HomeMy WebLinkAboutPeters Subdiv OrdORDINANCE NO. ARTICLE I SHORT TITLE, AUTHORITY, PURPOSE AND INTENT, INTERPRETATION SECTION 100: SHORT TITLE This Ordinance shall be known as the Peters Township Subdivision and Land
Development Ordinance. SECTION 101: AUTHORITY This Ordinance is adopted pursuant to the provisions of the “Pennsylvvani Municipalities Planning Code” (Act 247) effective Januaar 1, 1969,
as amended. SECTION 102: PURPOSE AND INTENT This Ordinance is enacted for the purpose of assuring sites suitabbl for building purposes and human habitation, and to provide proper accommodation
of surface drainage over lots and accumulatiion on roads; to assure adequate and safe water and sewer servicces to provide for proper access of emergency and fire fighting equipment;
and to coordinate the operations of the Township and other agencies involved with land development; and for the generaa purpose of guiding and accomplishing coordinated and harmonioou
development within the Township. 0 It is the intent of this Ordinance to accomplish these obje?????ctives in as practical a way as possible to promote the health, safety and general
welfare of the present and future population of the Township and to expedite, not hinder, acceptable construction. SECTION 103: INTERPRETATION The provisions of this Ordinance shall
be held to be minimum requireement to meet the above stated purposes: where the provisiion of this Ordinance impose greater restrictions than those of any statute, other ordinance or
regulation, the provision of this Ordinance shall prevail. When the provisions of any statute, -1-
other ordinance or regulation impose greater restrictions than those of this Ordinance, the provisions of such statute, ordinaanc or regulation shall prevail. ARTICLE I1 DEFINITIONS
SECTION 200: DEFINITIONS As used in This Ordinance words in the singular include the pluraal and in the plural include the singular. The word "person" includes corporation, unincorporated
association and partnership, as well as an individual. The word "building" includes the meaniin of "structure" 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 below: 1. Accelerated Erosion: The removal of surface materials by the action of natural elements caused
by man's manipulation of the landscape. 2. Agricultural Purpose: The regular and continuous cultivattio of the soil for general farm crop purpose, commercial truck growing, commercial
orchards, or commercial nurseries, excluudin the construction of buildings or residential structures, or streets or roadways. 3 . Applicant: A land owner or developer, as hereinafter
defined, who has filed an application for development including his heirs, successors and assigns. 4. Application For Development: Every application, whether preliminary, tentative or
final, required to be filed and aDproove prior to start of construction or development; incluhing but not limited to an application for a building permit, for the approval of a subdivision
plat or plan or for t h e approval of a land development plan. -2-
5. Block: An area bounded by streets, proposed streets, railroad right-of-way, waterway, unsubdivided area, or other bar- ier . 6 . Board: The Board of Supervisors of Peters Township,
Franklin County, Pennsylvania. 7. Building: Any structure having a roof supported by colummn or walls and intended for the shelter, housing or enclosure of persons, animals, or chattels,
and including covered porches or bay windows and chimneys. 8. Cartway: The portion of a street intended for vehicular use. 9. Central Sewerage: Any public sewerage system or properll
permitted private sewerage system designed for the collection of sewage or industrial wastes of a liquid nature from two or more lots and the treatment and disposal of the sewage or
industrria wastes: provided such private sewage system is approved by the Township Municipal Authority and the Department of Environmentta Resources. 10. Clear-Sight Distance: A line
of unobstructed vision from a point four and one-half ( 4 3 ) feet above the center line of a street to to the farthest point on the top of an object four and one-half ( 4 3 ) feet high
on the same center line. 11. 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 street center lines. 12. Common Open Space: A parcel or parcels of land or an area of water, or a combination of land and water within a developmmen site and designed and intended
for the use or enjoyment of residents of a development, not including streets, off-street parking areas, and areas set aside for public facilities. 13. County: Franklin County, Pennsylvania.
14. Crosswalk: A right-of-way for pedestrian travel across a street or road. -3-
15. Cul-de-sac: A street with access closed at one end and with a vehicular turn-around at the closed end. 16. Detention Structure: A vegetated pond, swale, or other structure designed
to drain completely after storing runoff only for a given storm event and release it at a predetermined rate. Also known as a dry pond. 17. Developer: Any landowner, agent of such landowner
or tenant with the permission of such landowner, who makes or causes to be made a subdivision of land, land development, or mobile home park. 18. Development Plan: The provisions for
development, incluudin a planned residential development, a plat of subdivision, all covenants relating to use, location and bulk of buildings and other structures, intensity of use
or density of development, streets, ways and parking facilities, common open space and publli facilities. The phrase "provisions of the development plan" when used in this act shall
mean the written and graphic materiaal referred to in this definition. 19. Drainage: The flow of water or liquid waste and the methods of directing such flow. 20. Drivewa : Every entrance
or exit used by vehicular trafffi to or + rom residential or commercial properties and the existtin or proposed public roadway. 21. Dwelling: A building designed for residential purposes
and used as living quarters for one or more persons. A. Dwelling Unit: One or more rooms used for living and sleeping purposes and having a kitchen with fixed cooking facilitiie arranged
for occupancy by one (1) family or a single person. 22. Earthmoving Activity: Any construction or other activitt which disturbs the surface of the land including but not limitte to grading,
excavation, embankments, land development, subdivissio development, mineral extraction and the moving, depositinng or storing of soil, rock or earth. -4-
23. Easement: A right granted for the use of private land for certain public, quasi-public or private purposes, also the land to which such right pertains. 24. Energy Dissipator: A device
used to slow the velocity of storm water, particularly at points of concentrated discharge such as pipe outlets. 25. En ineer: A professional engineer licensed as such in the C o m m
o n h f Pennsylvania, duly appointed as the engineer for the Township or planning agency. 26. Engineer, Registered: A person duly registered as a professional engineer by the State of
Pennsylvania. 27. Excavation: Any act by which earth, sand, gravel, rock or any other similar material is dug into, cut, quarried, uncoverred removed, displaced, relocated or bulldozed
and shall incllud the conditions resulting therefrom. 28. -Fill: A. Any act by which earth, sand, gravel or rock or any other material is placed, pushed, dumped, pulled, transported
or moved to a new location above the stripped surface and shall incllud the conditions resulting therefrom; and/or B. The difference in elevation between a point on the originna ground
and a designated point of higher elevation on the final grade; and/or C. The material used to make a fill. 29. Freeboard: The difference between the design flow elevatiio in the emergency
spillway and the top of the settled embankmeent 30. Grassed Waterway: A natural or man-made drainage way of parabolic or trapezoidal cross-section shaped to required dimensiion and vegetated
for safe disposal of runoff. (Also known as a swale). -5-
31. Holdinq Pond: A retention or detention pond. 32. Landowner: The legal or beneficial owner or owners of land including the holder of an option or contract to purchase (whether or
not such option of contract is subject to any conditioon) a lessee if he is authorized under the lease to exercise the rights of the landowner, or other person having a proprietary interest
in land. 3 3 . Land Development any of the following activities: 1. The improvement of one lot or two or more contiguous lots, tracts or parcels of land for any purpose involving: i.
a group of two or more residential or nonresidentiia buildings, whether proposed initially or cumulatively, or a single nonresidential building on a lot or lots regardless of the number
of occupants or tenure; Provided, however, that the followiin uses or improvements shall be excluded from the term "land development 'I : a. the conversion of an existing single-family
detacche dwelling or single family semi-detached dwelling into not more than two residential units, unless such units are intended to be a condominium; 0 b. the addition of an accessory
building, including farm buildings, on a lot or lots subordinate to an existing princiipa building ox use, but only where the accessory building contaain less than 20% of the square
footage footprint of the existtin principal buildings, and does not exceed 1200 square feet. In determining the applicability of this exclusion, any structure on the site previously
found to be an accessory building under this exclusion shall be combined with the newly proposed buildinng ii. the division or allocation of land or space, whethee initially or cumulatively,
between or among two or more existtin or prospective occupants by means of, or for the purpose of streets, common areas, leaseholds, condominiums, building groups or other features.
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2. A subdivision of land. In the case of a farm development, surveying shall only be requiire for the immediate drainage area surrounding the proposed construction, as determined by
the township engineer from U.S.G.S. topographic maps. 34. Lot: A designated parcel, tract or area of land establisshe by =plat or otherwise as permitted by law and to be used, developed
or built upon as a unit. Area within any road or street right-of-way shall be excluded in calculating lot area. 35. Mediation: A voluntary negotiating process in which parties in a dispute
mutually select a neutral mediator to assist them in jointly exploring and settling their differences, culminattin in a written agreement which the parties themselves create and consider
acceptable. 3 6 . Mobile Home: A transportable, single family dwelling intended for permanent occupancy, contained in one unit, or in two or more units designed to be joined into one
integral unit capable of again being separated for repeated towing, which arriive 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 without a permanent foundation, excluding modular or premanufactured housing having a width of at least 25 feet. 0 37. Mobile Home Lot: A parcel
of land in a mobile home park, improved with the necessary utility connections and other appurtenances necessary for the erections thereon of a single mobile home. 38. Mobile Home Park:
A parcel or contiguous parcels of land so designated and improved that it contains two or more mobiil home lots for the placement thereon of mobile homes. 39. Municipal Authority: The
Peters Township Municipal Authorrity or its successor. -7-
40. Net Density: The number of dwelling units per net acre of land devoted to residential buildings and accessory uses on the same tract within the site but excluding land for streets,
public parking, playgrounds, and non-residential uses. 41. Percolation Test: A procedure to determine the absorptiio rate of the soil in an area proposed as the installation site for
an on-lot septic system, to be carried out according to the requirements of the Pennsylvania Department of Environmental Resources. 42. Planning Agency: A planning commission, planning
departmeen or a planning committee of the governing body. 43. Planninq Commission: The Planning Commission of Peters Township . 4 4 . -Plat: The map or plan of a subdivision of land
developmeent whether preliminary or final. 45. Public Grounds, includes: 1. parks, playgrounds, trails, paths and other recreatioona areas and other public areas; and 2. sites for schools,
sewage treatment, refuse disposal and other publicly owned or operated facilities; and 3. publicly publicly owned or operated scenic and historic sites. 46. Public Heariny: A formal
meeting held pursuant to publli notice by the governing body or planning agency, intended to inform and obtain public comment, prior to taking action in accorddanc with this ordinance
or applicable law. 47. Public Meetinq: A forum held pursuant to notice under the act of July 3, 1986 (P.L. 388, No. 84) known as the “Sunshine Act”. 48. Public Notice: Notice published
once each week for two successive weeks in a newspaper of general circulation in the municipality. Such notice shall state the time and place of the -8-
hearing and the particular nature of the matter to be considered at the hearing. The first publication shall not be more than 30 days and the second publication shall not be less than
seven ( 7 ) days from the date of the hearing. 49. Renewable Energy Source: A method, process or substance whose supply is rejuvenated through natural processes and, subjeec to those
natural processes, remains relatively constant, including, but not limited to, biomass conversion, geothermal energy, solar and wind energy and hydroelectric energy and excluudin those
sources of energy used in the fission and fusion processes. 50. Reserve Strip: A parcel of ground in separate ownership separating a street or road from adjacent properties or from anotthe
street. 51. Retention Structure: A pond, swale, or other structure containing a permanent pool of water designed to store runoff for a given storm event and release it at a predetermined
rate. 52. Runoff: The surface water discharge or rate of dischaarg 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.
-53. Runoff from a Fully Developed Area Upstream: The surfaac water 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 townshhi comprehensive plan: if such exists. 54. Sanitary Sewer: A pipe for conveying sewage; excluding storm, surface
and ground water. 55. Sanitary Sewer Facility: A public sanitary sewer system or a comparable common or package sanitary sewer facility approove by the appropriate governmental agencies.
56. Screening: A well maintained fence, wall, hedge, or vegetative material at least five (5) feet in height and of a density to conceal from the view of adjoining property owners the
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structures and uses on the premises on which the screening is required to be located. 57. Secretary: The Peters Township Secretary. 58. Sedimentation: The process by which mineral or
organic matter is accumulated or deposited by moving wind, water or gravitty Once this matter is deposited (or remains suspended in wateer) it is usually referred to as "sediment". 59.
