HomeMy WebLinkAboutMontgomery Subdiv Ord,I I I I I I I I I I I I I I I AS AMENDED JUNE 1990 -i MONTGOMERY TOWNSHIP SUBDIVISION AND LAND DEVELOPMENT ORDINANCE ?Ÿ?Ÿ?Ÿ?Ÿ?????
1 I I I I I I I I I I I I I I I I I I MONTGOMERY TOWNSHIP SUBDIVISION AND LAND DEVELOPMENT ORDINANCE ADOPTED DATE BY: MONTGOMERY TOWNSHIP SUPERVISORS: WILLIAM T. COBLE PAUL C. JOHNSON
DEAN E. METCALFE MONTGOMERY TOWNSHIP MUNICIPAL BUILDING 11364 FORT LOUDON ROAD MERCERSBURG, PENNSYLVANIA 17236 TELEPHONE: 71 7-328-3743
I I I I I I I I I I I I I I I I I i ARTICLE I Section 100 Section 101 Section 102 ARTICLE II Section 200 ARTICLE Ill Section 300 ARTICLE IV Section 400 Section 401 MONTGOMERY TOWNSHIP
SUBDIVISION AND LAND DEVELOPMENT ORDINANCE _... TABLE OF CONTENTS PURPOSES AND INTERPRETATION Purposes ............................... Interpretation ......................... Severability
........................... SHORT TITLE Short Title ............................ DEFINITIONS Definitions ............................ CONTROL OF SUBDIVISIONS AND LAND DEVELOPMENTS Control
of Subdivisions and Land Developments ........................... Recording of Final Plans and Dedication of Property and Improvements .............. ~ PAGE 2 2 2 3 4 13 14
ARTICLE V Section 500 Section 501 Section 502 Section 503' Section 504 Section 505 Section 506 ARTICLE VI Section 600 Section 601 ARTICLE VI1 TABLE OF CONTENTS (CO NTI N U ED) PAGE GENERAL
PROCEDURE AND JURISDICTION Plan Approving Authority ............... 15 Submittal of Plans ..................... Review of Plans .........__..... ............ Approval of Plans; Hearing
............. Waiver of Modifications of Requirements ........................... Conditional Approval ................... Fees ................................... PREAPPLICATION CONSULTATION
Consultation with Planning Commission .. Sketch Plan Submission ................. PRELIMINARY PLANS 15 15 16 16 16 16 17 17 Section 700 Plan Requirements ...................... Section
701 Review Procedure ....................... ARTICLE Vlll FINAL RECORD PLANS Secgion 800 Plan Requirements ...................... Section 801 Review Procedure .......................
18 22 25 33 I I I I I I I I I I I I I I I I I
TABLE OF CONTENTS (CONTINUED) PAGE I I I I I I I I I I ARTICLE IX Section 900 Section 901 Section 902 Section 903' Section 904 Section 905 Section 906 Section 907 Section 908 Section
909 Section 910 Section 911 ARTICLE X Section 1000 Section 1001 Section 1002 MOBILEHOME PARK REGULATIONS Procedure .............................. Plan Requirements ......................
Renewable Mobilehome Park Permit ....... _ . Lot Requirements ....................... Yard and Set-Back Requirements ......... Park Street System ..................... Utility Improvements
................... u..............>..&.. ...?... ............... a:......:...:.....b.. .:...:...:...:i .:. &:.:( C ommon Open Spaces .............. Buffer strips ..........................
Walkways ............................... Other Site Improvements ................ Park Areas for Non-Residential Uses .... NUTRIENT MANAGEMENT PLAN REQUIREMENTS Current Uses Unaffected
................ Permit Required ........................ Contents of Nutrient Management Plan and Criteria ........................... 35 35 35 36 36 36 37 38 38 39 39 40 41 41 41 I
TABLE OF CONTENTS (CONTINUED) PAGE ARTICLE XI FLOODPLAIN ORDINANCE Section 1100 ....................... 43 General Provisions: _ . Section 1101 Intent .................................
43 Section 1102 Applicability .......................... 44 Section 1103 Abrogation and Greater Restrictions .... 44 .. Section 1104 Warning'and Disclaimer of Liability .... 44 Administration:
Section Section Section Section Section Section Section Section Sect ion 1105 1106 1107 1108 1109 1110 1111 1112 1113 Issuance of Building Permit ............ Application Procedures
and Requirements ........................... Review of Application by Others ........ Changes ................................ Placards ............................... Start of Construction
.................. Inspection and Revocation .............. Fees ................................... Enforcement ............................... Section 1114 Appeals ................................
Identification of Floodplain Areas: Section 1115 Designation of Floodplain Areas ........ Section 1116 Changes in Floodplain Area Delineations ........................... Section 1117
Disputes ............................... 45 45 48 48 48 49 49 50 50 51 52 52 52 I I I I I I I I I 1 I I I 1 I 1 I I I
TABLE OF CONTENTS (CO NTI NU ED) PAGE I I 1 I I I 1 I I I I Technical Provisions: Section 1118 General ................................ Section 1119 Special Floodway and Stream Setback
Requirements ........................... Section 1120 Elevation and Floodproofing Requirements ............................ Section 1121 Design and Construction Standards ...... Section
1122 Development Which May Endanger Human _ . ~ ~ Life ................................... Section 1123 Special Requirements for Mobilehomes ... Activities Reauirins Special Permits:
Section 1124 General ................................ Existins Structures In Identified Floodplain Areas: Section 1125 General ................................ Variances: Section 1126
General ................................ Section 1127 Variance Procedures and Requirements ... Definitions: Section 1128 Section 1129 ARTICLE XI1 Section 1200 Section 1201 Section 1202
Section 1203 53 53 54 54 57 58 60 61 62 62 General ................................ 64 Sp'ecific Definitions ................... 64 Enactment .............................. 67 DESIGN
STANDARDS Application ............................ 68 General Standards ...................... 68 Blocks and Lots ........................ 68 Streets, Alleys and Sidewalks ..........
71 Section 1205 Common Open Space ....................... 77 Section 1206 Homes Assoc.iation ...................... 78
TABLE OF CONTENTS (C ONTl NU ED) ARTICLE XI11 IMPROVEMENT STANDARDS Section 1300 Construction of Improvements ........... Section 1302 Materials and Construction Standards .... Section
1303 Standards for Monuments and Markers .... Section 1304 Standards for Curbs and Gutters ........ Section 1305 Standards for Streets .................. Section 1306 Standards for Sidewalks
................ Section 1307 Standards for Sewer and Water Systems .. Section 1308 Standards for Storm Drainage ........... ARTICLE XIV REMEDIES . . . . . . . . . . . . . . . . . Section
1400 Enforcement Remedies ................... Section 1401 Preventive Remedies .................... ARTICLE XV EFFECTIVE DATE; ENACTMENT Section 1500 Effective Date ..........................
Section 1501 Enactment .............................. PAGE 81 82 82 83 83 84 85 85 89 89 91 91 I I I I I
1 /I MONTGOMERY TOWNSHIP SUBDIVISION AND LAND DEVELOPMENT ORDINANCE AN ORDINANCE REGULATING THE SUBDIVISION AND DEVELOPMENT OF LAND WITHIN 'p31iI MONTGOMERY TOWNSHIP, FRANKLIN COUNTY8
PENNSYLVANIA: REQUIRING THE SUBMITTAL OF SUBDIVISION AND LAND DEVELOPMENT PLANS FOR TOWNSHIP REVIEW: PRESCRIBING STANDARDS OF DESIGN, PLAN REQUIREMENT'S8 PLAN PROCESSING8 IMPROVEMENT
AND CONSTRUCTIONREQUIREMENTS8 AND CONDITIONS OF ACCEPTANCE OF PUBLIC IMPROVEMENTS. The Board of Supervisors of Montgomery Township, Franklin County, Pennsylvania, does herein and hereby
ordain that an Ordinance regulating the Subdivision and Development of Land within Montgomery 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 Plannins Code, Act 247 effective Januarv 1, 1969, (P.L. 805 July 31, 1968) as amended., by the
Act of December 21, 1988, P.L.. No. 170. MONTGOMERY TOWNSHIP SUBDIVISION AND LAND DEVELOPMENT ORDINANCE Page 1
ARTICLE I PURPOSES AND INTERPRETATION SECTION 100. PURPOSES This Ordinance is enacted for the purpose of assuring sites suitable for building purposes and human habitation and to provide
for the harmonious development of Montgomery Township, for the coordination of existing streets with proposed streets; for adequate open space for traffic, recreation, light and air,
sedimentation control and for proper distribution of population, thereby creating conditions favorable to the health, safety, morals, and general welfare of the citizens of tho Montgomery
Township. SECTION 101. INTERPRETATION The provisions of This Ordinance shall be held to be minimum requirements to meet the above stated purposes where the provisions of This Ordinance
impose greater restrictions than those of any statute, other ordinance, or regulation, the provision of This Ordinance shall prevail. Where the provision of any statute, other ordinance,
or regulation impose greater restrictions than those of This Ordinance, the provisions of such statute, ordinance, the provisions of such statute, ordinance, or regulation shall prevail.
SECTION 102. 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 provisions not been included herein. MONTGOMERY TOWNSHIP SUBDIVISION AND LAND DEVELOPMENT ORDINANCE Page 2 1 I I I I I I a
I ARTICLE 11 SHORT TITLE SECTION 200. SHORT TITLE This Ordinance may be cited as "The Montqomerv Township Subdivision and Land Development Ordinance of 1974.,, as amended." _. MONTGOMERY
TOWNSHIP SUBDIVISION AND LAND DEVELOPMENT ORDINANCE Page 3
ARTICLE I11 I DEFINITIONS 1 I I 1 I I I 1 I SECTION 300. DEFINITIONS As used in This Ordinance words in the singular include the plural, and those in the plural include the singular.
The word lvpersontf includes corporation, unincorporated association and partnership, as well as an individual. The word tlbuildingliln cludes the meaning of Ilstructurell and shall
be construed as if followed by the phrase "or part thereof". The following words as used in This Ordinance shall have the meanings indicated belo* 1. -2. -3. 4. 5. 6. 7. 8 . ACCELERATED
EROSION: The removal of surface materials by the action of natural elements caused by manls manipulation of the landscape. APPLICANT: A landowner or developer, as hereinafter defined,
who has filed an Application for Development includinq his heirs, successors and assiqns. APPLICATION FOR DEVELOPMENT: Every Application. whether preliminary, tentative or final, required
to be filed and approved prior to start of construction or development includinq but not limited to, an Application for a Buildinq Permit, for the approval of a subdivision plat or plan
or for the approval of a development plan. BLOCK: An area bounded by streets or proposed streets. BOARD: The Board of Supervisors of Montgomery Township, Franklin County, Pennsylvania.
CARTWAY: The portion of a street intended for vehicular use. CLEAR-SIGHT-DISTANCE: A line of unobstructed vision from a point four and one-half feet (4-1/21011)a bove the centerline
of a street to the nearest point on the top of an object four inches ( 4 " ) high on the same centerline. CLEAR-SIGHT-TRIANGLE: An area of unobstructed vision at street intersections
defined by lines of sight between points at a given distance from the intersection of the street centerlines. MONTGOMERY TOWNSHIP SUBDIVISION AND LAND DEVELOPMENT ORDINANCE Page 4
-9. 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 desisned and intended for the use or enjoyment of
residents of a development, not includins streets, off-street parkins areas, and areas set aside for public facilities. 10. CONSERVATION FARM PLAN: A plan that lists conservation practices
and schedules their implementation to control soil erosion and sediment pollution on a desisnated farm in accordance with the Provisions of Chapter 102 of Title 25, the Department of
Environmental Resources Rules and Resulations as mandated by the PA Clean Stream Law. 11. COUNTY: Franklin County, Pennsylvania. 12. CUL-DE-SAC: A street with access closed at one end
and with a vehicular turn-around at the closed end. -13. DEVELOPER: Any landowner or person havins the permission of the landowner who has filed an Application for Development includins
his heirs, successors and assisns. (See Applicant) 14. DEVELOPMENT PLAN: The provisions for development, includinq a plat of subdivision, all covenants relatins to use, location, and
bulk of buildinss and other structures. intensity of use or density of development, street ways and public facilities, common open space and public facilities. 15. DRAINAGE: The flow
of water or liquid waste and the methods of directing such flow. 16. DWELLING: A building designed for residential purposes and used as living quarters for one or more persons. a. Dwellin6
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 person. b. Dwellins.
Sinsle Family, Detached: A building used by one (1) family, having one (1) dwelling unit and having two (2) side yards. c. Dwellins, Sinsle 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. MONTGOMERY TOWNSHIP SUBDIVISION AND LAND DEVELOPMENT ORDINANCE Page 5
17. d. Dwellins, Sinale Family, Attached (Rowhouse or Townhouse): A building used by one (1) family, and having two (2) party walls in common with other side yards. e. Dwellins, Two
Family, Detached: A building used by two (2) families, with one (1) dwelling unit arranged over the other, having two (2) side yards. f. Dwellins, Two Family, Semi-Detached: A building
used by two (2) families, with one (1) dwelling unit arranged over the other, having one (1j.side yard, and having one (1) party wall in common witwanother building. EARTHMOVING ACTIVITY:
Any construction or other activity which disturbs the surface of the land including, but not limited to, excavation, embankments, land development, subdivision development, mineral extraction
and the moving, depositing, or storing of soil, rock, or earth. 18. EASEMENT: An acquired privileae or risht of use or enjoyment which one (11 or more persons may have in the land of
another. 19. ENGINEER, TOWNSHIP: A Professional Ensineer Licensed as such in the Commonwealth of Pennsylvania. duly amointed bv the Township as the Ensineer for the Township. 20. ENGINEER,
REGISTERED: A person ...........d........u.......l.... y registered as .a Professional Engineer by the .S.........t.....a........t.. e Commonwealth of Pennsylvania. ..................................
... 21. 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. 22. EXPANSION OF FARM FACILITIES: Any new facility that would be used to increase flock or herds above seasonal chanses. MONTGOMERY TOWNSHIP
SUBDIVISION AND LAND DEVELOPMENT ORDINANCE Page 6
g... ..-...y.....x....y. *:...... ...... :....:....:....:....:....:...:.... .................................. .. 23. FACILITIES: Structures used for the storase of manure or to house
or protect livestock or poultry. 24. LAND DEVELOPMENT: Any of the followins activities: _1.. The improvement of one (11 lot or two (21 or more contiquous lots, tracts or Darcels of land
for any purpose involvins: (i) A qroup of two (2) or more residential or nonresiddentia buildinss. whether proposed initially or cumulatively, or a sinsle non-residential buildins on
a lot or lots resardless of the number of occupants or tenure: or fii) The division or allocation of land or space, whether initially or cumulatively, between or amonq two (2) or more
existins or prospective occupants by means of, or for the purpose of streets, common access, leaseholds, condominiums, buildins qroups or other features. -2. A subdivision of land. Excluded
from the definition of Land Development are the followins: MONTGOMERY TOWNSHIP SUBDIVISION AND LAND DEVELOPMENT ORDINANCE Page 7 I 1 I I 1 I 1 1 I I 1 I D 1 1 I I I 1
I 1 1 1 1 I 1 I I 1 I I I I U I I I I (i) The conversion of an existinq sinalefammil detached dwellinq or semi-detached dwellinq into not more than three ( 3 ) residential units, unless
such units are intended to be condominiums; tii) The addition of an accessory buildinq, includinq farm buildinq on a lot or lots subordinate to an existins 13 rincipal bui ldins . 25.
LANDOWNER: The lesal or beneficial owner or owners of land includina the holder of an optiofi or contract to purchase (whether or not such an option or contract is subject to any condition),
a lessee if he is authorized under the lease to exercise the riqhts of the landowner, or other person havinq a proprietary interest in land. 26. LOT: A desisnated parcel, tract or area
of land established bv a plat or otherwise as permitted by law and to be used, developed or built upon as a unit. :.:.:.:.:.:.:.:.:.:.~.::.E .:,.... . ~.. ... ..~ ., ... .. :. .:. ...
..;. ..* ~. ... .. .. ..:. .~... .. .. . ...; . .. ...; ... .. .<... . . . ;; 27. MOBILEHOME: A transportable, sinsle family dwellins intended for permanent occupancy, contained in one
(11 unit, or in two (2) or more units desiqned to be joined into one (1) inteqral unit capable of aqain beinq seDarated for repeated towinq, which arrives at a site complete and ready
for occupancy except for minor and incidental unpackins and assembly operations, and constructed so that it may be used without a permanent foundation. MONTGOMERY TOWNSHIP SUBDIVISION
AND LAND DEVELOPMENT ORDINANCE Page 8
28. 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 sinqle mobilehome.
29. MOBILEHOME PARK: A parcel or contiquous parcels of land which has been so desisnated and improved that it contains two (2) or more mobilehome lots for the placement thereon of mobilehomes.
30. NORMAL SEASONAL CHANGES: Chanqes typical of operations where herd or flock population chanqes (consider variations and average numbers over the past five years) are due normal calvinq
and cullinq procedures. 31. NUTRIENT MANAGEMENT PLAN: The document which described the Nutrient Manaqement Proqram. 32. NUTRIENT MANAGEMENT PROGRAM: A complete system for the manaqement
of animal wastes and fertilizers in order to prevent the pollution of the air and of qround and surface waters. 33. PERCOLATION TEST: A procedure to determine the absorption rate of
the soil in an area proposed as the installation site for an on-lot septic system. Such a test will be carried out according to the requirements of the Township Sanitarian. 34. PLANNING
COMMISSION: The Planning Commission of Montgomery Township. -35. PLAN REVIEW: A review of the Nutrient Manaqement Plan to ensure that it contains the necessary information and that it
has calculated land application nutrient loadinq rates accordins to the then current version of the Pennsylvania State University Nutrient Manaqement Computer Proqram entitled "Farm
Nutrient Manaqement Worksheet." 36. PLAT: The maps or plan of a subdivision or land development, whether preliminary or final. MONTGOMERY TOWNSHIP SUBDIVISION AND LAND DEVELOPMENT ORDINANCE
Page 9 I I I 1 I 1 I I I I i I I I I 1 I I i
~~ 37. 38. 39. -40. 41. 42. 43. 44. PRELIMINARY PERCOLATION TEST: A procedure to permit visual inspection of geological formations and water table level in an area proposed as the installation
site for an on-lot septic system. Such tests will consist of a trench which shall be two feet ( 2 l O l 8 ) wide and six feet ( 6 I O t 1 ) deep or four feet (4 IO11) below the proposed
installation level of the septic field, whichever is deeper. Such tests may be referred to as a "Deep Probe" or inspection trench and shall be open for inspection by the Township Sanitarian.
PUBLIC GROUNDS, INCLUDES: -1. Parks, plavsrounds, trails, paths and other recreational areas and other public area: -2. Sites for schools, sewaqe treatment, refuse disposal and other
publicly owned or operated facilities; and -3. Publicly owned or operated scenic and historical sites. PUBLIC HEARING: A formal meetinq held pursuant to public notice by the Montqomery
Township Supervisors or Montsomerv Township Planninq Commission, intended to inform and obtain public comment, prior to takins action as specified by the Act of December 21, 1988, P.L.
