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HomeMy WebLinkAboutSouthhampton Suvdiv OrdI I I FRANKLIN COUNTY I I I I I I , planning c onsubtan1 T THE SOUTHAMPTON TOWNSHIP SUBDIVISION AND LAND DEVELOPMENT ORDINANCE OF 1999 I I I I PI I I I I I I I I I I I I 1; I 1 I I I I I I I I I I I I 8 I 1 I 1 I AN ORDINANCE REGULATING THE SUBDIVISION AND DEVELOPMENT OF LAND WIT" SOUTHAMPTON TOWNSHIP, FRANKLIN COUNTY, PENNSYLVANIA: REQUIRING THE SUBMITTAL OF SUBDIVISION AND LAND DEVELOPMENT PLANS FOR TOWNSHIP REVIEW: PRESCRIBING STANDARDS OF DESIGN, PLAN REQUIREMENTS, PLAN PROCESSING, IMPROVEMENT CONDITIONS OF ACCEPTANCE OF PUBLIC IMPROVEMENTS. AND CONSTRUCTION REQUIREMENTS, AND The Board of Supervisors of Southampton Township, Franklin County, Pennsylvania, does herein and hereby ordain that an ordinance regulating the subdivision and development of land within Southampton Township, Franklin County, Pennsylvania; requiring the submittal of subdivision and land development plans for Township review; prescribing standards of design, plan requirements, plan processing procedures, improvements and construction requirements, and conditions of acceptance of public improvements, is hereby imposed pursuant to Article V of the Pennsylvania Municipalities Plannin-g Code. Act 267 ofJanuary 1. 1969, as amended. (#286/286) 2 I 1 1 I 8 I I E I I I 1 I I I 1 6 5 I ~ TABLE OF CONTENTS ARTICLE I PURPOSES, INTERPRETATION, SHORT TITLE AND STATEMENT OF COMMUNITY DEVELOPMENT OBJECTIVES Section 100 Section 101 Section 102 Section 103 Section 104 Purposes .................................................................................................... I-1 Interpretation .......................................... .................................................. I-1 Short Title ................................................................................................. I-1 Statement of Community Development Objectives ..................................... I-1 Drafting Guidelines .................................................................................... I-3 ARTICLE IX DEHNITXONS Section 200 Definitions .................................................................................................... 11-1 ARTICLE JII CONTROL OF SUBDIVISION, RECORDING OF PLANS, DEDICATIONS OF PROPERTY AND IMPROVEMENTS Section 300 Section Section 301 Control of Subdivision and Land Development ......................................... 111-1 Recording of Final Plans and Dedication of Property and Improvements.. ........................................................................................ TU-2 ARTICLE IV GENERAL PROCEDURE AND JURISDICTION Section 400 Section 401 Section 402 Section 403 Section 404 Section 405 Plat Approving Authority ........................................................................ IV-1 Submittal of Plats .................................................................................... IV-1 Review ofplats ...................................................................... ................ IV-I Approval of Plats; Hearing ...................................................................... IV-2 Waiver or Modification of Requirements ................................... ............. IV-2 Fees ........................................................................................................ IV-3 ARTICLE V PRE-APPLICATION CONSULTATION Section 500 Section 501 Section 502 (#286/TABLE) ~~ ~ ~ Consultation with Planning Commission.. ............................................... V-1 . . Sketch Plan Submisslon .................................... .................................... V-1 Overall Master Plan Submission.. .............................................. V-4 -1 - ARTICLE VI PRELIMINARY PLATS Section 600 Section 601 Plat Requirements .............................................................................. ... VI-I Review Procedure ........... .._..._.... _..._........._....._..... .............. ........ .. .. ... .. . VI-5 ARTICLE VII FINAL PLATS Section 700 Section 701 Final Plat Approval ............................... . . . . . . . .. . . . . . . . . . , . . . . . . . . . . . . . . . . . .. VII-1 Review Procedure .................................. . . . . . . . . . . , . . . . . . , . . . . , . . , . . , . . . . . . . . VU-4 ARTICLE VLII DESIGN STANDARDS Section SO0 Section 801 Section 802 Section 803 Section 804 Section 805 Section 806 Section 807 Section 808 Appl.icat.ion. .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . .. . . . Construction of Improvements.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . General Standards... _... . . . .. . . . . . . . . . . . . Blocks and Lots ._.___............ Streets, Alleys and Sidewalks_ _.... . . . . . . . . . . . . . . . . . . . . . . .. .. ..... .. . . . . . .. Utilities. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Other Public Facilities.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Erosion and Sedimentation Control Standards and Specifications.. . . . . . . . . . Traffic Impact Studies... . . . . . . . . . . . . _ ... . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . ............................................. .... ........-............ . ........................ . ..... . ..... _.. VIII-1 VIII-1 VIII-1 VIII-2 VIII-5 VIII-I3 VIII-14 VIII-15 VIII-16 ARTICLE IX IMPROVEMENT STANDARDS Section 900 Section 901 Section 902 Section 903 Section 904 Section 905 Section 906 Section 907 Construction of Improvements.. .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . IX-1 Materials and Construction Standards.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E-1 Standards for Monuments and Markers ........................................... ._...... K-1 Street Construction. ... .. . . . . . . . . . . . . . . _... . . . . .. ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . IX-2 Standards for Sidewalks. ..... . . . . . . . . . ~ ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . IX-4 Standards for Sewer and Water Systems ................................................. IX-4 Standards for Storm Water Management ................................. ................ IX-5 Erosion and Sedimentation Control Standards and Specifications. _..._. . .. . . IX-11 ARTICLE X MOBILE HOME PARK REGULATIONS Section 1000 Procedure ............................. ................................................................ X-1 Section 100 1 Approval of Site Plan.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Section 1002 Renewable Mobile Home Park Permit.. .. . . . . . . . . . . _.. .. . . . . . . . Section 1003 Park Site. ............................................................ ''.'.._'...._.x. -6 Section 1004 Lot Requirements.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Section 1005 Yard and Setback Requirements ............................. .............................. X-7 (#286/rABLE) -1.1. - ‘I . I I ARTICLE X (continued) Section 1006 Section 1007 Section 1008 Section 1009 Section 1010 Section 101 1 Section 1012 Section 101 3 Section 1014 Section 1015 Section 101 6 Section 101 7 Park Street System ................................................................................ X-7 Utility Improvements ........................................................... Usable Open Space ............................................................................... X-8 Buffer Strips ............................................ ...................................... .. x-9 Walkways ............................................................................................. X-9 Signs and Lighting .................................................................. ............. X-10 Other Site Tmprovements ................ .................................................. x-10 Park Areas for Non-Residential Use ................................................ ..... X-1.1 Existing Mobile Home Parks ................................................................. X-1 1 Non-Transient Use ofMobde Homes .................................................... X-1 1 Penalties ............................................................................................... X-1 1 Required Off-street Parking ..................................................... ............ X-8 .. ARTICLE XI PREVENTATIVE AND ENFORCEMENT REMEDIES Section 1100 Enforcement Remedies ....................................................................... XI-1 Section 1 IO I Preventative Remedies ........................................................................ XI-I Section 110 2 Jun.sd.icti.on ............................................................... ......................... XI-2 ARTICLE XII SEVERABILITY. EFFECTIVE DATE. ENACTMENT Section 1200 Severability ..................................................................... XII-1 Section 1201 Appeals to Court ............................................................... XII-1 Section 1202 Effective Date .................................................................. XI-1 Section 1203 Enactment ....................................................................... XI-2 ... . 