Sediment Basin: A temporary dam or barrier constructed across a waterway or at other suitable locations to intercept the runoff and to trap and retain the sediment. 60. Slope: Slopes
are to be expressed in a percentage based upon vertical difference in feet per one-hundred (100) feet of horizontal distance. 61. Soil Analysis: A procedure to permit visual inspection
of geological formations and water table level in an area propoose as the installation site for an on-lot septic system. Such tests will consist of a tranch which shall be as a minimum
two ( 2 ) feet wide and six (6) feet deep or four ( 4 ) feet below the proposed installation level of of the septic field, whichever is deeper. Such tests may be referred to as a "Deep
Probe" or inspecctio trench and shall be open for inspection by the Township and the Department of Environmental Resources. 62. Soil Stabilization: Chemical or structural treatment of
a mass of soil to increase or maintain its stability or otherwise improve its engineering properties. 6 3 . Storage Structure: A retention or detention structure. 64. Storm Sewer: A
pipe, open ditch or drainage channel for conveying rain water, surface water, condensate, cooling water or similar liquid wastes: exclusive of sewage or industrial wastes; to a natural
water course or other outlet. 65. Storm Water Management: The control of runoff to allow water falling on a given site to be absorbed or retained on site to the extent that after development
the peak rate of discharge -10-
leaving the site is not significantly different than if the site had remained undeveloped. 66. Street: A strip of land which is intended primarily as a means of vehicular and pedestrian
traffic, whether public or private, which may be used also as a space, when public, for sewerrs public utilities, shade trees and sidewalks. 67. Street, Public: A strip of land, including
the entire right-of-way, intended to be dedicated for use as a means of vehiccula and pedestrian circulation by the public at large. 68. Structure: Any man-made object having an ascertainable
stationary location on or in land or water, whether or not affiixe to the land, including but not limited to flagpoles, stadiumms platforms, towers, sheds, storage bins, fences exceeding
four ( 4 ) feet in height, signs, sign posts, lights and light standaard for other than residential use but excepting patios, drivewaays walks, and parking area to yard grade. 69. Subdivider:
The owner, developer or the authorized agent of the owner of a subdivision or or land development. 70. Subdivision: The division or redivision of a lot, tract or parcel of land by any
means into two or more lots, tracts, parcels or other divisions of land including changes in existing lot lines for the purpose, whether immediate or future, of lease, partition by the
court €or distribution to heirs or devisees, transfer of ownership or building or lot development: Provided, however, that the subdivision by lease of land for agricultural purposes
into parcels of more than ten acres, not involving any new street or easement of access or any residential dwelling, shall be exempted. 71. Subdivision, Minor: Any division abutting
an existing public street or road involving three ( 3 ) or less lots, parcels of land, or other division of land which does not require a new street, the installation of sanitary sewers,
storm sewers, water mains or pipes, or other public improvements. 72. Substantially Completed: Where in the judgment of the township engineer, at least 90% (based on the cost of the
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quired improvements for which financial security was posted pursuaan to section 802) of those improvements required as a condition for final approval have been completed in accordance
with the approved plan, so that the project will be able to be used, occupiie or operated for its intended use. 73. Surface Mining Operation: The removal of any substance from the earth
for use as fuel, roadway material, manufacturing, or for re-sale, excepting shale, slate or soil excavation and removal operations. 74. Surveyor: A person duly registered as a professional
surveyor by the State of Pennsylvania. 75. Swale: A low lying stretch of land which gathers or carries surface water runoff. 76. Topsoil: Fertile surface and subsurface soils rich in
organic matter or humus debris. 77. Townhouse: A residential structure containing four or more attached single family dwelling units, each of which has a separate lot. 78. Township:
Peters Township, Franklin County, Pennsylvaniia 79. Township Engineer: The township Engineer or any consultaan designated by the Board of Supervisors to review a subdivisiio plan and
perform the duties of an engineer in behalf of the Towns hip. 80. Usable Open Space: A parcel or parcels of land or an area of water, or a combination of land and water within a developmmen
site and designed and intended for the use or enjoyment of residents of the subdivision or mobile home park or other developmeent not including streets, off-street parking areas and
areas set aside for public facilities. 81. Water Course: A permanent stream, intermittent stream, river, brook, creek, channel or ditch for water, whether natural or man-made. ', , 0
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ARTICLE I11 CONTROL OF SUBDIVISIONS AND LAND DEVELOPMENTS, RECORDING OF PLANS, DEDICATIONS OF PROPERTY AND IMPROVEMENTS SECTION 300: CONTROL OF SUBDIVISIONS AND LAND DEVELOPMENT From
and after the effective date of This Ordinance, no subdivisiio 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 the contour of the land, no grading, excavating, removal
or destruction of the topsooil trees or other vegetative cover of the land may be commennce 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 guaranteed as provided in Sections 800,J., and 802 of This Ordinance. Such standards and specifications, particularly
as presented in Article IX 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 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 and that all necessary or required erosion and sedimentation facilities be installed prior to or during the initial phase of construction of the
subdivision or land development. -13-
SECTION 301: THE EFFECT OF LAND DEVELOPMENT If a tract or parcel of land is planned and designec for separate developments or uses, although this tract or parcel remains under single
ownership, each such development or use shall contain the minimum lot area, setback, and yard requirements as stipulated in this Ordinance. In the event the ownership of a particular
developmmen or use is to be subdivided for transfer or sale, such subdiviisio shall contain the minimum area, setback, yard and all other requirements of the Township. 0 SECTION 302:
RECORDING OF FINAL PLANS AND DEDICATION OF PROPERTY AND IMPROVEMENTS Upon approval of a final subdivision or land develogment plan, the developer shall within ninety (90) days of such
final approvaa record such plan in the office of the Recorder of Deeds of the County, and the streets, parks, erosion and sedimentation and water management control facilities and other
public improvements shown thereon shall then be considered to be a part of the Officiia Plan of the Township. Offers 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 plan 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. SECTION 303: TIMING OF GOVERNING REGULATIONS From the time an application for approval,
whether preliminary or final, is duly filed as provided in this Ordinance, and while the application is pending action, no change or amendment of the subdiviisio and land development
ordinance or comprehensive plan shall affect the decision on such application adversely to the applicant and the applicant shall be entitled to a decision in accordance with the governing
regulations at the time the applicatiio was filed. In addition, when a preliminary application has been duly approved, the applicant shall be entitled to final approova in accordance
with the terms of the approved preliminary -14-
application for a period of five (5) years from the date of such preliminary approval. However, if an application is properly and finally denied, any subsequent application shall be
subject to any intervening change in governing regulations. When an applicatiio is approved without conditions or approved by the applicannt' acceptance of conditions acceptable to the
applicant, no subsequent change or amendment in the subdivision and land developmmen ordinance or comprehensive plan shall be applied to affect adversely the right of the applicant to
commence and to complete any aspect of the approved development in accordance with the terms of such approval within 5 years from such approval. Where final approval is preceded by preliminary
approval, the 5 year period shall be counted from the date of the preliminary approvaa e Where the applicant has substantially completed the required improveement as depicted upon the
final plat within the 5 year limiit or any extension granted by the Township Board of Supervisoors no change in the subdivision and land development ordinannce or comprehensive plan
enacted subsequent to the date of filing of the preliminary application shall modify or revoke any aspect of approved final plats pertaining to density, lot, buildinng street or utility
location. In the case of preliminary plan requiring the installation of improvements beyond the five-year period, a schedule shall be filed by the applicant with the preliminary plat
delineating all proposed sections as well as deadlines within which applications for final plat approval of each section are intended to be filed. Such schedule shall be updated annually
by the applicant on or before the anniversary of the preliminary plat approval, until Einal plat approval of the final section has been granted and any modification in the aforesaid
schedule shall be subject to approvaa of the Township Board of Supervisors in its discretion. Each section in any residential subdivision or land development, exceep for the last section,
shall contain a minimum of 25 percent of the total number of dwelling units as depicted on the preliminaar plan, unless a lesser percentage is approved by the Township Board of Supervisors
in its discretion. Provided the applicant has not defaulted with regard to or violated any of the conditiion of the preliminary plat approval, including compliance with the aforesaid
schedule of submission of final plats for the vari--15-
ous sections, then the foregoing protections afforded by substantiaall completing the improvements shown upon the final plans within five years shall apply and for any section or sections,
beyond the initial section, in which the required improvements have not been substantially completed within this five-year perioo these protections shall apply for an additional term
or terms of three years from the date of final plat approval for each sectiion Failure of applicant to adhere to the aforesaid schedule of submission of final plats for the various sections
shall subjeec any such section to any and all changes in subdivision and land development ordinances enacted by the Township subsequent to the date of the initial preliminary application.
SECTION 304: MODIFICATIONS A. The Township Supervisors
may grant a modification of the requireement of one or more provisions if the literal enforcement will exact undue hardship because of peculiar conditions pertaiinin to the land in
question, provided that such modification will not be contrary to the public interest and that the purpose and intent of the ordinance is observed. B. A l l requests for a modification
shall be in writing and shall accompany and be a part of the application for development. The request shall state in f u l l the grounds and facts of unreasonablenees or hardship on
which the request is based, the provision or provisions of the ordinance involved and the minimum modification necessary. The Supervisors shall keep a written record of all action on
all requests for modifications. C. The Supervisors may waive the application of this ordinance in an instance where a lot owner desires to install a mobile home on his property to be
occupied only by a named relative and to be removed as the named relative vacates that mobile home. -16-
ARTICLE IV PROCEDURES AND JURISDICTION SECTION 400: PLAN APPROVING AGENCY All Final Subdivision and Land Development Plans shall be subject to approval, or approval with conditions,
or rej ction by the Board of Supervisors. In the event such a plan is disapproved, the reasons therefore and a description of the requirements of this ordinance which have not been met,
citing the sections invollved shall be set forth in writing within the time provided by this ordinance or applicable law. All plans shall be referred to the Planning Commission for its
review and recommendations. SECTION 401: SUBMITTAL OF PLANS The subdivider or land developer shall submit to the Township Secretary all plans and documents required in this Ordinance
along with a completed and signed subdivision application form at least ten (10) calendar days prior to the next regular scheduled meeting of the Planning Commission. All plans, when
first submitteed shall be considered Preliminary Plans, except Minor Subdivisioons If the subdivider or or land developer makes substantial revisions in his plans after they have been
approved in Preliminaar form, such revised plans shall be treated as Preliminary Plans when resubmitted. Upon approval of the Preliminary Plans, Final Plans shall be submittte by the
subdivider or land developer in the same manner as Preliminary Plans and the Township Secretary shall distribute the required number of copies to the appropriate agencies concerned,
as provided for in this Ordinance. SECTION 402: REVIEW OF PLANS Subdivision and land development plans will usually be reviewed by Peter Township Planning Commission at its first regular
meetiin following the date of submittal, provided that such plans are submitted at least ten (10) calendar days prior to that meeting, The subdivider, or his duly authorized representative,
shall atteen the meeting of the Planning Commission to discuss the subdi--17-
vision plan unless excused by the Commission. The Planning Commisssio shall forward the Plans and the Commission'srecommendation to the Board of Supervisors for considerattion SECTION
403: APPROVAL OF PLANS Approval of Preliminary Plans by the Peters Township Board of Supervisors shall be considered approval of the design of streets and lots and such other features
as may be shown on the plans, subject to any accepted conditional changes to be incorporated in the Final Plans. No subdivision or land development plan shall be approved unless all
specified items within this Ordinance have been included or addressed in a manner satisfactory to the Townshhi Board of Supervisors. The Board's approval of the Final Plans shall be
given only after the requirements and conditions indicated on or in connection with Preliminary Plan approval have been met, and the approval shall constitute a Revision in the Official
Plan of the Township of which it is made a part thereof. No subdivision or land development plans shall be approved unleess (1) All of the requirements of this Ordinance have been met,
including, but not limited to, those involving an erosion and sedimentation control plan that provides for minimizing erosiio and sedimentation unless there has been a determination
by the Board of Supervisors that a plan for minimizing erosion and sedimentation is not necessary and a storm water management plan complying with Article X I I I . 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 this approval shall constitute
final Township approova €or the 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 such notice as it may deem necessary and desirable in each case. 0 -18-
SECTION 404: OVERALL MASTER PLAN REQUIREMENTS A. When the total of all lots subdivided from a parcel or tract of land exceeds five (5) lots within the last 5 years, it shall be incumbent
upon the subdivider to submit to the Township an Overall Master Plan parcel or tract of land before any further subdivision or land development plans may be approved by the Townshhip
Such Overall Master Plan shall illustrate the following features in general terms without necessity of detailed engineeriin design. 1. The property lines of the host parcel and other
lots previously subdivided since May 1, 1972. 2. Generalized lot layout with intended consideration for sewer, water, roadway, and storm drainage control. 3. Generalized location of
major topographic features such as swales, water courses, rock outcroppings, and related characterisstics 4. Generalized indication of the use or uses of the propertt in terms of the
uses premitted by the Township Zoning Ordinaanc if any. 5. The Overall Master Plan shall be submitted at at a scale of not smaller than 1" = 200. B. Effect of Overall Master Plan: The
Overall Master Plan will be used by the Township to assist in evaluating further subdivisiio submittals of the applicant. When on the recommendation of the Planning Commission and action
of the Board of Supervisors, it is deemed that further subdivisions depart substantially from the concepts presented in the Overall Master Plan, a revised Mastte Plan shall be required
prior to approval of any future subdivissio plans of the applicant. -19-0
1 ARTICLE V PRE-APPLICATION CONSULTATION SECTION 500: PRE-APPLICATION CONSULTATION The pre-application consultation with the Township is voluntary, -and communications shall be kept
as confidential as possible. The subdivider or developer, before going ahead with the Prelim nary Plan procedure or with steps to acquire land or subdivide, should familiarize himself
with the regulations and should consuul with the Township about the following factors: A. The suitability of the site for development. B. The demand for a development, the type proposed,
and the particcula location proposed. C. The accessibility of the site. D. The availability of public facilities such as schools, parks, water, sanitary and s t o r m sewers, etc., and
the public services of police, fire, refuge disposal, etc. E. The effect on the project of any contemplated improvements or the proposals of any comprehensive plan and these regulations.
