HomeMy WebLinkAboutHamilton Subdiv OrdHAMILTON TOWNSHIP SUBDIVISION AND LAND DEVELOPMENT ORDINANCE HAMILTON TOWNSHIP SUPERVISORS 1270 CROTTLESTOWN ROAD CHAMBERSBURG, PENNSYLVANIA 1720 1 (7 17) 264-2946 AS PROPOSED FEBRUARY
6,2002 d0-AF6E-00
HAMILTON TOWNSHIP FRANKLIN COUNTY I (2002) SUBDIVISION AND LAND DEVELOPMENT ORDINANCE -TABLE OF CONTENTSARTTICL I . SHORT TITLE. PURPOSES AND INTERPRETATION Section 100: Short Title
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Section 101: Purposes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Section 102: Interpretation
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Section 103: Severability ................................. 5 Section 104: Jurisdiction . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . 5 ARTICLE I1 . DEFINITIONS Section 200: General Definitions ......................... 6 Section 201: Specific Definitions ........................
6 ARTICLE I11 . SUBDIVISION AND LAND DEVELOPMENT CONTROL Section 300: Subdivision and Land Development Control . . . . 25 Section 301: Special Exceptions .......................... 26
ARTICLE IV . GENERAL PROCEDURE AND JURISDICTION Section 400: Section 401: Section 402: Section 403: Section 404: Section 405: Section 406: Section 407: Section 408: Section 409: Section
410: Section 411: Section 412: Section 413: Section 414: Plan Approving Authority .................... 26 Submission of Plans ......................... 26 Optional Sketch Plans ......................
27 Optional Preliminary Approval . . . . . . . . . . . . . . . 28 Review of Sketch Plan ....................... 29 Submission of Preliminary Plan . . . . . . . . . . . . . . 30 Review
of Preliminary Plan . . . . . . . . . . . . . . . . . . 31 Submission of Final Plan .................... 32 Review of Final Plan ........................ 33 Subdivision and Land Development
Agreements . 35 Performance Guarantees ...................... 36 Recording of Final Plan ..................... 38 Commencement of Development . . . . . . . . . . . . . . . . . 39 Time
Limitation of Plans .................... 39 Plan Amendments ............................. 39 1
ARTICLE V . PLAN CONTENT REQUIREMENTS Section 500: Sketch Plan Specifications . . . . . . . . . . . . . . . . . . 40 Section 501: Preliminary Plan Specifications . . . . . . . . . .
. . 41 Section 502: Final Plan Specifications . . . . . . . . . . . . . . . . . . . 43 ARTICLE VI . DESIGN STANDARDS Section 600: Section 601: Section 602: Section 603: Section 604:
Section 605: Section 606: Section 607: Section 608: Streets . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45 Easements ...................................
51 Blocks . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52 Lots ........................................ 52 Recreation Areas in Recreation Vehicle Parks
of Camp Grounds ............................. 57 Erosion and Sediment Control . . . . . . . . . . . . . . . . 57 Stormwater Management ....................... 57 Parking Areas .......................
....... 58 Other Utilities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58 ARTICLE VI1 . IMPROVEMENT REQUIRED Section 700: Improvements Required .......................
59 Section 703: Sanitary Sewers and Water Supply . . . . . . . . . . . . 60 Section 701: Monuments and Markers ....................... 59 Section 702: Street Surfacing ............................
60 ARTICLE VI11 . CONSTRUCTION AND ACCEPTANCE OF IMPROVEMENTS Section 800: General . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61 Section 801: Inspections
................................. 61 Section 802: Release from Performance Guarantee . . . . . . . . . . 62 Section 803: As-Built Plans .............................. 63 Section 804:
Dedication and Acceptance of Public Improvements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63 Section 805: Maintenance Guarantee ....................... 64 ARTICLE
IX . MOBILEHOME PARK REGULATIONS Section 900: Section 901: Section 902: Section 903: Section 904: Section 905: Section 906: Section 907: Section 908: Section 909: Minimum Area and Street
Widths . . . . . . . . . . . . . . Building Setback Lines ...................... 65 Side and Rear Building Lines . . . . . . . . . . . . . . . . Off-street Parking Requirements . . .
. . . . . . . . . . 65 Open Space Requirements ..................... 66 Park Areas For Non-Residential . . . . . . . . . . . . . . 66 Signs and Lighting .......................... 66
Other Site Improvements ..................... 66 64 Lots ........................................ 65 65 Buffer Strips . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66
2
ARTICLE X . ADMINISTRATION Section 1000: Section 1001: Section 1002: Section 1003: Section 1004: Section 1005: Section 1006: Section 1007: Section 1008: Relief from Unnecessary Hardship
. . . . . . . . . . . 67 Records . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67 Fees and Costs ............................. 68 Preventative Remedies .....................
69 Enforcement Remedies ....................... 70 Appeals .................................... 70 Repealer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70
Effective Date ............................. 71 Enactment .................................. 71 3
4 AN ORDINANCE REGULATING THE SUBDIVISION AND DEVELOPMENT OF LAND WITHIN HAMILTON TOWNSHIP, FRANKLIN COUNTY, PENNSYLVANIA: REQUIRING THE SUBMITTAL OF SUBDIVISION AND LAND DEVELOPMENT
PLANS FOR TOWNSHIP REVIEW: PRESCRIBING STANDARDS OF DESIGN, PLAN REQUIREMENTS, PLAN PROCESSING, IMPROVEMENTS AND CONSTRUCTION REQUIREMENTS, AND CONDITIONS OF ACCEPTANCE OF PUBLIC IMPROVEMENTS.
The Board of Supervisors of Hamilton Township, Franklin County, Pennsylvania, does herein and hereby ordain that an ordinance regulating the subdivision and development of land within
Hamilton Township, Franklin County, Pennsylvania; requiring the submittal of Subdivision and Land Development Plans for Township review; prescribing standards of design, plan requirements,
plan processing procedures, improvement and construction requirements, and condition of acceptance of public improvements, is hereby ordained pursuant to the Pennsylvania Municipalities
Planning Code, Act 247 effective January 1, 1969, (P.L. 805 July 31, 1968) as amended. ARTICLE I SHORT TITLE, PURPOSES AND INTERPRETATION SECTION 100: Short Title. This Ordinance may
be cited as "The Hamilton Township Subdivision and Land Development Ordinance." SECTION 101: PURPOSES. This Ordinance has been prepared in accordance with the Pennsylvania Municipalities
Planning Code (53 P.S. Section 10101 et seq., Act 247 of 1968, as amended) for the following purposes: A. To assure sites suitable for building purposes and human habitation. B. To assist
orderly, efficient, integrated, and harmonious development of the Township. C. To coordinate proposed streets with existing streets or other proposed streets, parks, or other features
of the Township. D. To provide adequate open spaces for traffic, recreation, light, and air and for the proper distribution of population.
3 E. To ensure co-ordination of subdivision and land development plans with Township, Inter-Municipal, County and Commonwealth improvement plans. F. To secure equitable handling of all
subdivision and land development plans by providing uniform procedures and standards. G. To protect the social and economic stability of the Township, and conserve the value of the land
and buildings in the Township. H. To create conditions favorable to the health, safety, and general welfare of the citizens of Hamilton Township. SECTION 102: INTERPRETATION. The provisions
of this Ordinance shall be held to be minimum requirements to meet the above stated purposes. Where the provisions of this Ordinance impose greater restrictions than those of any statute,
other ordinance, or regulations, the provision of this Ordinance shall prevail. Where the provisions of any statute, other ordinance or regulation impose greater restrictions than those
of this Ordinance, the provision of such statute, ordinance, or regulation shall prevail. SECTION 103: SEVERABILITY The provisions of this Ordinance shall be severable and if any of
its provisions shall be held to be unconstitutional, illegal or invalid, such decision shall not affect the validity of any of the remaining provisions of this Ordinance. It is hereby
declared as a legislative intent that this Ordinance would have been adopted had such unconstitutional, illegal, or invalid provision not been included herein. SECTION 104: JURISDICTION.
The Board of Supervisors shall have the jurisdiction of subdivision and land development within the Township limits. In order to aid the Board of Supervisors in its consideration of
subdivisions and land developments, the Board of Supervisors hereby decrees that the Planning Commission of Hamilton Township shall serve the following functions: A. All plans, whether
major or minor, upon submission to the duly authorized representative of the Township shall be referred to the Planning Commission for review. B. The Planning Commission shall make recommendations
to the Board of Supervisors concerning approval, disapproval, modification, and/or conditions for approval of such plans. C. The Planning Commission shall make recommendations to the
Board of Supervisors concerning the interpretation of the granting of modifications to provisions and standards of this Ordinance. 5
ARTICLE I1 DEFINITIONS SECTION 200: GENERAL DEFINITIONS. As used in this Ordinance, words in the singular include the plural, and those in the plural include the singular. Words in the
present tense include the future tense, words used in the masculine gender include the feminine. The word llpersonlinlc ludes corporation, unincorporated association, and partnership,
as well as an individual. The word "structurer1i ncludes the meaning of "building", and each shall be construed as if followed by the phrase "or part thereof". SECTION 201: SPECIFIC
DEFINITIONS. The following words as used in this Ordinance shall have the meanings indicated below except to the extent they may conflict with the Pennsylvania Municipalities Planning
Code (MPC) , in which event the MPC shall control. 1. ACCELERATED EROSION: The removal of the surface of the land through the combined action of man's activities and natural processes
at a rate greater than would occur because of the natural processes alone. 2. ACT 247: The Pennsylvania Pennsylvania Municipalities Planning Code of 1968 as amended from time-to-time.
3, Act 287: Act 287 of 1974, as amended by Act 187 of 1996, the Pennsylvania One Call Notice requirement. 4. ALLEY (or SERVICE DRIVE) : A minor right-of-way, publicly owned, intended
for private use of privately owned property, primarily for service access to the back or side of properties. Generally, Hamilton Township will not accept dedication of Alleys. 5 . APPLICANT
(see DEVELOPER and SUBDIVIDER) : A landowner or developer, as hereinafter defined, who has filed an application for the subdivision or land development of a tract of land, including
the heirs, successors and assigns of the landowner or developer. 6
6. APPLICATION FOR DEVELOPMENT: Every application, whether preliminary or final, required to be filed and approved prior to start of construction or development including, but not limited,
to an application for a building permit, for the approval of a subdivision plat or plan or for the approval of a development plan. 7. BLOCK: An area bounded by streets. 8. BOARD: The
Board of Supervisors of Hamilton Township. 9. BUILDING: Any structure for which a building permit is required, that is any combination of materials forming a structure which is erected
on the ground or permanently affixed thereto for the shelter of persons, animals or property. 10. BUILDING SETBACK LINE: An established line within a property defining the required minimum
distance between any building to be erected and the adjacent rightoofway line of the street on which it fronts to provide the required front, side or rear yard. 11. BUFFER STRIP OR SCREEN:
Required yard space on which is located a visual barrier of sufficient height and density to appropriately block out the property or use. 12. CARTWAY: That portion of a street or alley
which is improved, designed, or intended for vehicular use. 13. CHAIRMAN: The Chairman of the Hamilton Township Board of Supervisors or Planning Commission as appropriate. 14. CISTERN:
A reservoir or tank for storing water. 7
15. CLEAR-SIGHT TRIANGLE: A triangular-shaped portion of land established at street intersections or at driveway intersections with streets in which nothing is erected, placed, planted
or allowed to grow in such a manner as to limit or obstruct the sight distance of motorists entering or leaving the intersection. A clear-sight triangle shall be defined as follows:
A. Intersecting Streets: A triangular area formed by measuring seventy-five (75) feet back along the centerline of each street from the point of intersection of the street centerlines.
B. Driveway Intersecting with a Street: A triangular area formed by measuring fifty (50) feet back along the centerline of the driveway from the point of intersection of the centerline
of the driveway with the centerline of the street and measuring back along the centerline of the street seventy-five (75) feet from the point of intersection of the centerline of the
driveway with the centerline of the street. 16. COMMISSION: The Hamilton Township Planning Commission. Commission. 17. COMMON OPEN SPACE: A parcel or parcels of land or an area of water,
or a combination of land and water within a development site and designed and intended for the use or enjoyment of residents of a development, not including streets, off-street parking
areas and areas set aside for public facilities. 18. CONDOMINIUM: A form of ownership of real estate as defined in the Pennsylvania Uniform Condominium Act of 1980, as from time-to-time
amended, which includes an undivided interest in a portion of a parcel together with a separate interest in a space within a structure. 19. CROSS-WALK: A right-of-way publicly or privately
owned, intended to furnish access for pedestrians. 20. CULVERT: An enclosed conduit for transporting water under roads, driveways, etc. 8
21. -CUT: An excavation. The difference between a point on the original ground and a designated point of lower elevation on the final grade. Also, the material removed in excavation.
22. DECISION: Final adjudication of any board or other body granted jurisdiction under this Ordinance to do so, either by reason of the grant of exclusive jurisdiction or by reason of
appeals from determinations. All decisions shall be appealable to the Court of Common Pleas of Franklin County. 23. DESIGN STORM: The magnitude or precipitation from a storm event measured
in probability of occurrence (e.9. 50 year storm) and duration (e.9. 24 hour) and used in computing storm water management control systems. 24. DETENTION BASIN: A structure designed
to retard storm water runoff by temporarily storing the runoff and releasing it at a predetermined rate. facility is designed to hold runoff for a period of time sufficient to cause
the disposition of sediment and to reduce velocity and volume of surface flows leaving a site, and to drain completely after a storm event. This 25. DETERMINATION: Final action by an
officer, body or agency charged with the administration of any Township ordinance or applications thereunder except the Hamilton Township Board of Supervisors. Determinations shall be
appealable only to the boards designated as having jurisdiction for such appeal. 26. DEVELOPER: Any landowner, agent of such landowner, or tenant with permission of such landowner, who
makes or causes to be made a subdivision of land or a land development. 27. DEVELOPMENT AGREEMENT: A written contract between the Applicant (or Developer/Subdivider) and the Township
specifying conditions of final approval by the Township. 9
28. 29. 30. 31. 32. 33. 34. 35. 36. 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. DISTURBED AREA: An area of land subject
to earthmoving activities. DIVERSION TERRACE: A channel and a ridge constructed to a predetermined grade across a slope, and designed to collect and divert runoff from slopes which are
subject to erosion. DRAINAGE EASEMENT: A right-of-way granted by a landowner to a grantee, allowing the use of private land for storm water drainage purposes. DRIVEWAY : A private means
of vehicular access from a public or private street to a house or garage on a single lot and located entirely on the lot being served, DWELLING : A building designed for residential
purposes and used as living quarters for one or more persons. DWELLING UNIT: One or more rooms used for living and sleeping purposes and having a kitchen with fixed cooking facilities
arranged for occupancy by one (1) family or a single household. DWELLING, SINGLE FAMILY, DETACHED: A building used by one (1) family, having one (1) dwelling unit, and having two (2)
side yards. DWELLING, SINGLE FAMILY, SEMI-DETACHED: A building used by one (1) family, having one (1) side yard, and one (1) party wall in common with another building. 10
_ _ _ _ ~ 3 7 . 38. 3 9 . 40. 41. 42. 43. 44. 45. DWELLING, SINGLE FAMILY, ATTACHED (Also Known as ROW or TOWNHOUSE): A building used by one (1) family, and having two (2) party walls
in common with other buildings, excepting end units in a structure which may have one (1) party wall and one (1) side yard. DWELLING, TWO FAMILY DETACHED: A building used by two (2)
families, with one (1) dwelling unit arranged over the other, having two (2) side yards or one (1) lot with open space on all sides. DWELLING, TWO FAMILY, SEMI-DETACHED (Also Known as
DUPLEX or HOUSE) : A building used by two (2) families, with one (1) dwelling unit arranged over the other, having one side yard and one party wall in common with another building. DWELLING,
MULTI-FAMILY (Also Known as APARTMENT HOUSE): A building used by three ( 3 ) or more families living independently of each other and doing their own cooking, including apartment houses.