No. 170. PUBLIC MEETING: A forum held pursuant to notice under the Act of July 3, 1986, (P.L., No. 841, known as the llSunshineA ct". PUBLIC NOTICE: Notice published once each week for
two (2) successive weeks in a newspaper of seneral circulation in the Municipality. Such Notice shall state the time and place of the hearins and the particular nature of the matter
to be considered at the hearins. The first Dublication shall not be more than thirty (30) days and the second shall not be less than seven (7) days from the date of the hearina. RESERVE
STRIP: A parcel of ground in separate ownership separating a. street or road from adjacent properties or from another street. RUNOFF: The surface water discharge or rate of discharge
of a given watershed after a fall of rain or snow that does not enter the soil but runs off the surface of the land. RUNOFF FROM A FULLY DEVELOPED AREA UPSTREAM: The surface water runoff
runoff that can be reasonably anticipated upon maximum development of that area of the watershed located upstream from the subject tract, as permitted by prevailing zoning or the Township
Comprehensive Plan; if such exists. MONTGOMERY TOWNSHIP SUBDIVISION AND LAND DEVELOPMENT ORDINANCE Page 10
45. 46. 47. 48. 49. SECRETARY: The Township Secretary of Montgomery Township. 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 ltsedimentll. SEWAGE FACILITIES PLAN: The Township adopted comprehensive
plan for the provisions of adeauate sewase systems, which has been approved by the Pennsylvania Department of Environmental Resources as provided by the Pennsylvania Sewaqe Facilities
Act. SLOPE: Slopes are to be expressed in a percentage based upon vertical difference in feet per one-hundred feet ( l O O t O t t ) of horizontal distance. SOIL STABILIZATION: Chemical
or structural treatment of a mass of soil to increase or maintain its stability or otherwise improve its engineering properties. 50. SUBDIVIDER: The owner, developer or the authorized
agent of the owner of a subdivision or land development. 51. SUBDIVISION: The division or redivision redivision of a lot, tract or parcel of land by any means into two (21 or more lots,
tracts, parcels or other divisions of land includincs chanses in existins lot lines for the purpose, whether immediate or future, of lease, partition by the court for distribution to
heirs or devises. transfer of ownership or buildins or lot development: Provided, however, that the subdivision by lease of land for asricultural purposes into parcels of more than ten
(10) acres, not involvins any new street or easement of access or any residential dwellins, shall be exempted. MONTGOMERY TOWNSHIP SUBDIVISION AND LAND DEVELOPMENT ORDINANCE Pase 11
I 1 I 1 1 I I
-52. 53. -54. 55. 56. 57. 5%. SUBSTANTIALLY COMPLETED: Where, in the iudment of the Township Enqineer, at least 90% (based on the cost of the reauired improvements for which financial
security was posted pursuant to Section 800 d of those improvements required as a condition for final amroval have been completed in accordance with the approved plan, so that the proiect
will be able to be used, occupied or operated for its intended use. STREET: Includes street, avenue, boulevard, road, hishwav. freewav, 13 arkway. lane, alley, viaduct, and any other
ways used or intended to be used by vehicular traffic or pedestrians whether Dublic or private. STRUCTURE: Any man-made object havins an ascertainable stationary location on or in land
or waters, whether or not affixed to the land. _. SURVEYOR, REGISTERED: A person duly registered as a Professional Surveyor by the Commonwealth of Pennsylvania. SWALE: surface water
runoff. A low lying stretch of land which gathers or carries TOPSOIL: matter or humus debris. Fertile surface and subsurface soils rich in organic TOWNSHIP: Montgomery Township, Franklin
County, Pennsylvania. 59. WATERCOURSE: A permanent stream; intermittent stream, river; brook; creek; channel or ditch of water, whether natural or man-made. 60. WATER SURVEY: An inventory
of the source, quantity, Y ield and use of sroundwater and surface water resources within the Township. MONTGOMERY TOWNSHIP SUBDIVISION AND LAND DEVELOPMENT ORDINANCE Page 12
1 1 I I II I I I I I 1 1 I I I 1 I I I ARTICLE IV CONTROL OF SUBDIVISIONS AND LAND DEVELOPMENTSL RECORDING OF PLANS, DEDICATIONS OF PROPERTY AND IMPROVEMENTS SECTION 400. CONTROL OF
SUBDIVISIONS AND LAND DEVELOPMENTS From and after the effective date of This Ordinance no subdivision or development of any lot, tract, or parcel of land within the Township shall be
made, and no street, sanitary sewer, storm sewer, water main or other facility 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 accordance with the provisions of This Ordinance. No lot in a subdivision or land development may be sold,
no permit to erect, alter or repair any building upon land in a subdivision or land development may be issued, no building may be erected, and no changes may be made in contour of the
land; no grading, excavating, removal or destruction of the topsoil, trees or other vegetative cover of the land may be commenced in a subdivision or land development unless and until
a plan for the subdivision or land development has been approved by the Board of Supervisors and recorded, and until the improvements required by the Board of Supervisors in connection
therewith have either been constructed in strict accordance with the standards and specifications of the Township or guarantee as provided in Section 800, f., of This Ordinance. Said
standards and specifications, particularly as presented in Article X of This Ordinance are declared to be a minimum guarantee that all streets shown on any proposed plan are of sufficient
width and proper grade and so located as to accommodate the probable volume of traffic thereon, afford adequate light and air, facilitate fire protection, provide access for fire fighting
equipmentto buildings and provide a coordinated system of streets conforming to the Township's Official Plan of streets; and further, that the land whereon buildings are to be constructed
is of such character that it can be used for building purposes without danger to health *or peril from fire, flood or other hazard, that all necessary or required erosion and sedimentation
facilities be installed Drier to or durinq the initial phase of construction of MONTGOMERY TOWNSHIP SUBDIVISION AND LAND DEVELOPMENT ORDINANCE Page 13
undue hardship because of peculiar conditions pertainins to the land in auestion, the Board of Supervisors may, upon the request of the Agplicant in accordance with the provisions of
Section 501(b), srant a modification of the reuuirements of one (1) or more provisions of this Ordinance, provided that such modification will not be contrarv to the public interest
and that the purpose and intent of this Ordinance is observed. SECTION 401. RECORDING OF FINAL PftANS. AND DEDICATION OF PROPERTY AND IMPROVEMENTS Upon approval of a final plan, the
developer shall within ninety of dedication of such public improvements to the Township shall be submitted on a written, recordable document setting forth by metes and bounds the offer;
or the owner may note on the plans that such improvements have not been offered for dedication to the Township. Every street, park, erosion and sediment facility or other public improvement
shown on a recorded subdivision or land development
plan shall be deemed to be a private street, park, or improvement until such time as the same has been accepted by Ordinance or resolution. MONTGOMERY TOWNSHIP SUBDIVISION AND LAND
DEVELOPMENT ORDINANCE Page 14
I I I I I I I I I I I I I I 1 1 I I 1 ARTICLE V GENERAL PROCEDURE AND JURISDICTION SECTION 500. PLAN APPROVING AUTHORITY All subdivision and land development plans shall be subject to
approval, modification, or rejection by the Board of Supervisors; in the event such a plan is disapproved the reasons therefore shall be set forth in writing. All plans shall be referred
to the Planning Commission for its review and-_r.e commendations. SECTION 501. SUBMITTAL OF PLANS (a) The subdivider or land developer shall submit preliminary copies of subdivision
plans to the Planning Commission and the Planning Commission shall distribute the required number of copies to the Township agencies concerned as provided for in Article VII. All plans
when first submitted shall be considered preliminary plans. If the subdivider or land developer makes substantial revisions in his plans after they have been approved in preliminary
form, such revised plans shall be treated as preliminary plans when resubmitted. Upon approval of the preliminary plans, the subdivider shall submit final plans to the Planning Commission
and the Planning Commission shall distribute the required number of copies to the Township agencies concerned as provided in Article VIII. Mobilehome park plans shall be reviewed in
the same manner as subdivision and land development plans. Modifications: All reauests for a modification of the requirements of one (1) or more provisions of this Ordinance shall be
made by the Armxicant in writins and shall accomganv and be part of the Preliminary Application for development. The request shall state in full the qrounds and facts unreasonableness
or hardship upon which the request is based or an alternative standard that can be demonstrated to provide eaual or better results. The provisions unreasonableness or provisions of this
Ordinance involved and the minimum modifications reauested as necessary. SECTION 502. REVIEW OF PLANS Subdivision and land development plans shall be reviewed by the Planning Commission
at its first regular meeting following the date of submittal. Such plans shall be submitted at least fourteen (141 days prior to the meeting unless this fourteen (14L day provision is
waived. Meetings of the Commission at which plans are reviewed shall be open to the public. MONTGOMERY TOWNSHIP SUBDIVISION AND LAND DEVELOPMENT ORDINANCE Page 15
SECTION 503. APPROVAL OF PLANS.' HEARING Approval of preliminary plans by the Board of Supervisors shall be considered approval of the arrangement and dimensions of streets, lots and
other features shown on the plans and may be made conditionally on specified changes to be incorporated in the plans. The Board's approval of the final plans shall be given only after
the requirements and conditions indicated on or in connection with the preliminary plans have been met; and said approval shall constitute final Township approval forthe purpose of recording
the plans in the Office of the County Recorder of Deeds. Before acting on any plan, the Board of Supervisors. may arrange for a public hearing thereon after giving notice. '* SECTION
504. WAIVER OF MODIFICATION OF REOUIREMENTS When an entire tract of land is divided into not more than two (2) lots with frontage on a paved street of sufficient width, the Planning
Commission may recommend that requirements for submittal of preliminary plans be waived upon application of the subdivider and that approval be granted on the basis of the ,final plan
as submitted, provided that all other requirements have been met. SECTION 505. CONDITIONAL APPROVAL In the event the Board of Supervisors srant Conditional Approval to the Applicant's
submission, such approval shall be automatically rescinded upon the applicant's failure to accept or reject any and all of the conditions. The applicant's acceptance or rejection shall
be siven to the Board of Supervisors in writins within fifteen (15) days after receipt of the Board of Supervisors written notification tothe applicant of the imposition of said conditions.
SECTION 506. FEES Review Fees and Inspection Fees shall be paid by the Applicant in accordance with the Montqomery Township Subdivision and Land Development Fee Schedule which is in
effect at the time of the Amlicantts particular submission. MONTGOMERY TOWNSHIP SUBDIVISION AND LAND DEVELOPMENT ORDINANCE Page 16 I I 1 I 1 1 I I I 1 I 1 I I 1 I 1 U 1
1 I I I I I I I I I I I I D D 1 I I I ARTICLE VI PREAPPLICATION CONSULTATION SECTION 600. CONSULTATION WITH PLANNING COMMISSION The conference and any other communications shall be kept
as confidential as possible. Before going ahead with the Preliminary Plan procedure or with subdivision, the subdivider or developer should be familiar with these regulations and should
consult with the Planning Commission about the follo.w. ing factors: a. The suitability of the site development. b. The demand for a development of the type proposed in the c. The accessibility
of the site. d. The availability of public facilities (schools, parks, water sanitary and storm sewerage, etc.) and public services (police, fire, refuse disposal, etc.). particular
location proposed. e. The effect on the project of any contemplated improvements or the proposals of any comprehensive plan and these regulations. f. Sewage facilities requirements of
the Department of Environmental Resources and the Township. g. h. Precautionary measures to preserve or protect historic and Erosion and Sedimentation Plans and Permits. natural features.
i. Approvals by all appropriate agencies. SECTION 601. SKETCH PLAN SUBMISSION It is suggested, but not required, that prior to the consultation with the Planning Commission, the subdivider
prepare a Sketch Plan of his proposed development. It is suggested that the subdivider or developer submit sufficient data to the Planning Commission for purposes of generally illustrating
and discussing the,proposed project . MONTGOMERY TOWNSHIP SUBDIVISION AND LAND DEVELOPMENT ORDINANCE Page 17
I I I ARTICLE VI1 PRELIMINARY PLANS 1 I I I I I I I I I I I I I I 1 SECTION 700. PLAN REQUIREMENTS The following materials shall be submitted with an application for review and approval
of preliminary plans: a. Seven (7) copies of the Subdivision or Land Development Plan in the form of a map or series of-maps on sheet sizes either eight and one-half inches by fourt'een
inches (8-1/2" x 14"), eighteen inches by twenty-four inches (18" x 24") or twentyfoou inches by thirty-six inches (24" x 36") drawn to a scale not smaller than one hundred feet ( 1
0 O t O g g ) to the inch and showing the following: The limits and dimensions of the tract to be subdivided or developed and the proposed name or identifying title of the project. The
date, scale and north point. Existing and proposed streets, including the name, widths of the right-of-way and cartway. The location and dimensions, where applicable, of existing buildings,
railroads, easement, right-of-way, public lands, tree masses, streams and other features, and and monuments. The location and dimensions of proposed easements, existing property lines,
right-of-way, and land reserved for public purposes; and the location, course, and dimensions of exist-ing and proposed sanitary and storm sewer and water facilities. The Planning Commission
may require existing topographic contours at not more than ten foot ( l O a O a l ) intervals or at such~intervalst hat the contours shall have a maximum spacing of one hundred feet
( l O O ' O g f ) . The Planning Commission may also require supplemental plans showing proposed final contour. The name and address of the subdivider or developer. The name, seal, and
signature of the registered engineer or registered surveyor who shall have prepared the plan. The name, ant3 address and deed references of the owner of the tract and the names and deed
references of the owners of adjoining tracts. MONTGOMERY TOWNSHIP SUBDIVISION AND LAND DEVELOPMENT ORDINANCE Page 18
b. C. d. e. (7) A location map showing the proposed project in relation to adjacent properties and existing streets in that vicinity of the Township. (8) An appropriate certification
shall be included as to the accuracy of Dlats for preliminary and final approval thereof. Such plats and surveys shall be prepared in accordance with the Act of May 23, 1945 IP.L. 913,
No. 3671, known as the “Professional Enqineers Resistration Law. Three ( 3 ) copies of cross-section drawings for all proposed streets showing rights-of-way, caktway widths, location
of sidewalks, and planting strips. Three ( 3 ) copies of profile drawings of all proposed streets showing existing and proposed grade. Three ( 3 ) copies of plans and profiles of proposed
sanitary and storm sewer systems, water distribution systems, and any other pertinent utilities. Such plans shall include grades, pipe sizes and the location of valves and fire hydrants.
Results of preliminary percolation tests approved ,and inspected by a Sewaae Enforcement Officer Officer approved by the Township. The Planning Commission may require the subdivider
or land developer to prepare, for the use of the Township, four ( 4 ) the following information: A preliminary plot-plan indicating within the site the location of existing and proposed
buildings, lot lines, sewage or sewerage systems, all sources of water supply such as wells and springs, ponds, streams, and other bodies of water, rights-of-way, streets, roadways,
highways, and access routes. Information relating to the type of sewage disposal if applicable. facilities provided or 1 conditions and limitations for on-lot Information relating to
adjacent property, building, sources of water supply, ponds, streams, sewage or sewerage systems, rights-of-way, streets, that may have a significant effect on the environmental and
sanitary aspects of the proposed subdivision. MONTGOMERY TOWNSHIP SUBDIVISION AND LAND DEVELOPMENT ORDINANCE Page 19 I I I I I I’ I I I I I I I I I I I I I I
I I I I I I I I I I I I I I I 1 (4) Direction to north, direction of slopes, and degree of slope. (5) Direction and distance of the nearest sewage treatment plant and information as
to its present or future accessibility in terms of time, finances and load capacity as well as the sources of this information. f. The Planning Commission may require the subdivider
or developer to prepare, for the use and review of the Township, four ( 4 ) copies of an Erosion and Sedimentation Control Plan. The design standards and specifications for said Plan
are contained in the Erosion and Sedifnentation Control Handbook which has been prepared by the County Conservation District and is. on file in that office and with the Township. Said
Plan shall include, but shall not be limited to, the following information: (1) The erosion and sedimentation control plan shall be designed to prevent accelerated erosion and sedimentation
by incorporating the following control measures and control facilities: (a) The topographic features of the project area. (b) The types, depth, slope and areal extent of the soils indicated
on the plat plan or similar appropriate official map. (c) The proposed alteration to the area: 1. Stripping of vegetation, regarding, or other development shall be done in such a way
that will minimize erosion. 2. Whenever feasible, natural vegetation shall be retained, protected, and supplemented. 3*. Disturbed soils shall be stabilized as quickly as practicable.
4. Development plans shall preserve salient natural features, keep cut-fill operations to a minimum, and ensure conformity with topography so as to create the least erosion potential
and adequately handle the volume and velocity of surface water runoff. MONTGOMERY TOWNSHIP SUBDIVISION AND LAND DEVELOPMENT ORDINANCE Page 20
(d) The amount of runoff from the project area and the upstream watershed area: 1. Provisions shall be made to effectively accommodate the increased runoff caused by changed soil and
surface conditions during and after development. Where necessary the rate of surface water runoff will be structurally retarded to prevent sedimentation from being discharged into the
waters of the Commonwealth. 2. All surface water shall be diverted away from _ . the project area where feasible. (e) The staging of earthmoving activities; the disturbed area and the
duration of exposure shall be kept to a practical minimum. Temporary control measures and facilities for use during earthmoving: (f) 1. Temporary vegetation and/or mulching shall be
used to prevent exposed critical areas during development. 2. Sediment in the runoff water shall be trapped until the disturbed area is stabilized by the use of debris basins, sediment
basins, silt traps, or similar measures. Permanent control measures and facilities for lonq term protection: _1.. The permanent final vegetation and structural erosion control and drainage
measures shall be installed as soon as practical in the development. (h) A maintenance program shall be developed for the control facilities includinq disposal facilities for the project
area. MONTGOMERY TOWNSHIP SUBDIVISION AND LAND DEVELOPMENT ORDINANCE Page 21 1 I I I I 1 I 1 I I 1 I I 1 I 1 I 1 I
I I I I I I I I I 1 I I I I I I I g, Water Supply: (1.) At the time of the initial submission an Applicant shall present written evidence to the Board of Supervisors, that the subdivision
or land development is to be supplied water by either: (a) A certified public utility; (b) A bona fide cooperative association of lot owners; -or (c) Municipal Corporation, authority
or utility. (2.) A copy of a Certification of Public Convenience from the Pennsylvania Public Utility Commission or an Application for such Certification, a Cooperative Asreement or
a commitment or Asreement to serve the area in question, which ever is appropriate shall be acceptable evidence for satisfyins the reauirements of Section 700s. -h. Pennsylvania Department
of Transportation Hicrhwav Occupancy Permit Reauirements: No plat which will reauire access to a Hishway under the jurisdiction of the Pennsylvania Department of Transportation shall
be approved unless the plat contains a notice that a Hiahway Occupancy Permit is reauired pursuant to Section 420 of the Act of June 1, 1945, (P.L. 1242, No. 428, known as the "State
Hiqhway Lawtt,be fore driveway access to a State Hishwav is permitted. The plat shall also be marked to indicate that access to the State Hiahway shall be only as authorized by a Hishway
Occupancy Permit. SECTION 701. REVIEW PROCEDURE a. At least fourteen (14) days prior to the meetins of the Plannins Commission at which initial consideration is desired, the subdivider
or developer shall submit seven.(7) copies of the Preliminary Plan and accompanying documentation to the Secretary. MONTGOMERY TOWNSHIP SUBDIVISION AND LAND DEVELOPMENT ORDINANCE Page
22 1 I
1 1 -b. Copies of the Preliminary Plan shall immediately be distributed by the Secretary as follows: -1. One (1) CODY of the plan and supportins data to the County Plannins Commission
for review and comment. -2. One (1) COPY of the plan aiid supportins data to the Township Ensineer for his review and comment. -3 . One (1) copy of the plan and supportins data to the
Pennsylvania Department of Transportation where a proposed project abuts or will be traversed by an existins or proposed State Hishwav. -4. One (11 CODY of the plan and supportha data
to the County Conservation District Office of all land developments, subdivisions of three (31 lots or more and other parcels of land or projects deemed necessary by the Township. -5.