F. Sewage facility requirements of the Department of Environrnentta Resources and the Township. G. Erosion and sedimentation control plans and permits as requiire by the Department of
Environmental Resources and as revieewe by the Franklin County Soil Conservation District. H. Precautionary measures to preserve or protect environmental, historic and natural features.
I. Approvals by the applicable State and Federal agencies, -20-
SECTION 501: SKETCH PLAN SUBMISSION It is suggested that prior to the consultation iith 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. ARTICLE VI
MINOR SUBDIVISIONS SECTION 600: QUALIFICATIONS A Minor Subdivision which is defined as a lot which is not desiggne for independant development or for building purposes, may be directly
submitted for Final Plan approval in accordance with Section 800 of this Ordinance and the plans and data requirements set forth herein. However, with multiple Minor Subdivisions withii
any given tract; exceeding five (5) lots within the preceding five years, or adjacent or adjoining tracts having been or expeccte to be subdivided, or whenever other circumstances warrant,
the Commission may deny the Minor Subdivision provision within this Ordinance and may require such additional data as included within the Preliminary and Final Plan requirements and
procedurres of this Ordinance. SECTION 601: PLAN REQUIREMENTS The following materials and data shall be submitted with an applicattio for review and approval of the Minor Subdivision
Plan: A. Eight copies of the subdivision or land development plans in the form of a map on sheet sizes either 8 1/2 inches by 14 inches; 18 inches by 24 inches; or 24 inches by 36 inches,
and shown to a nominal scale not smaller than 100 feet to the inch and showing the following: 1. A location may showing the proposed project in relation to the adjacent properties and
existing streets in the vicinity of the Township. -21-
2. A tract map showing the boundaries of the entire tract to be subdivided, the new lot or lots to be formed, and the names of the adjoining property owners, as well as major significant
physical features such as streams, roads, lanes, ponds, cemeteriees wooded areas and flood plains. 3. The limits and dimensions of the tract or tracts to be subdivided or developed and
the proposed name or identifying tittl of the project. 4. The date, scale, and north point. 5. The location and dimensions where applicable of existtin buildings, roads, easements, rights-of-way,
public lanes, streams and any other monuments. 6. The location and dimensions of proposed easements or other rights-of-way and land reserved for public purposes, the dimensions of existing
or proposed sanitary or storm sewers and water facilities. 7. Existinq topoq-ra-phi c contours at not more than ten (10) 0 foot vertical intervais or at such intervals that the contours
shall have a maximum horizontal spacing of not more than one hun-@dred (100) feet. For any project not being connected to any public facilities within the Township, an assumed datum
may be used for the topograaphi contours, but shall be stated on the plans as assumed da tum . Any project connecting or adjoining proposed public facilitiie within the Township shall
be referenced to the Township Municcipa Datum as supplied by the Township. 8. The name and address of the subdivider or developer. 9. The name, seal and signature of the Registered Engineer
or Registered Surveyor who shall have prepared the plans. -22-
10. The name and address of the owner of the tract, and the names of the owners of the adjoining tracts together with the deed references. 11. The building restriction lines, percolation
test sites and the location and description of the survey monuments. 12. The bearing and dimensions of all proposed property lines, the acreage of all parcels including the residue of
the parent tract, and lot numbers. 13. A plan supplement or revision sewage Planning Module to the Township's Official Liquid Wastes Plan complete with all necesssar data. 14. An erosion
and sedimentation control plan and narrative as required pursuant to the provisions of the Clean Streams Law, or other applicable law or regulation. ARTICLE VI1 PRELIMINARY PLANS SECTION
700: PRELIMINARY PLAN SPECIFICATIONS The following materials and data shall be submitted with an applicattio for review and approval of the Preliminary Plans: A. Eight copies of the
subdivision or land development plan in the form of a map or series of maps on sheet sizes either 8 1/2 inches by 14 inches; 18 inches by 24 inches; or 24 inches by 36 inches drawn to
a scale not smaller than one hundred (100) feet to the inch and showing the following: 1. A location map showing the proposed project in relation to the adjacent properties and existing
streets in the vicinity. 2. The layout of lots showing dimensions, l o t numbers, and approximate areas of each lot, location of existing and proposed streets and driveways, including
the name and widths of the rights-of-way and cart way. -23-
3 . The limits and dimensions of the tract or tracts being subdivided or developed and the proposed name or identifying tittl of the project. 4 . The date, scale and north point. 5.
The location and dimensions where applicable of existtin buildings, road, easements, rights-of-way, public lands, streams, and any other monuments. 6. The location and dimensions of
proposed easements or rights-of-way and land reserved for public purposes, the dimensiion of existing or proposed sanitary or storm sewers and water facilities. 7. Existing topographic
contours at not more than ten (10) feet vertical intervals or at such intervals that the contours shall have a maximum horizontal spacing of not more than one hundrre (100) feet. For
any project which proposes ten (10) or more lots or dwelling units, elevations shall be referenced to verticca controls established by an accepted Federal agency (N.O.S., U.S.C.G.S.,
U.S.G.S.r or A.M.S.) and a suitable benchmark shall be established within the project and referenced on the the plan. The Planning Commission may also require supplemental plans showiin
proposed final contours. For any project not being connected to any public facilities within the Township, an assumed datum may be used for the topographic contours but shall be stated
on the plans as assumed datum. 0 Any project connecting or adjoining proposed public facilitiie within the Township shall be referenced to the Township Municcipa Datum as supplied by
the Township. a. The name and address of the subdivider or developer. 9. The name, seal and signature of the Registered Engineer or Registered Surveyor who shall have prepared the plans.
10. The name and address of the owner of the tract and the names of the owners of the adjoining tracts together with the deed references. -24-
11. Building restriction lines, percolation test sites, and the location and description of the survey monuments. €3. Five copies of cross-section drawings of all proposed streets showing
rights-of-way, cartway widths, location of sidewalks and planting strips. C. Five copies of profile drawings of all proposed streets showiin existing and proposed grades. D. Five copies
of plans and profiles of existing and/or proposed sanitary sewer and storm sewer systems, water distribution systeems and any other pertinent utilities. The plans shall include grades,
pipe sizes, and location of valves and fire hydrants. All storm sewer plans shall indicate the point or points where surface water enters and leaves the project, contributing area of
runoff and the estimated volume and method of determination. E. When any subdivision or land development is subject to the rules and regulations of the Department of Environmental Resouurce
with regard to the disposal o€ liquid wastes, the applicaan shall submit a Supplemental Planning Module or Plan Revision Module to the Township's Official Liquid Wastes Plan for the
subdiviisio or land development of which the subdivider shall prepaar six copies of the form supplied by the Department of Environmennta Resources for use of the Township. F. In the
event the plan proposes extension of utility service into the project by an Authority or Municipality other than Peters Township or its agencies, a statement from that authority or municipality
regarding the adequacy o€ such service extension shall be submitted. G. Whenever the subdivision or land development is subject to the rules and regulations of the Department of Environmental
Resouurce with regard to control of erosion and sedimentation contrrol the applicant shall file five (5) copies of an erosion and sedimentation control plan, provided, however, that
in the case of the applications not requiring any erosion and sedimentation control permit, the Commission may require the applicant to submmi his plan to the Franklin County Soil Conservation
District -25-
office for review and comment. The design standards and specificattio for said plan are contained in the "Erosion and Sedimentatiio Control" handbook which has been prepared and provided
by the Franklin County Conservation District and is on file in the Township Office. 0 H. Five copies of the Storm Water Management Plan required by this Ordinance. I. All plats shall
contain a note regarding the status of wetlaand onsite. Where deemed necessary by the Planning Commission or Board of Supervisors, an analysis of wetland conditions on the subject property
shall be performed and submitted. Such analysis shall be prepared by a recognized professional wetlands consultaan and shall clearly state the existence or nonexistence of any and all
wetlands and shall delineate the field determined boundariie of those areas should any exist. SECTION 701: PRELIMINARY PLAN PROCEDURE A. The applicant, at least ten (10) days prior to
the meeting of the Commission at which initial consideration is desired, shall file with the Township Secretary (10) copies of the Preliminary Plan and the accompanying documentation.-B.
Copies of the Preliminary Plan and supporting data shall imrne--0 diately be distributed by the Secretary to the following agenciies when applicable, for review and comment: 1. Three
( 3 ) copies to the Franklin County Planning Commissiion 2. One (1) copy to the Township Engineer. 3 . One (1) copy to the Township Municipal Authority as required. 4. One (1) copy to
the Pennsylvania Department of Transportattio if applicable. 5 . One (1) copy to the Electric Power Company. -26-
6. One (1) copy to the Township Sewage Enforcement Office. 7. One (1) copy to the Franklin County Conservation Distriict 8 . The remaining copies to the Township Planning Commissiion
9 . Supplemental Sewage Planning Module and/or Plan Revisiio Module for Subdivision or Land Development to: a. Department of Environmental Resources, if applicable, upon adoption. b.
Franklin County Planning Commission, if applicable. C. Township Municipal Authority. d. Remaining copies to the Township File. C. The Township Planning Cornmission shall take official
action on the Preliminary Plan within sixty (60) days of the Township's receipt of t h e plans and data. The Commission shall note its action on three ( 3 ) copies of the plans. The
three ( 3 ) copies of the plan then shall be forwarded to the Board of Supervisors along with recommendations concerning the Preliminary review. D. Approval or Rejection of Plans: 1.
The Board of Supervisors shall take official action on the Preliminary Plan after it has received the review of the Commisssio and within the time limits and in the manner provided in
Section 801 (c.) of this Ordinance. -27-
I 0 0 ARTICLE VI11 FINAL RECORD PLANS SECTION 800: PLAN REQUIREMENTS 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 Preliminaar Plans as prev-iously approved and any conditions specified in the approval of the Preliminary Plans
shall be incorporated in the Final Plans. The Final Plan submission shall occur not more than five (5) years following the date of approval of the Preliminary Plan. Failure to submit
the Final Plan within this time period shall make the approval of the Preliminary Plan null and void unless an extension of time is requested by the subdivider or land developee prior
to the five ( 5 ) years time limit and an extension is granted by the Board of Supervisors. The applicant may constituut only that portion of the approved Preliminary Plan which the
applicant proposes to record and develop at that time, provided that such portion conforms with all requirements of the approved Preliminary Plan and this Ordinance. The Final Plan shall
contain the following data: A. Ten (10) copies of the plan in the form of a map or series of maps on sheet sizes either 8 1/2 inches by 14 inches; 18 inches by 24 inches; or 24 inches
by 36 inches, drawn to a scale not smaller than one hundred (1001 feet to an inch and showing the following: 1. The items required to be shown in Preliminary Plans, as specified in Article
VII, Section 700. 2. Final topographic contours in those areas recommended by the Commission and approved by the Supervisors at not more than five (5) foot vertical intervals. 3. The
location and method of proposed street lighting facilities and the location of street signs. -28-
4. The location of minimum building set-back lines. 5, The complete metes and bounds description of each lot, tract or parcel with a minimum error of closure of one part in ten thousand
(10,000). 6. Lot and section numbers. 7. Offer of Dedication to the Township or Township Authoritt wherever and whichever case is applicable of streets, rightsoofway, easements and sites
for other public use. B. Four ( 4 ) copies of a utility map or maps showing the tract boundaries, existing and proposed streets, l o t lines, sanitary sewer and storm sewer facilities,
water lines, and, where applicablle curbs, sidewalks, fire hydrants and manholes. C. Four ( 4 ) copies of profile and cross-section maps or diagrams of streets showing proposed grades
of curbs, sanitary and storm sewers, water lines, underground utilities, and storm water rnanageemen facilities. Grades shall be shown at a minimum scale of fifty (50) feet horizontal
and five (5) feet vertical. D. An erosion and sedimentation control plan, together with an earth-earth-moving permit when required pursuant to the provisions of the Clean Streams Law.
E. Suitable documentation that the plans are in conformity with building, sanitation and other applicable Township Ordinances and regulations; and with the regulations governing the
extension of the 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. F.