EARTHMOVING ACTIVITY: Activity resulting in the movement of earth or the stripping of vegetable vegetable cover from the earth. EASEMENT, CONSERVATION: A legal agreement between property
owner and appropriate organization of government, through which certain use restrictions overall or of a property are established for conservation purposes. EASEMENT UTILITY: A right-of-way
granted for limited use of land for public or quasipubbli purpose for the installation, maintenance or removal of utility services, including but not limited to electric, water, sewer,
gas and/or storm water facilities. EASEMENT : A permanent right granted for limited use of private and normally for a public purpose (access, drainage, utility, conservation). ENGINEER
: A Registered Professional Engineer in Pennsylvania duly designated by the Township to perform the duties of the Township Engineer as herein specified, or one who prepares the plan
for the applicant, developer or subdivider. 11
46. 47. 48. 49. 5 0 . 51. 52. 5 3 . ENGINEERING SPECIFICATIONS: The Engineering Specifications of the municipality regulating the installation of any required improvement or for any
facility installed by any owner, subject to public use. EROSION : The removal of soil particles by the action of water, wind, ice or other geological agents. EXCAVATION: Any act by which
earth, sand, gravel, rock or any other similar material is dug into, cut, quarried, uncovered, removed, displaced, relocated or bulldozed and shall include the conditions resulting therefrom.
FILL : Any act by which earth, sand, gravel, rock or any other similar 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 fill. FLOOD FRINGE: That portion of the flood plain outside the floodway. FLOOD, ONE HUNDRED YEAR: A flood that,
on the average, is likely to occur once every 100 years (i.e. that has a one percent chance of occurring each year, although the flood may occur in any year); for purposes of this Ordinance,
the Regulatory Flood. FLOOD PLAIN: The low land area adjoining and including a water body or water course which is subject to partial or complete inundation by a flood having a frequency
of-recurrence of-one year magnitude. FLOOD WAY: The designated area of a flood plain required discharge flood waters of a given magnitude. this Ordinance, the floodway shall be capable
flood of the one hundred (100) year magnitude. percent (1%) or a 100 to carry and For the purposes of of accommodating a 12
54. 5 5 . 5 6 . 57. 58. 59. 60. 61. 62. GOVERNING BODY: The Board of Supervisors of Hamilton Township. GROUNDWATER RECHARGE: Replenishment of existing natural underground water supplies.
GUARANTEE MAINTENANCE: Any security which may be required of a developer by the Township after final acceptance of improvements installed by the developer in order to insure future maintenance
of the development for up to eighteen months. Such security may include, but is not limited to Federal or Commonwealth lending institution irrevocable letters of credit or restrictive
escrow account amounting to no more than 10 percent of the contracted amount for said improvements. GUARANTEE, PERFORMANCE: Any security which may be required of a developer by the Township
in lieu of a requirement that certain improvements be made before final plan approval by the Township. HYDRAULIC CHARACTERISTICS: The features of a watercourse which determine its water
conveyance capacity. HYDROLOGY: Properties, distribution and effects of water on the earth's surface, in the soil and underlying rocks, and in the atmosphere. HYDROGRAPH: A plot of the
discharge of stream flow or runoff versus time. IMPERVIOUS SURFACE: Material which resists the penetration of water or other liquids and is unable to absorb water. IMPROVEMENTS: Streets,
curbs, gutters, street lights and signs, water mains, hydrants, sanitary and storm sewer lines and structures, walkways, recreation facilities, shade trees, buffer or screen plantings,
other additions to a property required by Ordinance or necessary to result in a complete subdivision or land development in the fullest sense of the term. 13
63. INFILTRATION STRUCTURES: A structure designed to direct runoff into the ground, e.g. French Drains, seepage pits, seepage trench, etc. 64. LAND DEVELOPMENT: Land development shall
include any or all of the following activities: A. The improvement of one lot or two or more contiguous lots, tracts or parcels of land for any purpose involving: (1) A group of two
or more residential or nonresidential buildings, whether proposed initially or cumulatively, or a single nonresidential building on a lot or lots regardless of the number of occupants
for 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. B. A subdivision of land. C. The foregoing notwithstanding, there shall be excluded
from the definition of land development the following development activities: The conversion of an existing 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; The addition of an accessory building, including farm buildings, on a lot or lots subordinate
to an existing principal building; or The addition or conversion of buildings or rides within the confines or an enterprise which would be considered an amusement park. For purposes
of this subclause, an amusement park is defined as a tract or area used principally as a location for permanent amusement structures or rides. newly acquired acreage by an amusement
park until initial plans for the expanded area have been approved by proper authorities. This exclusion shall not apply to 14
6 5 . 6 6 . 67. 68. 69. 70. 71. 72. 7 3 . 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 conditions), a lessee if he is authorized under the lease to exercise the rights of the landowner, or other person having a proprietary interest in land.
LANE, ACCELERATION OR DECELERATION: A lane of the cartway intended for use by a vehicle entering, leaving or crossing a lane of forward travel without interrupting traffic flow. -LOT
: A designated parcel, tract or area of land established by a plat or otherwise as permitted by law and to be used, developed or built upon as a unit. LOT AREA: The area contained within
the property lines of a lot as defined in the deed, or lease, excluding space within any right-of-way, but including the area of any easement. Said area shall be determined from an actual
site survey. LOT, CORNER: A lot at the junction of and abutting two or more intersecting streets. LOT , INTERIOR : A lot which does not adjoin a street but is connected thereto by an
access drive or private right-of-way. LOT REVERSE FRONTAGE: A lot extending between, and having frontage on an arterial or collector street and a minor street, and with vehicular access
solely from the latter. LOT, THROUGH OR DOUBLE FRONTAGE: A lot with front and rear street frontage. LOT WIDTH : The horizontal distance between side lot lines. 15
74. MEDIATION: A voluntary negotiating process in which parties in a dispute mutually select a neutral mediator to assist them in jointly exploring and settling their differences, culminating
in a written agreement which the parties themselves create and consider acceptable. 75. MUNICIPALITY: The Township of Hamilton. 76. MANUFACTURED HOUSING: Any housing unit constructed
within a factory and delivered wholly or in part (i.e. including modular units and doublewides) to a site and ready for occupancy with a minimum amount of assembly or setuup This includes
HUD Code Manufactured Homes and Mobile Homes. 77. MOBILEHOME: A transportable, single family dwelling intended for permanent occupancy, office or place of assembly contained in one unit,
or in two units designed to be joined into one integral unit capable of again being separated for repeated towing, which arrives at a site complete and ready for occupancy except for
minor and incidental unpacking and assembly operations, and constructed so that it may be be used without a permanent foundation, including any building addition or accessory structure.
All mobilehomes shall meet construction standards set down by the U. S. Department of Housing and Urban Development. 78. MOBILEHOME LOT: A parcel of land in a mobilehome park, improved
with the necessary utility connections and other appurtenances necessary for the erection thereon of a single mobilehome, which is leased by the park owner to the occupants of the mobilehome
erected on the lot. 79. MOBILEHOME PARK: A parcel of land under single ownership which has been planned and improved for the placement of mobilehomes for non-transient use, consisting
of two or more mobilehomes. 80. MONUMENT: A tapered, permanent survey reference point of stone or concrete having a round top of 4" on each side with a length of 24". 16
81. NURSERY: A tract of land on which trees and plants are raised or stored for transplanting and sale. 82. OPEN SPACE, COMMON: Land or water or a combination of both, within a development
and designed and intended for use and enjoyment for residents of the development, excluding streets, parking, public facilities, and private yards. 83. OUTLET CONTROL STRUCTURE: A structure
designed
to control the volume of storm water runoff that passes through it during a specific length of time. 84. PEAK DISCHARGE: The maximum rate of flow of water at a given point and time
resulting from a predetermined storm. 85. PERSON: Any individual or group of individuals joined together for some common purpose; partnership or corporation. 86. PLAN: A. As Built -A
corrected final plan, showing dimensions and locations of all streets and other improvements as actually constructed. B. Final -An exact and complete site design and layout plan and
improvements construction plan prepared in accordance with the act of May 23, 1945 (P.L. L. 913, No. 3671, known as the 'Engineer, Land Surveyor and Geologist Registration Law," or the
act of January 24, 1966 (1965 P.L.1527, No. 5351, known as the "Landscape Architects' Registration Law" when it is appropriate to prepare the plat using professional services as set
forth in the definition of the Practice of Landscape Architecture under Section 2 of that act. C. Improvements Construction-A component of the preliminary and final plan, prepared in
accordance with the act of May 23, 1945 (P.L. 913, No. 3671, known as the "Engineer, Land Surveyor and Geologist Registration Law," or the act of January 24, 1966 (1965 P.L.1527, No.
5351, known as the "Landscape Architects' Registration Law" when it is appropriate to prepare the plat using professional services as set forth in the definition of the Practice of Landscape
Architecture under Section 2 of that act. This will show the construction details of streets, drains, sewers, water supply systems, bridges, culverts, and 17
L 87. 88. 89. other improvements as required, including a horizontal plan, profiles, and cross-sections. Preliminary -A site design and layout plan and improvements construction plan
prepared in accordance with the act of May 23, 1945 (P.L. 913, No. 367) , known as the "Engineer, Land Surveyor and Geologist Registration Law," or the act of January 24, 1966 (1965
P.L.1527, No. 5351, known as the "Landscape Architects' Registration Law" when it is appropriate to prepare the plat using professional services as set forth in the definition of the
Practice of Landscape Architecture under Section 2 of that act. This will be in less detail than a final plan and prepared for consideration prior to submission of a Final Plan. Recorded
-A final Plan, with accompanying documents as required by this Ordinance, which has been recorded by the applicant in the office of the Recorder of Deeds of Franklin County. Site Design
and Layout -A component of the Preliminary and Final Plan, prepared in accordance with the act of May May 23, 1945 (P.L. 913, No. 3671, known as the "Engineer, Land Surveyor and Geologist
Registration Law," or the act of January 24, 1966 (1965 P.L.1527, No. 5351, known as the "Landscape Architects' Registration Law" when it is appropriate to prepare the plat using professional
services as set forth in the definition of the Practice of Landscape Architecture under Section 2 of that act. This will show ehewi~s: property lines, existing and proposed streets,
lots, buildings, public areas, drainage facilities, easements, and other details pertinent to the proposal. G. Sketch -A plan submitted, at the applicant's option, for review and discussion
prior to application for preliminary or final plan approval, including whatever information the applicant deems useful; for example, a graphic plan, not necessarily to scale, showing
approximate tract boundaries and a general layout of lots, buildings, and streets. PLANNING AGENCY: A planning commission, planning department, or a planning committee of the governing
body. PLAT : The map or plan of a subdivision or land development, whether preliminary or final. PUBLIC GROUNDS: A. Parks, playgrounds, trails, paths and other recreational areas and
other public areas. 18
90. 91. 9 2 . 93. 94. B. Sites for schools, sewage treatment, refuse disposal and other publicly owned or operated facilities. C. Publicly owned or operated scenic and historic sites.
PUBLIC HEARING: A formal meeting held pursuant to public notice by the governing body or planning agency, intended to inform and obtain public comment, prior to taking action in accordance
with the requirements of the Municipalities Planning Code. PUBLIC MEETING: A forum held pursuant to notice under the act of July 2, 1985 (P.L. 388, No. 84) , known as the "Sunshine Act.