Remainins copies of the plan and supportins data to the Plannins Commission. -c. The Planninq Commission shall take official action on a Preliminary Plan within sixty 601 days after
the first official Plannins Commission Meetinq pursuant to submission of the plans and data. The Commission shall note its action on three ( 3 ) noted copies of the plans. The three
( 3 ) noted copies of the plan shall then be forwarded to the Board of Supervisors alons with a recommendation concerninq preliminary approval. Upon its approval of the Preliminary Plan
the Commission shall recommend to the Board of. Supervisors that the revision to the Township's Official Sewaqe Facilities Plan be formally adopted and submitted to the Pennsylvania
Department of Environmental Resources for their review. MONTGOMERY TOWNSHIP SUBDIVISION AND LAND DEVELOPMENT ORDINANCE Page 23
1 I I I I I I II I I I I I I I I I -d. The Board of Supervisors shall take official action on a preliminary plan after it has received the report of the Plannins Commission and within
ninety (90) followina the date of the first official Plannins Commission Meetins next followins the date the Armlication was filed. Provided, that should the said next resular meetins
of the Planninq Commission occur more than thirty (30) days followins the filina of the Application, the said ninety (90) day period be measured from the 30th day followins the day the
ApDlication was filed. -1. The decision of the Board of Supervisors shall be in writins and shall be commuRicated to the applicant personally or mailed to the applicant at their last
known address not later than fifteen (15) days followins the decision. -2. When the Application is not approved in terms as filed the decision shall specify the defects found in the
Application and describe the reauirements which have not been met and shall, in each case, cite the provisions of the Ordinance relied upon. -3. Failure of the Board of Supervisors to
render a decision and communicate it to the Applicant within the time and manner required herein shall be deemed an approval of the Application in terms as presented unless the applicant
has asreed in writinq to an extension of time or chanqe in the mescribed manner of presentation of communication of the decision, in which case, failure to meet the extended time or
chanse in manner of presentation of communication shall have like effect. MONTGOMERY TOWNSHIP SUBDIVISION AND LAND DEVELOPMENT ORDINANCE Page 24
I I 1 I I I 1 I I I I I ARTICLE VI11 FINAL RECORD PLANS SECTION 800. PLAN REOUIREMENTS The Planning Commission may require that the following materials be submitted with an application
for approval of a final plan. Final plans shall conform in all important details with preliminary plans as previously approved, and any conditions specified in the palpapnrso.v al of
preliminary plans shall be-_ i.n corporated in the final a. b. C. Seven (7) copies of the plan in the form of a map or series of maps, drawn to a scale of not smaller than one hundred
feet ( l O O t O t t ) to the inch on sheet size eight and one-half inches by eleven inches (8-1/2" x lltl), eighteen inches by twentyfoou inches (18" x 24") or twenty-four inches by
thirty-six inches (24" x 3 6 " ) . Where more than one (1) sheet is required, and index map of the entire project at a smaller scale shall be shown on a sheet of the same size. The Planning
Commission may require final plans at a scale of fifty feet (5010tt) to the inch as a condition of preliminary plan approval to assure legibility in cases warranted by the complexity
of the proposal. The error of closure shall not be more than one part in 5,000. Such final plans shall show; (1) The items required to be shown in preliminary plans, as (2) The location
of all proposed monuments, street lights, specified in Section 700, a. and street signs. (3) A statement of the types of structures to be erected, and a summary table of the number of
structures and dwelling units proposed. The location of minimum building setback lines. Evidence that the plans are in conformity with building, sanitation and other applicable Township
Ordinances and Regulations and with the regulations governing the extension of utility services into the Township. In any instance where such plans do not conform, evidence shall be
presented that an exception has been officially authorized. MONTGOMERY TOWNSHIP SUBDIVISION AND LAND DEVELOPMENT ORDINANCE Page 25
d. Evidence that the subdivider or developer has installed the necessary street and other improvements as required in Section 1100 in accordance with Township Standards and Specifications,
or that the subdivider or developer has furnished the Township the following assurances that said improvements will be installed: (1) A written agreement concerning improvements not
yet completed in a form provided by the Township that the subdivider or developer will lay out and improve roads and streets, erosion and sediment control facilities, and construct all
of the improvements required in Section 1100 as a condition of the acproval of the plan by the Board of Supervisors within the time or times specified therein. (2) DeDosit* with the
Township of financial security in an amount sufficient to cover the costs of such improvements or common amenities includinq, but not limited to, roads, stormwater detention and/or retention
basins and other related drainaqe facilities, open space improvements, or buffer or screen plantinss which may be required. MONTGOMERY TOWNSHIP SUBDIVISION AND LAND DEVELOPMENT ORDINANCE
Page 26 I I I
I I 1 1 I I I I I I 1 I I I I I I (3) When requested by the Applicant. in order to facilitate financinq, the Township will furnish the Applicant with a siqned CODY of a resolution identifyins
approval of the plat continsent upon the developer obtainins a satisfactory financial security. The final plat or record plan shall not be siqned nor recorded until the financial improvements
aqreement is executed. The resolution or letter of continqent approval shall expire and be deemed to be revoked if the financial securitv aqreement is not executed within ninety (90)
days unless a written extension is wanted by the Township. (4) The amount of financial secukitv to be posted for the completion of the required improvements shall be eaual to 110% of
the cost of completion estimated as of ninety 190) days followins the date scheduled for completion by the developer. Annually. the Township may adjust the amount of the financial security
by comparinq the actual cost of the improvements which have been completed and the estimated cost for the completion of the remaininq improvements as of the execution of the 90th day
after either the oriqinal date scheduled for completion or the rescheduled date of completion. Subsequent to said adjustment, the developer shall post additional security in order to
assure that the financial security equals 110%. Any additional security shall be posted by the Applicant in accordance with the requirements of this Article. & Financial security shall
be posted with a Bondins Company or Federal or Commonwealth chartered lendinq institution chosen by the party p ostinq the financial securityL provided said Bondins Company or bondinq
institution is authorized to conduct said business within the Commonwealth. In lieu of a bond, the subdivider or developer mav deposit cash or securities with the Township or with a
bank or trust company to auarantee performance of said contract and to secure completion of the improvements under an escrow aqreemen't approved bv the Township Solicitor and Board of
Supervisors. The amount of the bond or other quarantee shall be sufficient to cover the cost of required improvements as estimated by the Enaineer. The escrow aqent for the deposits
of such cash or securities shall be desiqnated and selected by the Board of Supervisors. MONTGOMERY TOWNSHIP SUBDIVISION AND LAND DEVELOPMENT ORDINANCE Page 27
(6) Such bond or other security shall provide for, and secure to the public, the completion of any improvements which may be required on or before the date fixed in the formal action
of approval or accompanyins asreement for completion of the improvements. (7) Federal or Commonwealth chartered lendinq institutions irrevocable letters of credit and restrictive or
escrow accounts in such lendina institutions are acceptable forms of financial security which may be utilized bv an Applicant to comply with the requirements of This Article. The amount
of financial security reauired shall be based upon an estimate of the cost of completion of the required improvements, submitted by an Applicant or Developer and Drepared by a Professional
Enqineer licensed as such in this Commonwealth and certified by such Enqineer to be a fair and reasonable estimate of such cost. The Township, upon the recommendation of the Township
Enqineer, may refuse to accept such estimate for sood cause shown. If the Applicant or Developer and the Township are unable to aqree upon an estimate, then the estimate shall be recalculated
and recertified by another Professional Enqineer licensed as such in this Commonwealth and chosen mutually by the Township and the Applicant or Developer. The estimate certified by the
third Enqineer shall be presumed fair and reasonable and shall be the final estimate. In the event that a third Enqineer is so chosen, fees for the services of said Enqineer shall be
paid equally bv the Township and the Applicant or Develop-er. (8) (9) If the party postins the financial security requires more than one (11 Y ear from the date of postina of the financial
securityto complete the required improvements, the amount of financial security may be increased by an additional 10% for each one (1) year .period beyond the first anniversary date
from postina of financial security or to an amount not exceedins 110% of the cost of completinq the required improvements as reestablished on or about the expiration of the precedinq
one (11 year period bv usins the above biddins procedure. MONTGOMERY TOWNSHIP SUBDIVISION AND LAND DEVELOPMENT ORDINANCE Page 28 D D I D D I I I I 1 I I D I I 1 I I I
(10) In the case where development is projected over a period of Years, the Township may authorize submission of final plats by section or stases of development subiect to such reauirements
or suarantees as to improvements in future sections or staaes of development as it finds essential for the protection of any finally approved section of the development. (11) As the
work of installha the reauired improvements proceeds, the party postins the financial security may reauest the Township to release or authorize the release, from time to time, such portions
of the financial security necessary for pavm6nt to the Contractor or Contractors performins the work. Any such reauests shall be in writins addressed to the Township, and the Township
shall have forty-five (45) days from receipt of such reauest within which to allow the Township Enqineer to certify, in writins, to the Township that such portion of the work upon the
improvements has been completed in accordance with the approved lat. Upon such certification certification the Township shall authorize release by the Bondins Company or Lendins Institution
of an amount as estimated by the Township Enqineer fairly representinq the value of the improvements completed, or if the Township fails to act within said forty-five (451 day period,
the Township shall be deemed to have approved the release of funds as requested. The TownshiD may, 13 rior to final release at the time of completion and certification by its Enqineer,
reauire retention of 10% of the estimated cost of the aforesaid improvements. Where the Township accepts dedication of all or some of the required improvements followina completion,
the Township may reauire the postins of financial security to secure structural intesrity of said improvements as well as the functionins of said improvements in accordance with the
desisn and specifications as depicted on the final plat for a term not to exceed eishteen months from the date of acceptance of dedication. Said financial security shall be of the same
tvpe as as otherwise required in this Section with reqard to installation of such improvements, and the amount of the financial security shall not exceed 15% of the actual cost of installation
of said improvements. MONTGOMERY TOWNSHIP SUBDIVISION AND LAND DEVELOPMENT ORDINANCE Page 29
113) If water mains or sanitary sewer lines, or both, alonq with apparatus or facilities related thereto. are to be installed under the iurisdiction and pursuant to the Rules and Resulations
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 Resulations
of the controllins public utility or Municipal Authority and shall not be included within the financial security as otherwise required by This Article. (14) If financial security has
been provided in lieu of the final completion of improvemefits reauired as a condition for the final approval of a plat as set forth in this Section, the Township shall not condition
the issuance of buildins, s radina or other permits relatins to the erection or p lacement of improvements, includinq buildinss. upon the lots or land as depicted upon the final plat
upon actual completion of the improvements depicted upon the approved final plat. Moreover, if said financial security has been provided, Occupancy Permits for any buildins or buildinas
to be erected shall not be withheld followins: the improvement of the streets providins access to and from existins public roads to such buildins or buildinss to a mud-free or otherwise
permanently passable condition, as well as the completion of all other improvements as depicted upon the approved plat, either upon the lot or lots or beyond the lot or lots in auestion
if such improvements are necessary for the reasonable use of or occupancy of the buildins or buildinss. Any Ordinance or statute inconsistent herewith is hereby exmesslv repealed. (15L
Release from Improvement Bond -When the Developer has comDleted all of the necessary and appropriate improvements, the Developer shall notify the Township in writina, by certified or
resistered mail, of the completion of the aforesaid improvements and shall send a COPY thereof to the Township Enaineer. 'The Township shall within ten (10) days after receipt of such
notice, direct and authorize the Township Ensheer to inspect all MONTGOMERY TOWNSHIP SUBDIVISION AND LAND DEVELOPMENT ORDINANCE Page 30 I I I I I\ I I 1 I I D I I I I I I I 11
1 I I 1 I 1 I I I I I I I I I I 1 1 1 of the aforesaid improvements. The Township Ensineer shall, thereupon, file a report. in writina, with the Township, and shall promptly mail a COPY
of the same to the Developer bv certified or resistered mail. The report shall be made and mailed within thirty (30) days after receipt bv the Township Ensineer of the aforesaid authorization
from the Township. Said report shall be detailed and shall indicate amroval or rejection of said imrrovements. either in whole or in part, and if said improvements. or any D ortion thereof,
shall not be approved or shall be rejected by the Township Ensineer. said report shall contain a statement of reasons for such nonapproval or reiection. (16) The Township shall notify
the developer. within fifteen (15) days of receipt of the Enaineer's Report, in writinq by certified or resistered mail of the action of said Township with relation thereto. 1171 If
the Township or the Township Ensineer fails to comply with the time limitation provisions contained herein, all improvements will be deemed to have been approved and the Developer shall
be released from all liability. P ursuant to its performance suarantee bond or other security asreement. (18) If any portion of the said improvements shall not be approved or shall be
reiected by the Township the Developer shall proceed to complete the same and, upon completion, the same procedure of notification, as outlined herein, shall be followed. (19) Nothins
herein, however, shall be constructed in limitation of the. Developer's risht to contest or question by lesal proceedins or otherwise, anv determination of the Township or the Township
Enqineer. 1201 Where herein reference is made to the Township Ensineer, he shall be as a Consultant thereto. (211 The Applicant shall reimburse the Township for expenses incurred for
the inspection of improvements. Such reimbursement shall be in accordance with the Hishland Township Subdivision and Land Development Fee Schedule which is in effect at the time the
inspection(s) is performed. MONTGOMERY TOWNSHIP SUBDIVISION AND LAND DEVELOPMENT ORDINANCE Page 31
22. Remedies to Effect Completion of Improvements -In the event that any improvements which may be reauired have not been installed as provided by This Ordinance or in accordance with
the approved final plat the Township may enforce any corporate bond, or other security bv appropriate leqal or equitable remedies. If Droceeds of such bond, or other security are insufficient
to Day the cost of installinq or makina repairs or corrections to all the improvements covered by said security, the Township may, at its option, install part of such improvements in
all or part of the subdivision or land development and may institute appropriate leqal or eauitable action to recover-the moneys necessarv to complete the remainder of the improvements.
All of the proceeds, whether resultinq from the security or from any leqal or equitable action brouqht aqainst the Developer. or both, shall be used solely for the installation of the
improvements covered bv such security, and not for any other Municipal Durpose. MONTGOMERY TOWNSHIP SUBDIVISION AND LAND DEVELOPMENT ORDINANCE Page 32 I 1 1 1 I B 1 1 I I I 1 I I 1 1
I I i
1 I I I I I I 1 I 1 I I I I I I I 1 1 SECTION 801. REVIEW PROCEDURE. -a. -b. -C. -d. -e. -f. At least fourteen (14) days prior to the meetins of the Planninq Commission at which initial
consideration is desired, the subdivider or developer shall submit the oriainal drawing and seven (7) coDies the Final Plan and accompanvinq documentation to the Township Secretary.
A Final Plan may be prepared for only a portion of the approved Preliminary Plan where a subdivider or developer wishes to undertake the development of a Droject in sections or stases.
Upon receipt of the Final Plan the TownshiD Secretary shall distribute copies of the Final Plan in accordance with Section 701b. Within sixty (60) days followinq its receipt, the Planninq
Commission shall consider the comments of the other reviewinq aqencies and shall recommend either approval or disapproval of the Final Plan. The Township Supervisors shall take official
action on each subdivision or land development plan within ninety (90) days of the Township's receipt and shall note or stamp its action on all copies of the plan. Distribution of the
copies of the plan as finally amroved shall be as follows: (1) COPY to the Township Enaineer: one (1) copy to be retained in the Townshiz, Secretary's files; one (1) copy to the Planninq
Commission: and the oriqinal and one (1) copy to the subdivider or developer. The procedure for action taken on final plans shall be in accordance with the procedure outlined in Section
701. Within ninety (90) days followinq approval by the Board of Supervisors the Final Plan shall be recorded by the subdivider or developer at the County Recorder of Deed's Office. The
Recorder of Deeds shall not accept any plan for recordinq unless the plan has been officially approved and siqned by the Board of Supervisors. g, The Township Board of Supervisors shall
not approve a Final Plan without a favorable report from the Department of Environmental Resources reqardinq the Official Plan Revision. However, failure of the Department of Environmental
Resources to report to the Township within ninety (90) days from the day the last revision was sent shall constitute approval. MONTGOMERY TOWNSHIP SUBDIVISION AND LAND DEVELOPMENT ORDINANCE
Page 33
I I I -h. The Township Supervisors shall not approve a Final Plan until the Township Sewaqe Enforcement Officer shall have siqned the plot plan certifyinq the suitability of each lot
in the project for on-lot sewage disposal. The Sewaqe Enforcement Officer's certification is not necessary if a public or central sewer system is installed. .. MONTGOMERY TOWNSHIP SUBDIVISION
AND LAND DEVELOPMENT ORDINANCE Page 34 D I 1 I I 1 1 I I I I I 1 I I
ARTICLE IX II MOBILEHOME PARK REGULATIONS ,I SECTION 901. PLAN REQUIREMENTS 1 I /I I I I I I I SECTION 900. PROCEDURE No person, firm or corporation shall construct, maintain or operate
a Mobilehome Park within the Township without obtaining a Mobilehome Park Permit from Montgomery Township. The procedures for reviewing mobilehome park plans shall be the same as for
subdivision and land development plans in accordance with the provisions of This Ordinance. Unless -Specified in This Article, the design standards improvement requirements for mobilehome
parks shall be the same as for subdivision and land development projects in accordance with the Provisions of This Ordinance. Prior to the issuance of a Mobilehome Park Permit, plans
shall be submitted to and approved by the Township in accordance with the requirements and procedures of This Ordinance regarding Preapplication Consultation, Preliminary Plans and Final
Record Plans. In addition to the site plan information required elsewhere in This Ordinance, the following information shall be provided on the plans: a. The location and use of proposed
buildings or structural improvements. b. The location and design of all uses not requiring structures such as recreation areas and landscaping. SECTION 902. RENEWABLE MOBILEHOME PARK
PERMIT a. b. The Board of Supervisors may grant a Mobilehome Park Permit in a period not to exceed one (1) year from the date of approval of such permit which shall be renewable annually.