Such certificates, affidavits, endorsements or dedications as may be required by the Commission or the Township Supervisors in the enforcement of these regulations. G. Evidence of the
issuance of any driveway permit required by PennDot or Peters Township. No plat which will require access to a highway under the jurisdiction of the Pennsylvania Department -29-
r ~ 1 of Transportation shall be finally approved unless the plat contaain the following notice: "A Highway Occupancy Permit is requiire pursuant to Section 420 of the Act of June 1,
1945, P.L. 1242, No. 428, known as the "State Highway Law", before driveway access to a State Highway is permitted. Access to the State Highwwa shall be only as authorized by a Highway
Occupancy Permit." o H. A statement of the types of structures to be erected, and summary table of the number of structures and dwelling units propossed I. Suitable documentation 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 exceptiio has been officially authorized. J. Evidence that the subdivider or developer
has installed the necessary street and other improvements as required in Section 900 in accordance with Township standards and specifications, or that the subdivider has furnished the
Township the guarantees required by Section 802. SECTION 801: REVIEW PROCEDURE -APPROVAL OF PLANS A. At least ten (10) days prior to the meeting of the Planning Commission at which initial
consideration is desired, the subdiviide or developer shall submit ten (10) copies of the Final Plan and accompanying documentation to the Township Secretary. The Final Plan submission
shall occur not more than five (5) years following the date of approval of the Preliminary Plan. Failure to submit the Final Plan within the time period shall make the Preliminary Plan
null and void unless an extension of time is requested by the subdivider or developer and granted in writing by the Board of Supervisors. B. Copies of the Final Plan and supporting data
shall be distribuute by the Township Secretary to the following agencies where applicable: -30-
1. Three (3) copies to the County Planning Commission for review and comment. 2. One (1) copy to the Township Engineer for review and preparation of cost estimates on improvement construction.
3. One (1) copy to the Township Municipal Authority if applicable. 4. One (1) copy to the Electric Power Company. 5 . Remaining copies to the Township Planning Commission. C. Approval
or Rejection of Plans: All applications for approvaa of a plan, whether preliminary or final, shall be acted upon by the Board of Supervisors which shall render its decision and communicate
it to the applicant not later than ninety ( 9 0 ) days following the date of the regular meeting of the Planning Commissiio next following the date the application is filed, provided
that should the said next regular meeting occur more than thirty (30) days following the filing of the application, the said ninett ( 9 0 ) day period shall be measured from the thirtieth
(30th) day following the day the application has been €iled. 1. The decision of the Board of Supervisors shall be in writing and shall be communicated to the applicant personally or
mailed to him at his last known address not later than fifteen (15) days following 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 requirements which have not been met and shall in each case, cite to the provision of the statute or ordinance relied upon. 3 .
The plan may be approved subject to conditions detailed in the written notice of decision if the applicant countersigns the decision containing said conditions, in which case the plan
shall be approved if the conditions are met. In the event the applicant does not countersign the decision and accept the conditiion within fifteen (15) days of receipt, the tentative
approval shall automatically be rescinded. -31-
0 D. Distribution of the copies of the plan as finally approved shall be as follows: 1. One (1) copy to the Engineer. 2. One (1) copy to be retained in the Township Secretary's File.
3. One (1) copy to the Planning Commission. 4. Two (2) cop,ies to the subdivider or developer. E. Within ninety (90) days following approval by the Board of Supervisors, the Final Plan
shall be recorded by the subdivider or developer at the County Recorder of Deeds Office. The subdiviide or developer shall not present a plan for recording and the Recorder of Deeds
shall not accept any plan for recording unless the plan has been officially approved and signed by the Board of Supervisors. F. The Township Board of Supervisors shall not approve a
Final Plan without a favorable report from the Department of Environmentta Resources regarding the Official Plan Revision or Supplement where applicable. However, failure of the Department
of Environmennta Resources to report to the Township within the time prescrribe by law from the date the last supplement was, sent shall constitute approval. SECTION 802: COMPLETION
OF IMPROVEMENTS OR GUARANTEE THEREOF PREREOUISITE TO FINAL PLAN APPROVAL No plan shall be finally approved unless the streets shown on such plan have been improved to a mud free or otherwise
permanentll passable condition, as specified in Article IX, Sections 903 and 904, and any walkways, curbs, gutters, street lights, fire hydrants, shade trees, water mains, sanitary sewers,
storm sewers and any other improvements as may be required by this Subdivision and Land Development Ordinance, as amended, have been installed in accordance with such Ordinance. -32-
In lieu of the completion of any improvements required as a conditiio for the final approval of a plat, including improvements or fees for staged or phased development as described in
53 P.S. 509 (i), the developer shall deposit with the Township, financial security in an amount sufficient to cover the cost of such improveement or common amenities, including, but
not limited to,
road, storm water detention and/or retention basins, other relatee drainage facilities, recreational facilities, open space improveements or buffer or screen plantings, all improvements
reciite above, and all improvements as shown on the developers subdiviisio or development plan. The type of financial security to be posted with the Township shall be in such form as
may, from time to time, be approved by the Legislature of the Commonwealth of Pennsylvania, or such other form as may be deemed acceptable by the Township Board of Supervisors. Such
bond, or other security shall provided for, and secure to the public, the completion of any improvements which may be requiire on or before the date fixed in the formal action of approvaa
or accompanying agreement for completion of the improvements. The amount of financial security to be posted for the completion of the required improvements shall be equal to 110% of
the cost of completion estimated as o€ 90 days following the date schedulle for completion by the developer. Annually, the township may adjust the amount of the financial security by
comparing the actuaa cost of the improvements which have been completed and the estimated cost of the completion of the remaining improvements as of the expiration of the 90th day after
either the original date scheduled for completion or a rescheduled date of completion. Subsequent to this adjustment, the township may require the developpe to post additional security
in order to assure that the finanncia security equals this 110%. Any additional security shall be posted by the developer in accordance with this section. The amount of financial security
required shall be based upon an estimate of the cost of completion of the required improvements, submitted by an applicant or developer and prepared by a professioona engineer licensed
as such in this Commonwealth and certifiie by such engineer to be a fair and reasonable estimate of such cost. The township upon the recommendation of its engineer, may refuse to accept
such estimate for good cause shown. If the -33-
applicant or developer and the municipality are unable to agree upon an estimate, then the estimate shall be recalculated and recertified by another professional engineer licensed as
such in this Commonwealth and chosen mutually by the municipality and the applicant or developer. The estimate certified by the third engineee shall be presumed fair and reasonable and
shall be the final estimate. In the event that a third engineer is so chosen fees for the services of this engineer shall be paid equally by the township and the applicant or developer.
If the party posting the financial security requires more than one year from the date of posting the financial security to compllet the required improvements, the amount of financial
security shall be increased by an additional 10% for each one year beyond the first anniversary date from the posting of financial securitty or to an amount not exceeding 110% of the
cost of completing the required improvements as re-established on or about the expirattio of the preceding one year period by using the above biddiin procedure. In a case where development
is projected over a period of years, the Township Board of Supervisors may authorize submission of final plans by sections or stages of development subject to requirements or guarantees
as to improvements in futuur sections of states of development as it finds essential for a mtehnet .p rotection of any finally approved section of the develop-As the work of installing
the required improvements proceeds, the party posting the financial security may request the Township Board of Supervisors to release or authorize the release, from time to time of such
portions of the financial security necessary for payment to the contractor or contractors performing the work. Any such requests shall be in writing addressed to the Township Board of
Supervisors and the Board shall have 45 days from receeip of such request within which to allow the minicipal engineee to certify, in writing, to the Board that such portion of the work
upon the improvements has been completed in accordance with the approved plan. Upon such certification the governing body shall authorize the release by the bonding company or lendiin
institution of an amount as estimated by the municipal engineee which fairly represents the value of the improvements compleeted or, if the Board of Supervisors fails to act within the
45-day period, the Board shall be deemed to have approved the -34-
. release of the funds as requested. The Board of Supervisors may, prior to final release at the time of completion and certificatiio by its engineer, require retention of 10% of the
estimated cost of the aforesaid improvements. Where the Board of Supervisors accepts dedication of all or some of the required improvements following completion, the Board may require
the posting of financial security to secure structural integrity of the improvements as well as the functioning of the improvements in accordance with the designs and specifications
as depicted on the final plan, for a term not to exceed 18 months from the date of acceptance of dedication. This financial securitt shall be of the same type as otherwise required in
this sectiio and otherwise required by law, with regard to the installatiio of such improvements and the amount of the financial securitt shall not exceed 15% of the actual cost of installation
of the improvements. If water mains or sanitary sewer lines, or both, along with apparaatu or facilities related thereto, are to be installed under the jurisdiction and pursuant to the
rules and regulations of a public utility or a municipal authority separate and distinct from the Township, financial security to assure proper completion and maintenance thereof shall
be posted in accordance with the regulations of the controlling public utility or municipal authoriit and shall not be included within the financial security otherwiis required by this
section. If financial security has been provided in lieu of the completion of improvements required as a condition for the final approval of a plan as set forth herein, the municipality
shall not condition the issuance of building, grading or other permits relating to the erection or placement of improvements, including buildings upon the lots or land as depicted upon
the final plan upon actual completion of the improvements depicted upon the final approved plan. Moreover, if this financial security has been provided, occupancy permits for any building
or buildings to be erected shall not be withheld following the improvement of the streets providing access to and from existing public roads to such buildiin or buildings to a mud-free
or otherwise permanently passable condition as required in Article IX, Section 904 hereof, as well as the completion of all other improvements as depicted upon the -35-
approved plan, either upon the lot or lots or beyond the lot or lots in question if such improvements are necessary for the reasonnabl use and occupancy of the building or buildings.