PUBLIC NOTICE: Notice published once each week for two 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 prior to the date of the hearing. RE PORT : Any letter, review, memorandum, compilation or similar writing made by any body, board, officer or consultant other than a
solicitor to any other body, board, officer or consultant for the purpose of assisting the recipient of such report in the rendering of any decision or determination. All reports shall
be deemed recommendatory and advisory only and shall not be binding upon the recipient, board, officer, body or agency, nor shall any appeal lie therefrom. Any report used, received
or considered by the body, board, officer or agency rendering a determination or decision shall be made available for inspection to the applicant and all other parties to any proceeding
upon request, and copies thereof shall be provided at cost of reproduction. RESUBDIVISION: A change in map of an approved or recorded subdivision plat, if such change affects any street
layout, public use area or property lot line; or it affects any plan or deed legally recorded prior to the adoption of this Ordinance. 19
95. 96. 9 7 . 9 8 . 99. RETENTION BASIN: A reservoir or pond containing a permanent pool of water and designed to retard storm water runoff by temporarily storing the runoff and releasing
it as a predetermined rate. Unlike a detention basin, it always contains water. RIGHT-OF-WAY: A public or private thoroughfare of land area reserved or dedicated for vehicular traffic
and/or pedestrian traffic, whether designated as a street, highway, thoroughfare, parkway, road, avenue, boulevard, lane, alley, crosswalk or for any other public purpose. RUNOFF : That
part of precipitation which flows over the land. RUNOFF CHARACTERISTICS: The surface components of any watershed which, either individually or in any combination thereof, directly affect
the rate, amount and direction of storm water runoff. limited to vegetation, soils, slopes and any type of manmade landscape alterations. These may include, but are not -scs : Soil Conservation
Service, U.S. Department of Agriculture. 100. SEDIMENT: Solid material, both mineral and organic, that is in suspension, is being transported, or has been moved from its site of origin
by water. 101. SEDIMENT BASIN: A barrier, dam, retention or detention basin located and designed to retain rock, sand, gravel, silt, or other storm water transported material. 102. 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 It . 20
103. 104. 105. 106. 107. SEEPAGE PIT\SEEPAGE TRENCH: An area of excavated earth filled with loose stone or similar material and into which surface water is directed for infiltration
into the ground. SEMI-PERVIOUS SURFACE: A surface such as stone, rock, concrete or other materials which permits some vertical transmission of water. SEWAGE FACILITIES: A. B. C. Individual
System -The disposal of sewage by use of cesspools, septic tanks, or other safe and healthful means, approved by the Hamilton Township Sewage Enforcement Officer, and generally within
the confines of the lot on which the use is located. Community System -A sanitary sewage system, privately built and operated, in which sewage is carried from individual discharges by
a system of pipes to one or more common treatment and disposal facilities. Treatment and disposal may occur either on-site or off-site, and-shall be approved by the Pennsylvania Department
of Environmental Protection. Public System -A system for the treatment and disposal of sewage in which sewage is conveyed by a system of pipes to an off-site, publicly-operated treatment
facility and disposed of through means approved by the Pennsylvania Department of Environmental Protection. SHOULDERS: The portion of the street, contiguous to the cartway, for the accommodation
of stopped vehicles, for emergency use or parking, or for lateral support of base and surface courses of the pavement. SIGHT DISTANCE: The required length of roadway visible to the driver
of a passenger vehicle at any given point on the roadway when the view is unobstructed by traffic or other physical features. A. Object Sight Distance -Shall be measured from a point
4.5' above the centerline of the road surface to a point 0.5' above the centerline of the road surface. B. Vehicle Sight Distance -Shall be measured from one point 4.5' above the centerline
of a road surface to another point 4.5' above the centerline of a road surface. 21
108. 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
difference in feet per 100 feet of horizontal distance. 109. SOIL-COVER COMPLEX METHOD: A method of runoff computation developed by Soil Conservation Service, U.S. Department of Agriculture
(SCS). 110. SOIL STABILIZATION: Chemical or structural treatment designed to increase or maintain the stability of a mass of soil or otherwise to improve its engineering properties.
111. STORM SEWER: A system of pipes or other conduits which carries intercepted surface runoff, street water and other wash waters, or drainage, but excludes domestic sewage and industrial
wastes. 112. STORMWATER: Water which surfaces, flows, or collects during the period subsequent to rainfall or snow melt. 113. STORMWATER MANAGEMENT PLAN: The plan for managing stormwater
runoff designed specifically for Hamilton Township in accordance with Franklin County guidelines and the Stormwater Management Act of October 4, 1978 (Act 167) as amended from time-to-time.
All subdivision and land development plans shall comply with the design and construction standards therein. 114. STREET: A right-of-way intended for general public use to provide means
of approach for vehicles and pedestrians including avenue, boulevard, road, highway, freeway, parkway, lane, alley, and viaduct, whether public or private. A. Arterial -A street serving
a large volume of comparatively high speed and long distance traffic, including all facilities classified as main and secondary highways by the Pennsylvania Department of Transportation.
(1) Principal -An arterial serving the heaviest volumes of traffic in the Township, providing the highest degree of vehicular mobility, and involving controls on access. 22
B. C. D. E. F. G. H. (2) Minor -An arterial serving high volumes of traffic, providing a high degree of mobility, and involving some controls on access. Collector -A street designed
and located to provide means to drain traffic off local streets and to provide access for through traffic between residential neighborhoods and districts within the Township to major
streets and/or a street used for access to non-residential properties, i.e. commercial, industrial, professional, etc. Major -A collector serving moderate levels of traffic within the
Township, providing a mix of access and mobility, and linking neighborhoods. Minor -A collector serving lower amounts of traffic, providing relatively more access than mobility, and
serving as a major road through identifiable neighborhoods. Cul-De-Sac Street -A local street intersecting another street at one end, and terminating at the other end by a permanent
vehicular turnaround. Half-moon cul-de-sacs are not authorized. Local Street -A street intended to serve and provide access to the properties abutting thereon and not connecting with
other streets in such a manner as to encourage through traffic. Private Street -A local street, serving only abutting lots, that is not offered or required to be offered for dedication.
Service Street (Alley) -A minor right-of-way providing secondary vehicular access to the side or rear of two or more properties. Single-Access Street -A local street, including but not
limited to, a cul-de-sac or loop design, which has only one point of intersection with an existing Township or State Road or with a proposed road having more than one access point. Marginal-Access
Street -A local street which is parallel and adjacent to limited access highways or arterial streets and which provides access to abutting properties and protection from through traffic.
115. STRUCTURE: Any man-made object having an ascertainable stationary location on or in land or water, whether or not affixed to the land. 23
116. 117. 118. 119. 120. 121. 122. 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
for building or lot development; provided, however, that the subdivision by lease of land for agricultural purposes into parcels of more than ten acres, not involving any new street
or easement of access or any residential dwelling, shall be exempted. There shall also be exempted from the provisions of this Ordinance the sale from a larger tract of land of one lot
having a maximum lot area of 12,000 square feet provided there has been no other subdivision of said larger tract since 1965. SUBDIVIDER: The Owner or authorized agent of the owner of
a lot, tract, or parcel of land to be subdivided for sale or development under the terms of this Ordinance. SUBSTANTIALLY COMPLETED: Where, in the judgment of the Township Engineer,
at least 90% (based on the cost of the required improvements for which financial security was posted pursuant to Section 410) 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. SURVEYOR : A Registered Land
Surveyor licensed in Pennsylvania. SWALE : A low lying stretch of land characterized by a depression used to carry surface water runoff. TOP SOIL: Surface soils and subsurface soils
which presumably are fertile soils and soil material, ordinarily rich in organic matter or humus debris. called the A Horizon. Topsoil is usually found in the uppermost soil layer TOWNSHIP
: The Township of Hamilton, Franklin County, Pennsylvania, and/or the Board of Supervisors of said Township. 24
123. 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. 124. WATERCOURSE: A stream of water,
river, brook, creek, or a channel or ditch for water whether natural or man-made. 125. WATER SUPPLY: A. Individual System -A safe, healthful, and adequate supply of water to a single
user from a private well located on the land of the user. B. Central Water Supply System -A system for supplying water from a common source or sources to all dwellings and other buildings
within a development. be located on-site and/or off-site. further described as either of the following: The water supply source may A central system can be 1. Public Water Supply System
-A system which is owned by a municipality, a public company, or a private company which serves more than a single community or subdivision and may be interconnected with other water
supply systems. 2. Community Water Supply System -A system which is owned by a municipality, a public company, or a private company and which serves a single community or subdivision
and is not interconnected with any other water supply system. 126. WATER SURVEY: An inventory of the source, quality, yield and use of groundwater and surface-water resources within
a municipality. ARTICLE I11 SUBDIVISION AND LAND DEVELOPMENT CONTROL SECTION 300: SUBDIVISION AND LAND DEVELOPMENT CONTROL. No subdivision or development of any lot, tract or parcel
of land shall be made, and no street, sanitary sewer, storm sewer, water main, or other facilities in connection therewith shall be laid out, constructed, opened or dedicated for public
use or travel or for the common use of occupants of buildings abutting thereon except in strict accord with the provisions of this Ordinance. No lot in any subdivision or portion of
any land development may be sold, and no permit may be issued for the erection, altering or repairing of any building upon any land in a subdivision, and no building may be erected in
any subdivision nor nor shall public 25
utility services be extended to any lot in any said subdivision unless and until the same have been properly approved by the Hamilton Township Supervisors in accord with the provisions
of this Ordinance and no subdivision or land development plan shall be recorded for any lot, tract or parcel of land within Hamilton Township until said plans shall have been approved
by the Hamilton Township Supervisors pursuant to the terms of this Ordinance and said approval shall have been properly indicated thereon by the Township Secretary. SECTION 301: SPECIAL
EXCEPTIONS. In any case where, owing to unique conditions, literal enforcement of the provisions of this Ordinance would result in undue hardship, the Township Supervisors may make such
reasonable exceptions as will not be contrary to the public interest or the intent of this Ordinance. Such exceptions may permit the sale of a lot, the issuance of a permit, the erection
of a building, or the extension of public utility service subject to such conditions as may be be necessary to assure that the intent of this Ordinance is met. No subdivider whose land
has been platted into lots; approved by the Township Supervisors, and recorded in the office of the Recorder of Deeds for Franklin County, on the effective date hereof, shall be bound
by the provisions of this Ordinance as long as no further subdivision of any lot is made whereby any lot is reduced in size or frontage. ARTICLE IV GENERAL PROCEDURE AND JURISDICTION
SECTION 400: PLAN APPROVING AUTHORITY. All subdivision and land development plans shall be finally approved or rejected by the Hamilton Township Board of Supervisors. However, prior
to action by the Board of Supervisors, all such plans shall be referred to the Township Planning Commission for review and recommendation. The foregoing notwithstanding, the failure
to make such referral and/or the failure of the Planning Commission to review and/or make a recommendation with respect to any such plan shall not affect the validity of any action taken
by the Board of Supervisors with respect to any such plans. In the event any Plan submitted to the Township Supervisors is disapproved or is approved subject to certain modifications
or conditions, the reasons for disapproval or for requiring modifications or conditions shall be set forth in writing to the applicant. SECTION 401: SUBMISSION OF PLANS. The following
procedures shall be followed in the submission and processing of subdivision plans for proposed subdivisions and land developments: 26
A. B. C. D. The Subdivider shall sign a subdivision approval application and submit the documents required in Section 405 to the Township Supervisors at least seven (7) calendar days
prior to the next regular meeting of the Planning Commission. The Subdivider, or his duly authorized representative, shall attend the meeting of the Planning Commission to discuss the
subdivision plan, unless excused by the Commission. The Planning Commission review shall consider the practicability of the subdivision plan taking into consideration the requirements
of the community and the best use of the land being subdivided. Particular attention shall be given to the arrangement, location, and width of streets, their relation to the topography
of the land, water supply, sewage disposal, storm water drainage, lot sizes and arrangement, the future development of adjoining lands as yet unsubdivided, and the requirements of this
Ordinance. After review of the comments, if any, of the Franklin County Planning Commission and the Township Planning Commission, the Township Supervisors shall render their decision
and communicate it to the subdivider, or his representative, not later than ninety ( 9 0 ) days following the date of the regular meeting of the Hamilton Township Planning Commission
next following the date the application is filed or after a final order of court remanding the application, provided, however, that should the said next regular meeting occur more than
thirty (30) days following the filing of the application, or the final order of the court, the said ninety (90) day period shall be measured from the 30th day following the day the application
was received by Hamilton Township. Subdivision applications will not be ready for consideration at the first meeting of the Township Planning Commission immediately following their filing
unless they are submitted at least fourteen (14) calendar days prior to the next regularly scheduled Planning Commission meeting and accompanied by the required fee (as set by resolution
of the Township Supervisors) together with all data required by Section 405 of this ordinance. Subdivision and Land Development applications shall be filed with the Township Supervisors.
SECTION 402: OPTIONAL SKETCH PLANS. Prior to the filing of an application for review and approval of a subdivision or land development plan, the subdivider or developer as the case may
be, may, at his option, submit a sketch plan to the Planning Commission or the Supervisors for the purpose of preliminary discussion relating to requirements of this Ordinance. The sketch
plan is not considered a subdivision or land development plan and no official action shall be taken relating to the same. The Sketch Plan should be based upon an accurate base map (USGS
Map, Floodplain Map, Road Map) but need not be drawn professionally or to scale. The entire tract shall be illustrated and the potential 27
subdivider or developer should be prepared to consult with the Planning Commission or Supervisors on the following factors: A. A subdivider or developer who has met all the requirements
for the subdivision or land development approval except the construction of preliminary subdivision or land development approval from the Township Supervisors. I public works or the
posting of security therefore, may request (1) The suitability of the site for development. (2) The accessibility of the site. ( 3 ) The availability of public facilities and public
services (schools, parks, water, sanitary, and storm sewage, police, fire, refuse disposal, etc.). (4) The effect on the project of any contemplated improvements by the Township or others
or other applicable Township Regulations. (5) Sewage facilities requirements of the Department of Environmental Protection and the Township Sewage Enforcement Officer or Municipal Authority.
(6) Erosion and Sedimentation Plans and Permits as required by the Department of Environmental Protection and as reviewed by the Franklin County Conservation District. (7) Precautionary
measures to preserve or protect historic and natural features. (8) Approvals by all appropriate State and Federal Agencies. SECTION 403: OPTIONAL PRELIMINARY APPROVAL. B. The Township
Supervisors may grant preliminary approval. If preliminary approval is granted, then such approval shall guarantee to the subdivider or developer that if, within five (5) years from
the date of the approval, the required public works have been constructed in accordance with Township specifications, or security posted in accordance with Section 410, and provided
all requirements contained in the preliminary approval are met, the Township Supervisors will give final approval to the plan without any additional requirements being imposed. C. Where
the required improvements have been substantially completed as depicted on the final plot within the aforesaid 5-year limit, or any extension thereof as may be granted by the Township,
no change of Township Ordinance or plan enacted subsequent to the date of filing of the preliminary plat shall modify or revoke any aspect of the approved final plan pertaining to density,
lot, building, street or utility location. 28
In the case of a preliminary plat calling for the installation of improvements beyond the five-year period, a schedule shall be filed by the landowner with the preliminary plat delineating
all proposed sections as well as deadlines within which applications for final plat approval of each section are intended to be filed. Such schedule shall be updated annually by the
applicant on or before the anniversary of the preliminary plat approval, until final plat approval of the final section has been granted and any modification in the aforesaid schedule
shall be subject to approval of the Township in its discretion. E. Each section in any residential subdivision or land development, except for the last section, shall contain a minimum
of twenty-five percent (25%) of the total number of dwelling units as depicted on the preliminary plan, unless a lesser percentage is approved by the Board of Supervisors in its discretion.