The Board of Supervisors or its duly authorized representative shall inspect each Mobilehome Park prior to granting an annual permit for conformance with the Provisions of This Ordinance
and any other applicable regulations. It shall be incumbent upon the proprietor of a Mobilehome Park to keep a register and to report therein the name of person or head of family occupying
each said mobilehome, showing date of entry on said land, make and size of the mobilehome, and the names of all persons living in said mobilehome. Said register shall be subject to inspection
periodically by the Board of Supervisors. MONTGOMERY TOWNSHIP SUBDIVISION AND LAND DEVELOPMENT ORDINANCE Page 35
SECTION 903. LOT REOUIREMENTS a. Individual mobilehome lots located in a Mobilehome Park shall contain at least ten thousand square feet (10,000 sq. ft.) of lot area and shall not be
less than one hundred feet ( l O O q O 1 l ) wide at the building setback line exclusive of easements of rights-of-way. b. All mobilehome lots shall be given street numbers and all park
streets shall be given names. SECTION 904. YARD AND SETBACK REQUIREMENTS a. All mobilehomes shall be located at least thirty-five feet ( 3 5 1 0 1 1 ) from any street right-of-way which
abuts a mobilehome park boundary and at least twenty-five feet (251011) from any other boundary park. b. There shall be a minimum distance of thirty-five feet (35'0l') between an individual
mobilehome and adjoining pavement of a park street or common parking area or other common areas. c. All mobilehome and patios on a mobilehome lot shall not be located closer than fifteen
feet (15I0l1) to a lot line. SECTION 905. PARK STREET SYSTEM a. Park Access: Each mobilehome Park shall be provided with suitable point(s) of ingress and egress and a distance of at
least two hundred feet ( 2 0 0 1 0 1 1 ) shall be maintained between centerlines or access streets. b. Lot Access: All Mobilehome Parks shall be provided with safe and convenient paved
access streets to and from each and every mobilehome lot. Alignment and gradient shall be properly adapted to topography. c. Streets: All streets within any Mobilehqme Park shall be
designed and improved as local streets in accordance with Township Specifications. d. Intersections: Not more than two (2) streets shall intersect at any point and a distance of at least
one-hundred and fifty feet (150101t)s hall be maintained between centerlines of offset intersecting streets. MONTGOMERY TOWNSHIP SUBDIVISION AND LAND DEVELOPMENT ORDINANCE Page 36 M
I I I I I I 1 I I I I I U I I I I I
I ' I ! B I I I I I I I I SECTION 906. UTILITY IMPROVEMENTS a. Sewer and Water: All mobilehomes shall be connected to approved central sewer and water systems. b. Electrical Distribution:
All Mobilehome Parks shall have underground electrical distribution systems which shall be installed and maintained in accordance with the local electric power company's specifications
regulating such systems. c. Natural Gas Systems: Any natural gas systems shall be installed and maintained in accordance with the regulations and specifications of the company Supplying
said natural gas. d. Liauified Petroleum Gas System: Liquified petroleum gas systems provided for mobilehomes, service buildings or other structures shall include the following: Systems
shall be provided with safety devices to relieve excessive pressures and shall be arranged so that the discharge terminates at a safe location. Systems shall have at least one (1) accessible
means for shutting off gas. Such means shall be located outside the mobilehome and shall be maintained in effective operating condition. All LPG piping outside of the mobilehomes shall
be well supported and protected against mechanical injury. Undiluted liquified petroleum gas in liquid form shall not be conveyed through piping equipment and systems in mobilehomes.
Any vessel containing liquified petroleum gas shall be securely but not permanently fastened to prevent accidental overturning. No LPG vessel shall be stored or located inside or beneath'
any storage cabinet, carport, mobklehome or any other structure unless such installations are specifically approved by the Supervisors. MONTGOMERY TOWNSHIP SUBDIVISION AND LAND DEVELOPMENT
ORDINANCE Page 37
e. Fuel Oil Supply Systems: All fuel oil supply systems provided for mobilehomes, service buildings and other structures shall be installed and maintained in conformity with the following
regulations: (1) All piping from outside fuel storage tanks or cylinders to mobilehomes shall be securely, but not permanently, fastened in place. (2) All fuel oil supply systems provided
for mobilehomes, service buildings and other structures shall have shutoof valves located within five inches ( 5 " ) of storage tanks. .. ( 3 ) All fuel storage tanks or cylinders shall
be securely placed and shall not be less than ten feet (10'01*) from any mobilehome exit. (4) Storage tanks located in areas subject to traffic shall be protected against physical damage.
SECTION 907. COMMON OPEN SPACE a. All Mobilehome Parks shall provide ss than ten percent (10%) of t a1 land area for common open space purposes. Common open space be so located as to
be free of traffic hazards and should, where the topography permits, be centrally located located and easily accessible to all park residents. Mobilehome parks containing more than twenty
five (25) l o t s or dwelling units shall provide playgrounds in accordance with Section 1004. a. b. Exposed ground surfaces in all parts of every park shall be paved, or covered with-stone
screenings, and other solid material, or protected with a vegetation growth that is capable of preventing soil erosion and the emanation of dust during day weather. c. Park grounds shall
be maintained free of vegetation growth which is poisonous or which may harbor rodents, insects, or other pests harmful to man. SECTION 908. BUFFER STRIPS A suitably screened or landscaped
buffer strip shall be provided by the developer along all of the property boundary lines separating the park from adjacent uses. MONTGOMERY TOWNSHIP SUBDIVISION AND LAND DEVELOPMENT
ORDINANCE Page 38 I I I I I I I E I I I I I 1 I I I U I
I SECTION 909. WALKWAYS a. General Reauirements: All parks shall be provided with safe, convenient, all season pedestrian walks or adequate width for intended use, durable and convenient
to maintain, between individual mobilehome lots, the park streets and all community facilities provided for park residents. Sudden change in alignment and gradient shall be avoided.
b. Common Walk System: A common walk system shall be provided and maintained between locations where pedestrian traffic is concentrated. Such common walks shall have a width of four
feet (41018). _I I I I I I I I I 1 I I I I c. Individual Walks: All mobilehome lots shall be connected to common walks, to paved streets, or to paved driveways or parking spaces connecting
to a paved street. Such individual walks shall have a minimum width of two feet (2'011). SECTION 910. OTHER SITE IMPROVEMENTS a. b. C. d. One (1) fire alarm box or public telephone shall
be provided for each Mobilehome Park. Dry chemical fire extinguishers, not less than five (5) pounds in capacity, shall also be provided and shall be located that no mobilehome is more
than one-hundred and fifty feet (150'0") from said fire extinguisher. Provision shall be made by the Park Operator to have garbage and waste collected at least once every week. Each
mobilehome lot shall be provided with a concrete slab which shall be at least four inches ( 4 " ) thick on a stable surface no larger than ten feet ( l o t o r @b)y eighteen ( 1 8 I
O g t ) in size for use as a patio and so located as to be adjoining and parallel to the mobilehome. Such slab shall contain an electrical outlet to which the electrical system of the
mobilehome shall be connected. 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. MONTGOMERY TOWNSHIP SUBDIVISION AND LAND DEVELOPMENT ORDINANCE Page 39
I SECTION 911. PARK AREAS FOR N01.-RESIDENTIAL USES a. No part of any mobilehome park shall be used for a nonresiddentia purpose, except such uses that are required for the direct servicing
and well being of park residents and for the management and maintenance of the park. .. MONTGOMERY TOWNSHIP SUBDIVISION AND LAND DEVELOPMENT ORDINANCE Page 40 I 1 I I I I I
I -I I I I I I 1 I I I I I I I I 1 I I ARTICLE X NUTRIENT MANAGEMENT PLAN REOUIREMENTS SECTION 1000. CURRENT USES UNAFFECTED Except as noted below, the conduct of current livestock or
poultry operations and the Facilities used therefore, to the extent that the operations or Facilities are not expanded, shall be unaffected by this Ordinance. Normal seasonal changes
in herd or flock sizes, shall not be considered expansion. In the event that the Township has reason to suspect that livestock or poultry operations, or the Facilities usedtherefore,
have polluted or pose a substantial risk of polluting either surface water or ground waters, it may invite the Department of Environmental Resources, Bureau of Water Quality Management
to make such a determination. If the Department of Environmental Resources has been requested to occur after notification to the landowner by Township. If such pollution is occurring,
as determined by the Department of Environmental Resources, the Township shall require the filing of an an application for a permit and compliance with the terms of this Ordinance even
if neither the operations nor the Facilities have or intended to be expanded. SECTION 1001. PERMIT REQUIRED a. Before any livestock or poultry operation is initiated or expanded a Nutrient
Management Plan must be submitted and approved by the Montgomery Township Planning Commission. b. The application shall be accompanied by a letter of certification from the Franklin
County Conservation District stating that it has reviewed the Nutrient Management Plan. c. The application shall be accompanied by a filing fee for the purpose of defraying the expenses
of reviewing the application and making such site inspection and follow-up necessary. The filing fee may be modified from time to time by resolution of the Board of Supervisors. SECTION
1002. CONTENTS OF NUTRIENT MANAGEMENT PLAN AND CRITERIA a. Applicant shall submit a Nutrient Management Plan for Safely managing all nutrients, including without limitation, the manure,
sludge, and chemical fertilizers used or produced on the farm. It must show in detail all existing and proposed buildings or facilities, along with the location of all fields where the
manure or chemical fertilizers will be deposited. MONTGOMERY TOWNSHIP SUBDIVISION AND LAND DEVELOPMENT ORDINANCE Page 41
b. The plan shall, at a minimum, comply with the criteria set forth in the Manure Management for Environmental Protection, publication of the Commonwealth of Pennsylvania, Department
of Environmental Resources, published in October of 1986, together with its technical supplements as they are amended from time to time. 1 I 1 1 I I I I' c. In performing the calculations
required for the Nutrient Management Plan, the applicant shall use the then current worksheet prepared by the Pennsylvania State University. The worksheet requires current (with 3 years)
soil test information, yield data and acres. for each crop, and manure analysis for each type of manure. * d. In addition, all operations and Facilities shall comply with any other Township
Ordinances dealing with manure storage and handling. e. Drawings outlining the location and nature of existing and proposed Facilities shall be drawn to scale and be of sufficient specificity
that the Township Representative can easily determine the exact location and nature of the Facility. f. The plans shall describe the method and Facilities used to remove, store, transport,
treat or dispose of all livestock or poultry wastes during all seasons. The plan shall include calculation of the amount of manure produced, the amount of land needed for its disposal
and proof that the applicant owns or leases sufficient land to safely dispose of the manure. Amounts of fertilizer planned to be used shall be included in the Nutrient Management Plan.
In the event the applicant is leasing the land, the plan shall include the written consent of the owner to the disposal of manure on the lease land. g. If sufficient land, as required
by the Nutrient Management Plan for the proper disposal of manure, is not available on the farm on which the proposed Facility is located or on other farms owned or leased by the applicant,
the Nutrient Management Plan shall state what will be done with the excess manure. This may include removing the manure to other locations where to be properly processed for for resale,
or utilized for other environmentally safe uses. h. All land on which manure is to be applied must have an implemented Conservation Farm Plan. MONTGOMERY TOWNSHIP SUBDIVISION AND LAND
DEVELOPMENT ORDINANCE Page 42 I
ARTICLE XI SECTION 1100. OMERY WHICH ARE FOR ANY PERSONS WHO FAIL; OR REFUSE TO COMPLY WITH,'.''TIiREE QUIREMENTS OR PROVISIONS OF THIS ORDINANCE. GENERAL PROVISIONS SECTION 1101. INTENT
a. Promote the general health, welfare, and safety, of the b. Encourage the utilization of appropriate construction practices in order to prevent or minimize flood damage in the future
. commun it y . \ c. Minimize danger to public health by protecting water supply and natural drainage. d. Reduce financial burdens imposed on the community, its governmental units, and
its residents, by preventing excessive development in areas subject to flooding. e. Comply with Federal and State Floodplain Management Requirements. MONTGOMERY TOWNSHIP SUBDIVISION
AND LAND DEVELOPMENT ORDINANCE Page 43
I SECTION 1102. APPLICABILITY a. It shall be unlawful for any person, partnership, business or corporation to undertake, or cause to be undertaken, any construction or development anywhere
within the Township, unless a Building Permit has been obtained from the Building Permit Officer. b. A Building Permit shall not be required for minor repairs to existing buildings or
structures. SECTION 1103. ABROGATION AND GREATER RESTRICTIONS These reauirements supersede@any other conflicting ch may be in effect in identified floodplain areas. However, any other
Ordinance Provisions shall remain in full force and effect to the extent that those provisions are more restrictive. If there is any conflict between any of the provisions of This Ordinance,
the more restrictive shall apply. SECTION 1104. WARNING AND DISCLAIMER OF LIABILITY The degree of flood protection sought by the provisions of This Ordinance is considered reasonable
for regulatory purposes and is based on acceptable engineering methods of study. Larger floods may occur. Flood heights may be increased by man-made or natural causes, such as ice jams
and bridge openings restricted by debris. This Ordinance does not imply that areas outside any identified floodplain area, or that land use permitted within such areas will be free from
flooding or flood damages. This Ordinance shall not create liability on the part of the Township or any officer or employee thereof for any flood damages that result from reliance on
This Ordinance or any administrative decision lawfully made thereunder. MONTGOMERY TOWNSHIP SUBDIVISION AND LAND DEVELOPMENT ORDINANCE Page 44 1 I I I 1 I 1 I I I I I I 1 I I ! I I '
1
ADMINISTRATION SECTION 1105. ISSUANCE OF BUILDING PERMIT a. The Building Permit Officer shall issue a Building Permit only after it has been determined that. the proposed work to be
undertaken will be in conformance-with the requirements of this and all applicable codes and Ordinances. b. Prior to the issuance of any building permit, the Building Permit Officer
shall review the application for permit to determine if all other necessary governmental permits required by State and Federal Laws have been obtained, such as those required by the
Pennsylvania Sewage Facilities Act (Act 1966-537 as amended); the Dam Safety and Encroachments Act (Act 1978-325); the U.S. Clean Water Act, Section 404, 33, U.S.C. 1334; and the Pennsylvania
Clean Streams Act (Act 1937-394, as amended). No permit shall be issued until this determination has been made. c. No encroachment, alteration, or improvement of any kind shall be made
to any watercourse until all adjacent Municipalities which may be affected by such action have been been notified by the Municipality and until all required permits or approvals have
been first obtained from the Department of Environmental Resources, Bureau of Dams and Waterway Management. d. In addition, the Federal Emergency Management Agency and Pennsylvania Department
of Community Affairs, Bureau of Community Planning, shall be notified by the Municipality prior to any alteration or relocation of any watercourse. -e. Drivewav access reauirements on
Township Roads. shall be the same as those for State Hiqhwavs unless a variance is wanted. SECTION 1106. APPLICATION PROCEDURES AND REQUIREMENTS a. Application for such a building permit
shall be made, in writing, to the Building Permit Officer on forms supplied by the Township. Such application shall contain the following: 1. Name and address of applicant. MONTGOMERY
TOWNSHIP SUBDIVISION AND LAND DEVELOPMENT ORDINANCE Page 45
2. Name and address of owner or land on which proposed construction is to occur. 3. Name and address of contractor. 4. Site location. 5. Listing of other permits required. 6. Brief description
of proposed work and estimated cost. 7. A plan of the site showing the exact size and location of the proposed construction bs well as any existing buildings or structures. b. If any
proposed construction or development is located entirely or partially within any identified floodplain area, applicants for Building Permits shall provide all the necessary information
in sufficient detail and clarity to enable the Building Permit Officer to determine that: (1) All such proposals are consistent with the need to minimize flood damage and conform with
the requirements of this and all other applicable codes and Ordinances; (2) All utilities and facilities, such as sewer, gas, electrical and water systems are located and constructed
to minimize or eliminate flood damage; and ( 3 ) Adequate drainage is provided so as to reduce reduce exposure to flood hazards. c. A plan of the entire site, clearly and legibly drawn
at a scale of one inch (1") being equal to one hundred feet (100') or less, showing the following: (1) North arrow, scale, and date; (2) Topographic contour lines, if available; ( 3
) All property and lot lines including dimensions, and the size of the site expressed in acres or square feet; MONTGOMERY TOWNSHIP SUBDIVISION AND LAND DEVELOPMENT ORDINANCE Page 46
I 1 1 I I I 1 1 I I I il 1 1 I I ( 4 ) The location of all existing and proposed buildings, structures, and other improvements, including the location of any existing or proposed subdivision
and land development; (5) The location of all existing streets, drives, and other accessways; and (6) The location of any existing bodies of water or watercourses, identified floodplain
areas, and if available, information pertaining to the floodway, and
the flow of water including d.i. rection and velocities. d. Plans of all proposed buildings, structures and other improvements, drawn at suitable scale showing the following: (1) The
proposed lowest floor elevation of any proposed building based upon National Geodetic Vertical Datum of 1929; (2) The elevation of the one-hundred (100) year flood; ( 3 ) If available,
information concerning flood depths, pressures, velocities, impact and uplift forces and other factors associated with a one-hundred (100) year flood; and (4) Detailed information concerning
any proposed floodproofing measures. e. The following data and documentation: (1) A document, certified by a registered professional engineer or architect, which states that the proposed
construction or development has been adequately designed to withstand the one-hundred (100) year flood elevations, pressures, velocities, impact and uplift forces associated with the
one-hundred (100) year flood. Such statement shall include a description of the type and extent of floodproofing measures which have been incorporated into the design of the structure
and/or the development. Detailed information needed to determine compliance with Section 4.03 F., Storage, and Section 4.04, Development Which May Endanger Human Life, including: (2)
MONTGOMERY TOWNSHIP SUBDIVISION AND LAND DEVELOPMENT ORDINANCE Page 47
(a) The amount, location and purpose of any materials or substances referred to in Section 4.03 F. and 4.04 which are intended to be used, produced, stored or otherwise maintained on
site. (b) A description of the safeguards incorporated into the design of the proposed structure to prevent leaks or spills or the dangerous materials or substances listed in Section
4.04 during a onehunndre (100) year flood. ( 3 ) The appropriate component. of the Department of Environmental Resources' IfPlanning Module for Land Developrnentlf. (4) Where any excavation
or grading is proposed, a plan meeting the requirements of the Department of Environmental Resources, to implement and maintain erosion and sedimentation control. Driveway access standard
shall conform to Title 67 Pennsylvania Code Chpater 441 as auoted in Section 1309 Standards for Driveway Access. SECTION 1107 . REVIEW OF APPLICATION BY OTHERS A copy of all plans and
applications for any proposed construction or development in any identified floodplain area to to be considered for approval may be submitted by the Building Permit Officer to any other
appropriate agencies and/or individuals (e.g. planning commission, municipal engineer, etc.). For review and comment. SECTION 1108. CHANGES After the issuance of a building permit by
the Building Permit Officer, no changes of any kind shall be made to the application, permit or any of the plans, specifications or other documents submitted with the application without
the written consent or approval of the Building Permit Officer. Requests for any such change shall be in writing, and shall be submitted by the applicant to the Building Permit Officer
for consideration. SECTION 1109. PLACARDS In addition to the building permit, the Building Permit Officer shall issue a placard which shall be displayed on the premises during the time
construction is in progress. This placard shall show the number of the building permit, the date of its issuance and be signed by the Building Permit Officer. MONTGOMERY TOWNSHIP SUBDIVISION
AND LAND DEVELOPMENT ORDINANCE Page 48
1 I I 1 I I 1 I 1 1 I 1 I I I 1 I I 1 SECTION 1110. START OF CONSTRUCTION Work on the proposed construction and/or development shall begin within six (6) .months and shall be completed
within twelve (12) months after the date of issuance of the building permit or the permit shall expire unless a time extension is granted, in writing, by the Building Permit Officer.
Construction and/or development shall be considered to have started with the preparation of land, land clearing, grading, filling, excavation for basement, footings, piers or foundations,
erection of temporary forms, the installation of piling under proposed subsurface footings, or the installation of sewer, gas and water pipes, or electrical or other service lines from
the street. .. Time extensions shall be granted only if a written request is submitted by the applicant, which sets forth sufficient and reasonable cause for the Building Permit Officer
to approve such a request. SECTION 1111. INSPECTION AND REVOCATION a. b. C. d. During the construction period, the Building Permit Officer or other authorized official shall inspect
the premises to determine that the work is progressing in compliance with the information provided on the permit application and with all applicable Township Laws and Ordinances. He
shall make as many inspections during and upon completion of the work as are necessary. In the discharge of his duties, the Building Permit Officer shall have the authority to enter
any building, structure, premises or development in the identified floodplain area upon presentation of proper credentials, at any reasonable hour to enforce the provisions of This Ordinance.