SECTION 803: APPROVAL RESOLUTION TO FACILITATE FINANCING When requested by the developer, in order to facilitate financinng the township shall furnish the developer with a signed copy
of a resolution indicating approval of the final plat contingent upon the developer obtaining a satisfactory financial security. The final plat or record plan shall not be signed nor
recorded until the financial improvements agreement is executed. The resoluutio or letter of contingent approval shall expire and be deemed to be revoked if the financial security agreement
is not executed within 90 days unless a written extension is granted by the governing body; such extension shall not be unreasonably withheel and shall be placed in writing at the request
of the developeer SECTION 804: RELEASE FROM IMPROVEMENT BOND The developer shall be entitled to release upon completion, inspecctio and acceptance of the required improvements, as provided
by Section 510 of the Municipalities Planning Code. ARTICLE IX DESIGN STANDARDS SECTION 900: APPLICATION OF STANDARDS In considering applications for subdivision of land and land developpment
the Planning Commission shall be guided by the standaard set forth below. The standards shall be considered to be minimum requirements and shall be waived by the Township Supervisoor
only when, in their opinion, the literal application of these standards in certain cases would work undue hardship or would be plainly unreasonable; then the Township Supervisors may
grant such reasonable exceptions as will not be contrary to the public interest. -36-
SECTION 901: GENERAL SITE SUITABILITY No land shall be subdivided if such land is considered by the Commission to be unsuitabale for the use proposed by reason of flooding or improper
drainage, topography or other features harmffu to the health, safety and general welfare of future residents and the community as a whole, unless the plans for the project shall provide
adequate safeguards against such hazards. All development shall be coordinated with the existing nearby neighborhoods so that the community as a whole may develop harmoniouusly SECTION
902: BLOCKS AND LOTS A. BLOCK LENGTH: The design of blocks shall be not less than 500 feet nor more than 1800 feet long. A. BLOCK WIDTH: Blocks shall be designed to a width of two tiers
of lots and shall conform to the standards set forth herein, and generally have 300 feet between right-of-way lines. C. GRADING: Blocks and lots shall be graded to sufficient elevatiio
to secure drainage away from buildings and to prevent undesirrabl collection of storm water. Drainage shall be provided for according to recommendations of the Engineer or such other
official as may be designated by the Board of Supervisors. Topsooi shall be preserved and redistributed as ground cover, consissten with the erosion and sedimentation control measures
as shown in the Conservation Manual prepared by the Franklin County Conservation District. D. RESIDENTIAL UNITS: Area within any road or street right-ofwwa shall b e excluded in determining
whether any lot meets minimmu requirements set forth below. -37-
0 1. Single Family Residential Lots: (Minimum requirements): On-Lot Water On-Lot Sewer/On-Lot Water/Central Water and Sewer (1) Central Water (1) Central Sewer and Sewer Frontage 125
feet 125 feet 100 feet 80 feet Lot Depth 175 feet 175 feet 175 feet 150 feet Lot Area 21,875 21,875 17,500 12 ,000 sq.ft. sq.ft. sq.ft. sq.ft. 2. Single Family Semi-Detached Dwelling
Unit: (Minimum requireement for each dwelling unit) On-Lot Water On-Lo t Sewer/On-Lot Water/Central Water and Sewer (1) Central Water (1) Central Sewer and Sewer Lot Size 21,875 18,000
15,000 8 , 000 sq.ft. sq.ft. sq.ft. sq.ft. Lot Width 125 feet 120 feet 100 feet 80 feet Lot Depth 175 feet 150 feet 150 feet 100 feet Set-Backs for Single Family and Semi-Detached Units:
0 Public or private Street R.O.W.& 35 ft.from 35 ft.from 35 ft.from 30 ft.from front yard R/W R/W R/W R/W Side yards(ea) 10 feet 10 feet 10 feet 10 feet Rear yards 15 feet 15 feet 15
feet 15 feet Height(max.1 35 feet 35 feet 35 feet 35 feet Off-street parking (2) 2 spaces 2 spaces 2 spaces 2 spaces per dwelling -38-
a. When on-lot sewer facilities are to be utilized, the minimmu lot size may be increased by the Township's Sewage Enforcemeen Officer or the Department of Environmental Resources for
factors related to health and sanitation. b. Businesses conducted out of a residence shall provide adequuat parking off-street for all business related clientele, plus two spaces for
the residents. c. Non-Permanent Storage Buildings. Five ( 5 ) foot side yard and rear yard set backs shall be required for non-permanent storaag buildings of not more than 150 square
feet and 1 story on residential lots. Swimming pools shall observe regular set backs. 3 . Townhouses: Attached residences: (Minimum requirements) a. For each attached residential dwelling
project there shall be a minimum lot area of twenty-five thousand square feet (25,000 sq.ft. 1 . Per Dwelling Unit: Lot Area Lot width Public or Private Street and Front Yard set back
Side Yard for End Units Rear Yard Off-street Parking Height Active Play Area Minimum Distance between Groups or Units 2,500 sq.ft. 18 feet 20 feet 20 feet 30 feet 2.0 spaces 35 feet
100 sq.ft. 40 feet b. No less than three ( 3 ) and no more than eight ( 8 ) dwellinng shall be permitted in a unit or group. c. Central water supply and sewerage shall be provided for
developments containing more than three ( 3 ) dwelling units. -39-
d. A recreation area shall be furnished in townhouse develop-0 ment projects containing more than eighteen (18) dwelling units. Such area shall not be less than ten thousand (10,000)
square feet in land area, nor less than fifty (50) feet in its smallest dimension. For each dwelling unit above eighteen (181, an additioona three hundred (300) square feet per dwelling
unit shall be allocated to the total recreation area. e. Where any townhouse project is proposed to be developed in conjuntion with apartments, the recreation area requirements as provided
in Section 4(a) shall be dsigned for and made accessible to the townhouse residents in addition to the requirements for multiple dwelling residents. The Board of Supervisors reserve
the right to increase the active plan area requirements upon recommenndatio of the Planning Commission when in its opinion additioona area is necessary to accommodate the needs of the
mixed use development in accordance with the spirit and objectives of the Ordinance. 4. Multiple Dwelling Residences -Garden Apartments (Minimum requirements) a. Each multiple dwelling
residential project shall contain a minimum of forty thousand (40,000) square feet of lot area in accordance with the following minimum standards. Lot Width Lot Depth Each Side Yard
(exterior) Rear Yard Public or Private Street and Front Yard set back Off-street Parking per dwelling unit Minimum Distance between Units Height (maximum) Recreation Area (minimum) Per
Dwelling Unit: Efficiency 1 Bedroom 2 Bedroom 150 feet 150 feet 20 feet 30 feet 30 feet 2.0 spaces 40 feet 35 feet (23 stories) 5,000 sq. ft. 75 sq. ft. 100 sq. ft. 125 sq. ft. -40-
3 or more Bedrooms 150 sq. ft. b. The maximum number of dwelling units permitted shall be determined on the basis of two thousand (2,000) square feet of lot area exclusive of public
rights-of-way for each dwelling unit. c. The length of any unit shall not exceed one hundred and fifty feet (150'0"). d. Central water supply and sewerage shall be provided. e. There
shall be one hundred foot (100'0") setback from the property line adjacent to any existing dwelling or residential district. 5. Homeowners Associations A. Whenever a developer or owner
proposes to provide land or structures for the benefit of only particular home owners of a project such as usable open space and active play areas, a Homeownner Association shall be
established in accordance with the following provisions. 1. The Homeowners Association shall be established as an incorpoorate organization operating under recorded land agreements through
which each lot owner (and any succeeding owner) is automatiicall a member, and each lot is automatically subject to a charge for a proportionate share of the expenses for the organizatioon'
activities. Additionally, specific provisions shall be established, which define completely all membership requirements of all non-lot owners in the event rental units are included in
the project. 0 2. The Homeowners Association's Declaration of Covenants, Conditions, and Restrictions shall as a minimum establish the f 011 owing : a. Property Rights including the
owner's easements of enjoyymen and delegation of use. -41-
b. Membership and Voting Rights including any distinction ' 0 between membership classes. c. Covenant for Maintenance Assessments including the creatiio of the lien and personal obligation
of assessments, purpose of assessments, the maximum annual assessments, special assessmeent for capital improvements, uniform rate of assessment, due dates, effect of non-payment of
assessments, and subordination of the lien to mortgages. d. Architectural and Exterior Maintenance Control. e. General Provisions including enforcement, amendments, and property annexation
procedures. 3 . The developer or owner shall assume all responsibilities for the Homeowners Association until seventy-five percent (75%) of the dwelling sites are sold or until such
time as the Homeownner formally assume such responsibility. Once the Homeowners Association is established, the developer or owner shall be responnsibl for payment of dues to the Homeowners
Association for lots which he owns. 4. Staged Developments: If the developer or owner proposes to construct the project over a period of separate stages, the Homeowners Association shall
also be staged consistent with the development time schedule. 0 5 . Approval: The Township Supervisors shall retain the right to review and approve the articles of incorporation and
all Declarattion of Covenants, Conditions, and Restrictions of the Homeownner Association. (For the sake of consistency within the Townshhip it is recommended that the United States
Department of Housiin and Urban Development, Federal Housinq Administration's Sua-4 gested Legal Documents for Planned Unit Diivelopments, FHA Form 1400 and VA Form 26-8200 be consulted.)
E. COMMERCIAL LOTS: (Minimum requirements) Minimum Frontage Minimum Depth Minimum Area -42-200 feet 200 feet 40,000 sq. ft.
Set-Backs: Public or Private Street/R.O.W. Front Yard Side Yard Rear Yard 50 feet 25 feet 25 feet Set-backs for "temporary" or non-permanent buildings and mobile homes, whether for use
or sale, shall be 50% of those set forth above for commercial lots. Maximum lot coverage by impervious area, including building and parking, will be 75%. For lot area over 40,000 square
feet, the general lot configuratiio shall not exceed two and one-half times the frontage for the depth as a maximum factor. For all commercial and industrial business not conducted within
a residence, the general standards above shall apply. When on-lot sewer facilities are to be utilized, the minimum lot size may be increased by the Township Sewage Enforcement Officer
or the Department of Environmental Resources for factors relating to health and sanitation. F. SOIL ANALYSIS AND PERCOLATION TESTS: For each application that proposes on-lot sewage disposal,
a soil analysis and percolatiio test shall be required by the Township on each proposed lot. From the results of these tests, the lot size shall be establisshe large enough to provide
for the specified minimum area required for the absorption field as prescribed in accordance established large enough to provide for the specified minimum area required for the absorption
field as prescribed in accordannc with the requirements of the Pennsylvania Department of Environmmenta Resources; but in no case shall the lot size be less than that set forth in Section
902 of this Ordinance. G. LOT DESIGN: Double fronting lots shall not be permitted. Lots shall be designed to have side-lines at approximately right angles or be radial to street lines
so long as reasonably shaped -43-
lots result. Lots adjoining major thoroughfares shall be accessse via a road other than the major thoroughfare. 0 H. HOUSE NUMBERS: House numbers may be assigned to each lot by the Township
in accordance with the approved Franklin County Plan. I. SIGNS: isting clear ways. SECTION 903: A. STREET P ny sign shall be placed so as to maintain the exsiigh distance at intersections,
curves, and drive-STREETS TTERN: The arrangement, character, extent, width, grade and location of all streets shall conform to the Official Map and shall be considered in their relation
to existing and planned streets, to topographical conditions, to public convenieenc and safety, and in their appropriate relation to the propoose uses of the land to be served by such
streets. When the streets are not shown on the Official Map, the followwin design standards shall be met for the arrangement of new streets: where reasonable and practical, new streets
shall be laid out to continue existing streets at no reduction in width, or when adjoining areas are not subdivided, the arrangement of streets in a subdivision or land development shall
make provisiion for the proper projection of streets into such adjoining areas with considerations for drainage and extensions of public utilities. 0 B. STREET WIDTHS: Streets shall
be designed with a minimum right-of-way of fifty (50) feet and a minimum paved cart way of twenty (20) feet in width; however, additional street width may be required as determined by
the Township. C. ALLEYS: No alleys will be permitted by the Township under this Ordinance. D. STREET NAMES: Continuations of existing streets shall be known by the same name; but names
of other streets shall not dupliicat or closely resemble names for existing streets within the -44-
community and must be approved by the County Civil Defense Offiice E. DEAD END STREETS: Dead end streets are prohibited unless constructed as cul-de-sacs not exceeding 800 feet in length,
with a turn around having a diameter of 100 feet of which a minimum of 80 feet shall be paved. F. CLEAR SIGHT DISTANCE: Clear sight distance along the centerliin of streets shall be
maintained at not less than 250 feet. For any streets intersecting existing major streets or highways, the greater of 450 feet or PennDOT's sight distance will prevail for the respective
speed limit posted. G. GRADES: There shall be a minimum centerline grade of 5/10th of one percent and a maximum of 10 percent. T I . HORIZONTAL CURVES: Changes in street direction by
horizontal curves shall have a minimum radius of 500 feet, measured at the centerline. Shorter radii will be permitted on the recommendatiio of the Township Engineer. I. CROWNS: The
slope of the crown shall be between 1/8" and 1/3" per foot as directed by the Township Engineer. J. VERTICAL CURVES: Changes in grade shall be joined by verticca curves; and the maximum
rate of change of grade shall be five ( 5 ) percent per hundred feet of road, provided that the clear sight distances specified above are maintained at all points. R. SIDE SLOPES: 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 gullying and erosion. L. INTERSECTIONS: Street intersections shall be designed accordiin to the following standards: 1. No more than two ( 2 ) streets shall cross at the same
point. Street intersections shall be at right angles wherever possible, and intersections of less than sixty (60) degrees (measuure at the centerlines oE the streets) will not be permitted.