F. Provided the landowner has not defaulted with regard to or violated any of the conditions conditions of the preliminary plat approval, including compliance with landowner's aforesaid
schedule of submission of final plats for the various sections, then the aforesaid protections afforded by substantially completing the improvements depicted upon the final plat within
five years shall apply and for any section or sections beyond the initial section, in which the required improvements have not been substantially completed within said five year period,
the aforesaid protection shall apply for an additional term or terms of three years from the date of final plat approval for each section. G. Failure of landowner to adhere to the aforesaid
schedule of submission final plats for the various sections shall subject any such section to any and all changes in zoning, subdivision and other governing ordinances enacted by the
Township subsequent to the date of the initial preliminary plan submission. H. Subdivided lots may not be sold until final subdivision plan approval has been given by the Township Supervisors
and the final plan has been properly recorded in the office of the Register and Recorder for Franklin County. SECTION 404: REVIEW OF SKETCH PLAN. A. The Planning Commission shall, at
a meeting with the applicant, consider the suitability of the Sketch Plan for the development of the land and its relationship to the harmonious extension of streets and utilities, arrangement
and density of housing. Based on this meeting, the Planning Commission shall submit its comments to the comments in writing shall not be deemed to be an approval of any application,
subdivision, or land development or to vest any rights in the applicant. I I applicant. The failure of the Planning Commission to submit 29
The applicant may, but need not, request further review of the Sketch Plan by the Township Supervisors. If further review is requested, the Township Supervisors may consider the Sketch
Plan, also the written or other comments of the Planning Commission and may meet with the applicant and may advise the applicant as to their comments with respect to the Sketch Plan.
The Board is not required to review the Sketch Plan nor to submit comments to the applicant. Nothing herein contained, not the failure of the Planning Commission nor the Board, nor both,
to proceed or act in accordance with this Section, shall be deemed to be a decision with respect to any subdivision or land development plan or to vest any rights in the applicant. SECTION
405: SUBMISSION OF PRELIMINARY PLAN. A. All Preliminary Plans submitted pursuant to this Ordinance shall conform to the requirements of this Ordinance and shall, in addition, conform
to such administrative regulations of the Board as may have been adopted
by the Board at any time or from time-to-time and at the time such submission is initiated. All submissions shall be on the form promulgated by the Township for the submission or subdivision
of land development plans. B. Official submission of a Preliminary Plan to the Township shall consist of: (1) Two ( 2 ) copies of the application for preliminary subdivision or land
development plan approval on the form promulgated by the Township for this purpose. (2) Ten (10) copies (as specified on the application form) of the Preliminary Plan and all supporting
plans and information to enable proper distribution and review, as required by the Board. ( 3 ) Payment of application fees. C. Copies of the Preliminary Plan and all required supplemental
data initially shall be submitted to the Township Secretary, together with the required fees established in accordance with the terms of this Ordinance. application, and fees. The application
shall not be deemed to be submitted until a complete application and the required fees have been submitted. The said Secretary shall make a preliminary review of the application. If
the Secretary determines that the application is defective on its face, the Secretary shall notify the applicant, who may request the return of all submissions for the purpose of correction
and resubmission. A request for the return of all submissions shall be in writing and shall be deemed to be a withdrawal of the application. The Secretary shall note the date of receipt
of the 30
D. Upon submission of a complete application, together with all required fees, the Township shall accept the application, plans, and other required materials as filed, and shall transmit
the requisite number of copies of the plans and other required materials to the Township Planning Commission and the Township Engineer. In addition, copies shall be transmitted to: (3
(4 ( 5 ) Franklin County Planning Commission (1 copy and referral letter). Hamilton Township Municipal Authority/Sewage Enforcement Officer, whichever is applicable, (2 copies and referral
letter) for review of matters relating to adequacy of the site to sustain on-site or central water and/or on-site or public sewage disposal system. Bear Valley Joint Authority (1 copy
and referral letter). Franklin County Conservation District (1 copy), at the discretion of the Township, for review of matters relating to drainage and abatement of soil erosion and
sedimentation. Any costs for such review shall be paid by the applicant. Such additional persons persons or agencies as the Township shall determine. SECTION 406: REVIEW OF PRELIMINARY
PLAN'. A. Township Planning Commission. (1) The Township Planning Commission shall review all plans referred to it and shall consider any recommendations made by any County Agency, the
Township Engineer, and any other persons or entity who shall have submitted comments with respect to any such application. (2) After such review, the Secretary of the Planning Commission
shall send written notice of the action of the Planning Commission and the reasons therefore, citing specific sections of statutes or ordinances relied upon, to the Board of Supervisors.
B. Board of Supervisors. (1) When a Preliminary Plan has been officially submitted to the Board of Supervisors by the Planning Commission, such Plan shall be placed on its Agenda for
review and action. (2) In acting on the preliminary subdivision or land development plan, the Board shall review the plan and the written comments of the Planning Commission, Township
Engineer, County Planning Commission, and all other reviewing agencies, and comments from public hearings, if any, to determine conformity of the application to the standards of this
and any other applicable 31
. (3 (4) (5) ordinances. The Board may specify conditions, changes, modifications, or additions to the application which the Board deems necessary and may make a decision to grant preliminary
approval subject to such conditions, changes, modifications, or additions, citing appropriate ordinance provisions as prescribed in Subsections 4 and 6 below. For the purposes of Section
508 of Act 247, the Township Planning Commission is the body which first reviews any application. All applications for preliminary approval of a plan shall be acted upon by the Board
of Supervisors and communicated to the applicant within 90 days following the date of the regular meeting of the Planning Commission next following the date the application is filed,
or after a final order of Court remanding an application provided that should the said next regular meeting of the Planning Commission occur more than 30 days following the filing of
the application, or the final order of Court remanding an application, the said 90 day period shall be measured from the 30th day following the day the application is filed. The decision
of the Board shall be in writing and shall be communicated to the applicant personally or mailed to the applicant not later than 15 days following the decision or by the end of said
90 day period, whichever shall first occur. The form and content of the decision shall comply with applicable requirements of Act 247, Section 508. Whenever the approval of a Preliminary
Plan is subject to conditions, the written action of the Board as prescribed herein shall: a. Specify each condition of approval, citing relevant ordinance provisions in each case; and
b. Require the applicant's written agreement to the conditions. Where the applicant's written concurrence is not received within thirty (30) days of the date of the meeting at which
the Board approved the Preliminary Plan, the Board shall be deemed to have denied approval. SECTION 407: SUBMISSION OF FINAL PLAN. A. The Final Plan shall conform to the terms of approval
of the the Preliminary Plan and to the most recent administrative regulations adopted by the Board. B. The Board may permit submission of the Final Plan in sections, pursuant to the
terms of Section 508(4) of Act 247. C. Official submission of a Final Plan to the Township Secretary shall consist of: 32
D. E. F. (1) Two (2) copies of the application for review of Final Subdivision or Land Development Plan on the form promulgated by the Township for this purpose. (2) Ten (10) copies
(as specified on the application form) of the Final Plan and all supporting plans and information to enable proper distribution and review, as required by the Board. ( 3 ) Payment of
application fees and deposit of escrow for plan review cost. Copies of the Final Plan and all required supplemental data initially shall be submitted to the Township Secretary together
with the required fees established in accordance with the terms of this Ordinance. The Secretary shall note the date of receipt of the application and fees. The application shall not
be deemed to be submitted until a complete application and the required fees have been submitted. The Secretary shall make a preliminary review of the application. If the Secretary determines
that the application is defective on its face, the Secretary shall notify the applicant who may request the return of all submissions for the purpose of correction and resubmission.
A request for the return of all submissions shall be in writing, and shall be deemed to be a withdrawal of the application. Upon submission of a complete application, together with all
required fees, the Township Secretary shall accept the application, plans, and other required materials and shall transmit the requisite number of copies of the plans and other required
materials to the Township Planning Commission and the Township Engineer. addition, copies shall be transmitted to such additional persons or agencies as the Township shall determine.
In Where the Final Plan is for a minor subdivision, the requisite number of copies shall be submitted to the County Planning Commission and other applicable agencies for their review
as would be required of a Preliminary Plan pursuant to Section 405 above. SECTION 408: REVIEW OF FINAL PLAN. A. Township Planning Commission. (1) The Planning Commission shall review
the Final Plan submitted and shall consider any recommendations of the Township Engineer, and any other reviewing agency submitting comments. (2) After such review, the Secretary of
the Planning Commission shall send written notice of the action of the Planning Commission and the reasons therefore, citing specific sections of statutes or ordinances relied upon to
the Board of Supervisors. 33
. B. Board of Supervisors. When a written report on a Final Plan has been officially returned to the Board of Supervisors by the Planning Commission, such plan shall be placed on the
Agenda of the Board of Supervisors for review. Upon receipt of the Planning Commission’s recommendation and other supporting information, the Board shall, at one or more regular or special
public meetings, review the final plan and shall, within the time limitations set forth herein below, either approve or disapprove the plan. Notwithstanding the foregoing procedure,
the Board shall render a decision on all final plans and communicate it to the applicant not later than ninety (90) days following the date of the regular meeting of the Planning Commission
next following the date the application is filed, or after a final order of court remanding an application, provided that should the said next regular meeting occur more than thirty
(30) days following the filing of the application, or after a final order of court remanding an application, the said ninety (90) day period shall be measured from the 30th day following
the day the application has been filed. The decision of the Board shall be in writing and shall be communicated to the applicant personally or mailed to him at his last known address
not later than fifteen (15) days following the decision or by the end of the said ninety ( 9 0 ) day period, whichever shall first occur. The form and content of the decision shall comply
with applicable requirements of Act 247, Section 508. Copies of the Final Plan as finally approved, with the appropriate endorsement of the Board of Supervisors shall be distributed
as follows: a. At least three (3) copies, at least one (1) of which shall be recorded in accordance with Section 411, to the applicant. b. One (1) copy to the Township Municipal Authority.
c. One (1) copy to the County Planning Commission. d. Two (2) copies (one of which shall be mylar) to be retained in the Township files, together with one (1) copy of all supporting
materials. C. Every Final Plan approval shall be subject to these further conditions: (1) The applicant shall execute a Subdivision and Land Development Agreement in accordance with
Section 409. 34
The applicant shall construct all improvements as provided in Section 409, or, in lieu thereof, shall provide a Performance Guarantee in accordance with Section 410. The applicant agrees,
if requested, to tender a deed of dedication to the Township for such streets, any and all easements for sanitary sewers, water lines, or storm sewers, and improvements thereto, including
street paving, sidewalks, shade trees, water mains, fire hydrants, sanitary and storm sewers, manholes, inlets, pumping stations, and other appurtenances as shall be constructed as public
improvements and are required for the promotion of public welfare, after all streets, sidewalks, sewers, and the like are completed and such completion is certified as satisfactory by
the Township Engineer. The Board may require that the applicant supply a title insurance certificate from a reputable company before any property is accepted for the Township. Whenever
the applicant is providing open space as part of the development, an easement in perpetuity restricting such open space against further subdivision or development shall be executed between
the applicant and the Township or an organization acceptable to the Township, and shall run to the benefit of the Township and lot purchasers in the subdivision or land development.
The applicant shall have applied for all required permits from agencies having jurisdiction over ancillary matters necessary to effect the subdivision or land development, such as Pennsylvania
Departments of Transportation and Environmental Resources and Public Utility Commission. If access to a highway under the jurisdiction of the Department of Transportation is required,
the Plan must contain a notice that a highway occupancy permit is required pursuant to Section 420 of the Act of June 1, 1945, (P.L. 1242, No. 4281, known as the "State Highway Law"
before driveway access to a state highway is permitted. SECTION 409: SUBDIVISION AND LAND DEVELOPMENT AGREEMENTS. The applicant shall execute an agreement, to be approved by the Township,
before the final plan is released by the Board of Supervisors and filed on record. Said agreement shall specify the following, where applicable: A. The applicant agrees to lay out and
construct all streets and other improvements, including grading, paving, curbs, gutters, sidewalks, street lights, fire hydrants, water mains, street signs, shade trees, storm and sanitary
sewers, landscaping, traffic control devices, open space areas, and erosion and sediment control measures in accordance with the Final Plan as approved, where any or all of these improvements
are required as conditions of approval. 35
. B. The applicant guarantees completion and maintenance of all improvements by means of a type of financial security acceptable to the Township, as specified in Sections 410 and 802
of this Ordinance. C. The applicant agrees to tender a deed or deeds of dedication to the Township for such streets and for such easements for sanitary and storm sewers, sidewalks, manholes,
inlets, pumping stations, and other appurtenances as shall be constructed as public improvements, provided that the Township shall not accept dedication of such improvements until their
completion is certified as satisfactory to the Township Engineer. D. Whenever an applicant proposes to establish or continue a street which is not offered for dedication to public use,
the Board of Supervisors shall require the applicant to submit, and also to record with the plan, a copy of an agreement made with the Board on behalf of himself and his heirs and assigns,
and signed by him, and which shall establish the conditions under which the street may later be offered for dedication, and shall stipulate, among other things : (1) That an offer to
dedicate the street shall be made only for the street as a whole. (2) That the Township shall not be responsible for repairing or maintaining any undedicated streets. ( 3 ) That the
method of assessing repair and maintenance costs of undedicated streets be stipulated, and be set forth in recorded deed restrictions so as to be binding on all successors or assigns.