In the event the Building Permit Officer discovers that the work does not comply with the permit application or any applicable laws and Ordinances, or that there has been a false statement
or-misrepresentation by any applicant, the Building Permit Officer shall revoke the building permit and report such fact to the Board of Supervisors for whatever action it considers
necessary. A record of all such inspections and violations of This Ordinance shall be maintained. MONTGOMERY TOWNSHIP SUBDIVISION AND LAND DEVELOPMENT ORDINANCE Page 49
SECTION 1112. FEES Applications for a building permit shall be accompanied by a fee, payable to the Township based upon the estimated cost of the as determined by the Building Permit
Officer and a Fee Schedule established bv the SECTION 1113. ENFORCEMENT a. Notices: Whenever the Building Permit Officer or other authorized Municipal Representative determines that
there are reasonable grounds to believe that there has been a violation of any provisions of This Ordinance, or of any regulation adopted pursuant thereto, the Building Permit Officer
shall give notice of such alleged violation ,as hereinafter provided. Such notice of such shall (a) Be in writing; (b) Include a statement of the reasons for its issuance; (c) Allow
a reasonable time not to exceed a period of thirty (30) days for the performance of any act it requires; (d) Be served upon the property owner or his agent as the case may require; provided,
however, that such notice or order shall be deemed to have been properly served upon such owner or agent when a copy thereof has been served with such notice by any other method authorized
or required by the Laws of this State; (e) Contain an outline or remedial action which, if taken, will effect compliance with the provisions of This Ordinance. b. Penalties: Any person
who fails to comply with any or all of the requirements or provisions of This Ordinance or who fails or refuses to comply with any notice, order or direction of the Building Permit Officer
or any other authorized employee of the MuniciDalitv shall be suiltv of an offense and, U D O ~ to the Townshi MONTGOMERY TOWNSHIP SUBDIVISION AND LAND DEVELOPMENT ORDINANCE Page 50
I I I I 1 I I I I I 1 I
SECTION 1114. APPEALS a. b. C. Any person aggrieved by a decision of the Building Permit Officer involving the administration of the provisions of This Ordinance may appeal to the Board
of Supervisors. Such appeal must be filed, in writing, within thirty (30) days after the decision or action of the Building Officer. Upon receipt of such appeal the Board of Supervisors
shall set a time and place, within not less than ten (10) days nor more than thirty (30) days, for the purpose of considering the appeal. Notice of the time and place at which the appeal
will be considered shall be given to all parties. Any person aggrieved by any decision of the Board of Supervisors may seek relief therefrom by appeal to court, as provided by the Laws
of the Commonwealth of Pennsylvania Floodplain Management Act. MONTGOMERY TOWNSHIP SUBDIVISION AND LAND DEVELOPMENT ORDINANCE Page 51
IDENTIFICATION OF FLOODPLAIN AREAS SECTION 1115. DESIGNATION OF FLOODPLAIN AREAS A map showing all areas considered to be subject to the one-hundred (100) year flood is available for
inspection at the Township Off ices. a. The Special Flood Hazard Area shall be that floodplain area for which no detailed flood profiles or elevations are provided. Such areas are shown
on the maps prepared by the Federal Emergency Management Agency. In determining the necessary elevations for the purposes of This Ordinance, other sources of data may be used such as:
(1) (2) U.S. Geological Survey -Floodprone Quadrangles. (3) U.S.D.A., Soil Conservation Service-County Soil Surveys Corps of Engineers -Floodplain Information Reports. (Alluvial Soils)
or P.L. 566 Flood Information. ( 4 ) Pennsylvania Department of Environmental Resources -Flood Control Investigations. (5) Known Highwater Marks from Past Floods, (6) Other sources.
SECTION 1116. CHANGES IN FLOODPLAIN AREA DELINEATIONS The areas considered to be floodplain may be revised or modified by the Board of Supervisors where studies or information provided
by a qualified agency or person documents the need or possibility for such revision. No modification or revision of any floodplain area identified on the Flood Insurance Map or Flood
Insurance Study shall be made without prior approval from the Federal Emergency Management Agency. SECTION 1117. DISPUTES Should a dispute arise concerning the identification of any
floodplain area, in initial determination shall be made by the Planning Commission and any party aggrieved by such decision may appeal to the Board of Supervisors. The burden of proof
shall be on the appellant. MONTGOMERY TOWNSHIP SUBDIVISION AND LAND DEVELOPMENT ORDINANCE Page 52
TECHNICAL PROVISIONS SECTION 1118. GENERAL a. No encroachment, alteration or improvement of any kind shall be made to any watercourse until all adjacent Municipalities which may be affected
by such action have been notified by the Municipality, and until all required permits or approvals have been first obtained from the Pennsylvania Department of Environmental Resources,
Bureau of Dams and Waterway Management. In addition, the Federal Emergency Management Agency and Pennsylvania Department of Community Affairs, Bureau of Community Planning, shall be
notified prior to any alteration or relocation of any watercourse. b. Any new construction, development, uses or activities allowed within any identified floodplain area, shall be undertaken
in strict compliance with the provisions contained in This Ordinance and any other applicable codes, Ordinances and regulations. _. SECTION 1119. SPECIAL FLOODWAY AND STREAM SETBACK
REOUIREMENTS a. Within any Floodway Area, the following provisions apply: (1) Any new construction, development, use, activity or encroachment that would cause any increase in flood
heights shall be prohibited. (2) No new construction or development shall be allowed, unless a permit is obtained from the Department of Environmental Resources, Bureau of Dams and Waterway
Management. b. Within any General Floodplain Area, the following provisions apply: (1) No new construction or development shall be located within the area measured fifty feet (50') landward
from the top-of-bank of any watercourse. MONTGOMERY TOWNSHIP SUBDIVISION AND LAND DEVELOPMENT ORDINANCE Page 53
SECTION 1120. ELEVATION AND FLOODPROOFING REQUIREMENTS a. Residential Structures: Within any General Floodplain Area, the lowest floor (including basement) of any new or substantially
improved residential structure shall be at least one and one-half (1-1/2) feet above the one-hundred (100) year flood elevation. b. Non-Residential Structures: Within any General Floodplain
Area, the lowest floor (including basement) of any neb or substantially improved non-residential structure shall be at least one and onehaal feet (1-1/2@) above the one-hundred (100)
year flood elevation, or be designed and constructed so that the space enclosed by such structure shall remain either completely or essentially dry during any flood up to that height.
(2) Any structure, or part thereof, which will not be completely or adequately elevated, shall be designed and constructed to be completely or essentially dry in accordance with the
standards contained in the publication entitled ttFloodproofing Regulationstt ( U . S . Army Corps of Engineers, June 1972), or some other equivalent standard, for that type of construction.
SECTION 1121. DESIGN AND CONSTRUCTION STANDARDS The following standards shall apply for all construction and development proposed within any identified floodplain area: a. Fill: If fill
is used, it shall: (1) Extend laterally at least fifteen feet (15l) beyond the building line from a l l points, (2) Consist of soil or small rock materials only. Sanitary Landfills shall
not be permitted; (3) Be compacted to provide the necessary permeability and resistance to erosion, scouring, or settling; (4) Be no steeper than one (1) vertical or two (2) horizontal,
unless substantiated data, justifying steeper slopes are submitted to, and approved by the Building Permit Officer; MONTGOMERY TOWNSHIP SUBDIVISION AND LAND DEVELOPMENT ORDINANCE Page
54
b. C. d. e. f. (5) Be used to the extent to which it does not adversely affect adjacent properties. Drainaae: Storm drainage facilities shall be designed to convey the flow of stormwater
runoff in a safe and efficient manner. The system shall insure proper drainage along streets, and provide positive drainage away from buildings. The system shall also be designed to
prevent the discharge of excess runoff onto adjacent properties. Water and SuDplY Sewer Facilities h d Systems: (1) All new or replacement water and sanitary sewer facilities and systems
shall be located, designed and constructed to minimize or eliminate flood damages and the infiltration of flood waters. (2) Sanitary sewer facilities and systems shall be designed to
prevent the discharge of untreated sewage into flood waters. (3) No part of any on-site sewage system shall be located within any identified floodplain area except in strict compliance
with all State and Local Regulations for such systems. If any such system is permitted, it shall be located so as to avoid impairment to it, or contamination from it, during a flood.
Other Utilities: All other utilities such as gas lines, electrical and telephone systems shall be located, elevated (where possible) and constructed to minimize the chance of impairment
during a flood. Streets: The finished elevation of a l l new streets shall be no more than one foot (1') below the Regulatory Flood Elevation. c Storaqe : All materials that are buoyant,
flammable, explosive or, in times of flooding, could be injurious to human, animal, or plant life, and not listed in Section 4 . 0 4 , Development Which May Endanger Human Life, shall
be stored at or above the Regulatory Flood Elevation and/or floodproofed to the maximum extent possible. MONTGOMERY TOWNSHIP SUBDIVISION AND LAND DEVELOPMENT ORDINANCE Page 55
Placement of Buildincrs and Structures: (2) Separate electrical circuits shall serve lower levels and shall be dropped from above. All buildings and structures shall be designed, located
and constructed so as to offer the minimum obstruction to the flow of water and shall be designed to have a minimum effect upon the flow and height of flood water. h. Anchorinq: (1)
Wood flooring used at or below the Regulatory Flood Elevation shall be installed to accommodate a lateral expansion of the flooring, perpendicular to the flooring grain without causing
structural damage to the building. (2) Plywood used at or below the Regulatory Flood Elevation shall be of a f1Marinego9r ltWater-Resistantfvta riety. ( 3 ) Walls and ceilings at or
below the Regulatory Flood Elevation shall be designed and constructed of materials that are water-resistant and will withstand inundation. (4) Windows, doors and other components at
or below the Regulatory Flood Elevation shall be made of metal or other water-resistant materials. j. Paints and Adhesives: (1) Paints or other finishes used at or below the Regulatory
Flood Elevation shall be of a ttMarinetl or "Water-Resistant" quality. (2) Adhesives used at or below the Regulatory Flood Elevation shall be of a lfMarinefotr ttWater-Resistanttqtu
ality. ( 3 ) All wooden components (doors, trim, cabinets, etc.) used at or below the regulatory flood elevation shall be finished with a BvMarinefolr ltWater-Resistantfpfa int or other
finishing material. k. Electrical Components: (1) Electrical distribution panels shall be at least three feet ( 3 ' ) above the one-hundred (100) year flood elevation. MONTGOMERY TOWNSHIP
SUBDIVISION AND LAND DEVELOPMENT ORDINANCE Page 56 1 I 1 I I' I I I I i 1 I I I 1 1 I I I
I I I 1 I I I I I I I 1 I I 1 I 1 I 1 1. Eauipment : (1) Water heaters, furnaces, air conditioning and ventilating units, and other electrical, mechanical or utility equipment or apparatus
shall not be located below the Regulatory Flood Elevation. m. Fuel SupDly Svstem: (1) All gas and oil supply systems shall be designed to prevent the infiltration of flood waters into
the system and discharges from the system into flood waters. Additional provisions shall Ke made for the drainage of these systems in the event that flood water infiltration occurs.
SECTION 1122. DEVELOPMENT WHICH MAY ENDANGER HUMAN LIFE a. In accordance with the Pennsylvania Floodplain Management Act, and the Regulations adopted by the Department of Community Affairs
as required by the Act, any new or substantially improved structure which: * Will be used for the production or storase of any of the following dangerous materials or substances; or,
* Will be used for any activity requiring the maintenance of a supply of more than 550 gallons, gallons, or other comparable volume, of any of the following dangerous materials or substances
on the premises; or * Will involve the production, storage, or use of any amount of radioactive substances; Shall be subject to the provisions of this Section, in addition to all other
applicable provisions. The following list of materials and substances are considered dangerous to human life: 1. Acetone 2. Ammonia 3 . Benzene 4. Calcium Carbide 5 . Carbon Disulfide
6 . Celluloid 7. Chlorine 8 . Hydrochloric Acid MONTGOMERY TOWNSHIP SUBDIVISION AND LAND DEVELOPMENT ORDINANCE Page 57
9. 10. 11. 12. 13. 14. 15. 16. 17. 18. b. Hydrocyanic Acid Magnesium Nitric Acid and Oxides of Nitrogen Petroleum Products (gasoline, fuel oil, etc.) Phosphorus Potassium Sodium Sulphur
and Sulphur Products -. Pesticides (including insectikides, fungicides and rodenticides) Radioactive Substances, Insofar as Such Substances are not otherwise regulated Within any Floodway
Area, any structure of the kind described in Subsection A., above shall be prohibited. SECTION 1123. SPECIAL REOUIREMENTS FOR MOBILE HOMES a. Within any Floodway Area, mobilehomes shall
be prohibited. b. Within any General Floodplain Area, mobilehome shall be prohibited within the area measured fifty feet (50') landward from top-of-bank of any watercourse. c. Where
permitted within any General Floodplain Area, all mobilehomes and any additions thereto shall be: (1) Anchored to resist flotation, collapse, or lateral movement by providing over-the-top
and frame ties to ground anchors in accordance with the American National Standards as specified in the Standard for the Installation of Mobilehomes Including Mobilehome Park Requirements
(NFPA No. 501A-1974 (ANSI.Al19.3-19751) as amended. for Mobilehomes in Hurricane Zones or other appropriate standards such as the following: (a) Over-the-top ties shall be provided at
each of the four (4) corners of the mobilehome, with two (2) additional ties per side at intermediate locations for units fifty feet (50') or more in length, and one (1) addition tie
per side for units less than fifty feet (50') in length. MONTGOMERY TOWNSHIP SUBDIVISION AND LAND DEVELOPMENT ORDINANCE Page 58 I I 1 I I 1 I B I I I I I 1 1 I 1 I 1 I
!I I I I I I I I I I I (b) Frame ties shall be provided at each corner of the mobilehome, with five (5) additional ties per side at intermediate locations for units fifty feet (50')
or more in length, and four additional ties per side for units less than fifty feet (50t) in length. (c) All components of the anchoring system shall be capable of carrying a force of
four thousand eight hundred pounds (4,800 lbs.). Elevated in accordance with the following requirements: The stands or lots shal:l' be elevated on compacted fill, or on pilings so that
the lowest floor of the mobilehome will be one-half feet (l-l/Z@) or more above the elevation of the one hundred (100) year flood. Adequate surface drainage is provided. Adequate access
for a hauler is provided. Where pilings are used for elevation, the lots shall be large enough to permit steps; piling foundations shall be placed in stable soil no more than ten feet
(lot) apart; reinforcement shall be provided for pilings that will extend for s i x feet ( 6 ' ) or more above ground level. MONTGOMERY TOWNSHIP SUBDIVISION AND LAND DEVELOPMENT ORDINANCE
Page 59 \
I I I 1 I 1 I I I I I I I I I I 4 8 .I ACTIVITIES REOUIRING SPECIAL PERMITS SECTION 1124. GENERAL In accordance with the administrative regulations promulgated by the Department of Community
Affairs to implement the Pennsylvania Floodplain Management Act, the following activities shall be prohibited within any identified floodplain area: a. The commencement of any of the
following activities; or the construction, enlargement, or expansion of any structure used, or intended to be used, for any ofthe following activities: (1) Hospitals (2) Nursing Homes
( 3 ) Jails or Prisons b. The commencement of, or any construction of, a new mobilehome park or mobilehome subdivision, or substantial improvement to an existing mobilehome park or mobilehome
subdivision. MONTGOMERY TOWNSHIP SUBDIVISION AND LAND DEVELOPMENT ORDINANCE Page 60
1 I 1 I 4 1 1 I 1 I 1 I 1 I I 1 I 1 E EXISTING STRUCTURES IN IDENTIFIED FLOODPLAIN AREAS SECTION 1125. GENERAL Structures existing in any identified floodplain area prior to the enactment
of This Ordinance may continue subject to the following provisions: a. No expansion or enlargement of an existing structure shall be allowed within any identified floodway that would
cause any increase in flood heights. Any modification, alteration, reconstruction or improvement of any kind to an existing structure, to an extent or amount of fifty percent (50%) or
more of its market value shall constitute a substantial improvement and shall be undertaken only in full compliance with the provisions of This Ordinance. _.. . b. MONTGOMERY TOWNSHIP
SUBDIVISION AND LAND DEVELOPMENT ORDINANCE Page 61
I I 1 1 I I I I I 1 I I I 1 1 I 1 1 1 VARIANCES SECTION 1126. GENERAL If compliance with any of the requirements of This Ordinance would result in an exceptional hardship for a prospective
builder, developer or landowner, the Township may, upon request, grant relief from the strict application of the requirements. SECTION 1127. VARIANCE PROCEDURES AND REQUIREMENTS Requests
for variances shall be consi’dered by the Township in accordance with the following: a. b. C. d. e. f. No variance shall be granted for any construction, development, use or activity
within any floodway area that would cause any increase in the one-hundred (100) year flood elevation. Except for a possible modification of the one and one-half foot (l-l/Z*) freeboard
requirements, no variance shall be granted for any of the other requirements pertaining specifically to development regulated by Development Which May Endanger Life (Section 4 . 0 4
) . If granted, a variance shall involve the least modification necessary to provide relief. In granting any variance, the Township shall attach whatever reasonable conditions and safeguards
it considers necessary in order to protect the public health, safety and welfare, and to achieve the objectives of This Ordinance. Whenever a variance is granted, the Township shall
notify the applicant in writing that: (1) The granting of the variance may result in increased premium-rates for flood insurance. (2) Such variances may increase the risk to life and
property. In reviewing any request for a variance the Township shall consider, but not be limited to the following: (1) That there is good and sufficient cause. (2) That failure to grant
the variance would result in exceptional hardship to the applicant. MONTGOMERY TOWNSHIP SUBDIVISION AND LAND DEVELOPMENT ORDINANCE Page 62
( 3 ) That granting of the variance will (i) Neither result in an unacceptable or prohibited increase in flood heights, additional threats to public safety, or extraordinary public expenses;
(ii) Nor create nuisances, cause fraud on, or victimize the public, or conflict with any other applicable State Statue or Regulations, or Local Ordinance or Regulation. g. A complete
record of all variance requests and related actions shall be maintained by the Township. In addition, a report of all variances granted during the year shall be included in the Annual
Report to the Federal Emergency Management Agency. Notwithstanding any of the above, however, all structures shall be designed and constructed so as to have the capability of resisting
the one-hundred (100) year flood. _I MONTGOMERY TOWNSHIP SUBDIVISION AND LAND DEVELOPMENT ORDINANCE Page 63
DEFINITIONS SECTION 1128. GENERAL Unless specifically defined below, words and phrases used in This Ordinance shall be interpreted so as to give This Ordinance its most reasonable application.
SECTION 1129. SPECIFIC DEFINITIONS a. b. C. d. e. f. g* h. i. ACCESSORY USE OR STRUCTURE: A us-e or structure on the same lot with, and of a nature cu’stomarily incidental and subordinate
to, the principal use or structure. BUILDING: A combination of materials to form a permanent structure having walls and a roof. Included shall be all mobilehomes and trailers to be used
for human habitation. COMPLETELY DRY SPACE: A space which will remain totally dry during flooding; the structure is designed and constructed to prevent the passage of water and water
vapor. CONSTRUCTION: The construction, reconstruction, renovation, repair, extension, expansion, alteration, or relocation of a building or structure, including the placement of mobilehomes.