-45-
2. Intersecting street shall not enter into the same side of collector or major streets at intervals of less than eight-hundrre feet ( 8 0 0 ' 0 " ) . Minor 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 (150'0") between centerlines measured along
the centerlines of the cross street. Greater off-set may be required by the Townshhi Supervisors depending on the importance of the cross street. 3. Maximum grade within any intersection
shall not exceed five percent in any direction, and approaches to any intersection shall follow a sltraight course within one hundred feet (100'0") of the intersection. 4. Curb radii
at intersections shall be according to the followwin schedule of minimum lengths: Fifteen feet (15'0'') for interseection of alleys and all streets; twenty feet (20'0") for minor streets;
and thirty feet (30'0") for major and collector streets. Where streets of different categories intersect, requireement for the larger radius shall hold. The minimum radius of intersecting
rights-of-way lines shall be forty feet ( 4 0 ' 0 " ) . 5. Except where buildings are permitted to front on property lines, a seventy-five foot (75'0") clear sight triangle shall be
provided, in which no building or structure, wall, fence, hedge, tree, shrub or other growth over thirty inches (30") in height shall be placed except for utility poles, light standards,
street signs and fire hydrants. 0 m, Curbs: Curbs and gutters shall be constructed for the full length of all streets as may be judged necessary by the Townshhi Supervisors to assure
the public safety and welfare. n. Sidewalks: Sidewalks shall generally not be required unlees the Planning Commission recommends that they be installed in high density residential areas
to protect pedestrians. If sidewaalk are required, the pavement shall not be less than four ( 4 ) feet in width. The Planning Commission may recommend wider pavemeent in high density
residential and commercial areas. -46-
0. Storm Sewerage: Provision of storm sewerage inlets, catch basins and manholes shall meet the requirements of the Township as regards both design and location. SECTION 904: STREET
AND ROAD CONSTRUCTION All streets and roads to be dedicated to the Township shall be paved with the use of a motor-paver and shall meet the following minimum standards: 1. Adequate surface
and subsurface drainage shall be provided in accordance with approved plans. 2. All topsoil and unsuitable material shall be removed from the area to be paved. A. SPECIFICATIONS FOR
USING MOTOR-PAVER INSTALLING FB-1 1. There shall be installed a base to consist of six inches ( 6 " ) of compacted stone, or as an alternate, four inches ( 4 " ) of compacted shale and
four inches ( 4 " ) of compacted stone, under the paved surface of the cartway. A minimum of four inches ( 4 " ) of compacted stone shall be installed in the shoulder of the road which
shall extend four feet ( 4 ' ) on both sides of the pavement. All stone shall be 2-RC and 2-A modified. Supervisors s h a l l apprrov base before FB-1 is applied. 2. The bituminous binder
course shall be FB-1, a minimum compaccte depth of three inches ( 3 " ) using Number 57 PennDOT compaccte depth of three inches (3") using Number 57 PennDOT approove aggregate with a
minimum of 5% by weight of E-5 emulsion for each ton of aggregate. 3. The bituminous wearing course shall be FB-1, a minimum compacted depth of one inch (1") using Number 8 PennDOT approved
aggregate with a minimum of 6% by weight of E-5 emulsion for each ton of aggregate. 4. The binder and wearing course shall be tightly rolled with an 8 to 12 ton roller. -47-
e 5. All road oil and aggregate used shall meet Pennsylvania Department of Transportation specifications as per (PUB No. 408, 1983 1 . 6 . Supervisors shall reserve the right to increase
the percenntag of Emulsion needed based on the condition of the aggregaat used. B. SPECIFICATIONS FOR USING MOTOR PAVING INSTALLING ID-2 1. There shall be installed a base to consist
of six inches ( 6 " ) of compacted stone or, an alternate, four inches (4") of compacted shale and four inches ( 4 " ) of compacted stone under the paved surface of the cartway. A minimum
of four inches ( 4 " ) of compacted stone shall be installed in the shoulder of the road which shall extend four feet (4') on both sides of the pavement. All stone shall be 2-RC or 2-A
modified. Supervisors shall apprrov base before ID-2 is applied. 2. The bituminous binder course shall meet ID-2, PennDOT standaard as per Publication 408, Section 421. It shall be a
minimum compacted depth of two inches (2"). 3 . The bituminous wearing course shall be ID-2, PennDOT standaard per Publication 408, Section 420. It shall be a minimum compacted depth
of one inch (1''). 4. The binder and wearing course shall be tightly rolled with an 8 to 12 Ton Roller. 5. All Road Oil and Aggregate used shall meet Pennsylvania Department of Transportation
specifications as per (Pub. No. 408, 1983). 6 . Where curbs are required, the pavement shall extend from curb to curb and shall not be less than thirty-two feet (32') wide. C. PRIVATE
STREETS OR EASEMENT 1. Easements or private rights-of-way or strips of land granted in fee providing access to adjacent subdivisions or land -48-
developments directly from a public street ordained before July lst, 1990, shall be permitted providing no more than three ( 3 ) lots or dwelling units are serviced by such easements
or private rights-of-way. Furthermore, all easements or private rights-ofwwa shall have a minimum width of twenty (20) feet and shall be so noted on the recorded
plan. 2. Any subdivision or land development of more than three ( 3 ) lots or dwelling units which has access provided by easements or private rights-of-way or strips of land granted
in fee shall as a minimum be designed in accordance with all the provisions of Articcl Nine of this Ordinance. 3. Dedications: Whenever a subdivider or developer proposes to establish
and construct a system of streets which shall be private streets, he shall submit an agreement on behalf of his heirs and assigns with the Township. Said agreement shall be subject to
the Township Solicitor's approval, and shall be recorrde with the subdivision plan. Said agreement shall establish the conditions under which the street or streets may later be offered
for dedication to the Township and shall stipulate among other things.: A. That the street shall meet the standards cited in Article Nine as certified by the Township Engineer, or that
the owners of t h e lots along it agree to include with the offer of dedication sufficient money, as estimated by the Township Engineer, to resttor the street to the standards cited
in Article Nine. B. That an offer to dedicate the street shall be made only for the street as a whole. C. The method of assessing repair costs. D. That agreement to offer the street
for dedication by the owners of sixty (60%) per cent of the lots shall be binding on owners of the remaining lots. E. All private streets shall be constructed to the current specification
established by the Township Supervisors. -49-
SECTION 905: STANDARDS FOR SEWER AND WATER SYSTEMS AND UTILITIES A. Public Sewer If a public sanitary sewer system is available within one thousaan (1,000) feet of any part of the proposed
subdivision, mobile home park or land development, the subdivider or developer shall design and install a system including laterals which shall be connected to the public system and
which shall serve every propertt within the proposed project. All plans and installations shall be subject to the rules and regulations of Peters Township Municipal Authority. Where
a sewer system is not yet available, but is planned for extension to the project, the subdivider or developer shall install all sewer lines, including lateral connectioons necessary
to provide adequate service to each lot when connection with the sewer system is made. The lines so installed shall be capped. B. On Lot Subsurface Sewage Systems Percolation tests and
soil analysis in accordance with the Rules and Regulations of the Pennsylvania Department of Environmental Resources shall be required for every lot. From the results of these tests,
the lot size shall be established large enough to provide for the specified minimum area required for the absorptiio field as prescribed in accordance with the requirements of the Pennsylvania
Department of Environmental Resources, but in no case shall the lot size be less than as set forth in Section 902. A liquid waste disposal permit shall be required for any sewage installation
made in the Township regardless of the nature, lot size or classification of the real estate or system. C. Utilities Where common utility lines are installed in or over undedicated land,
a public easement six (6) feet on 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 to
serve the project. Where feasible, telephone and electric lines shall be installed below ground. -50-0 0 8
Installation of all sewers, water mains, street lights, manholes, and other utilities, shall be in strict accordance with the engineeerin standards and specifications of the Township,
municipal authority, or other public utility concerned. D. Water Supply If water is to be provided by means other than by private wells owned and maintained by the individual owners
of lots within the subdivision or development applicants shall present evidence to the planning commission that the subdivision or development is to be supplied by a certificated public
utility, a bona fide cooperatiiv association of lot owners, or by a municipal corporation, authority or utility. A copy of a Certificate of Public Convenieenc from the Pennsylvania Public
Utility Commission or an appliccatio for such certificate, a cooperative agreement or a committmen or agreement to serve the area in question, whichever is appropriate, shall be acceptable
evidence. SECTION 906: DRIVEWAY PERMIT No driveway shall be connected to any township road without first obtaining a driveway permit for an existing lot or subdivision approval for a
new lot. In the event the driveway connects to a State road, the applicant shall follow the procedures and comply with the requirements of PennDOT. In the event the driveway connects
to a Township road, the applicaan shall present a drawing of the lot and the proposed and/or existing structure, the proposed drive in reference to the Townshhi road on the form prescribed
by the Township. The drawing shall be accompanied by the following information: -posted speed limit; -clear sight distance in either direction (which must comply with PennDOT regulations,
unless a lesser clear sight distance is approved by the Township Engineer which approval shall not be given unless the driveway can be used safely); -51-
-grade of the connecting roadway at intersection with propoose drive for a distance equal to the required clear sight distannce -the driveway shall be marked on the site by use of a
survey staple, with colored ribbon attached. All applications shall be reviewed and granted or denied by the Township Supervisors and shall not be granted unless the driveway can be
used safely. The cost of each driveway permit shall be $35.00. SECTION 907: EROSION AND SEDIMENT CONTROL STANDARDS AND SPECIFICATTION A. The installation and design of required erosion
and sediment control facilities shall be in accordance with standards and specificaation contained in the Erosion and Sediment Control Handbook prepared by the Franklin County Conservation
District. B. Stream channel construction on watersheds with drainage areas in excess of three hundred twenty (320) acres, or in those cases where downstream hazards exist will conform
to criteria enforced by the Division of Dams and Encroachments, Pennsylvania Departmeen of Environmental Resources, Harrisburg, Pennsylvania, 17120. SECTION 908: OTHER PUBLIC FACILITIES
Land Marks: Wherever possible, subdividers or developers shall preserve trees more than six (6) inches in diameter four ( 4 ) feet above the ground, groves, waterways, scenic points,
historic spots, and other community assets and landmarks. SECTION 909: MOBILE HOME SKIRTING In the event that a mobile home is established on a residential lot an enclosure of compatible
design and material shall be erected around the entire base of the mobile home. Such enclosuur shall provide sufficient ventilation to inhibit decay and deterioration of the structure.
-52-
MOBILE HOME PARK REGULATIONS SECTION 1000: PROCEDURE -MOBILE HOME PARK PERMIT A. PROCEDURE No person, firm, or corporation shall construct, maintain, or operate a Mobile Home Park within
the Township without obtaining a Mobile Home Park Permit from both the Township and the Departmeen of Environmental Resources. The procedure for reviewing mobile home park plans shall
be the same as for subdivisions and land development plans in accordance with the provisions of this Ordinance. Unless specified in this Article, the design standaard and improvement
requirements for mobile home parks shall be the same as for subdivision and land development projects in accorddanc with the provisions of this Ordinance, except as modifiie by this
Article X. B. RENEWABLE MOBILE HOME PARK PERMIT 1. The Board of Supervisors may grant a Mobile Home Park permmi for a period not to exceed twelve (12) months from the date of approval
of such permit which shall be renewable every twelve (12) months. The Board of Supervisors or its duly duly authorized representative shall inspect each Mobile Home Park prior to granting
an annual permit for conformance with the Provisions of this Ordinance and any other applicable regulations. The permit fee shall be established by the Township Supervisors. 2. It shall
be incumbent upon the proprietor of a Mobile Home Park to keep a register and to report therein the name of the person or head of family occupying each mobile home, showing date of entry
on the land, make and size of the mobile home, and the names of all persons living in the mobile home. The register shall be subject to inspection periodically by the Board of Supervissors
C. EXISTING MOBILE HOME PARKS The operators of existing Mobile Home Parks shall have six ( 6 ) months from date of enactment of this Ordinance to comply with the provisions of the Ordinance
and to obtain a permit or to -53-
e e apply for an exception where such compliance would be an undue hardship. SECTION 1001: PLAN REQUIREMENTS Prior to the issuance of a Mobile Home Park Permit, plans shall be submitted
to and approved by the Township in accordance with the requirements and procedures of the Ordinance regarding preappliccatio consultation, Preliminary Plans, and Final Record Plans.
SECTION 1002: APPROVAL OF SITE PLANS 1. Objectives -In considering and acting upon Site Plans, the Planning Commission and the Board of Supervisors shall take into consideration the
public health, safety and welfare, the comfort and convenience of the public in general and of the resideent of the immediate neighborhood in particular, and may prescrrib appropriate
conditions and safeguards as may be required in order that the result of its action may, to the maximum extent possible, further the expressed intent of this ordinance, and the accomplishment
of the following objectives in particular: 2. Traffic Access -That proposed streets are adequate adequate in number, width, grade, alignment and visibility to ensure safe access to all
areas of the site. 3 . Circulation and Parking -That adequate off-street parking and loading spaces are provided to prevent parking in public streets of vehicles of any persons living
at or visiting the site and that the street system provides safe access to all required off-street parking spaces. 4. Landscaping and Screening -That all service areas are reasonably
screened at all seasons of the year from the view of adjacent residential lots and streets and that that general landscaapin of the site is in character with that generally prevailiin
in the neighborhood. Existing trees over six (6) inches in diameter measured four ( 4 ) feet above the average ground level shall be retained to the maximum extent possible. -54-
5. Illumination -that lighting from outdoor field or spot lighting and illuminated signs will be properly shielded so that ~-such lighting will not adversely affect any abutting property
or public street. SECTION 1003: SITE PLAN ELEMENTS: The applicant shall cause a Site Plan map to be prepared by a civil engineer, registered surveyor or architect. Site Plan elemeent
shall include those listed below which are appropriate to the proposed development. 1. Leual Data (a) Lot, block and section number of the property taken from the latest tax records.
