,2002 Page 76
DO NOT WRITE ON THIS SIDE -FOR MUNICIPAL USE ONLY EXIBITS SUBMITTED DATE Filing Fee Sketch Plan Preliminary Plan Final Plan Centerline Street Profiles and Cross Sections Surface Drainage
Plan and Stomwater Run-Off Calculations Performance Bond Deed Restrictions DEP Planning Module Water Facilities Feasibility Report Land Grading Plan PA DOT Highway Occupancy Permit Erosion
and Sedimentation Plan Maintenance Guarantee Other: This application has been accepted for filing and application fee paid on: (date) (Signed) (Township Secretary) FANNETT TOWNSHIP ORDINANCE
2--2002 ENACTED JULY 1 1,2002 Page 77
TO BE COMPLETED BY THE APPROVAL BODY This application was reviewed at a meeting of the APPROVAL BODY of Fannett Township held on 92 , and has been: Check One: Approved Disapproved for
reasons specified in the attached letter. ATTEST: APPROVAL BODY Secretary FANNETT TOWNSHIP ORDINANCE 2 -2002 ENACTED JULY 1 1,2002 Page 78
APPENDIX D PRELIMINARY PLAN CHECKLIST Part 1 : Application Packet Item Complete Incomplete Original and 6 copies of Plan Application Form Part 2: Plan Content Item Complete Incomplete
Unacceptable (see comments) Scale Size Plan Size Identifving, Title North Point/Scale/Date Certificates Name(s) of Responsible Designer Total Tract Boundaries ZonindLand Use Desingation
Contours With Data Environmentally Sensitive Areas Existinp Man-Made Features on Site Existing,Streets/AI levs/Easemen ts Proposed Streets/Lots/Imporvements Names of Abutting Lands or
Subdivisions -Agricultural Security Areas Earth Disturbance Area Location Map Part 3: Supporting Material Item Complete Incomplete Unacceptable (See Comments) Other Permit!Notification
Data Proposed Deed Restrictions (if anv) Design Details of Improvements COMMENTS: FANNETT TOWNSHIP ORDINANCE 2 -2002 ENACTED JULY 1 1,2002 Page 79
APPENDIX E FINAL PLAN CHECKLIST Part 1 : Application Packet Item Complete Incomplete Original and 6 Copies of Plan Application Form Fees Part 2: Plan Content Item Complete Incomplete
Unacceptable (See Comments) Scale Size Plan Size ldentifking Title North Point/Scale/Date Certificates Name(s) of Responsible Designers Total Tract Boundaries Street R.O. W. and Lot
Lines Measurements and Bearings for All Lines or Curves Dimensions of All Lots Setback Lines Lot Numbers Street Names Names of Abutting lands or Part 3: Supporting Material Item Complete
Incomplete Unacceptable (See Comments) Other Permit Data Proposed Deed Restrictions (if any) Improvement Agreements COMMENTS: FANNETT TOWNSHIP ORDINANCE 2 -2002 ENACTED JULY I I, 2002
Page 80
DO NOT WRITE ON THIS SIDE -FOR MUNICIPAL USE ONLY Exhibits Submitted Filing Fee Sketch Plan Preliminary Plan Final Plan Centerline Street Profiles and Cross Sections Surface Drainage
Plan and Stormwater Run-Off Calculations Performance Bond Deed Restrictions DEP Planning Module Water Facilities Feasibility Report Land Grading Plan PA DOT Highway Occupancy Pen-nit
Erosion and Sedimentation Plan Maintenance Guarantee Other: This application has been accepted for filing and application fee paid on: (date) (Signed) (Township Secretary) FANNETT TOWNSHIP
ORDINANCE 2 -2002 ENACTED JULY 1 1,2002 Page 81 ' .\ ~ ~ ~~ ~~ ~~ ~ ~ ~~ ~ ~
I TO BE COMPLETED BY THE FRANKLIN COUNTY PLANNING COMMISSION ! This application was reviewed at a meeting of the Franklin County Planning Commission, held on 7 20-, and has been: I Recommended
for approval without qualification. Recommended for approval if the specific changes and for additional information noted in the attached letter are agreed to in writing by the applicant.
Recommended for disapproval for the reasons stated in the attached letter ATTEST: Secretary Chairman TO BE COMPLETED BY THE FANNETT TOWNSHIP PLANNING COMMISSION This application was
reviewed at a meeting of the Fannett Township Planning Commission, held on 1 20, and has been: Recommended for approval without qualification. Reconunended for approval if the specific
changes and/or additional information noted in the attached letter are agreed to in writing by the applicant. Recommended for disapproval for the reasons stated in the attached letter.
ATTEST: Secretary Chairman TO BE COMPLETED BY THE APPROVAL BODY This applicant ion was reviewed at a meeting of the APPROVAL BODY of Fannett Township held on 20 and has been: Check One:
Approved Disapproved for reasons specified in the attached letter. ATTEST: APPROVAL BODY Secretary FANNETT TOWNSHlP ORDINANCE 2 -2002 ENACTED JULY 1 1,2002 Page 82