(4) That, if dedication be sought, the street shall conform to the Township specifications, as existing on the date offered for dedication, or that the owners of the abutting lots shall,
at their own expense, construct the street to Township specifications w existing on the date offered for dedication. SECTION 410: PERFORMANCE GUARANTEES. A. In lieu of constructing all
improvements before final subdivision approval, the applicant may deposit with the Township financial security in an amount sufficient to cover the cost of constructing and the cost
of inspecting the construction of improvements and common amenities, including but not limited to streets, walkways, curbs, gutters, street lights, shade trees, stormwater detention
and/or retention facilities, pipes and other related drainage facilities, recreational facilities, open space improvements, buffer or screen plantings and, except as provided for in
Section 410.F. hereof, water mains and other water supply facilities, fire hydrants, and sanitary sewage disposal facilities. 36
I ., Financial security required herein shall be in the form of a Federal or Commonwealth chartered lending institution irrevocable letter of credit, a restrictive or escrow account
in such institution or with a financially responsible bonding company, or such other type of financial security which the Township may, in its reasonable discretion, approve. The bonding
company may be chosen by the party posting the financial security, provided that the said bonding company or lending institution is authorized to conduct business within the Commonwealth
and stipulates that it will submit to Pennsylvania jurisdiction and Franklin County venue in the event of legal action. The said financial security shall provide for, and secure to the
public, the completion of all subdivision improvements and inspection fees for which such security is being posted within one year of the date fixed in the subdivision plan and subdivision
agreement for completion of such improvements. The amount of financial security shall be equal to one hundred ten percent (110%) of the estimated cost of completion of the required improvements,
submitted by the applicant or developer and prepared by a professional engineer licensed as such in the Commonwealth of Pennsylvania and certified by such engineer to be a fair and reasonable
estimate of such costs. Township, upon the recommendation of the Township Engineer, may refuse to accept such estimate for good cause shown. If the applicant or developer and/or the
Township are unable to agree upon an estimate, then the estimate shall be recalculated and recertified by another professional engineer licensed as such in the Commonwealth of Pennsylvania
and chosen mutually by the Township and the applicant or developer. estimate certified by the third engineer shall be presumed fair and reasonable and shall be the fair estimate. In
the event that a third engineer is so chosen, fees for the services of said engineer shall be paid equally by the Township and the applicant or developer. If the applicant or developer
posting the financial security requires more than one year from the date of posting of the financial security to complete the required improvements, the amount of financial security
may be increased by an additional ten percent (10%) for each one-year period beyond the first anniversary date of posting a financial security or to an amount not exceeding one hundred
ten percent (110%) of the cost of completing the required improvements as re-established on or about the expiration of the preceding one year-period. The In the case where development
is projected over a period of years, the Board of Supervisors may authorize submission of final plans by section or stage of development, subject to such requirements or guarantees as
to improvements in the future sections or stages of development as it finds essential for the protection of any finally approved section of the development, and consistent with the terms
of Section 508(4) of Act 247. 37 I
If water mains or sanitary sewer lines, or both, along with apparatus or facilities related thereto, are to be installed under the jurisdiction and pursuant to the rules and regulations
of a public utility or municipal authority separate and distinct from the Township, financial security to assure proper completion and maintenance thereof shall be posted in accordance
with the regulations of the controlling public utility or municipal authority and shall not be included within the financial security as otherwise required by this Section. Financial
Security will not be required to the Township for the costs of any improvements for which the Pennsylvania Department of Transportation requires and receives financial security in connection
with the highway occupancy permit. As the work of installing the required improvements proceeds, the party posting the financial security may request the Board of Supervisors to release
or authorize to be released, from time-totiime such portions of the financial security necessary for payment to the Contractor or Contractors performing the work. Any such requests shall
be in writing addressed to the Board of Supervisors. The Board shall, within ten days after receipt of such notice, direct and authorize the Township Engineer to inspect all of the subject
improvements. The Township Engineer shall, thereupon, file a report, in writing, with the Board of Supervisors and shall promptly mail a copy of the same to the subdivider or developer
by certified or registered mail. The report shall be made and mailed within thirty (30) days after receipt by the Township Engineer of the aforesaid authorization and direction from
the Board of Supervisors. The aforesaid report shall be detailed and shall indicate approval or rejection of said improvements, either in whole or in part, and if said improvements,
or any portion thereof, shall not be approved or shall be rejected by the Township Engineer, said report shall contain a statement of reasons for such nonapproval or rejection. Upon
such certification, the Board within fifteen days of the receipt of the Township Engineer's report, shall notify the developer of the action of the Board. certification by the Township
Engineer, the Board shall authorize release by the bonding company or lending institution of an amount as estimated by the Township Engineer fairly representing the value of the improvements
completed. The Township Engineer, in certifying the completion of work for a partial release, shall not be bound to the amount requested by the applicant, but shall certify to the Board
his independent evaluation of the proper amount of partial releases. The Board may, prior to final release at the time of completion and certification by the Township Engineer, require
retention of 10 percent (10%) of the estimated cost of the aforesaid improvements as per Section 802 of this Ordinance. Upon appropriate SECTION 411: RECORDING OF FINAL PLAN. Within
ninety (90) days of final approval of a final plan by the Supervisors, or the date the approval of the Supervisors is noted on the 38
plan, whichever is later, the final plan shall be recorded by the applicant in the office of the Recorder of Deeds of Franklin County. Failure to record the final plan within the prescribed
ninety (90) days shall be deemed a withdrawal of final approval by the Township. After a plat has been approved and recorded as provided in this article, all streets and public grounds
on such plat shall be, and become part of, the official map of the Township without public hearing. This notwithstanding, ownership/title to the same shall not transfer to the Township
until formally dedicated and accepted by the Board. SECTION 412: COMMENCEMENT OF DEVELOPMENT. A. B. C. No construction or land disturbance activities (not including soil or percolation
testing, well drilling, or similar engineering or surveying activities) shall be commenced until the applicant submits to the Township Secretary a copy of the Recorder of Deeds' receipt
for recording of the Final Plan. No application for a Building Permit shall be submitted and no Building Permit shall be issued for any building in any subdivision or land development
and no work shall be done on any building in any subdivision or land development until the Final Plans for the said subdivision or land development have been approved and recorded as
provided and until the terms of Section 412.A. hereof have been satisfied. Further, where final subdivision or land development approval has been conditioned upon the submission and
approval of individual lot grading plans for some or all of the lots, no Building Permit shall be issued for construction on any such lot until this condition has been met. No water
system or sewer system, including extensions to existing or proposed Township systems or new systems employing sewage treatment plants, shall be constructed prior to the issuance of
appropriate permits from the Pennsylvania Department of Environmental Protection or from Federal or Local Agencies, as required. SECTION 413: TIME LIMITATION OF PLANS. The continuing
validity of any approval of plans in accordance with this Article shall be subject to those limitations established by Section 508(4) of Act 247 as the same is from time-to-time amended.
SECTION 414: PLAN AMENDMENTS: Major modifications of the approved plan, as determined by the Township, shall be resubmitted and reprocessed in the same manner as the original plan. All
site disturbance activities shall cease pending approval of modified plans. Each such plan shall contain a notation on the face sheet that it is an amendment of a prior plan and shall
identify the prior plan and the amendments and if recorded, the volume and page reference to such recording.
4 ARTICLE V PLAN CONTENT REOUIREMENTS SECTION 500: Sketch Plans A. B. C. D. E. F. G. SKETCH PLAN SPECIFICATIONS. and data shall include the following: General information describing
or outlining existing covenants, land characteristics, community facilities and utilities, and information describing the proposed subdivision or land development such as the number
of residential lots, typical lot width and depth, parking areas, business areas, playgrounds, park areas, common open space, other public areas, proposed protective covenants, proposed
utilities, and street improvements. A copy of the report on Soils Characteristics of the site prepared by Franklin County Conservation District. A copy of the Report from the County
Conservation District indicating the extent of Erosion Control Plans needed and whether a permit for such earth moving activity is required from the Department of Environmental Protection,
or an approval of the Erosion Control Plan by the County Conservation District. Evidence in writing, where one hundred (100) or more dwelling units are proposed in a subdivision or land
development, from the School District in which the subdivision or land development is located containing the review and comments of the School District on the proposed development. A
copy of a Report, where one hundred (100) or more dwelling units are proposed in a subdivision or land development, indicating an estimated volume of vehicular traffic movement and the
adequacy of the proposed and existing streets and highways to carry the traffic both within and beyond the proposed development including possible solutions to such problems as may be
thereby identified. A copy of a Report, indicating the general arrangement for storm water drainage, the estimated volume to be generated and the effect of such volumes on the drainage
ways or streams within the development in accordance with the requirements of Section 606. A copy of a Report, where one hundred (100) or more dwelling units are proposed in a subdivision
or land development, indicating the general arrangement for water supply including the location, source, type, and capacity of the proposed supply to serve the proposed development signed
by a Registered Engineer or a letter from a public water agency that their facilities are capable of and they are willing to supply water to the project. 40
H. Location Map showing the relationship of the proposed subdivision or land development to existing community facilities which serve or influence it including the development name,
location of any existing community facilities, traffic arteries, utilities, churches, shopping centers, airports, hospitals, principal places of employment, title, scale, north arrow,
and date. I. Property Map showing the entire lot, tract or parcel to be affected by the proposed subdivision or land development drawn to a scale of one inch (1") equals one hundred
feet (100') or less. A different scale may be used subject to the approval of the Township. Said map shall include the following: The proposed name of the subdivision or land development.
Name of applicant. Name of Registered Owner and a signed statement that he desires the land to be subdivided or developed. Where land is in more than one name, all owners must sign.
North Point, scale, and date. Name of Engineer, Surveyor, or other qualified person responsible for the map. Tract boundaries with bearing and distances. Approximate location of water
courses, tree masses, rock outcroops existing buildings, and actual location of sewers, inlets, water mains, easements, fire hydrants, railroads, existing or confirmed streets and their
established grades. Adjacent streets. J. Sketch Plan, drawn on a print of the property map, showing in a simple sketch form the proposed layout of streets, lots, and other features,
in relation to existing conditions. SECTION 501: PRELIMINARY PLAN SPECIFICATIONS. A. The Preliminary Plan shall
be of the entire lot, tract or parcel based on a survey of the property and shall be drawn to a scale of one inch (1") equals one hundred feet (100') or less. Where a smaller scale
is proposed, such scale shall be subject to the prior approval of the Township in accordance with the act of May 23, 1945 ( P . L . 913, No. 367), known as the "Engineer, Land Surveyor
and Geologist Registration Law," or the act of January 24, 1966 (1965 P.L.1527, No. 5351, known as the "Landscape Architects' Registration LawN when it is appropriate to prepare the
plat using professional services as set forth in the definition of the Practice of Landscape Architecture under Section 2 of that act. The Preliminary Plat shall show: 41 I
Existing contours at vertical intervals of five feet (5l) or less, as required by the Township Supervisors or Engineer, for the entire lot, tract or parcel. The layout, names, and widths
of right-of-way, cartway and paving of proposed streets, alleys, and location and width of, necessary or proposed easements, for the entire lot, tract or parcel. The layout, for the
entire lot, tract or parcel, of lots showing approximate dimensions, lot numbers and approximate area of each lot. Parcels of land intended to be dedicated or reserved for schools, parks,
playgrounds, parking areas, common open space, or other public, semi-public, or community purpose. Preliminary Plan shall be accompanied by the following data and maps : (1) A profile
of each street, including grades. (2) Location plans of existing and proposed utility mains. (3) Location plans of proposed sanitary sewer, storm water management and any proposed water
distribution systems. (4) A profile of the proposed sanitary and s t o r m water management facilities, and water lines, with invert elevations, and connections to existing systems.
( 5 ) A preliminary Erosion and Sedimentation Plan together with a report of the County Conservation District if a permit for earth moving activity is required from the Department of
Environmental Protection under the Rules and Regulations, Chapter 102, "Erosion Controltt,P .L. 1987, June 23, 1937, as amended. (See Section 406-1-b and 406-1-c.) (6) A completed sewage
"Plan Revision Module for Land Development" or equivalent information sufficient to comply with the planning requirements of the Pennsylvania Sewage Facilities Act and Section 71.14
of Chapter 71 of Title 25 of the Pennsylvania Code for submission by the municipality to the Department of Environmental Protection. (7) Each plat shall contain a notice that a highway
occupancy permit is required pursuant to section 420 of the Act of June 1, 1945 (P.L. 1242, No.428) known as the "State Highway LawN before driveway access to a State highway is permitted.
42
SECTION 502: FINAL PLAN SPECIFICATIONS: The Final Plan shall be drawn on reproducible linen, or other reproducible material of equal quality (24" x 36" or less) in size at a scale of
1" = 100' or less and show: A. B. C. D. E. F. G. H. I. J. K. L. M. N. 0. Primary control points, approved by the Engineer, or description and "ties" to such control points, to which
all dimensions, angles, bearings, and similar data on the plat shall be referred. Tract boundary lines, right-of-way lines or streets, easements, and other right-of-way, and property
line of residential lots and other sites with accurate dimensions, bearings, or deflection angles, and radii, arcs, and central angles of all curves. Name and right-of-way width of each
street or other right-of-way. Location, dimensions, and purpose of easements. Number to identify each lot and/or site. Purpose for which sites other than residential lots are dedicated
or reserved. Building setback lines on all lots and other sites. Location and description of survey monuments. reference monuments shall be significantly identified on the plat. Names
of record owners of adjoining unplatted land. All permanent Reference to recorded subdivision plats of adjoining platted land by record name, date, and number. Certification by a Registered
Surveyor, e~ Registered Engineer, or Registered Landscape Architect as appropriate by law, licensed in the State of Pennsylvania, certifying to accuracy of survey and plat and that such
accuracy is to a minimum precision of one unit of error per ten thousand units. Certification of title showing that applicant is the owner of land, agent of the landowner or tenant with
written permission of the landowner. Notarized acknowledgment by owner dedicating streets, right-of-way and any sites for public uses which are to be dedicated. Proposed contours at
vertical intervals of five feet (5') or less as required by the Township or Township Engineer. Other Data: The Final Plan shall be accompanied by the following data and plans as prescribed
by the Township, or as required by the laws of the Commonwealth. 43
Profiles of streets and alleys showing grades. Typical Cross Sections of each type of street, minor street, collector, etc., showing the width of right-of-way, width of cartway, location
and width of sidewalks or curbs, if required, and location and size of utility mains. Plans and profiles of proposed sanitary, and storm water sewers, with grades and pipe size indicated,
and a plan of any proposed water distribution system, showing pipe sizes and location of valves and fire hydrants. A Final Erosion and Sedimentation Control Plan, showing the location
and types of erosion and sediment control measures and in the case of a subdivision involving five (5) acres or more of earth moving, a report signed by the County Conservation District,
indicating that the plan has been prepared and reviewed as required by "The Clean Stream Law of Pennsylvania", Act 222, July 31, 1970, as amended. If applicable, a copy of a Permit issued
and signed by the Department of Environmental Protection as required by the Rules and Regulations, Chapter 102, "Erosion Control", under P.L. 1987, June 22, 1937, as amended. (See Section
406-1-a, 406-1-b, and 406-1-c.) In the case of subdivision and land development plans proposed for the sale of lots only, the subdivider shall include on the Final Plan, a covenant with
the land assuring the implementation by the lot owners of the Erosion and Sedimentation Control Plan. A copy of the sewage "Plan Revision Module for Land DevelopmentI1 or other equivalent
documentation approved by the Department of Environmental Protection in compliance with the requirements of the Pennsylvania Sewage Facilities Act 537, and Section 71.14 of Chapter 71
of Title 25 of the Pennsylvania Code as amended. Such other certificates, affidavits, endorsements, or dedications as may be required by the Township in the enforcement of these regulations.
plats and surveys shall be prepared in accordance with the act of May 23, 1945 (P.L. 913, No. 367), known as the "Engineer, Land Surveyor and Geologist Registration Law," or the act
of January 24, 1966 (1965 P.L.1527, No. 535), known as the "Landscape Architects' Registration Law" when it is appropriate to prepare the plat using professional services as set forth
in the definition of the Practice of Landscape Architecture under Section 2 of that act. 44
ARTICLE VI DESIGN STANDARDS SECTION 600: STREETS. A. General Standards. The arrangement, character, extent, width, grade, and location of all streets shall be considered in their relation
to existing and planned streets, to topographical conditions, to public convenience and safety, and in the appropriate relation to the proposed uses of the land to be served by such
streets. Where not shown on the Official Map or Community Master Plan, the arrangement and other design standards of streets shall conform to the following: (1) The arrangement of streets
in new subdivisions shall make provisions for the continuation of existing streets in ad j oining areas. (2) Where adjoining areas are not subdivided, the arrangement of streets in new
subdivisions shall make provision for the proper projection of streets to adjoining land. ( 3 ) Whenever any subdivision or land development adjoins, abuts, fronts, or is connected to
any State (Legislative Route) or Federal Highway it shall conform to the Regulations of the Pennsylvania Department of Transportation. ( 4 ) All plans for subdivision or land development
along existing streets or roads shall grant to the Township a twenty-five foot (25') right-of-way from the center line of the existing road or street for road purposes. (5) All roads,
streets, lanes and alleys shall, whenever possible, connect with existing highways so as to form continuance or extensions thereof, and shall not be less in width than such existing
highways, unless an exception be granted by the Board of Township Supervisors. All highways shall be graded to the full width of the right-of-way, and all culverts, bridges and storm
sewers shall be constructed for the full width of the base of the highway. When a land development or subdivision submission proposes to incorporate cul-de-sac streets in its design,
an area or areas adjacent to the cul-de-sac of sufficient size to contain a volume of snow equivalent to one foot (1') on the paved area of the cul-de-sac shall be depicted and designated
on the plans as an easement for purposes of snow removal from the paved area of the cul-de-sac. This area shall be in a location adjacent to the cul-de-sac where snow plowed from the
cul-de-sac may be deposited without special maneuvering by the snowplow. 45
B. Alleys. Alleys shall be prohibited in Residential Districts except where proved to be necessary. They shall not be dedicated to the Township, and provision for their maintenance acceptable
to the Township shall be provided. C. Intersections. Street intersections shall be designed according to following standards: No more than two (2) streets shall cross at the same point.