(b) Name and address of the owner of record, (c) Name and address of person, firm or organizaatio preparing the map. (d) Date, north point, and written and graphii scale. (e) Sufficient
description or information to define precisely the boundaries of the propertty All distances shall be in feet and hundreedth of a foot. All angles shall be given to the nearest ten (10)
seconds or closer. The error of closure shall not exceed one (1) in ten thousand (10,000). (f) The locations, names and existing widths of adjacent streets and curb lines. (g) The locations
and owner of all adjoining lands as shown on the latest tax records. (h) Location, width and purpose of all existtin and proposed easements, set-backs, -55-
reservations, and areas dedicated to public use within or adjoining the property. (i) A complete outline of existing deed restricction or covenants applying to the properrty (j> Existing
zoning, if 2. Natural Features any. (a) Existing contours w th intervals of . .ve ( 5 ) feet or less, referred to a datum satisfacctor to the Board. (b) Approximate boundaries of any
areas subjeec to flooding or storm water overflow. (c) Location of existing watercourses, marshes, wooded areas, rock outcrops, isolaate trees with a diameter of six (6) or more inches,
measured four ( 4 ) feet above the average ground level, and other significaan existing features. (d) Soil percolation test results as required by the Board. (e) Detailed soil survey
map as required by the Board. 3 . Existing Structures and Utilities on and within Two Hundrre (200) Feet of the Site (a) Location of uses and outlines of structuure drawn to scale. (b)
Paved areas, sidewalks and vehicular access. (c) Location, dimensions, grades and flow direction of existing sewers, culverts, water -56-
lines as well as other underground and above ground utilities within and adjacent to the property. (d) Other existing development, including fences, landscaping, and screening. 4. Proposed
Development (a) The location of proposed buildings or structural improvements. (b) The location and design of all uses not requiring structures, such as off-street parking and loading
areas. (c) The location, direction, power and time of use for any proposed outdoor lighting or public address systems. (d) The location and plans for any outdoor signs. (e4 The location
and arrangement of proposed means of ingress and egress, including sidewallks driveways, or other paved areas. Profiile indicating grading and cross-sections showing width of roadway,
location and width of sidewalks, and location and size of water and sewer lines. (f) Any proposed grading, screening, and other landscaping including types and locatiion of proposed
street trees. (g) The location of all proposed water lines, valves and hydrants and of all sewer lines and manholes or alternate means of water supply and distribution and sewage disposal
and treatment. -57-
(h) An outline of any proposed deed restrictiion or covenants. 0 (i) Any contemplated public improvements on or adjoining the property. (j> If the Site Plan only indicates a first stage,
a supplementary plan shall indicate ultimate development. (k) Any other information deemed by the Board of Supervisors to he necessary to determine conformity of the Site Plan with the
intent and regulations of this ordinance. SECTION 1004: PARK SITE The park site shall be well drained and have such grades and soil as to make it suitable for the purpose intended. All
such parks shall be planned as a unit and shall be located on a single tract. The area of the site shall be in single ownership or under unifiie control. SECTION 1005: LOT REQUIREMENTS
A. All lots in any Mobile Home Park shall be well drained and graded to a point where mobile homes may be parked safely. In all instances as much natural vegetation as is reasonably
possibbl shall be preserved by any Mobile Home Park developer. 0 B. Individual mobile home lots located in a Mobile Home Park shall contain at least six thousand (6,000) square feet
of l o t area and shall not be less than sixty (60) feet wide at the buildiin setback line exclusive of easements. C. In computing the maximum number of mobile home lots that may be
created, any lands which are located within a flood plain area, which are subject to either periodic flooding or chronic wetness, or which have a slope in excess of twenty-five (258)
percent shall not be considered part of the total gross area. -58-
D. All Mobile home lots shall be given street numbers and all park streets shall be given names. SECTION 1006: YARD AND SETBACK REQUIREMENTS A. All mobile homes and any mobile home park
accessory or storage buildings shall be located at least thirty-five (35) feet from any street right-of-way which abuts a mobile home park boundary and at least fifty (50) feet from
any other boundary of the park. B. There shall be a minimum distance of twenty ( 2 0 ) feet between an individual mobile home and adjoining pavement of park street or common parking
area or other common areas. C. All mobile homes shall be separated from each other and from other buildings by at least twenty (20) feet. SECTION 1007: PARK STREET SYSTEM A. Park Access
-Access to Mobile Home Parks shall be designed to minimize congestion and hazard at the entrance or exit and allow free movement of traffic on adjacent streets. Each Mobile Home Park
shall be provided with at least two ( 2 ) points of ingress and/or egress and a distance of at least one hundred fifty (150) feet shall be maintained between centerlines of access streets.
B. Lot Access -All Mobile Home Parks shall be provided with safe and convenient paved access streets to and from each and every mobile home lot. C. Streets -All streets within any Mobile
Home Park shall have a minimum right-of-way width of fifty (50) feet, and a minimum pavemeen width of twenty-four (24) feet with a six ( 6 ) foot stabiliize shoulder on either side.
One way streets shall have a minimmu right-of-way width of twenty-eight (28) feet and a minimum pavement width of twelve (12) feet with a six ( 6 ) foot stabilized shoulder. Streets
shall be paved in accordance with Township specifications and shall be kept in good repair. The Township shall have no responsibility to accept any Park Streets for dedicattio as township
roads: the owner shall have the responsibility to keep Park Streets in good repair. -59-
D. Intersections -Not more than two (2) streets shall intersect at any point and a distance of at least one hundred fifty (150) feet shall be maintained between centerlines of offset
intersectiin streets. SECTION 1008: REQUIRED OFF-STREET PARKING A. Off-street parking areas shall be provided in all Mobile Home Parks for the use of park occupants and guests. Such
areas shall be furnished at the rate of at least two (2) vehicular parking spaces for each mobile home lot. R. Each off-street parking space shall contain at least two hundrre (200)
square feet and shall not exceed a distance of one hundred fifty (150) feet from the mobile home lot that it is intennde to serve. SECTION 1009: BUFFER STRIPS A suitably screened or
landscaped buffer strip at least ten (10) feet wide, approved by the Commission shall be provided by the developer along all of the property and street boundary lines separati'ng the
park from adjacent owners. SECTION 1010: SIGNS AND LIGHTING A. Signs may be permitted subject to the approval of the Township Board of Supervisors. B. All means of ingress and egress,
walkways, streets and parking lots shall be adequately constructed, maintained and lighted at the expense of the park owner. SECTION 1011: UTILITY IMPROVEMENTS A. SEWER AND WATER: All
mobile homes shall be connected to sewer and water systems approved by the Department of Environmental Resources and the Township Municipal Authority. B. ELECTRICAL DISTRIBUTION: All
mobile home parks shall have underground electrical distribution systems which shall be in--60-
stalled and maintained in accordance with the local electric a power company's specifications regulating such system. C. NATURAL GAS SYSTEM: Any natural gas system shall be installed
and maintained in accordance with the regulations and specificatiion of the company supplying the natural gas. D. LIQUIFIED PETROLEUM GAS SYSTEM: Liquified petroleum gas systeem provided
for mobile homes, service buildings or other struc--tures shall include the following: 1. Systems shall be provided with safety devices to relieve excessive pressures and shall be arranged
so that the discharge terminates at a safe location. 2. Systems shall have at least one (1) accessible means for shutting off gas. Such means shall be located outside the mobile home
and shall be maintained in effective operating condition. 3 . All LPG piping outside of the mobile homes 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 in mobile homes. 4 . Any vessel containing liquified petroleum gas shall be securely but not
permanently fastened to prevent accidental overturnning e 5. No LPG vessel shall be stored or located inside or beneath any storage cabinet, carport, mobile home, or any other structure
unless such installations are specifically approved by the Townshhip E. FUEL OIL SUPPLY SYSTEMS: All fuel oil supply systems provided for mobile homes, service buildings and other structures
shall be installed and maintained in conformity with the following regulatioons 1. All piping from outside fuel storage tanks or cylinders to mobile homes shall be securely, but not
permanently, fastened in place. -61-
0 2. All fuel oil supply systems provided for mobile homes, service buildings and other structures shall have shutoff valves located within five (5) inches of storage tanks. 0 3. All
fuel storage tanks or cylinders shall be securely placed and shall not be closer than ten (10) feet from any mobile home exit. 4 . Storage tanks located in areas subject to traffic shall
be protected against physical damage. SECTION 1012: USABLE OPEN SPACE A. All mobile home parks provide not less than ten (10) percent of the total land area for usable open space purposes.
'Usable open space shall be so located as to be free of traffic hazards and should, where the topography permits, be centrally located and easily accessible to all park residents. B.
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
preventiin soil erosion and the emanation of dust during dry 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. a SECTION 1013: SCREENING Screening as defined herein shall be provided by the developer along all of the property and street boundary lines separating
the park from adjacent uses, excepting the public street or road. SECTION 1014: WALKWAYS 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 ( 4 ) feet. -62-
e 0 0 SECTION 1015: ANCHORING A. Every mobile home shall be firmly anchored to withstand a lateera wind pressure of fifteen (15) pounds per square foot. B. The dead load resisting moment
of a mobile home shall not be less than one and one-half (14) times the overturning moment due to wind and other lateral forces. The foundation and superimppose earth loads may be included
provided the anchorage is sufficient to develop these weights. The Township Engineer shall determine the sufficiency of the method of anchorage. SECTION 1016: OTHER SITE IMPROVEMENTS
A. Each mobile home lot shall be provided with a four ( 4 ) inch concrete slab on a stable surface at least seven (7) feet by twenty-two (22) feet in size for use as terrace and so located
so as to be adjoining and parallel to the mobile home. Such slab shall contain an electrical outlet to which the electrical system of the mobile home shall be connected. B. There shall
be provided in each Mobile Home Park such other improvements as the Commission may require to ensure the health, safety and welfare of the Park residents. C. An enclosure of compatible
design and material shall be erected around the entire base of each mobile home. Such enclosuur shall provide sufficient ventilation to inhibit decay and deterioration of the structure.
ARTICLE XI TOWNSHIP REVIEW FEE FOR SUBDIVISION AND LAND DEVELOPMENT: TOWNSHIP ENGINEERING FEE SECTION 1100: TOWNSHIP REVIEW FEE FOR SUBDIVISION AND LAND DEVELOOPMEN At the time of application
for subdivision approval or for approova of land development, by submission of a preliminary plan, or a final plan, for any tract of land located totally or partial--63-a 0 0
ly within the boundaries of Peters Township, the applicant shall pay to the Township, a fee, as listed below, for the cost to the Township for review of such plan and any relevant data
pertaining thereto. The review fee is payable for township review and is not contingent in any way upon approval or disapproval of the plan submitted. The review fee shall cover both
preliminary and final plans. The review fee shall be determined on the basis of the following schedule: SUBDIVISION First lot $50; each additional lot up to 5, $10.00 per lot; each additional
lot, $5.00 per lot. LAND DEVELOPMENT $50.00 minimum fee $10.00 per acre, 1 to 10 acres inclusive; plus $ 5.00 per acre, 10 to 50 acres inclusive; plus $ 2.50 per acre, 50 to 100 acres
inclusive; plus $ 1.00 per acre, over one hundred acres. In addition to the above fees, the developer shall reimburse the Township for the actual cost of legal services required in the
0 preparation or review of documents necessary for plan approval. SECTION 1101: TOWNSHIP ENGINEERING FEE Subsequent t o submission of the preliminary plan, the township shall notify
the applicant in writing that the applicant should file with the township a check, payable to the township, for an amount recommended by the township engineer, and approved by the township,
which will be sufficient to cover the cost of: (1) Reviewing the plan's engineering details. (2) Inspecting the layout of the site for conformance to the plan. ( 3 ) Reviewing the results
of percolation tests. ( 4 ) Reviewing cost estimates of required improvements for bonds or other purposes. (5) Inspecctin required improvements during installation. ( 6 ) Final inspection
of the required improvements. ( 7 ) Review of storm water management facilities design. Fees to be charged to t h e applicant shall be based on the township engineer's hourly fees charged
to the township, as established by resolution. The town--64-
ship engineering fee to be charged to the applicant shall not exceed the fee set forth in the original notice to the applicant, unless plan revisions require additional review by the
township engineer. Any unexpended deposit shall be refunded to the applicaant In the event the applicant objects to or is dissatisfied with the amount of the township engineering fee,
the applicant shall forwaar specific written objections to the township within ten days of receipt of demand from the township for the deposit of the township engineering fee. The township
Board of Supervisors shall review the written objections of the applicant, and forthwiith notify the applicant in writing of its determination. In the event that the township and the
municipality cannot agree on the amount of review fees the applicant and township shall follow the dispute resolution procedure outlined in Section 510 (g) of the Municipalities Planning
code. SECTION 1102: FRANKLIN COUNTY PLANNING COMMISSION FEE Each application for subdivision or land development plan approova submitted to the township of Peters shall also be accompaniie
by a check from the applicant made payable to the County Planning Commission in the amount of the fee which the commission may impose from time to time for review of plans and related
documennts 0 ARTICLE XI1 STORM WATER MANAGEMENT SECTION 1200: PURPOSES AND SCOPE A. The specific purpose of these provisions is: consistent with the Franklin County official storm water
managemeen plan, or as determined by the Township. 1. To plan and manage storm water runoff in each water shed 2. To regulate the subdivision, mobile home parks, and/or development of
land within any designated watershed in a manner consistent with the Franklin County official storm water manage--65-
ment plan, or as determined by Peters Township, as set forth hereiin 3. To protect the life and property of homeowners located downstream and out of the designated flood zone. 4 . To
maintain and restore the flood carrying capacity of streams . 5. TO protect and conserve groundwater and groundwater rechaarg area. 6 . To protect the "Water of the Commonwealth" from
excessive sedimentation resulting from development of land and earthmoving activities. €3. Scope: A Storm Water Management Plan shall be required for each subdiviisio or land development
plan at both the preliminary and final plan submittal stage. 4s an integral part of the SWMP, Erosion and Sedimentation Control measures shall be included. SECTION 1201: APPLICATION
PROCEDURES AND REQUIREMENTS Preapplication Procedures: A. Prior to the preparation of any plans,
the prospective developee or subdivider shall consult any applicable County s t o r m w a t e r management plan in conjunction with the requirements set forth in t h i s Ordinance.