DEVELOPMENT: Any man-made change to improved or unimproved real estate, including including but not limited to buildings or other structures, the placement of mobilehomes, streets, and
other paving, utilities, filling, grading, excavation, mining, dredging or drilling operations and the subdivision of land. ESSENTIALLY DRY SPACE: A space which will remain dry during
flooding, except for the passage of some water vapor or minor seepage; the structure is substantially impermeable to the passage of water. FLOOD: A tehporary inundation of normally dry
.land areas. FLOODPLAIN: A relatively flat or low land area which is or nearby stream, river or watercourses; and/or any area subject to the unusual and rapid accumulation of surface
waters from any source. FLOODPROOFING: Means any combination of structural and nonstrucctura additions, changes or adjustments to structures which reduce or diminish flood damage to
real estate or improved real property, water and sanitary facilities, and structures. MONTGOMERY TOWNSHIP SUBDIVISION AND LAND DEVELOPMENT ORDINANCE Page 64
j. k. 1. m. n. 0. IDENTIFIED FLOODPLAIN AREA: The floodplain area specifically identified in This Ordinance as being inundated by the onehunndre (100) year flood. LAND DEVELOPMENT: (i)
The improvement of one lot, or two or more contiguous lots, tracts or parcels of land for any purpose involving (a) A group of two or more buildings, of (b) The division or allocation
of land or space 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; (ii) A subdivision of land. MINOR REPAIR : The replacement of existing work with equivalent materials for the purposes of its routine maintenance and upkeep, but no including
the cutting away of any wall, partition or portion thereof, the removal of cutting of any structural beam or bearing support, or the removal of change of any required means of egress,
or rearrangement of parts of a structure affecting
the exitway requirements; nor shall minor repairs include addition to, alteration of, replacement or relocation of any standpipe, water supply, sewer, drainage, drain leader, gas, soil,
waste, vent or similar piping, electric wiring or mechanical or other work affecting public health or general safety. MOBILEHOME: Means a transportable, single family dwelling intended
for permanent occupancy, office or place or assembly, contained in one or more section, built on a permanent chassis, which arrives at a site complete and ready for occupancy except
for minor and incidental unpacking and assembly operations, and constructed so that it may be used with or without a permanent foundation. The term does not include recreational vehicles
or travel trailers. MOBILEHOME PARK: A parcel of land under single ownership which has been planned and improved for the placement of two or more mobilehomes for non-transient use. OBSTRUCTION:
Any wall, dam, wharf, embankment, levee, dike, pile abutment, projection, excavation, channel, rectification, culvert, building, fence, stockpile, refuse, fill, structure or matter in,
along, across or projecting into any channel, watercourse, or floodprone area, (i) Which may impede, retard or change the direction of the flow of water either in itself or by catching
or collecting debris carried by such water, or (ii) Which is placed where the flow of the water might carry the same downstream to the damage of life and property. MONTGOMERY TOWNSHIP
SUBDIVISION AND LAND DEVELOPMENT ORDINANCE Page 65
r. S. t. ONE-HUNDRED (100) FLOOD: A flood that, on the average, is likely to occur once every one-hundred (100) years (i.e. that has one percent (1%) chance of occurring each year, although
the flood may occur in any year). PERSON: An individual, partnership, public or private association or corporation, firm, trust, estate, Municipality, governmental unit, public utility
or any other legal entity whatsoever which is recognized by law as the subject of rights and duties. REGULATORY FLOOD ELEVATION: The one-hundred (100) year flood elevation plus a freeboard
safety.'factor of one and one-half feet (1-1/2'). STRUCTURE: Anything constructed or erected on the ground or attached to the ground including, but not limited to buildings, sheds, mobilehomes,
and other similar items. SUBDIVISION: The division or redivision of a lot, tract or parcel of land by means into two or more, lots, tracts, parcels, or other division of land, including
changes in existing lot lines for the purpose, whether immediate or future, of of lease, transfer of ownership, or building, or lot development, provided however, that the division of
land for agricultural purposes into parcels of more than ten (10) acres, not involving any new street or easement of access, shall be exempted. MONTGOMERY TOWNSHIP SUBDIVISION AND LAND
DEVELOPMENT ORDINANCE Page 66
ENACTMENT This Ordinance shall become effective on 19-, and shall remain in force until modified, amended or rescinded by the Township of Montgomery, Franklin County, Pennsylvania. Adopted
by Township of Montgomery Board of Supervisors this BOARD OF SUPERVISORS OF MONTGOMERY TOWNSHIP ATTEST: SECRETARY MONTGOMERY TOWNSHIP SUBDIVISION AND LAND DEVELOPMENT ORDINANCE Page
67
8 1 1 I 1 1 I 1 1 I I 1 I 1 I I 1 I 1 ARTICLE XI1 DESIGN STANDARDS SECTION 1200. APPLICATION The standards of design in This Article shall be used to judge the adequacy of development
proposals. Where, in the opinion of the Township, the literal application of these standards in certain cases would work undue hardship or would be plainly unreasonable, the Planning
Commission may recommend such reasonable exceptions as will not be contrary to the public inte'rest. SECTION 1201. GENERAL STANDARDS a. Land: No land shall be subdivided or developed
for any purposes unless all hazards to life, health, or property from flood, fire and disease, shall have been eliminated or unless the plans for the project shall have been eliminated
or unless the plans for the project shall provide adequate safeguards against such hazards. b. Development: Proposed projects shall be coordinated with existing nearby neighborhoods
so that the community as a I whole may develop harmoniously. SECTION 1202. BLOCKS AND LOTS a. b. C. d. Block Lenqth: Residential and commercial blocks shall be not less than five-hundred
feet ( 5 O 0 ' O t t ) long nor more than sixteen-hundred feet ( 1 , 6 O O t O t t ) long. Block Width: Blocks shall be wide enough for two (2) tiers of lots. Throush Lots: Double frontage
lots are to be avoided and generally will not be permitted unless the lots are a minimum of two-hundred feet (200 0") deep. Gradinq: Blocks and lots shall be graded to sufficient elevation
to secure drainage away from buildings and to prevent the collection of stormwater in pools. Drainage shall be provided for according to recommendations of the.Engineer or such other
official as may be designated by the Board of Supervisors. Topsoil shall be preserved and redistributed as ground cover, consistent with the Erosion and Sedimentation Control Requirements
of the County Conservation District. MONTGOMERY TOWNSHIP SUBDIVISION AND LAND DEVELOPMENT ORDINANCE Page 68
e. Lot Size: The minimum lot size, lot width, and building setback line shall be as follows unless otherwise specified. (1) In any portion of the Township where neither public water
nor sanitary sewer facilities are provided, each lot shall have a minimum lot area per single family dwelling of forty thousand square feet (40,000 sq. ft.), excluding the right-of-way
width required herein, and a minimum lot width of one-hundred, fifty feet ( 1 5 0 V O t V ) at the building line. Building setback lines shall be at least thirtyfiiv feet (35IOV1) from
the street right-of-way. (2) Where either water supply or' sanitary sewage disposal will be provided by an approved central of public system, the lot area for each single family dwelling
must be at least twenty thousand square feet (20,000 sq. ft.) exclusive of the right-of-way with a minimum lot width of one-hundred feet (100 I O f t ) measured at the building setback
line. Building setback lines shall be at least thirty-five feet ( 3 5 ' O V 1 ) from the street right-of-way. ( 3 ) Where both water supply and sanitary sewers are to be provided by
an approved central or public system the lot area for each single family dwelling must be at least twenty thousand square feet (20,000 sq. ft.) exclusive of the right-of-way with a minimum
lot width of one-hundred feet ( l O O I O I V ) measured at the building setback line. Building setback lines shall be at least thirty-five feet (351011) from the street right-of-way.
(4) For single family semi-detached dwellings and two family detached dwelling, the minimum lot size shall be two hundred percent (200%) of the minimum lot size for single dwelling units
as set forth in the appropriate Subparagraphs above. (5) No apartments, townhouses or rowhouses shall be permitted except where there is both public water. and public sewer systems'or
approved private central water and sewer systems. The minimum lot area for each such dwelling unit shall be ten thousand square feet (10,000 sq. ft.) exclusive of the right-of-way. For
interior units of townhouse groups or rowhouses, the minimum lot width measured at the building setback line shall be. twentyfoou feet ( 2 4 ' O l V ) . For the end units of townhouse
groups and rowhouses, the minimum lot width shall be fifty feet (50' 0'') measured at the building setback line. Building setback line shall be at least thirty-five feet (35V0tV) from
the street right-of-way. Up to sixty percent (60%) of the lot area of each unit may be combined with land MONTGOMERY TOWNSHIP SUBDIVISION AND LAND DEVELOPMENT ORDINANCE Page 69
from other units as a usable open space. Provided the apartment, townhouse and/or rowhouse development remains under single ownership and control, the total required lot size arranged
in a manner to permit flexibility in the site design and layout of recreation area, usable common open space and parking. Such flexibility shall be granted only upon recommendation of
the Planning Commission and specific approval by the Board of Supervisors. No townhouse or rowhouse shall contain more than six (6) dwelling units. (6) Lot sizes for commercial and industrial
purposes shall be determined on the basis of .. absorption area, parking requirements, and yard setback standards. In no event shall a commercial or industrial lot be less than twenty
thousand square feet (20,000 sq. ft.) excluding the right-of-way as defined in Item ( 3 ) of this Section. E. Off-street Parkinq: (1) For each proposed residential lot or dwelling unit
in a project there shall be at least two (2) off-street parking spaces provided. (2) Where commercial uses are proposed, provisions shall be made for three square feet (3 sq. ft.) of
paved parking area for every one square foot (1 sq. ft.) of net retail commercial floor space. (3) Where industrial uses are proposed, provisions shall be made for a minimum of two (2)
parking spaces for every three (3) employees (on any one shift) to be normally employed. g. Exceptions: In accordance with Section 501(b), The general principles of design and the minimum
requirements for the laying out of subdivisions and land developments stipulated in This Ordinance may be varied by the Board of Supervisors upon recommendation of the subdivider or
developer and the Planning Commission in the case of a project large enough to constitute a more or less self-contained neighborhood, industrial park or commercial center. Such a project
shall be developed in accordance with a comprehensive plan safeguard by appropriate restrictions, which in the judgment of the Board has made adequate provisions for all essential requirements.
Provided, however, that no modification shall be granted by the Board which would conflict with features of any adopted long-range plan of the Township or with the intent and purpose
of the general principles of design and minimum requirements of This Ordinance. MONTGOMERY TOWNSHIP SUBDIVISION AND LAND DEVELOPMENT ORDINANCE Page 70
h. Percolation Tests: Upon recommendation of the Planning Commission and approval by the Board of Supervisors, percolation tests may be required by the Township on each proposed lot.
A Liquid Wastes Disposal permit shall be required for any installation in the Township regardless of the size of the tract of land or the nature of the system. i. jkk 1. Lot Lines: Lot
lines shall be approximately at right angles or radial to street lines so long as reasonably shaped lots result. House Numbers: House numbers may-be assigned to each lot by the Township.
Side and Rear Yards: Side yards shall be at least fifteen feet (15IO1*) wide. Rear yards shall be at least twenty-five feet (25IO") wide. .. Each lot shall front on a street for at least
one-hundred feet ( l O O f O 1 f ) except townhouse lots which shall front at least twenty-four feet ( 2 4 I O f 1 ) . SECTION 1203. STREETS. ALLEYS AND SIDEWALKS a. Street Pattern:
The proposed street pattern shall be integrated with existing and/or officially planned streets and it shall be related to topography to produce usable lots and reasonable street grades.
b. Desian and Purpose: Streets shall be designed according to their function and laid out to preserve the integrity of their design in accordance with the following functional classification:
Local Street or Road: A street providing access to farms and residences. Standards assume light traffic flow with the possibility of upgrading the classification sometime in the future.
Collector Street or Road: A street which connects local streets or roads to arterial roads or to population centers. Standards assume medium traffic flow with the possibility of upgrading
the classification sometime in the future. Arterial Road: A road which connects collector streets or roads to major highways or to towns and cities. Standards assume heavy traffic flow
at high speeds. MONTGOMERY TOWNSHIP SUBDIVISION AND LAND DEVELOPMENT ORDINANCE Page 71
(4) Major Hishwav: A road which connects regional population centers and is used only incidentally for local use. (5) Alley and Service Drive: A minor vehicle way which provides a secondary
means of access to the back or side of properties otherwise abutting a street. Standard means assumes infrequent use by heavy vehicles at low speed. c. Street Widths: Streets shall be
laid out according to the following minimum schedule; however, additional street width may be required as determined by the Township. RIGHT-OF-WAY MINIMUM PAVEMENT CLASS OF STREET WIDTH
WIDTH Local Street 50 Feet 24 Feet Collector Street 60 Feet 28 Feet Major or Arterial Road PennDOT Standards PennDOT Standards Alley and Service Drive 20 Feet 16 Feet d. Street Gradins
and Pavement: All rough grading and paving must be constructed under the supervision of the Township Supervisors or their representative, and all rough grading must lay one (1) year
before being paved. The costs of the inspection of the Township Supervisors must be paid for by by the subdivider. A sample of the paving o i l from each truck load of oil must be furnished
to the Township. The roadway shall be improved in accordance with the following Township Specifications. (1) The minimum requirements for rough grading shall include: (a) The roadway
shall be brought up to grade level with slate such that the slate shall have a thickness of eight inches ( 8 " ) after being rolled and compacted. (b) There shall be an eight foot (810f1)
shoulder having the required base on both sides of the paved area. MONTGOMERY TOWNSHIP SUBDIVISION AND LAND DEVELOPMENT ORDINANCE Page 72
e. f. 4. (2) The minimum requirements for paving shall include: (a) For asphalt: i A base coat of three inches (3") of three inch (3Il) limestone rolled; ii .8 gallon H3 tar per square
yard; iii 50 pounds of one-half inch (1/21v) IB chips (limestone) per square yard, rolled and broomed; -.. . iv .5 gallon F2 or H3 oil per square yard; v 20 pounds of one-half inch (1/2")
IB chips (limestone) per square yard, rolled, dragged and broomed; vi .5 gallon F2 of F1 oil per square yard; vii 10 pounds one-fourth inch (1/4") Birdseye chips (limestone) per square
yard, rolled, dragged and broomed; viii Optional seal coat of .2 gallon per square yard, F1 or HX Emulsion Seal Coat of .2 gallon per square yard, added in any of the preceding three
( 3 ) applications of oil. (b) For amesite: i A three inch (3") layer of amesite meeting Specifications of the Pennsylvania Department of Transportation for the construction of Township
Roads. Continuations: Where reasonable and practicable, new streets shall be laid out to continue existing streets at no reduction in width. Greater widths may be required. Street Names:
Continuations of existing streets shall be known by the same name; but names for other streets shall not duplicate or closely resemble names for existing streets in the Township. Access:
Streets shall be laid out to make provision for access to all lots and to adjacent undeveloped areas, and the subdivider or developer shall improve these access streets to the limits
of the subdivision or land development. MONTGOMERY TOWNSHIP SUBDIVISION AND LAND DEVELOPMENT ORDINANCE Page 73
1 I 1 I I 1 1 I B I I 1 I 1 I I I ' 1 I h. i. j. k. 1. m. n. 0. Reserve Strips: adjacent areas are prohibited. Reserve strips controlling access to a lot or Dead-End Streets: Dead-End
Streets are prohibited unless constructed as cul-de-sacs with a turn-around having a minimum of ninety feet (90v011) diameter right-of-way and a minimum radius of thirty-five feet (
3 5 I O t 8 ) of paving. Clear Sisht Distance: Clear sight distance along the centerlines of local streets shall be maintained at not less than one-hundred and fifty feet (150101v);
along collector streets at not less than two-hundred and fifty feet (250'0"); and along major and arterial streets at not less than fourhunndre and fifty feet (450'0"). Directional Chancres:
Changes in street direction shall be made by horizontal curves with a minimum radius of fivehunndre feet (5001011) for major and arterial streets, threehunndre feet (300t01g) for collector
streets, and two-hundred feet (200'01f) for local streets. These radii are to be measured at the centerline. Shorter radii may be permitted on recommendation of the Supervisors. Vertical
Curves; Changes in grade shall be joined by vertical curves; and the maximum rate of change of grade shall be five percent (5%) per hundred feet ( 1 0 O 1 O t t ) of road, provided that
the clear sight distances specified above are maintained at all points unless special permission is granted by the Supervisors. Crown: The slope of the crown on all streets shall be
more than one-eight inch (1/8") per foot and less than one-third inch (1/3") per foot as directed by the Supervisors. Side Slope: Streets cuts and fills shall be provided with side slopes
no steeper than one vertical to three horizontal. Such slopes shall be suitably planted with perennial grasses or other vegetation to prevent gulleying and erosion. Intersections: Street
intersections shall be designed according to the following Standards: (1) No more than two (2) streets shall cross at the some point. Street intersections shall be at right angles wherever
possible, and intersections of less than sixty degrees (60') (measured at the centerlines of the streets) will not be permitted). MONTGOMERY TOWNSHIP SUBDIVISION AND LAND DEVELOPMENT
ORDINANCE Page 74
(2) Intersecting streets shall not enter into the same side of collector, arterial or major streets at intervals of less than eight-hundred feet ( 8 0 0 8 0 1 1 ) . Local streets entering
another street from opposite sides should be directly opposite each other; or if necessary, they may be separated by at least one-hundred fifty feet ( 1 5 O 1 O 1 I ) between centerlines
measured along the centerline of the cross street. Greater off-set may be required by the Planning Commission depending on the importance of the cross street. 0 Maximum grade within
any intersection shall not exceed five percent (5%) in any direction, and approaches to any intersection shall follow a straight course with onehunndre feet (10080ff) of the intersection.