Street intersections shall be at right angles, wherever possible, and intersections of less than sixty degrees (measured at the center lines of the streets) will not be permitted. Intersecting
streets shall not enter into the same side of collector of major streets at intervals of less than eight hundred feet ( 8 0 0 ' ) . Minor streets entering another street from opposite
sides should be directly opposite each other or, if necessary, they shall be separated by at least three hundred feet (300') between center lines measured along the center line of the
cross street. Greater offset may be required by the Township Supervisors depending on the importance of the cross street. Maximum grade within any intersection shall not exceed five
percent in any direction, and approaches to any intersection shall follow a straight course within one hundred feet (100') of the intersection. D. Intersection Curve Radii. At intersections
of streets, the curb or edge of pavement radii shall not be less than 40 feet ( 4 0 ' ) and substantially concentric with or parallel to the chord of corners. E. Intersection Sight Distance.
Proper sight lines must be maintained at all intersections. (1) Where intersections occur between proposed new streets within a new subdivision there must be a clear sight triangle of
seventy-five feet ( 7 5 ' ) based on the measurement along the centerline of the streets four feet ( 4 ' ) above the centerline. No building or obstruction shall be permitted in this
area. (2) Where intersections occur between proposed new streets or providing access to separate parcels of land and State Highway (Legislative Routes, Pennsylvania Routes and United
States Routes) or Arterial Streets there must be a clear sight triangle provided in accordance with the requirements of the Pennsylvania Department of Transportation. F. Streets Not
In Alignment. If streets are not in alignment, the distances between the centerlines of streets opening on opposite sides of an existing or proposed street shall be no less than one
hundred fifty feet (150'). 46
G. Sight Distance. Sight distance must be provided with respect to both horizontal and vertical alignment, measured along the centerline of the streets, four feet ( 4 ' ) above grade.
This sight distance must be as follows: TYPE OF STREET SIGHT DISTANCE Col lector 300 Feet Minor 150 Feet H. Curves. Where connecting street lines deflect from each other at any one point
by more than 10 degrees, the line must be connected with a true, circular curve. The minimum radius of the centerline for the curve must be as follows: TYPE OF STREET MINIMUM RADIUS
Col lector Minor 300 Feet 150 Feet Straight portions of the street must be tangent to the beginning or end of curves. Except for minor streets there must be a tangent from centerline
of at least 100 feet between reverse curves. I. Street Widths. Minimum street right-of-way and cartway widths shall be as follows: Each street and road designed and/or intended to provide
access to a lot or a development, whether the same is to remain private or be dedicated to the Township, shall have a minimum width of fifty feet ( 5 0 ' ) from property line to property
line. If street or road is not to be dedicated to the Township and is designed to serve two ( 2 ) or fewer lots, the street or road need not be constructed to Township standards. However,
no road or street not constructed to Township standards may be dedicated to the Township and a note to this effect must be clearly imprinted on the plans. If the street or road is designed
to serve more than two (2) lots it must be constructed to Township standards. Each street or road where it intersects another street or road shall have a radius on each side of the intersection
of at least forty feet ( 4 0 ' ) . All streets intended to provide access to a lot or a development, whether intended to be dedicated to the Township or not shall have a minimum paved
cartway width of twenty-four feet ( 2 4 ' ) with not less than four feet ( 4 ' ) shoulder on each side; provided, however, for good cause shown, the Supervisors may waive this paving
requirement subject, nevertheless, to such reasonable restrictions as they may determine appropriate. All streets intended to be dedicated to the Township shall be constructed in accord
with the Typical Road Cross-Section illustrated on page 48 next following. 47
I 4" BCBC /\ WELL COMPACTED i CUT ROGSIDE DITCH ONE FOOT IKTO W!STJNC CiWX WHERE SHOWN. THE MSCH ROW LINE GRADE S W FOLLOW THE EXWING GRADE. . v TYPICAL ROAD CROSS-SECTION
Provision for additional street width (cartway and right-of-way) may be required when determined to be necessary by the Township in specific cases for: (1) Public safety and convenience.
(2) Parking in commercial and industrial areas and in areas of high density development. (3) Street extensions where new streets shall be laid out to continue existing streets at no
reduction in width and in cases where greater widths may be required. J. Dead-end Streets: Dead-end streets shall be prohibited unless constructed as cul-de-sacs meeting the following
criteria: Permanent cul-de-sacs or dead end streets, in a residential district, shall terminate at the closed end with a paved turnarooun having a minimum right-of-way radius from the
center of the cul-de-sac to the edge of the right-of-way of sixty ( 6 0 ) feet and the same shall be constructed as illustrated on Page 50 next following. There shall be no more than
three (3) driveways off the circular turn around and no panhandle lots shall be accessed from the cul-de-sac. There shall be no half-moon cul-de-sacs. Commercial and industrial cul-de-sacs
shall be constructed at least to meet the minimum criteria established next above and may require a larger radius depending upon the type of use to be serviced. Whenever a development
proposes the use of cul-de-sacs as referenced in the two paragraphs next above, there shall be a note added to the plans that responsibility for maintenance of the grass area shall be
allocated to the property owners owning lots on the cul-de-sac with maintenance responsibility being allocated to each lot in accord with the percentage of front footage of each lot
relative to total frontage of the cul-de-sac. In addition to the note on the plans, every deed issued for land fronting on a cul-dessa shall contain a clause assigning maintenance responsibility
for the grass area to the abutting property owners in accord with the percentage each lot fronts on the cul-se-sac, based upon the total front footage of all lots fronting on the cul-de-sac.
Permanent cul-de-sac streets shall not exceed one thousand feet (1,000') in length. A cul-de-sac street shall not intersect another dead-end street. Any development with streets exceeding
one thousand feet (1,000') in length must provide two or more means of ingress and egress. 49
50
J K. Street Grades. (1) The grades of streets shall not be less than the minimum nor more than the maximum requirements listed below: TYPE OF STREETS MINIMUM GRADE MAXIMUM GRADE Arterial
Streets 0.5% As determined by the Townshhi after consultation with the Pennsylvania Department of Transportation Collector Streets 0.5% Eight Percent ( 8% 1 Minor Streets 0.5% Ten Percent
(10%) (2) Vertical curves shall be used in changes of grades exceeding one percent (l%), and shall be designed for maximum visibility. Intersections shall be approached on all sides
by leveling areas. Where the grade exceeds seven percent (7%) , such leveling areas, shall have a minimum length of sixty feet ( 6 0 ' ) (measured from the intersection of the centerline)
within which no grade shall exceed a maximum of four percent (4%). L. Slopes of Banks Along Streets. The slope of banks along streets measured perpendicular to the street centerline
shall be no steeper than the following: (I) One foot (1') of vertical measurement for two feet ( 2 ' ) of horizontal measurement for fills. (2) One foot (1') of vertical measurement
for two feet ( 2 ' ) of horizontal measurement for cuts in soil and one foot (1') horizontal to one foot (1') vertical in rock. M. Partial and Half Streets. The dedication of half streets
at the perimeter of a new subdivision is prohibited. N. Names of Streets. or platted street names, or approximate such names by the use of suffixes such as "land", Ilway", lldrivell,l
court,i il lavenue.l lI n approving the names of streets, cognizance may be given to existing or platted street names within the postal delivery and Civil Defense District served by
the Local Post Office. New streets shall bear the same name or number of any continuation of alignment with an existing or platted street. Names of new streets shall not duplicate existing
SECTION 601: EASEMENTS. A. Easements shall be provided for drainage facilities, overhead or underground public utility facilities in consultation with the Township's Engineer, the Electrical
Utility Companies, the Pennsylvania Department of Transportation, the Telephone Utility Companies, and the Water and Sewer Authorities. 51
? (1) The minimum width of such easements shall be ten feet (10'). Additional width may be required by the Township depending on the purpose and use of the easements. ( 2 ) Wherever
possible, such easements shall be centered on each side or rear lot lines, or along the front lot lines. B. Where a subdivision is traversed by a water course, drainage way, channel,
or stream, there shall be provided a drainage easement conforming substantially with the line of such water course, drainageway, channel, or stream and of such width as will be adequate
to preserve the unimpeded flow of natural drainage or for the purpose of widening, deepening, relocating, improving or protecting such drainage facilities or for the purpose of installing
a storm water management facility. SECTION 602: BLOCKS. Blocks shall not exceed sixteen hundred feet (1,600') in length and shall be of sufficient depth to permit two ( 2 ) tiers of
lots except as otherwise provided herein, SECTION 603: LOTS. The arrangement and other design standards of lots shall conform to the following requirements: A. Layout of Lots. Every
lot should abut a street. Side lot lines should be substantially at right angles or radial to street lines. B. Double Frontage. Double frontage lots shall be avoided, except that where
desired along limited access highways, lots may face on an interior street, and back on such thoroughfares. Interior lots having frontage on two streets shall be avoided except where
unusual conditions make it necessary. Subdivision proposing double frontage lots or tracts shall be provided with restrictive covenants prohibiting access to the major highway or thoroughfare.
C. Dimensions and Areas of Lots. The dimensions and areas of lots shall conform to the following requirements: Lots Not Served by Public Water and Public Sanitary Sewers. Residential
lots, for single family detached dwellings not served by public water or public sanitary sewers, the land meeting the necessary percolation and soil survey standards, shall be not less
than one hundred feet ( 1 0 0 ' ) wide measured at the minimum required front building setback line, nor less than twenty thousand square feet (20,000 Sq. Ft.) in area, per dwelling
unit. Each of said lots shall have at least ten feet (10') reserved along each side of the lot for open space and shall have a building setback line of at least thirty-five feet (35')
from the edge of the right-of-way. 52
(2) Lots Served by Public Water Only. Residential lots, for single family detached dwellings served by public water but without public sewer, the land meeting the necessary percolation
and soil survey standards, shall be not less than one hundred feet (100,) wide measured at the minimum required front building setback line, nor less than fifteen thousand square feet
(15,000 Sq. Ft.) in area, per dwelling unit. Each of said lots shall have at least ten feet (100 reserved along each side of the lot for open space and shall have a building setback
line of at least thirty-five feet (35‘) from the edge of the right-of-way. ( 3 ) Lots Served by Public Sewer Only. Residential lots served by public sewer but without public water supply
shall contain at least fifteen thousand square feet (15,000 Sq. Ft.) of area and shall have at least one hundred feet (100’) of width at the building setback line and shall reserve at
least ten feet (10’) along each side of the lot for open space and shall have a building setback line of at least thirty-five feet (35‘) from the edge of the road right-of-way. (4) Lots
Served by Public Water and Public Sanitary Sewers. Residential lots served by both public water and public sanitary sewers shall conform to the following requirements: Single Family,
Detached Dwell ing Single Family, Attached Dwelling (Townhouses) Two-Family, Detached dwelling (A two story dwelling with one dwelling unit constricted over the other) Two-Family, Semi-Detached
Dwelling (A single story dwelling unit with one dwelling unit constructed beside the other) Multi-Family Dwelling MINIMUM LOT WIDTH MEASURED MINIMUM LOT AT THE MINIMUM AREA PER FRONT
SETBACK LINE DWELLING UNIT 12,000 Square Feet 80 Feet 20 Feet 2 , 400 per dwelling unit Square Feet 80 Feet 6,000 Square Feet 50 Feet 6,000 per dwelling unit Square Feet 100 Feet 2 ,
400 Square Feet 53
Each lot shall reserve at least ten feet (10’) along each side of the lot for open space and shall have a building setback line of at least thirty-five feet ( 3 5 ‘ ) from the edge of
the road right-of-way. Two Family Detached and Two Family Semi-Detached Dwellings. Where there is no off-site water supply and no off-site sewer, the lot shall be sufficient to provide
not less than twenty thousand square feet (20,000 Sq. Ft.) for each dwelling unit with not less than one hundred feet (100‘) of width at the building line, and a building setback line
of not less than thirty-five feet ( 3 5 ’ ) from the edge of the road right-of-way and with at least ten feet (10’) reserved on both sides of the two family detached dwelling and on
one side of each two family semi-detached dwelling. Where there is off-site water supply but no off-site sewer, the lot shall be sufficient to provide each dwelling unit not less than
fifteen thousand square feet (15,000 Sq. Ft.) of area with not less than one hundred feet (100,) width at the building line and a setback line of at least thirty-five feet ( 3 5 ’ )
from the edge of the road right-of-way and with at least ten feet (10‘) reserved on both sides of the two family detached dwelling and on one side of each two family semi-detached dwelling.
Where there is off-site sewer connections but without off-site water supply, the lot shall be sufficient to provide each dwelling unit not less than fifteen thousand square feet (15,000
Sq. Ft.) of area with not less than one hundred feet (100,) width at the building line and a setback line of at least thirty-five feet (35’) from the edge of the road rightoofway and
with at least ten feet (10‘) reserved on both sides of the two family detached dwelling and on one side of each two family semi-detached dwelling. Multi-Family Dwellings (Apartments).