B. Prospective subdivider or developer shall consult the County Conservation District representative to determine the most effectiiv erosion and sedimentation control measures to be
utilized on the development site. SECTION 1202: PRELIMINARY PLAN REQUIREMENTS FOR STORM WATER MANAGEMENT A. Content: The SWMP shall contain the following: -66-
r 0 1. A general description of the proposal project. 2. Project location on a 7.5 minute USGS map or equivalent. 3. A map showing: a. The location of the proposed subdivision and/or
land developpment or mobile home park development. b. The one hundred (100) year flood elevation, or municipalityy' designated 100-year flood prone area. c. Streams, swales, and drainage
patterns both existing and proposed. d. Project size and lot dimensions. e. Proposed storm water management plan. f . Areas subject to special deed restrictions affecting storm water
management, and a copy of deed restrictions in form for recording. g. Scope. h. Contours of existing and proposed final development elevatiion at intervals of 1 foot. In areas containing
steep slopes (greater than 15%), 5-foot contour intervals shall be used. 0 i. Locations of all buildings, roads, utility lines, structurres and culverts (existing and proposed). j. Storm
water management control devices, both existing and proposed. k. That part of the watershed up-slope of the subdivision. 1. The area affected down-slope of the subdivision by storm water
runoff. 4. Topographic features of the site and adjacent roads that are considered to impact upon the storm water management design. -67-
0 5. Runoff calculations and related design computations of the total drainage basin necessary to substantiate the proposed temporrar and permanent storm water management facilities.
6. Design and specifications of temporary and permanent storm water managment facilities. 7. Staging or Implementation Schedule for constructing the proposed storm water control system.
8 . Maintenance and Ownership provisions. 8. Design Standard Computations for determining storm water runoof and for the design of storm water management facilities shall be based upon
the Soil-Cover-Complex method described in TR-55, Urban Hydrology for Small Watersheds and based upon the following standards: 1. All pre-development calculations shall be based upon
existtin land use features, excepting however that agricultural uses shall be categorized by the following descriptions: Cultivaate Land with Conservation Treatment; Pasture, Good Condition;
Meadow, Good Condition; Farmstead; Pre-development stormwater runoff shall be calculated for a a ten year storm event. 2. Release rates from structures shall be based on the runoff from
the ten year predevelopment storm event. 3. Storage structures shall be designed such that the post development ten year peak discharge will not exceed the predeveloopmen ten year peak
discharge for the primary outlet structuure 4 . All storage structures or facilities will be designed with emergency spillways sufficient to handle the 25-year post developmeen storm
event. 5. Culverts, pipes, and other water carrying structures shall be designed to handle the peak discharge from the ten-year post development storm event. -68-
6. The SWMP shall include calculations indicating velocities of €low, grades, sizes, and capacities of water carrying structurres debris or sediment basins, and retention and detention
ponds and sufficient design information to construct such facilitiies 7. Storm water runoff shall be based on the following 24-hour storm event: STORM FREQUENCY 2 years 5 years 10 years
25 years 50 years 100 years 8. Maximum permitted velocities are a. Three ( 3 ) feet per second where can be established. INCHES OF RAINFALL 2.9 inches 3 . 8 inches 4 . 8 inches 5.1 inches
5.9 inches 6.4 inches as follows: only sparse vegetation b. Four (4) feet per second under normal conditions where vegetation can be established by seeding. c. Five ( 5 ) feet per second
where a dense vigorous sod can be quickly established or where water can be temporarily diverted during establishment of vegetation. d. Six (6) feet per second where well established
sod is in existence. e. For lined water carrying channels the following velocities are required: aa. 6-inch rock rip-rap up to 4 feet per second bb. 9-inch rock rip-rap up to 8 feet
per second cc. Asphalt up to 7 feet per second dd. Durable Bedrock up to 8 feet per second ee. 12-inch rock rip-rap up to 9 feet per second ff. Concrete or steel up to 12 feet per second
-69-
gg. The normal maximum velocity of open channels flows-shall not exceed 10 feet per second. 9. Energy dissipaters shall be placed at the outlets of all pipes where flow velocities exceed
maximum permitted channel velociities 10. Vertical pipes, inlets and other surface water receiving structures shall be installed with trash racks which can be easily maintained. 11.
Storm water runoff channels shall be designed and instaalle to avoid trapping excess sediment. 12. The rate of runoff after development must not exceed the rate of runoff before development.
1 3 . The storm water management plan must consider the managemeen of all storm water runoff flowing over the development site. 14. All storm water runoff retention and detention controls
shall be designed by an individual qualified and experienced in the design of storm water managment structures. 15. Storm water roof drains and pipes may discharge water into cisterns,
French drains, sheet drains or any other storm water runoff dispersion and absorption control devices, when not part of a storm water collection system. C. Erosion and Sedimentation:
Control measures shall be in accordannc with the applicable standards and specifications set forth in the "Soil Erosion and Sedimentation Control" handbook as prepaare by the Franklin
County Soil Conservation District. D. Ownership and Maintenance Program: Each SWMP shall contain provisions which clearly set forth the ownership and maintenance responsibility of all
permanent storm water management facilities. Including: 1. Description of Maintenance Requirements. -70-
2. Establishment of suitable easements for access to all faciliities 3 . Identification of the responsible party or entity for ownership and maintenance of both temporary and permanent
storm water management erosion control facilities. In meeting these requirements, the following priority is herein established. a. As a first priority, the facilities should be incorporatee
within individual lots so that the respective lot owners will own and be responsible for maintenance in accordance with recorrde deed restrictions. b. As a second priority, in the event
the first priority cannot be achieved, ownership and maintenance should be the responsiibilit of a Home Owners Association. The stated responsibiliitie of the Home Owners Association
in terms of owning and maintaining the storm water management facilities shall be submittte with final plans for determination of their adequacy, and upon their approval shall be recorded
with the approved subdivisiio plan among the deed records of Franklin County, Pennsylvania. In addition, the approved subdivision plan and any deed written from the plan for a lot or
lots shown herein shall contain a condittio that it shall be mandatory for the owner or owners of the lot to be members of the Home Owners Association. c. The Township, its agents, and
employees shall have the right to enter all lands where storm water management and erosion and sedimentation control structures are located for the purpose of inspecting the facilities.
d. Municipal Ownership. Where municipal ownership is requeeste by the applicant, the following shall be provided by the applicant: aa. Easements to all facilities. hb. A financial resource
acceptable to the Township to defrra 100% of the maintenance cost for a period of at least 10 years, as agreed to by the Township. -71-
SECTION 1203: FINAL PLAN REQUIREMENT The following information shall be required as part of the final plan: A. All information required for the submission of the preliminary plan incorporating
any changes required by this Ordinance or State Law, or made by the developer. B. A l l required permits or letters stating such permits will be issued pending municipa1it.y approval
from the Department of Environmmenta Resources, Pennsylvania Department of Transportation, Public Utility Commission, Department of Community Affairs, or other state agency, if so applicable.
C. The developer shall either have fully constructed the SWMP controls or provide a performance bond or financial guarantee for storm water management and erosion and sedimentation controls.
The guarantee shall be sufficient to cover the cost of installing and repairing the controls and the secondary cost to the municipallity The financial guarantee shall be determined in
accordannc with Act No. 230 or 231 (as appropriate) of 1980. D. All deed restrictions, easements and rights-of-way shall be included in the final recorded plan. SECTION 1204: REVIEW
FEE The fee for review of the storm water management and the erosion and sedimentation control portions of the subdivision plan shall be governed by Article XI, Section 1101. SECTION
1205: WAIVER OF PLAN REOUIREMENTS No storm water management plan shall be required for residential subdivisions or land developments which consist of 2 lots or less on 2 acres or less.
Subdivisions or land developments involving only single family dwellings which consist of less than 5 l o t s on less than 4 acres may apply to the township engineer for a waiver of
any requirement in Article XII. The determination of the townshhi engineer shall be based on the proposed development's likely -72-
non-compliance or compliance with the storm water management goals of this Article, and shall be final. ARTICLE XI11 ENFORCEMENT, PENALTIES, SEVERABILITY AND ADOPTION SECTION 1300: ENFORCEMENT
A. Preventive Remedies In addition to other remedies, the township may institute and maintain appropriate actions by law or in equity to restrain, correct or abate violations, to prevent
unlawful construction, to recover damages, to deny the issuance of a building permit, and to prevent illegal occupancy of a building, structure or premises. The description by metes
and bounds in the instrument of transfer or other documents used in the process of selling or transferring shall not exempt the seller or transferor from such penalties or from the remedies
herein provided. The Township may refuse to issue any permit or grant any approval necessary to further improve or develop any real property which has been developed or which has resulted
from a subdivision of real property in violation of any Township ordinance. This authoorit to deny such a permit or approval shall apply to any of the following applicants: 1. The owner
of record at the time of such violation. 2. The vendee or lessee of the owner of record at the time of such violation without regard as to whether such vendee or lessee had actual or
constructive knowledge of the violation. 3. The current owner of record who acquired the property subseqquen to the time of violation without regard as to whether such current owner
had actual or constructive knowledge of the viola tion. 4 . The vendee or lessee of the current owner of record who acquired the property subsequent to the time of violation without
regard as to whether such vendee or lessee had actual or constructiiv knowledge of the violation. -73-
As an additional condition for issuance of a granting of an approval to any such owner, CI permit or the rrent owner, vende ! or lessee for the development of any such real property,
the townshhi may require compliance with the conditions that would have been applicable to the property at the time the applicant acquiire an interest in such real property. B. Enforcement
Remedies Any person, partnership or corporation who or which has violated the provisions of this ordinance shall, upon being found liable thereof in a civil enforcement proceeding, pay
a judgment of not more than $500.00 plus all court costs, including reasonable attorrne fees incurred by the township as a result thereof. No judgment shall commence or be imposed, levied
or payable until the date of the determination of violation by the district justiice If the defendant neither pays nor timely appeals the judgmeent the township may enforce the judgment
pursuant to the appliccabl rules of civil procedure. Each day that a violation continues shall constitute a separate violation, unless the distrric justice determining that there has
been a violation further determines that there was a good faith basis for the person, partnership or corporation in violation of the ordinance to have believed that there was no such
violation, in which event there shall be deemed to have been only one such violation until the fifth day following the date of the determination of a violation by the district justice
and thereafter each day that a violation continues shall constitute a separate violation. SECTION 1301: APPEALS TO COURT The decisions of the Board of Supervisors or the Planning Commissiio
with respect to the approval or disapproval of plans may be appealed in accordance with the law. SECTION 1302: REPEALER All ordinances or parts of ordinances inconsistent herewith are
hereby repealed. Nothing in this ordinance hereby adopted shall be construed to affect any suit or proceeding now pending in any court or any rights accrued or liability incurred or
any cause of -74-
action accrued or existing under any ordinance repealed by this Ordinance. Nor shall any right or remedy of any character be lost, impaired or affected by this Ordinance. SECTION 1303:
SEVERABILITY The provisions of this Ordinance are severable and if any provisiion sentence, clause, section, part or application thereof shall be held illegal, invalid or unconstitutional,
such illegalitt or unconstitutionality shall not affect or impair any of the remaining provisions, sentences, clauses, sections or applicatioons It is hereby declared to be the legislative
intent of the Board of Supervisors that this Ordinance would have been adopted had such illegal, invalid or unconstitutional provision, sentennce clause, section or part not been included
therein and if such illegal, invalid or unconstitutional application had been specifically exempted therefrom. In any case where a provision of this Ordinance is found to confllic with
the provision of a building, fire, safety or health ordinance or code of this Municipality of law, rule or regulation of the Commonwealth of Pennsylvania, the provision which establisshe
the higher standard for the promotion and protection of the health and safety of the people shall prevail. In any case where a provision of this Ordinance is found to be in conflict
with the provisions of another ordinance or code of this Municipallit or law, rule or regulation of the Commonwealth of Pennsylvaani which establishes a lower standard for the promotion
and. protection of the health and safety of the people, the provisions of this Ordinance shall be deemed to prevail and such other ordinannce or codes are hereby declared to be repealed
to the extent that they may be found in conflict with this Ordinance. -75-
SECTION 1304: This ordinance, amendinq the Peters Townshi-p Subdivision Ordinaanc is Adopted this -day of r 1991. PETERS TOWNSHIP SUPERVISORS Attest: Secretary -76-