The right-of-way radii at intersections shall be forty feet ( 4 O 1 O 1 I ) . Except where buildings are permitted to front on property lines, a seventy-five foot (75lOV1) clear sight
triangle shall be provided, in which no building or structure, wall, fence, hedge, tree, shrub or other growth shall be placed except for utility poles, light standards, street signs
and fire hydrants. ate Road: A road leadins directly from a Township or State Road and not connected to said Township or State Road via another private road mav be maintained as a private
road only for up to three ( 3 ) dwellinss or lots. In the event more than three ( 3 ) dwellins sites or lots are proposed in a subdivision, which dwellinss or lots are to be serviced
bv one (1) road, the said road servicinq the Proposed sites or lots must be desisned, approved, dedicated and built bv the developer and ordained as a Township Road in accordance with
all Township Reaulations. In any event, the riaht-of-way for a private road servic’inq three ( 3 ) dwellins sites or lots or less, shall be at least fiftv ( 5 0 ) feet wide with, in
the case of a dead end condition, an alsproved turn-around on the end of said private road. MONTGOMERY TOWNSHIP SUBDIVISION AND LAND DEVELOPMENT ORDINANCE Page 75
(2) A road not leadins directly from a Township or State Road and connected to said Township or State Road via another private road or roads may be maintained as a private road onlv
for up to three (3) dwellinqs or lots, Drovided however, that the number of dwellinss or dwellins sites or lots already existins on the private road or roads to which this private road
is connected must be counted to arrive at the number of new dwellinss or dwellins sites or lots, if anv, that will be permitted. In the event more than three (31 dwellinas sites or lots
are proposed in a subdivision which dwellina sites or lots proposed plus the number of dwellinas, dwellins sites or lots alreadv in existence will exce’ed three (31 dwellins sites or
lots, road or roads to which it is connected must be at least fiftv (50) feet wide back to the Township or State Road with, in the case of dead end condition, an approved turn-around
on the end of said Drivate road and said private road or roads must be desisned, approved, dedicated and built by the developer and ordained as a Township Road in accordance with all
Township Reaulations. The subdivider or developer is responsible for obtainins all resuired riqhts-of-wav in addition to those reauirements set forth above. a. Fire Hvdrants: Fire hydrants
when provided shall be located so that the distance from the nearest corner of any building to a fire hydrant is not more than six-hundred feet (60010fifi) measured along the most direct
path accessible by fire fighting equipment. MONTGOMERY TOWNSHIP SUBDIVISION AND LAND DEVELOPMENT ORDINANCE Page 76
b. Easements: Where common utility lines are installed in or over undedicated land, a public easement granted in favor of the Township ten feet (101011o)n each side of the line shall
be required. Suitable easements may also be required along the course of streams for the future installation of sewers. Where feasible, telephone and electric lines shall be installed
below-ground: SECTION 1205. COMMON OPEN SPACE. In a Subdivision or Land Development of five (51 acres or more consistins of two (21 or more lots and an average aross residential density
of 2.5 dwellilia units per acre or more, eisht percent ( 8 % ) of the land shall be dedicated to Common Open Space. (b) For the purpose of Ownership, Maintenance and Preservation of
Common Open Space, the Developer shall establish a Homes . Association in accordance with Section 1006 of This Ordinance. (1) In the event that the orsanization established to own and
maintain a common open space or any successor orsanization, shall at any time after establishment of the Subdivision or Land Development fail to maintain the common open space in reasonable
order and condition in accordance with the development plan, the Township may serve written notice upon such oraanization or upon the residents and owners of the Homes Association settinq
forth the manner in which the orsanization has failed to maintain the common open space in reasonable condition, and said notice shall include a demand that such deficiencies of maintenance
be corrected within thirty (301 days thereof, and shall state the date and place of a hearinq thereon which shall be held within fourteen (14) days of the notice. At such hearins, the
Township may modify the terms of the oriqinal notice as to the deficiencies and may sive an extension of time within which they shall be corrected. If the deficiencies set forth in the
oriqinal notice or in the modifications thereof shall not be corrected within said thirty (30) days or any extension thereof, the Township, in order to preserve the taxable values of
the properties within the Subdivision or Land Development l and to prevent the common open space from becomins a public nuisance. may enter upon said common open space and maintain the
same for a period of one (11 year. Said entry and maintenance shall not constitute a takins of said common open space, nor vest in the public any rishts to use the same. MONTGOMERY TOWNSHIP
SUBDIVISION AND LAND DEVELOPMENT ORDINANCE Page 77 I 1 1 I I< I i I
I 1 I 1 I 1 I 1 I I I I I I D I I I I Before the expiration of said year, the Township, upon its initiative or upon the request of the orsanization heretofore responsible for the maintenance
of the common open space shall call a public hearins upon notice to such orqanization, or to the residents and owners of the Homes Association, to be held by the Township, at which hearins
such orqanization or the residents and owners of the Homes Association shall show cause why such maintenance by the Township shall not, at the option of the Township, continue for a
succeedins year. If the Township shall determine that such orqanization is ready and able to maintain said common open space in reasonable condition, the Township may ce-ase to maintain
said common oDen space at the end of said year. If the Township shall determine such orqanization is not ready and able to maintain said common open space in a reasonable condition,
the Township may, in its discretion, continue to maintain said common open space durins the next succeedins year and subject to a similar hearins and determination in each Year thereafter.
The decision of the Township in any such case shall constitute a final administrative decision subiect to judicial review. The cost of such maintenance by the Township shall be assessed
ratably aqainst the properties within the Subdivision or Land Development that have a riqht of enjovment of the common open space and shall become a lien on said properties. The Township,
a t the time of enterina upon said common open space for the purpose of maintenance, shall file a notice of line in the office of the prothonotary of the County, upon the properties
affected by the lien within the Subdivision or Land Development. SECTION 1206. HOMES ASSOCIATION A. When a developer or owner proposes to provide land or structures for the benefit of
only particular home owners of a project such as common open space, a Homes Association shall be established in accordance with the followinq provisions: MONTGOMERY TOWNSHIP SUBDIVISION
AND LAND DEVELOPMENT ORDINANCE Page 78
(II. (3) (4) The Homes Association shall be established as an incorporated orsanization operatins under recorded land aqreements throuqh which each lot owner (and any succeedinq owner)
is automatically a member, and each lot is automatically subject to a charse for a proportionate share of the expenses for the orqanization's activities. Additionally, specific provisions
shall be established which define completely all membership reauirements of all non-lot owners in the event rental units are included in the project. The Homes Association's D.eclaration
of Covenants, Conditions, and Restrictions mall as a minimum establish the followins: -a. Property Riqhts includina the owner's easements of enjoyment and delesation of use. -b. Membership
and Votins Riqhts includins anydistiinctio between membership classes. -c. Covenant for Maintenance Assessments includina the creation of the lien and personal oblisation of assessments,
purpose of assessments, the maximum annual assessments, special assessments for capital improvements, uniform rate of assessment, due dates, effect of non-payment of assessments, and
subordination of the lien to mortaaqes. -d. Architectural and Exterior Maintenance Control. -e. General Provisions includinq enforcement, amendments, and Property annexation procedures.
The developer or owner shall assume all responsibilities for the Homes Association until seventv-five percent (75%) of the dwellins sites are sold or until such time as the Homeowner's
formally assume such responsibility. Once the Homes Association is established, the developer or owner shall be responsible for pavment of dues to the Home Association for lots which
he owns. Staqed Developments: If the developer or owner proposes to construct the project over a period of separate stases, the Homes Association shall also be stased consistent with
the development time schedule. MONTGOMERY TOWNSHIP SUBDIVISION AND LAND DEVELOPMENT ORDINANCE Page 79 D i 1 i I I I I I B I I I I 1
I I I 1 I I I I I I I I I I I I I I I (5) Approval: The Township Supervisors shall retain the riqht to review and approve the articles of incorporation and all Declarations of Covenants,
Conditions, and Restrictions of the Home Association. (For the sake of consistency within the Township, it is recommended that the United States Department of Housinq and Urban Development,
Federal Housinq Administration's Suqqested Leqal Documents for Planned Unit Development, FHA Form 1400 and VA Form 26-8200 be consulted). .. MONTGOMERY TOWNSHIP SUBDIVISION AND LAND
DEVELOPMENT ORDINANCE Page 80
'I I I I I I I I I I I I I I I I ARTICLE XI11 IMPROVEMENT STANDARDS SECTION 1300. CONSTRUCTION OF IMPROVEMENTS The subdivider or developer shall grade and pave the streets and install
all other necessary improvements at no expense to the Township including where required, curbs, sidewalks, water mains, sanitary and storm sewers, street lights,
fire hydrants, street name signs, and other facilities and -utilities required by the Board, in strict accordance with the re'quirements of this Article and the standards and specifications
of the Township. Construction and inspection of all such facilities and utilities shall be subject to inspection by appropriate Township Officials during the progress of the work. The
subdivider or developer shall not begin work on structures in any part of the subdivision or land development until the streets in that part have been graded to within four inches (
4 " ) of the finished grade. MONTGOMERY TOWNSHIP SUBDIVISION AND LAND DEVELOPMENT ORDINANCE Page 81
SECTION 1302. MATERIALS AND CONSTRUCTION STANDARDS Materials and construction standards for streets, curbs and gutters, sidewalks and any other facilities or utilities required by the
Township shall conform to regulations and standards of the Township. SECTION 1303. STANDARDS FOR MONUMENTS AND MARKERS Generally all work shall conform to Standards put forth by the
American Congress of Surveying and Mapping and the following minimum standards. a. Monuments: Monuments shall be six inches (6") square or four inches (4") in diameter, thirty inches
(30tt) long and made of concrete, stone, or by setting a four inch (4") cast iron or. steel pipe filled with concrete. Monuments shall be set: (1) At the intersections of all right-of-way
lines; (2) At the' intersection of lines forming angles in the boundaries of the subdivision, mobilehome park, or land development; ( 3 ) At such intermediate points as may be required
by the Supervisors. MONTGOMERY TOWNSHIP SUBDIVISION AND LAND DEVELOPMENT ORDINANCE Page 82 I I' I' I I I I I I I I I I B I I I I I 1~
I I 1 I I I I I I I I I I I I I I I I b. Markers: Markers shall .be three-quarters of an inch (3/411) square or three-quarters of an inch (3/411) in diameter, fifteen inches (15") long.
Markers shall be made of iron pipes or iron or steel bars. Markers shall be set: (1) At all lot corners except those monumented; (2) Prior to the time the lot is offered for sale. SECTION
1304. STANDARDS FOR CURBS AND..G. UTTERS Construction of curbs and gutters within the Township shall conform to the following requirements: a. Installation: Whenever a proposed subdivision
or land development shall have an average of three ( 3 ) or more lots or dwelling units per gross acre included in the project, or where any project is immediately adjacent to or within
one thousand feet (1, O O 0 ~ O t 1 ) of an existing or recorded subdivision or land development located along the same side of a connecting street and having curbs, curbs shall be installed
on lot frontages of the street. In areas where curbing is not required, suitable gutters shall be installed to control erosion. b. Construction: -Curbs and gutters shall be constructed
according to the standards set forth. The type of curbs or gutters shall be determined by the Supervisors. SECTION 1305. STANDARDS FOR STREETS All street construction within the Township
shall meet all of the following requirements: a. Adequate surface and subsurface drainage shall be provided. b. All top soil'shall be removed from the area to be paved. c. The pavement
base and wearing surface shall be constructed according to the standards set forth herein. The type of base and pavement shall be determined by the Township Supervisors. MONTGOMERY TOWNSHIP
SUBDIVISION AND LAND DEVELOPMENT ORDINANCE Page 83
I '~ I~ I I I I I I I I 1 I 1 I I I I I SECTION 1306. STANDARDS FOR SIDEWALKS All construction of sidewalks within the Township shall conform to all of the following minimum requirements:
a. Installation: Wherever a proposed subdivision or land development shall have an average of six (6) or more lots or dwelling units per gross acre or is immediately adjacent to or within
one thousand feet (1,0001011) of any existing or recorded subdivision or land development located along the same side of a connecting street having sidewalks, sidewalks shall be installed
on all lot fron..t ages. (1) Sidewalks shall be located outside the street right-ofwwa line and shall extend in width from the right-of-way line toward the curb line. (2) Sidewalks must
be at least four feet (4'011) wide. In the vicinity of shopping centers, schools, recreation areas and other such facilities, sidewalks must be at least five feet (51011w)i de. b. Construction:
Sidewalks must be constructed of cement concrete. (1) Cement concrete sidewalks shall be built upon a base of crushed aggregate stone which shall be four inches ( 4 " ) thick after.
compaction with a mechanical tamper or vibratory compactor. Cement concrete sidewalks shall be at least four inches ( 4 " ) thick and shall be reinforced with six inch by six inch, 6/6,
welded wire fabric (6" x 6" 6/6 w.w.f.). Construction joints shall be located no more than five feet ( 5 1 0 1 1 ) apart and expansion joints shall be located no more than twenty-five
feet (25'O1!) apart. Cement concrete sidewalks shall be constructed to withstand pressure of three thousand pounds per square inch (3,000 P.s.~.). MONTGOMERY TOWNSHIP SUBDIVISION AND
LAND DEVELOPMENT ORDINANCE Page 84
SECTION 1307. STANDARDS FOR SEWER AND WATER SYSTEMS All construction within the Township shall meet all of the following minimum requirements: Where a public sanitary sewer system is
not accessible but is planned for extension to the subdivision or land development or to within one thousand feet ( l , O O O ' O l r ) of the subdivision or land development the subdivider
or developer shall install sewer line, including lateral connections, to provide adequate service to each lot when connection with the public shall be capped at the limits of the subdivision,
mobilehome park or land development and the lateral3 shall be capped at the street right-of-way line. When capped sewers are provided, on-site disposal facilities shall also be provided.
A sewer shall be considered to be planned for extension to a given area any time after engineering and related studies have been initiated preparatory to the construction of facilities
within one thousand feet (1,000'011) of the subdivision or land development. a. b. If If a public water supply system is available (within one thousand feet (1,000'011) of the proposed
subdivision or land development the subdivider or developer shall design and install a system which shall be connected to the public system and which shall serve every property. All
plans and installations shall be inspected and approved by the authority or company providing the service and/or the Township. SECTION 1308. STANDARDS FOR STORM DRAINAGE All storm drainage
construction within the Township shall conform to the minimum requirements as set forth below: Whenever the evidence available to indicates that natural surface drainage is inadequate,
the subdivider or developer shall install storm sewers, culverts, and related facilities, as necessary to: a. Permit the unimpeded flow or natural water coufses; b. Insure the drainage
of all low points along the line of streets; c. Intercept stormwater run-off along streets at intervals reasonably related to the extent and grade of the area drained; MONTGOMERY TOWNSHIP
SUBDIVISION AND LAND DEVELOPMENT ORDINANCE Page 85
d. Provide positive drainage away from on-site disposal facilities. Desisn: a. Storm drainage facilities must be designed not only to handle the anticipated peak discharge from the property
being subdivided, but also the anticipated increase in run-off that may occur when all the property at a higher elevation in the same drainage basin is fully developed. b. Storm drainage
faciliti&s shall be separate from all sanitary sewage facilities. _ . Existins Facilities: Where adequate existing storm sewers are readily accessible, the subdivider must connect his
stormwater facilities to these existing storm sewers. Abuttins Properties: In the design of storm drainage facilities, special consideration must be given to preventing excess run-off
onto adjacent developed or undeveloped properties. In no case may a change be made in the existing topography which would: a. Result in increasing any portion of the slope steeper than
one foot ( l 1 O v v ) of vertical measurement for three feet ( 3 v 0 v ' ) of horizontal measurement for fills, or one foot ( l ' O v v ) of vertical measurement for two feet ( 2 v
0 v v ) of horizontal measurement for cuts within a distance of twenty feet ( 2 0 v O v v ) from the property line unless an adequate retaining wall or other structure is provided. b.
Result in a slope which exceeds the normal angle of slippage of the material provided. Drainaqe To And On Streets: a. To Streets: In order to give proper surface water drainage to streets,
a structure on a lot. must be at a grade in satisfactory relationship. 1. With established street grade, or 2. With the proposed street grade where none is established. MONTGOMERY TOWNSHIP
SUBDIVISION AND LAND DEVELOPMENT ORDINANCE Page 86
b. On Street: A street must be designed so as to provide for the surface water from its right-of-way. The slope of the crown on a street shall not be less than oneeiigh of an inch (1/8")
per foot and not more than one-third of an inch (1/311) per foot. Adequate facilities must be provided at low points along the street and other points necessary to intercept runofff
(5) Construction: _. Drainage facilities shall be constructed according to the standards set forth herein. The type of drainage facilities shall be approved by the Township Supervisors.
SECTION 1309. STANDARDS FOR DRIVEWAY ACCESS The followinq Standards are quoted fromthe Pennsylvania Code Title 67 Transportation ChaDter 441 (7-9) and adopted herein. 441.7. -GENERAL
DRIVEWAY REOUIREMENTS: (a) General Rule -All driveways shall be located, desiqned, constructed, and maintained in such a manner as not to interfere or be inconsistent with the desiqn,
maintenance and drainaqe of the highway. (b) General Location Restrictions -Access driveways shall be permitted at locations in which: Siqht distance is adequate to safely allow each
permitted movement to be made into or out of the access driveway: (2) The free movement of normal hiqhway traffic is not impaired : (3) The driveway will not create a hazard: and (4)
The driveway will not create an area of undue traffic conqestiori on the hiqhway . (c) SDecific Location Restrictions -Specific location restrictions shall include the followinq: MONTGOMERY
TOWNSHIP SUBDIVISION AND LAND DEVELOPMENT ORDINANCE Page 87
0 (2) (3) (4) Access driveways shall not be located at interchanqes, ramp areas, or locations that would interfere with the placement and proper functionins of hiqhwav siqns , siqnals.
detectors, liqhtinq, or other devices that affect traffic control. The location of a driveway near a sianalized intersection may include a requirement that the permittee provide, in
cooperation with the municipality, new or relocated detectors, sisnal heads, controller, and the like for the control of traffic movements from the driveway. Access to a property which
abuts two or more intersectinq streets or hiqhwavs mav be restricted to only that roadway which can more safely accommodate its traffic. opposite side of the roadway if it is iudqed
that offset driveways will not permit left turns to be made safely or that access across the roadway from one access to the other will create a safety hazard. (d) Local Roads -An access
intended to serve more than three properties or to act as a connectina link between two or more roadways shall be, for the purpose of this Chapter, considered a local road and not a
driveway reqardless of its ownership. As such, its desiqn must be of local roads. All other Requirements of this Chapter shall be complied with before the local road will be allowed
access onto a Skate Township Hiqhway . (e) Number Of Driveways -The number and location of entrances which may be qranted will be based on usaqe, interior and exterior traffic patterns,
and current desiqn policy of the be permitted for a nonresidential propertv. If the property frontaqe exceeds 600 feet, the permit may authorize an additional driveway. Reqardless of
frontaqe, a development may be restricted to a sinqle entrance/exit driveway, served by an internal collector road separated from the traveled way. (f) Approaches To Driveways -Driveway
approaches shall conform to the followinq standards: MONTGOMERY TOWNSHIP SUBDIVISION AND LAND DEVELOPMENT ORDINANCE Page 88 I I 1 m I' 8 I 1
I ~I I I 1 I I I I 1 1 I I 1 I I I (1) The location and anqle of an access driveway approach in relation to the hiahwav intersection shall be such that a vehicle enterinq or leavinq
the driveway may do so in an orderly and safe manner and with a minimum of interference to hiqhwav traffic. (2) Where the access driveway approach and hiqhwav pavement meet, flarinq
of the approach may be necessary to allow safe, easy turninq of vehicle traffic. Where the hiqhway is cukbed, driveway approaches shall be installed 1 1/2 inches above the adjacent '
hiqhway or qutter qrade to maintain proper drainaqe. See Fiqure 5. 441.8. -DRIVEWAY DESIGN REOUIREMENTS: (a) General -General Requirements shall be as follows: 0 The ability of a driveway
to safely and efficiently function as an inteqral component of a hiqhway system reuuires that its desiqn and construction be based on the amount and type of traffic that it is expected
to serve and the type and character of roadway which it accesses. This Chapter separates dr ivewavs into four classifications, based on the amount of traffic they are expected to serve.