Structures containing apartments are only permitted where there is available both off-site water and sewer. There shall be a building setback line of at least thirty-five feet (35’)
from the edge of the road right-of-way. There shall be at least ten foot (10’) reserved along each side of the lot for open space and at least two thousand four hundred square feet (2,400
Sq. Ft.) of area shall be provided for each apartment. Single Family, Attached Dwellings (Townhouses). Townhouses will only be permitted where off-site water and off-site sewer are available.
The number of units in each structure shall be limited to eight (8) dwelling units. There shall be a building setback line of at least thirty-five feet (35‘) from the edge of the road
right-of-way. A right-of-way at least twenty feet (20’) wide shall be provided for access along or over the property of at least one of the two end units and to the rear of each area
allotted for each dwelling unit in the townhouse 54
which right-of-way shall be shown on the subdivision plans and identified as such. At least twenty-five feet (25') shall be reserved between each end dwelling unit with twenty feet (20')
of that area identified as a right-of-way for access to the right-of-way required at the rear of the development. Each row of townhouses shall be at least fifty feet (50') from any other
townhouse or residence. ( 8 ) Lots in Recreational Vehicle Parks or Campgrounds. On land laid out as a recreational vehicle park or camp ground, not served by public water and sanitary
sewers (provided, however, that water and sewers are provided in accordance with standards of, and approved by, the Pennsylvania Department of Environmental Protection), the lot shall
be not less than fifty feet (50') wide nor less than five thousand square feet (5,000 Sq. Ft.) in area for each recreational vehicle or campground lot, exclusive of streets and other
public areas. utilization of llclusteratrfr angement of vehicle or camping facilities in conjunction with open or green areas shall be reviewed on the basis of the plan submitted, which
should provide for an average of 5,000 Square Feet of land area per vehicle or camping space unit. Facilities proposing the (9) Lots for Other Than Residential Uses. The lot width and
area requirements of properties reserved or laid out for uses other than residential shall provide adequate space for yard and offstrree loading, unloading and parking facilities. Subdivision
plats for uses other than residential shall be accompanied by plans of contemplated construction on the subdivision lots in sufficient detail to assure that these requirements are being
satisfied. (10) Lots, Sizes and Soil Suitability. a. The applicant shall arrange for the required tests to be made on the tract as prescribed by the Department of Environmental Protection
in order to provide the data necessary for the platting of lots for adequate size for on-lot sewage disposal or to determine the need for other sewage disposal methods. b. The results
results of these tests shall be submitted to the Township in a module signed by the Department of Environmental Protection and subdivider showing the review and comments on the proposed
sewage treatment facilities. c. From the results of these tests and reports, the lot size shall be established large enough to provide for specified minimum area required for the absorption
field as prescribed in accordance with the Department of Environmental Protection report, if on-lot sewage disposal is permitted, but in no case shall the lot size be less than designated
in Section 603.C. 55
d.
Where on-lot water is to be used, the lot(s) shall be large enough so that the water source(s) shall be located no closer to the absorption field of the on-lot sewage facilities than
the distance specified in accordance with the "Rules and Regulations of the Department of Environmental Protection". (11) Lot Sizes on Slopes. The minimum lot areas herein established
shall be increased in accordance with the Township's requirements, based on reports from the Department of Environmental Protection and the Soil Conservation Service indicating that,
because of slope, hazardous conditions exist from surface runoff or subsurface drainage of septic tank effluents. (12) Corner Lots for Residential Use. On corner lots designated for
residential use where a lot is bounded by more than one street, there shall be a building setback from both streets of at least thirty-five feet (35'). On corner lots designated for
nonresidential use, there shall be a building setback that is at least ten percent (10%) greater than the the building setbacks referenced herein for corner lots intended to be used
for residential purposes. (13) Building Setback Lines. a. The minimum building setback from the lot line along which the building is to be constructed shall be at least thirtyfiiv feet
(35'). b. Where an existing building line is established on at least fifty percent (50%) of the properties in a block in which the proposed subdivision is located or within two hundred
feet ( 2 0 0 ' ) immediately adjacent to the proposed subdivision, this minimum may be increased to conform with such established building line, provided, however, in no event may the
building setback line be less than minimums otherwise established in this ordinance and applicable to the proposed development. c. b. In a recreational vehicle park or campground, setback
lines on private streets shall be not less than ten feet ( l o t ) from the right-of way or private street. (14) Side and Rear Building Lines. a. Building lines shall not be less than
ten feet (10') from the side lot lines and twenty-five feet ( 2 5 ' ) from the rear lot lines. The rear lot line shall be that lot line opposite the front of the building to be constructed
on the lot. 56
b. In a recreational vehicle park or campground, side and rear building lines shall be not less than twenty-five ( 2 5 ' ) from the recreational vehicle park or camp ground property
line on the sides and rear not adjacent to a dedicated public street right-of-way. SECTION 604: RECREATION AREAS IN RECREATION VEHICLE PARKS OR CAMP GROUNDS. A. In all parks and campgrounds,
there shall be one or more recreation areas which shall be easily accessible to all park residents. B. The size of such recreation areas shall be based upon a minimum of two hundred
square feet (200 Sq. Ft.) for each lot. No outdoor recreation area shall contain less than three thousand square feet (3,000 Sq. Ft.). C. Recreation areas shall be so located as to be
free of traffic hazards and should, where the topography permits, be centrally located. SECTION 605: EROSION AND SEDIMENT CONTROL. All plans must be in compliance with Pennsylvania and
Franklin County erosion and sedimentation control standards. SECTION 606: STORMWATER MANAGEMENT The following items shall be considered by the Engineer designing the storm water management
plan. A. B. C. D. E. F. The rate of runoff after development must not exceed the rate of runoff before development. Determination of pre-development runoff rates shall be based on rainfall
runoff rates as calculated for good meadowland or woodland, regardless of prior utilization. The storm water management plan must consider the management of all storm water runoff flowing
over the development site. The method used for calculating storm water runoff shall be the method designated in Franklin County's approved storm water management plan, or as provided
for herein. The 10 year storm of 4.7 inches per 24 hours intensity shall be used for calculating the rate and volume of storm water runoff. Storm water roof drains and pipes may discharge
water into cisterns, French drains, sheet drains or any other storm water runoff dispersion and absorption control devices, when not a part of a storm water collection system. 57
> G. H. I. J. K. No discharge of toxic drainage will be permitted. Flow velocities may not exceed the maximum permitted receiving channel velocities as noted in the County Storm Water
Management Plan and may not result in a change of deflection in direction of the receiving channel. Vertical pipes, inlets and other surface water receiving structures shall be installed
with trash racks which can be easily maintained. When erosion and sedimentation control measures are used to provide the best storm water management practice, design criteria shall be
the standards for the final structure utilization. Ownership and Maintenance Program. (1) Each proposed Storm Water Management Plan submitted pursuant to this Ordinance shall contain
provisions for the ownership and maintenance responsibility of all temporary and permanent storm water management and erosion and sedimentation control facilities including: a. Description
of maintenance requirements; and b. Identification of a 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. (2) The Township, its agents and employees shall have the right to enter all lands where storm water management
and erosion and sedimentation control structures are located for the purpose of inspecting said facilities. SECTION 607: PARKING AREAS. At least two (2) off-street parking spaces with
access to a street shall be provided for each proposed dwelling unit. provided for non-residential uses as required by the intended use. Parking areas shall be SECTION 608: OTHER UTILITIES
A. All other utility lines including, but not limited to, electric, gas, street light supply, Cable TV, and telephone shall be placed underground. Installation of all utilities shall
be in strict accordance with the engineering standards and specifications of the Township, municipal authority, or other public utility concerned. Where such utilities lie under the
proposed cartway, all such underground utilities shall be put in place, connected, and approved before the streets are constructed, and before any person is permitted to occupy any building
to be served by such utilities. B. In accordance with the provisions of Act 287, any applicant shall contact all applicable utilities and accurately determine the 58
locations and depths of all underground utilities within the boundaries of the tract proposed for development, prior to excavation. A list of the applicable utilities and their phone
numbers shall appear on the plans submitted for review, and proof of contact shall be presented to the Township prior to final plan approval. ARTICLE VI1 IMPROVEMENT REQUIRED SECTION
700: IMPROVEMENTS REQUIRED. The Applicant shall provide all improvements required by these Regulations. Construction of all required improvements shall be in accordance with Township
specifications unless otherwise specifically noted. When the Township does not have its own engineering specifications for the improvements required the specifications for the improvements
shall be determined by the Township Engineer. SECTION 701: MONUMENTS AND MARKERS. A. Monuments must be set: (1) At the intersection of lines forming angles in the boundaries of the subdivision;
and (2) At such intermediate points as may be required by the Engineer. B. Markers must be be set: (1) At all lot corners except those monumented; and (2) By the time the property is
offered for sale. C. Monuments and Markers: Monuments and markers must be placed so that the scored or marked point coincides exactly with the point of intersection of the lines being
monumented. They must be set so that the top of the monument or marker is level with the finished grade of the surrounding ground. Monuments must be marked on top with a copper or brass
plate or dowel set in the concrete. Pre-Cast intersections will be accepted provided the intersections are accurately set in accordance with the lines being monumented. D. Street Signs:
Each subdivider/developer must erect signs containing the names of streets, which signs shall be according to the specifications of the Township. 59
n SECTION 702: STREET SURFACING. A. Paving Requirements: Streets must be surfaced to the grades and dimensions drawn on the plans, profiles, and cross sections submitted by the applicant
and approved by the Township. Before paving the street surface, the applicant must install the required utilities and provide, where necessary, adequate storm water drainage for the
street, as acceptable to the Township. The pavement base and wearing surface must be constructed to the specifications set forth below: B. Use of Motor Paver: All streets and roads to
be dedicated to the Township shall be paved with the use of a motor paver and shall meet the following minimum standards: (1) Adequate surface and subsurface drainage shall be provided
in accordance with approved plans. ( 2 ) All topsoil and unsuitable material shall be removed from the area to be paved. C. Cartway and Shoulder Width: All streets to be dedicated to
the Township shall have a minimum paved cartway width of twenty-four feet ( 2 4 ' ) with not less than a four foot ( 4 ' ) shoulder on each side. D. Driveway Entrances: (1) Driveway
entrances or aprons within the street right-of-way shall be not less than ten feet (10') wide for residential development and not less than twenty feet ( 2 0 ' ) wide for commercial
or industrial developments. (2) Where a proposed driveway provides access onto a State Highway (Legislative Route, Pennsylvania Route or United States Route) the design of such driveway
access and drainage shall be prepared in accordance with the requirements of the Pennsylvania Department of Transportation and shall be subject to the approval and issuance of permits
by the Department. SECTION 703: SANITARY SEWERS AND WATER SUPPLY. A. Where a public sanitary sewer system is within 150' of, or where plans approved by the municipality provide for the
installation of such public sanitary sewer facilities to within 150' of, a proposed subdivision, the subdivider shall provide the subdivision with a complete sanitary sewer system, to
be connected to the existing or proposed sanitary sewer system if in the Township's opinion it is feasible. Where the municipality has a proposed system, the 60
B. C. subdivider shall design and construct a sanitary sewer system to be connected to the proposed system, when in the Township's opinion, it is feasible. Written approval to construct,
connect, or to perform any other act relative to the existing sanitary sewerage system of the area sewerage authority shall be obtained by the applicant prior to the Township's issuance
of a final approval of a subdivision or development plan. Where installation of a sanitary sewer system is not required, the subdivider or owner of the lot shall provide for each lot,
at the time improvements are erected thereon, a private sewage disposal system consisting of a septic tank and tile absorption field or other approved sewage disposal system. All such
individual sewage disposal systems shall be constructed in accordance with the "Rules and Regulations of the Pennsylvania Department of Environmental Protection". Where installation
of a public water main supply is not required, the subdivider or owner of the lot shall provide for for each lot, at the time improvements are erected thereon, an individual water supply
approved by the State Department of Environmental Protection, as to source, installation, and quality of water. ARTICLE VI11 CONSTRUCTION AND ACCEPTANCE OF IMPROVEMENTS SECTION 800:
GENERAL. The Applicant shall construct all streets, together with all other improvements, including grading, paving, fire hydrants, water mains, street signs, storm drainage facilities,
sanitary sewers, traffic control devices, open space and restricted areas, and erosion and sediment control measures in conformance with the final plan as approved. Streets shall be
constructed in accord with Township specifications. Other improvements shall be constructed in accordance with the applicable provisions of PennDOT Specifications. SECTION 801: INSPECTIONS.
A. The construction or installation of all improvements shall, at all times, be subject to inspection by representatives of the Township. If such inspection reveals that work is not
in accordance accordance with approved plans and specifications, that construction is not being done in a workmanlike manner, or that erosion or sediment controls are failing to prevent
accelerated erosion or water-borne sediment from leaving the site of construction, the said representative is empowered to require corrections to be made and/or the suspension of subdivisions
approval, and to issue a cease and desist order which may include any or all of the following sanctions: (1) That no lot in the subdivision shall be conveyed or placed under agreement
of sale; 61
3 4 (2) That all construction on any lots for which a building permit has been issued shall cease; and/or ( 3 ) That no further building permits for any lots shall be issued. B. The
said cease and desist order shall be terminated upon determination by the Township that the said defects or deviations from plan requirements have been corrected. C. No underground pipes,
structures, subgrades, or base course shall be covered until inspected and approved by the Township. These inspections shall be effected in accordance with Section 801.A., above, and
shall occur at the following intervals: (1) Upon excavation and completion of subgrade. (2) Upon excavation, installation, and completion of drainage structures, community sewage systems,
or water supply systems. ( 3 ) Before binder course. (4) During installation of wearing course. (5) Final inspection. D E The developer shall notify the Township at least 24 hours in
advance of completion of any construction operations requiring inspection. All fees and other related costs associated with the inspections set forth in this subsection D. shall be the
sole responsibility of the developer and must be paid, in full, before any construction required to be inspected is certified as being acceptable and before any of the bonds providing
security for the required construction are released. No street shall be found acceptable by the Township until the engineer's certification of compliance is provided for Township records.
SECTION 802: RELEASE FROM PERFORMANCE GUARANTEE. A. When the developer has completed all of the necessary and appropriate improvements, the developer shall notify the Township Secretary,
in writing, by certified or registered mail, of the completion of the aforesaid improvements and request the Township inspection of the same. Upon receipt of said notice, the Township,
or its authorized representative, shall, inspect the same and notify the developer, in writing, the results of said inspection. If the township determines to reject any of said improvements,
either in whole or in part, said rejection shall be in writing and mailed to the developer within thirty (30) days after receipt by the Township of the notice above referenced. Said
rejection shall contain a detailed statement of the reasons for such nonapproval or rejection. 62
r B. C. D. If any portion of the said improvements shall not be approved or shall be rejected by the Board, the developer shall proceed to complete those improvements and, upon completion,
the same procedure of notification as outlined herein shall be followed. The developer shall be responsible for maintenance of all subdivision or land development improvements until
such improvements are offered for dedication and are accepted by the Township. In addition, the performance guarantee shall be held back by the Township until the developer has posted
a maintenance guarantee as provided in Section 805 and as-built plans are verified and accepted by the Township. Partial releases of the performance guarantee during the period of construction
shall be authorized as per Section 410.H. SECTION 803: AS-BUILT PLANS. Within thirty ( 3 0 ) days after completion and Township approval of subdivision or land development improvements
as shown on final plans, and before Township acceptance of such improvements, the developer shall submit to the Board a corrected copy of said plans showing actual dimensions and conditions
of streets and all other improvements, certified by a Professional Engineer to be in accordance with actual construction. SECTION 804: DEDICATION AND ACCEPTANCE OF PUBLIC IMPROVEMENTS.
A. Upon completion of any public improvements shown on an approved subdivision plan and within ninety (90) days after approval of such public improvements as herein provided, the developer
shall submit written offer of such public improvements for dedication to the Township. said public improvements together with satisfactory proof establishing the developer's clear title
to said property. documents are to be filed with the Township Secretary for review by the Township Solicitor. may be accepted by resolution of the Board at a regular meeting thereof.
the lots in any approved subdivision or land development (or phase thereof, if final plan approval has been in phases) have certificates of occupancy issued for buildings thereon prior
to acceptance of dedication. Should the streets, even though constructed according to the specifications of this Ordinance, deteriorate before the said 50 percent of the lots have certificates
of occupancy issued, such streets shall be repaired in a manner acceptable to the Board before being accepted by the Township. Said offer shall include a deed of dedication covering
Such Deed of dedication for public improvements The Supervisors may require that at least 50 percent of B. The Board may require that certain subdivision and land development improvements
remain undedicated, with maintenance the responsibility of individual lot owners, a homeowners' association or similar entity, or an organization capable of carrying out maintenance
responsibilities. 63
I 9 & SECTION 805: MAINTENANCE GUARANTEE. A. Where the Board of Supervisors accepts dedication of all or some of the required improvements following completion (whether such dedication
is of the fee or of an easement), the Board shall require the posting of financial security to secure the structural integrity of the improvements and the functioning of the improvements
in accordance with the design and specifications as depicted on the final plan. The security shall be in the form authorized for the deposit of the performance guarantee, as described
in Section 410 hereof, shall be for a term of 18 months from the date of the acceptance of dedication, and shall be in an amount equal to fifteen percent (15%) of the actual costs of
installation of the improvements to be dedicated. B. Where maintenance of stormwater retention facilities or private streets is to be the responsibility of individual lot owners, a homeowners'
association or similar entity, or an organization capable of carrying out maintenance responsibilities, the Board shall require that maintenance responsibilities be set forth in perpetual
covenants or deed restrictions binding on the landowner's successors in interest, and may further require that an initial maintenance fund be established in a reasonable amount. ARTICLE
IX MOBILEHOME PARK REGULATIONS SECTION 900: MINIMUM AREA AND STREET WIDTHS. A. Each mobile home park shall contain a minimum of eight (8) acres of land and shall contain a minimum of
ten (10) mobile home spaces. B. The minimum street right-of-way and cartway widths of public or private streets shall be as follows: STREET RIGHT-OF-WAY AND CARTWAY WIDTHS Right-of-way
Cartway 50 Feet 24 Feet C. Provision for additional street width (right-of-way, cartway, or both) may be required where determined to be necessary by the Township in specific cases for:
(1) Public safety and convenience; (2) Where the number of mobilehomes proposed to be located in a mobilehome park exceeds one hundred (100) units; and ( 3 ) Widening of existing streets
where the width does not meet the requirements of the preceding paragraphs. 64
I a I . SECTION 901: LOTS. A. On land laid out as a mobilehome park, not served by public or mobilehome park water system and public or park sewerage collection and treatment system,
the land meeting the necessary percolation and soil survey requirements and approved by the Department of Environmental Protection, the lots shall not be less than one hundred feet (loo1)
wide measured at the minimum required setback line nor less than twenty thousand square feet (20,000 Sq. Ft.) in area, per mobilehome unit, exclusive of streets and other public uses.
B. On land laid out as a mobilehome park, served by public or mobilehome park water system and not by public or park sewerage collection and treatment system, the land meeting the necessary
percolation and soil survey requirements and approved by the Department of Environmental Protection, the lots shall be not less than seventy-five feet (75') wide measured at the minimum
required setback line nor less than fifteen thousand square feet (15,000 Sq Ft.) in area, per mobilehome unit, exclusive of streets and other public uses. C. On land laid out as a mobilehome
park, served by both public or mobilehome park water system and public or mobilehome park sewerage collection and treatment system acceptable to the Department of Environmental Protection,
the lots shall be not less than fifty feet (50') wide measured at the minimum required setback line nor less than ten thousand square feet (10,000 Sq. Ft.) in area per mobilehome unit
exclusive of streets and other public areas. SECTION 902: BUILDING SETBACK LINES. The minimum setback from the right-of-way line of a dedicated public street shall be thirty-five (35)
feet. SECTION 903: SIDE AND REAR BUILDING LINES. In a mobilehome park, side and rear building lines shall be not less than fifteen feet (15l) from the side and rear lot lines of each
mobilehome lot, and not less than twenty-five feet (25') from the mobilehome park property lines on the sides and rear not adjacent to a dedicated public street right-of-way. SECTION
904: OFF-STREET PARKING REQUIREMENTS. A. In a mobilehome park, paved off-street parking areas shall be provided at the rate of two (2) vehicular parking spaces for each mobilehome lot.
B. Each such off-street parking space shall contain at least four hundred square feet (400 Sq. Ft.) and shall be located within one hundred feet (loo1) of the mobilehome lot it is intended
to serve. 65
P SECTION 905: OPEN SPACE REQUIREMENTS. A. In a mobilehome park, not less than ten percent (10%) of the total land area shall be provided for usable open space. Such space shall be so
located as to be free of traffic hazards and should, where the topography permits, be centrally located and easily accessible to all park residents. B. Such open space shall be protected
with a vegetation growth that is capable of preventing soil erosion and the emanation of dust during dry weather. SECTION 906: PARK AREAS FOR NON-RESIDENTIAL. In a mobilehome park, no
part of the park shall be used for a nonresiddentia purpose, except such uses that are specifically required for the direct servicing and well being of park residents and for management
and maintenance of the park. SECTION 907: BUFFER STRIPS. In a mobilehome park, a suitably screened or landscaped buffer strip at least ten feet (lo1) wide, approved by the Township shall
be provided by the developer along all of the property lines separating the mobilehome park from adjacent uses. SECTION 908: SIGNS AND LIGHTING. A. Signs may be permitted subject to
the approval of the Township. B. All means of ingress, egress, walkways, streets, and parking lots shall be adequately lighted. SECTION 909: OTHER SITE IMPROVEMENTS. A. B. C. D. An enclosure
of compatible design and material shall be erected around the entire base of each mobilehome. Such enclosure shall provide sufficient ventilation to inhibit decay and deterioration of
the structure. Tie downs to prevent the movement of the mobilehome by natural causes shall be provided for each mobilehome. Each mobilehome lot shall be provided with a four inch ( 4
" ) concrete slab on a stable surface at least ten feet (lo1) by eighteen feet (18') in size for use as a terrace and so located so as to be adjoining and parallel to the mobilehome
and not extend into the front or rear yard setback area. Individual tenants at the mobilehome park may construct attached enclosures or covered patios to individual mobilehomes, provided
that such enclosure does not encroach into the front, side or rear yard areas. Township approval shall be required in each case. 66
4 E. Provision shall be made by the park operator to have garbage and . waste collected at least once every week. Any refuse disposal site proposed within the mobilehome park shall be
subject to the approval of the Pennsylvania Department of Environmental Protection. F. There shall be provided in each mobilehome park such other improvements as the Township may require
whereby such requirements shall at all times be in the best interests of the park residents. ARTICLE X ADMINISTRATION SECTION 1000: RELIEF FROM UNNECESSARY HARDSHIP. A. B. C. D. E. F.
Where, owing to special conditions, a literal enforcement of the provisions of this ordinance will result in unreasonable hardship, the Board of Supervisors may make such reasonable
variances thereto, which are not contrary to the public interest and so that the spirit of this ordinance shall be observed and substantial justice done. Applications for any variance
shall be submitted in writing along with all required fees by the applicant at the time the application is filed with the Township. The application shall state fully the grounds and
all the facts relied upon by the applicant. The application shall also state the names and addresses of all adjacent and contiguous owners of real estate. Sufficient additional copies
of applications and subdivision plans shall be submitted to the Township to enable the Township to send copies of same to adjoining landowners. Whenever a variance is requested by the
applicant or is deemed necessary by the Planning Commission, the Planning Commission shall submit the subdivision plan and a copy of its findings to the Board of Supervisors, which reserves
the right of final approval on any such variance. The application submitted by the applicant shall show the current names of all adjacent owners of real estate. The subdivision plan
submitted by the applicant shall show the current names of all adjacent and contiguous real estate shall be mailed a copy of the application for variance and shall be afforded an opportunity
for a hearing by the Commission or by the Supervisors, if any only if requested in writing by an interested party. In granting any variance, the Board of Supervisors shall record its
action and the grounds for granting any variance in its minutes. SECTION 1001: RECORDS. A. The Township shall keep a record of its findings, decisions, and recommendations relative to
all plans filed with it for review. B. All such records shall be public records. 67
SECTION 1002: FEES AND COSTS. A. B. C. D. No application for preliminary or final approval shall be deemed to have been submitted until the fee, as set forth below, shall have been paid.
A subdivision or land development application fee (non-refundable) shall be submitted with any application for preliminary or final plan approval to cover the costs of plan review and
processing. Amounts of the application fee shall be fixed by the Board of Supervisors by resolution. The funds shall be used to reimburse the Township for actual expenditures incident
to the review and approval processes, including, but not limited to fees of the Township, legal fees and other engineering or consulting fees. Such fees shall not exceed the ordinary
and customary charges by the Township Engineer, the attorney or other consultant for similar service in the community and in no event shall the fees exceed the rate or cost charged by
the Engineer or a consultant to Hamilton Township when fees are not reimbursed or otherwise imposed on applicants. As an express condition to final subdivision or land
development approval, the applicant for subdivision or land development approval agrees to pay in full all costs associated with the inspection of improvements required to be constructed
pursuant to final approval. All such costs must be paid to the Township or at the Township's direction within fifteen (15) days of receipt by the applicant. Failure to make timely payment
can be the basis for the issuance of a stop work order or the revocation or denial of existing building permits, at the discretion of the Township. In the event the applicant disputes
the amount of any such fees, the applicant shall, within fourteen (14) days of the billing date, notify the Hamilton Township secretary that such fees are disputed, in which case the
Township Supervisors shall not delay or disapprove a subdivision or land development application due to the applicant's request over disputed fees. (1) If, within twenty days from the
date of billing, the Township Township Supervisors and the applicant can not agree upon the amount of expenses which are reasonable and necessary, the applicant and the Township Supervisors
shall jointly, by mutual agreement, appoint another professional engineer licensed as such in the Commonwealth of Pennsylvania to review the said expenses and make a determination as
to the amount thereof which is reasonable and necessary. (2) The professional engineer so appointed shall hear such evidence and review such documentation as the professional engineer
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. 68
( 4 ) In the event the municipality and applicant can not agree upon the professional engineer to be appointed within twenty (20) days of the billing date, then, upon application of
either party, the President Judge of the Court of Common Pleas of the judicial district in which the municipality is located (or if at the time there be no President Judge, then the
senior active judge then sitting) shall appoint such engineer, who, in that case, shall be neither the municipal engineer nor any professional engineer who has been retained by, or performed
services for, the municipality or the applicant within the preceding five years. The fee of the appointed professional engineer 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 Dollars ($1,000.00) or more, the municipality and the applicant shall each pay one-half of the fee of the appointed professional engineer. SECTION
1003: PREVENTATIVE REMEDIES. A. In addition to other remedies, the Township may institute and maintain appropriate actions by law or in equity to restrain, correct or abate violations,
to prevent unlawful construction, to recover damages and to prevent illegal occupancy of a building, structure or premises. 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
may refuse to issue any permit or grant any approval necessary to further improve or develop any real property which has been developed or which has resulted from a subdivision of real
property in violation of this ordinance. such a permit or approval shall apply to any of the following applicants: This authority to deny (1) 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. 69
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 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. SECTION 1004:
ENFORCEMENT REMEDIES. A. Any person, partnership or corporation who or which has violated the provisions of any subdivision or land development ordinance enacted under this act or prior
enabling laws shall, upon being found liable therefor in a civil enforcement proceeding commenced by the Township, pay a judgment of not more than $500.00 plus all court costs, including
reasonable attorney fees incurred by the Township as a result thereof. No judgment shall commence or be imposed, levied or payable until the date of the determination of a violation
by the district justice. If the defendant neither pays nor timely appeals the judgment, the Township may enforce the judgment pursuant to the applicable rules of civil procedure. Each
day that a violation continues shall constitute a separate violation, unless the district justice, determining that there has been a violation, further determines that there was a good
faith basis for the owner, 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 common pleas, upon petition, may grant an order of stay, upon cause shown, tolling the per diem 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 the right to commence any action for enforcement
pursuant to this section. SECTION 1005: APPEALS. Appeals from the actions of the Board with respect to any application for subdivision or land development approval shall be governed
by the provisions of Act 247 as they may be amended from time-to-time, or any successor legislation thereto. SECTION 1006: REPEALER. Ordinance number 19 X adopted October 16, 1965, and
all amendments thereto and Ordinance number 45 adopted December 27, 1973, and all amendments thereto are hereby repealed. All other ordinances or parts of ordinances inconsistent herewith
are hereby repealed. Nothing in the ordinance hereby adopted shall be construed to affect any suit or proceeding now pending in any court, or any rights accrued, or liability 70
incurred, or any cause or causes of action accrued or existing, under any ordinance repealed by this Ordinance, nor shall any right or remedy of any character be lost, impaired or affected
by this Ordinance. SECTION 1007: EFFECTIVE DATE. Upon enactment by the Township Supervisors, this Ordinance shall go into effect April 1, 2002. SECTION 1008: ENACTMENT. Enacted this
day of , 2002. MILTON TOWNSHIP BOARD OF SUPERVISORS ATTEST : Hamilton Township Secretary 71