A description of each classification and typical examples of land uses normally associated with each follows: .(i) Minimum use driveway, see Fiqure 7. A driveway normally used by not
more than 25 vehicles per day, such as: (A) Sinqle family dwellings, duplex houses: or (B) Apartments with five units or less. (ii) Low volume driveway, see Fisure 8. A driveway normally
used by more than 25 vehicles per day but less than 750 vehicles per day, such as: Office buildinqs: (B) Elementary and iunior hish schools; or (c) Car washes. MONTGOMERY TOWNSHIP SUBDIVISION
AND LAND DEVELOPMENT ORDINANCE Page 89
(iii) Medium volume driveway, see Fiqures 9, 11, and 12. A driveway normally used by more than 750 vehicles but less than 1,500 vehicles per day, which does not normally require traffic
siqnalization, such as; (A) Motels; (B) Fast food restaurants; or (c) Service Stations and small shoppins centers or plazas, (iv) Hiqh volume driveway, see Fiqure 10. A driveway normallv
used by more than 1,500 vehicles per day, which often requires traffic siqnalization. such as: & Larqe shoppins centers; or (B) Multi-buildinqs apartment or office complexes. (2) The
desiqn features described in this Section and illustrated in the attendant fiqures are to be used by the applicant in desiqninq the driveway p lans which accompany the application. Dimensions
shall be selected from the range of values shown on the appropriate fiqure, unless site conditions warrant a deviation. The Department may require desiqn details which are more strinqent
than those specified in this Chapter to insure the safe and efficient operation of any D roposed driveway. (3) Fiqures 7, 8, and 9-show two sets of desian values. The applicant shall
desiqn his driveway usinq the values approDriate for the posted speed of the roadway beinq accessed. (b) Ancrle Of Access Driveway Approach -Anqle of access driveway approach shall include
the followins: (II Access driveway apDroaches used for two-way operation shall be positioned at riqht anqles. that is. 90 deqrees, to the hiqhway or as near thereto as site conditions
permit, except as authorized in Fiqure 11. MONTGOMERY TOWNSHIP SUBDIVISION AND LAND DEVELOPMENT ORDINANCE Page 90 1 I' H~
I 'I 1 I 1 1 I I 1 I I I I I 8 I I I 1 (2) When two access driveways are constructed on the same property frontaqe and used for one-way operation, each of these driveways may be placed
at an anale less than a riqht anqle, but not less than 45 deqrees to the hiqhway, except that alonq divided hiqhwavs where no oDeninss are allowed in the median the minimum anqle of
an exit driveway may be 30 deqrees, as shown in Fiqure 12. (c) Driveways Adjacent To Intersections -Driveways servinq properties located adjacent to hiqhwav intersections shall be subject
to the followins: (1) There shall be a minimum fen foot tanqent distance between the intersectinq hishwav radius and the radius of the first permitted driveway. a The distance from the
edqe of pavement of the intersectina hiqhwav to the radius of the first permitted driveway shall be a minimum of 20 feet on curbed hiahways and 30 feet on uncurbed hiqhwavs. a Paraqraphs
(1) and (21 of this Subsection may be waived only if the intersectinq hishway radius extends alons the property frontase to the extent that compliance is physically impossible. (dl Property
Line Clearance -Except for joint-use driveways, no portion of any access shall be located outside of the property frontase boundary line. (e) Multiple Driveways -Multiple driveways servinq
the same property must be separated by a minimum distance of 15 feet measured alonq the riqht-of-way line and 20 feet measured alonq the shoulder, ditch line, or curb. When the distance
between multiple driveways is 50 feet or less measured alonq the shoulder or ditch line, the area between shall be clearly defined by permanent curbinq. This curb shall be placed in
line with existins curb or two feet back o.f the shoulder or ditch line.'the area between shall be clearly defined by permanent curbinq. This curb shall be placed in line with existins
curb or two feet back of the shoulder or ditch line on uncurbed hishwavs. It shall be extended around the driveway radii to the risht-of-way line. MONTGOMERY TOWNSHIP SUBDIVISION AND
LAND DEVELOPMENT ORDINANCE Page 91
(f) Site Requirements -Site reauirements shall be as follows: 0 (2) (3) u All nonresidential buildinqs shall be located a sufficient distance from the risht-of-way to prevent storase
of vehicles on the access driveways and to prevent the back-up and turnins of vehicles on the hishwav pavement. The radii of internal curves shall be as larse as possible to allow a
direct movement from the hishwav into a proper position to obtain service or parkins without any interference to other vehicles attemptins the same maneuver. Applications for driveways
providins access to drive-inserrvic developments shall, when reauested, include information relative to the amount of storase provided between the service facility and the risht-of-way,
the number of service operations anticipated durinq p eak periods, and the hours and days of operation. The area between the risht-of-way line adjacent to and on both sides of a driveway
shall be used as a clear zone to provide physical barrier between the traveled way and activitv on private property. This area shall remain free of any obstructions which may interfere
with a clear line of vision for enterins or exitins vehicles. Curbins -Reauirements for curbins shall conform with the followinq: (1) The permit may require the installation of curbinq
wherever it is required to control access or drainase, or both. All curbins must be permanent curbins, as defined in Subsection 441.1 of this Title (relatins to definitions) . (2) Where
Dropertv abuttina the riaht-of-way line could be used as parkins area, the permit may require curbins, permanent quardrail. or fencins to be constructed alonq the risht-of-way line in
order to prohibit vehicle encroachment upon the sidewalk or shoulder area. (3) would otherwise utilize a portion of the propertv frontaqe other than the approved driveway to sain access
to the property, the permit may require curbins or other physical barriers to be constructed. MONTGOMERY TOWNSHIP SUBDIVISION AND LAND DEVELOPMENT ORDINANCE Page 92 I I 1 I
I I I I 1 I 1 1 I I 1 I 1 I I I 1 1 I (4) When curb exists adjacent to the proposed drivewav, the line and srade of the existinq curb shall be matched, unless otherwise authorized by
the permit. (h) Siaht Distance -Conditions for sisht distance shall be as follows: (1) Access driveways shall be located at a point within the property frontaqe limits which provides
at least the minimum sisht distance listed in the appropriate followins table: .. TABLE 1 SAFE DISTANCE FOR PASSENGER CARS AND SINGLE UNIT TRUCKS EXISTING FROM DRIVEWAYS ONTO TWO-LANE
ROADS POSTED SAFE SIGHT SAFE SIGHT JMPH) (FEET) (FEET) SPEED DISTANCE -LEFT' DISTANCE -RIGHT' -25 -25 -35 -45 -55 'Measured from a vehicle ten feet back of the Davement edqe. TABLE 2
SAFE SIGHT DISTANCE FOR BUSES AND COMBINATIONS EXISTING FROM DRIVEWAYS ONTO TWO-LANE ROADS POSTED SAFE SIGHT SAFE SIGHT (MPH) (FEET) (FEET) SPEED + DISTANCE -LEFT' DISTANCE -RIGHT' -25
-25 -35 -45 -55 -400 400 -675 1.225 2,050 350 1,225 2,050 -. 'Measured from a vehicle ten feet back of the pavement edqe. MONTGOMERY TOWNSHIP SUBDIVISION AND LAND DEVELOPMENT ORDINANCE
Page 93
TABLE 3 SAFE DISTANCE FOR PASSENGER CARS AND SINGLE UNIT TRUCKS EXISTING FROM DRIVEWAYS ONTO FOUR AND SIX-LANE ROADS POSTED SAFE SIGHT SAFE SIGHT (MPH) (FEET) (FEET) SPEED DISTANCE -LEFT'
DISTANCE -RIGHT^ -25 -25 -35 -45 -55 . 'Measured from a vehicle ten feet back of the pavement edse. *Measured from a vehicle ten feet back of the pavement edse ,o a vehicle approachins
in the median lane. TABLE 4 SAFE DISTANCE FOR BUSES AND COMBINATIONS EXISTING FROM DRIVEWAYS ONTO FOUR AND SIX-LANE ROADS POSTED SAFE SIGHT SAFE SIGHT (MPH) (FEET) (FEET) SPEED DISTANCE
-LEFT' DISTANCE -RIGHT^ -25 25 -35 -45 -55 --300 300 625 1,225 2,050 300 300 625 1,225 2,050 'Measured from a vehicle ten feet back of the Davement edse. 'Measured from a vehicle ten
feet back of the pavement edge to a vehicle approaching in the median lane. MONTGOMERY TOWNS1 IP SUBDIVISION AND LAND DEVELOPMENT ORDINANCE Page 94
I ' I TABLE 5 SAFE SIGHT DISTANCE FOR PASSENGER CARS AND SINGLE UNIT TRUCKS ENTERING DRIVEWAYS BY LEFT TURNS SAFE SIGHT DISTANCE IN FEET' POSTED SPEED (MPH) 2 -LANE 4-LANE .6-LANE -25
-190 -205 220 -35 300 320 -345 -45 -445 --470 500 -55 -610 -645 -680 'Measured from the point where a left-turnins vehicle stops to a vehicle in the outside lane. I 1 I 1 1 1 I I I I
1 8 1 I I TABLE 6 SAFE SIGHT DISTANCE FOR BUSES AND COMBINATIONS ENTERING DRIVEWAYS BY LEFT TURNS SAFE SIGHT DISTANCE IN FEET' STED SPEED (MPH) 2 -LANE 4-LANE P-LANE -25 -35 -45 -55
-330 -690 -905 485 'Measured from the point where a left-turnins vehicle stops to a vehicle in the outside lane. (2) In usins Tables 1 throucrh 6 the followina additional requirements
shall apply: a Tables 2, 4, and 6 shall be used in lieu of Tables 1, 3, and 5 only when combination traffic exceeds 5.0% of the total traffic usins the proposed driveway. (ii) Posted
sDeeds shall be used unless operatinq speeds vary from the posted speed by more than ten miles per hour, in which case the Department may reauire that operatinq speeds be used. MONTGOMERY
TOWNSHIP SUBDIVISION AND LAND DEVELOPMENT ORDINANCE Page 95
(iii) T The sisht distances in Tables 1 throuqh 4 apply only when hishwav srades are zero to 3.0%, either up or down. (A) 0 0 0 When the hiqhway qrade in the section to be used for acceleration,
after leavinq the driveway, ascends at 3.0 -5.0%, the siqht distance in the direction of approachins ascendins traffic may be increased by a factor of 1.4. When the hiqhwav srade ascends
at qreater than 5.0%. "siqht distance may be increased by a factor of 1.7. When the hishwav made in the section to be used for acceleration after leavinq the driveway descends at 3.0
-5.0%. sisht distance in the direction of approachins descendins hiqhway traffic may be reduced by a factor of 0.6. When the road descends at qreater than 5.0%, siaht distance may be
reduced by a factor of 0.5. The sisht distance values in Tables 1 throuqh 6 are desirable for safe operation of the driveway. Sisht distance values less than desirable will be accepted
only if it is impossible to achieve the desirable value by locatins the driveway at any point within the property frontaqe boundaries. The minimum acceptable siqht distance values shall
be computed from the followins formula: SSSD E 1.47 Vt f V2 SSSD E Minimum safe stopgins sisht distance (feet). -V -Velocity of vehicle (miles per hour) . -t ---Perception time of motorist
(averaqe = 2.5 seconds). -f --Wet friction of pavement (averaqe = 0.30). SI -Percent wade of roadway divided by 100. 30(f=q) --MONTGOMERY TOWNSHIP SUBDIVISION AND LAND DEVELOPMENT ORDINANCE
Page 96 I 1 8 I I 1 I 1 I I I I i 1 I n
I ‘1 I If siqht distance requirements as specified in this Chapter cannot be met, the Department may: 0 Prohibit left turns by exitinq vehicles: (ii) Restrict turninq movements to riqht
turns in and out of a driveway: (iii) Require installation of a risht turn acceleration lane or deceleration lane: Require installation of a separate left turn standby lane: (iv) ..
0 Alter the horizontal or vertical seometrv of the roadway: or (vi) Deny access to the hiqhway. li) Grade Of Access Driveway -Grade of access driveway shall be constructed in the followins
manner: 0 (2) l2.l (4) All driveways shall be constructed so as not to impair drainaqe within the risht-of-way, alter the stability of the improved area, or chanse the drainase of adjacent
areas. Where a drainaqe ditch or swale exists, the permittee shall install adequate pipe under the driveway in accordance with Form 408. Drainage pipe installed under driveways shall
be at least 15 inches in diameter. The side slopes for driveway embankments within the risht-of-way shall not be steeper than ten to one. See Fiqure 6. Grade requirements in uncurbed
shoulders within the riqht-of-way shall conform to Fiqure 1. MONTGOMERY TOWNSHIP SUBDIVISION AND LAND DEVELOPMENT ORDINANCE Page 97
FIGURE 1 I Begin driveway at * The shoulder slope usually varies from 1/2I1/feet (4%) to 3/4"/feet. However, the shoulder slope should be maintained when constructins the driveway. For
srade chanae sreater than those shown in Fisure 1, vertical curves at least 10 feet lons shall be constructed and lensth "Att shall be increased. Grades (GZ) shall be limited to 15%
for minimum use driveways and from five percent to eisht Dercent for low, medium or hish volume driveways within the riqht-of-way. MAXIMUM .GRADE CHANGE (D) DESIRABLE MAXIMUM Hish Volume
Driveway Medium Volume Driveway Low Volume Driveway I Fiqure 1 I MONTGOMERY TOWNSHIP 1 SUBDIVISION AND LAND DEVELOPMENT ORDINANCE -0% +3% +3% +6% +6% Controlled by Vehicle Clearance
Page 98 I I 1 1 i I I 1 I
(5) Grade reauirements where curbs and sidewalks are present. ALL The drivewav armroaches shall be installed 1 1/2 inches above the adjacent roadwav or the autter made to maintain proper
drainaae. See Fiqure 5. The difference between the cross slope of the roadway and the upward made of the driveway approach shall not exceed 8.0%. (ii) (iii) When a planted area exists
in front of the sidewalk, one of the followins three cases shall amlv: (A) When the qrass strip between the curb and the sidewalk is wide enouqh to maintain an 8.0% maximum driveway
approach qrade, construct the driveway as shown in Fiqure -2. FIGURE 2 FIGURE 2 NOTE: The L distance should be adeauate to accommodate turnins vehicles. MONTGOMERY TOWNSHIP SUBDIVISION
AND LAND DEVELOPMENT ORDINANCE Page 99
If the driveway qrade would exceed 8.0%, deDress the outer edae of the sidewalk and maintain a maximum sidewalk cross slope of 6.0%. This will enable the driveway slope to stay within
the 8.0% slope limit. See Fiqure 3. FIGURE 3 FIGURE 3 NOTE: The L distance should be adequate to accommodate turnins vehicles. .o If the sidewalk cross sloDe would exceed 6.0%' as indicated
in clause (B) of this Subparasraph, dewess the entire sidewalk. The amount of demession shall not exceed 1 1/2 inches at the inner edqe of the sidewalk. The lonsitudinal slope of the
sidewalk shall not exceed two inches per foot. See Fiqure 3. I I MONTGOMERY TOWNSHIP ~ SUBDIVISION AND LAND DEVELOPMENT ORDINANCE Page 100 B I I I 1: 1 I 1 I
,I 1 1 ~I I ivl When the sidewalk is directly aaainst the back of the curb and the sidewalk is at least five feet wide, the curb shall be sloped as shown in Fisure 5 of this Subsection.
This will eliminate the need for depressinu the back edse of the sidewalk. For sidewalks J narrower than five feet. the curb will be sloped and the back edqe of the sidewalk will be
tiepressed (maximum 1 1/2 inches) to maintain an 8.0% maximum made on the drivewav. The lonuitudinal srade of the sidewalk shall not exceed two inches Der foot. -NOTE: The L distance
should
be adetpate to acconmdate tumiag vshiclea. MONTGOMERY TOWNSHIP SUBDIVISION AND LAND DEVELOPMENT ORDINANCE Page 101
FIGURE 6 MONTGOMERY TOWNSHIP SUBDIVISION AND LAND DEVELOPMENT ORDINANCE Page 102
FIGURE 7 ROADWAY *-I--., 1 " Shoulder ORlVE w R . '"' -.).-IRRW L i n e 2 .a :. i. : , ._ i . . , , :.. . . \ . . I -. , ! R= Radius . . MINIMUM USE DRIVEWAY Flinn 1 MONTGOMERY TOWNSHIP
SUBDIVISION AND LAND DEVELOPMENT ORDINANCE Page 103
FIGURE 8 ';r iz 'h---rr ROAD WAY ROAD WAY F DRIVE WAY WITHOUT CUR BS LOW ' .. * . . . VOLUME DRIVEWAY MONTGOMERY TOWNSHIP SUBDIVISION AND LAND DEVELOPMENT ORDINANCE Page 104
I I I I I 1 1 1 I I 1 1 I I 1 'I I I I I MONTGOMERY TOWNSHIP SUBDIVISION AND LAND DEVELOPMENT ORDINANCE Page 105
I I I ARTICLE XIV I I REMEDIES 1 I I I I I I I I 1 I I 1 SECTION 1400. ENFORCEMENT REMEDIES. Anv person, DartnershiD or corporation who or which has violated anv provision of this Ordinance
shall, upon beins found liable therefore in a civil enforcement proceedina commenced bv the Township, p av a judument of not more than five-hundred ($500.00) dollars plus all court costs,
includins reasonable attornev fees incurred bv the Township as a result t'hereof. If the defendant neither pays nor timely appeals the iudment, the Township mav enforce the iudment pursuant
to the aRplicable rules of civil procedure. Each dav that a violation continues shall constitute a seParate violation. unless the District Justice determinina that there has been a violation
further determines that there was a aood faith basis for the person, partnership or corporation violatinq 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 dav followina the date of the determination of a violation bvthe District Justice and thereafter each dav that
a violation continues shall constitute a respective violation. SECTION 1401. PREVENTIVE REMEDIES. -a In addition to any other remedies available to it. the Township may institute and
maintain apPropriate actions bv law or in eauitv to restrain, correct or abate violations, to prevent unlawful construction, to recover damaaes and to prevent illeqal occupancy of a
buildina. structure or premises. The description bv metes and bounds in the instrument of transfer or other documents used in the process of sellins or transferrin4 shall not exemDt
the seller or transferor from such Denalties or from the remedies herein provided. I b The Township mav refuse to issue anv Dermit or srant anv approval necessary to further imDrove
or develop anv real proDertv which has been developed or which has resulted from a subdivision of real property in violation of this Ordinance. This authority to deny such a Dermit or
awroval shall amlv to any of the followins Amlicants: (1) The owner of record at the time of such violation. MONTGOMERY TOWNSHIP SUBDIVISION AND LAND DEVELOPMENT ORDINANCE Page 106
_O The vendee or lessee of the owner of record at time of such violation without reaard as to whether such vendee or lessee had actual or constructive knowledqe of the violation. (3)
The current owner of record who acauired the property subsecruent to the time of violation without resard as to whether such current owner had actual or constructive knowledae of the
violation. (4) The vendee or lessee of the current owner of record who acauired the propertv subseauent to the time of violation without reaard as to whether-such vendee or lessee had
actual or constructive knowledae of the violation. -c As an additional condition of issuance of a permit or the qrantina 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 acauired
an interest in such real property . MONTGOMERY TOWNSHIP SUBDIVISION AND LAND DEVELOPMENT ORDINANCE Page 107
I I I I I I I I I I I I U I I I I 1 ARTICLE XV EFFECTIVE DATE: ENACTMENT SECTION 1500. EFFECTIVE DATE This Ordinance shall take effect upon its enactment as provided by law. SECTION
1501. ENACTMENT Enacted and ordained this -day of .-f 19 . MONTGOMERY TOWNSHIP BY CHAIRMAN, BOARD OF TOWNSHIP . SUPERVISORS ATTEST: BOARD OF TOWNSHIP SUPERVISORS OF MONTGOMERY TOWNSHIP
TOWNSHIP SECRETARY MONTGOMERY TOWNSHIP SUBDIVISION AND LAND DEVELOPMENT ORDINANCE Page 108