111 . ARTICLE I PURPOSES, INTERPRETATION, SHORT TITLE, AND STATEMENT OF COMMUNITY DEVELOPMENT OBJECTIVES SECTION 100 PURPOSES This Ordinance is enacted for the purpose of assuring sites suitable for building purposes and human habitation and to provide for the harmonious development of Southampton Township; for the coordination of existing streets with proposed streets; for adequate open space for traffic, recreation, light and air, and for proper distribution of population, thereby creating conditions favorable to the health, safety, morals, and general welfare of the citizens of Southampton Township. SECTION 201 IT\TTERPRE TATION The provisions of this Ordinance shall be held to be minirrmni requirements to meet the above stated purposes, where the provisions of this Ordinance impose greater restrictions than those of any statute, other ordinance, or regulations, the provisions of this Ordinance shall prevail. Where the provisions of any statute, other ordinance, or regulations impose greater restrictions than those of this Ordinance, the provisions of such statute, other ordinance, or regulation shall prevail. SECTION 102 SHORT TITLE This Ordinance may be cited as "The SouthamDton Township Subdivision and Land Development Ordinance of 1999". SECTION 103 STATEMENT OF COMMUNITY DEVELOPMENT OBJECTIVES In addition to the foregoing, this Ordinance is adopted in the interest of protecting and promoting the public health, safety, morals, and general welfare, and shall be deemed to include the following related and specific community development objectives, among others, as may be stated in the 1980 Southampton Township, Franklin County, Pennsylvania Comprehensive Plan (Phase 1 and Phase 2), the contents of which are hereby ratified, approved, re-adopted, and incorporated herein by reference as fblly as those set forth at length herein, by the Southampton Township Board of Supervisors. (#268/AI) I-1 U -‘I 1 1 I 1 I I I I I I I 1 I I I 1. 2. 3. 3. 5. 6. 7. 8. The important natural resources of the Township of Southampton should be preserved; they include air, land, and water. Therefore: A. Positive measures should be taken to assure that land in agricultural and woodland usage can be maintained in such usage for as many years as possible. Streams and other water resources should be kept clean and unpolluted. Air pollution should be prevented, as per State & Federal Regulations. Land for public use should be secured well in advance of the need. B. C. D. The widest possible range of educational, recreational, and governmental facilities should be provided and they should be located so as to be readily accessible to persons to be served. Although the single-family house will remain the predominant dwelling type, provisions should be made for other types of housing in selected areas. Major activities in the Township are agriculture and outdoor oriented recreation. These activities should be protected where they now exist, and their growth should be encouraged. Business and industry should be encouraged but developed so that they are good neighbors to any adjoining residential, agricultural or conservation areas. The intrusion of nonresiddentia uses within residential neighborhoods should be prevented. Particular attention should be given to the coordination of development plans for adjoining municipalities. Business and commercial developments should be encouraged in existing hamlets and villages in an attempt to serve surrounding residential areas and develop identifiable communities. As a corollary to this, strip or ribbon development of commercial activity along highways should be discouraged. Areas of blight and substandard conditions should be corrected in the interest of the overall well being of the community and to avoid depreciation of nearby areas. A highway and transportation network should be provided that will: A. Facilitate the movement of through traffic on routes that will not be disruptive to the local streets in the developed portions of the Township. Adequately serve the various types and intensity of traffic generated by the proposed pattern of land use. Discourage trai3c through or too close to residential neighborhoods. B. C. (#268/AI) 1-2 D. Provide for adequate off-street parking wherever people congregate. E. Provide for adequate and safe pedestrian ways wherever pedestrian movements need to be protected and facilitated. F. Improve present or eliminate potential traffic bottlenecks and dangerous street alignments and intersections. 9. In summary, the Comprehensive Plan should contribute to the healthy economy of the Township and the efficient provision of public services. A. There should be a stable, diversified tax base. B. Measures should be taken to avoid blighting factors. C. Property owners and businessmen should be enabled to make a fair return on their investment. D. Future development should be located so that it can be served efficiently, and at a reasonable cost by public facilities and utilities. SECTlON 104 DRAFTING GUIDELINES This Ordinance has been drafted and enacted after consideration and incorporation of the guidelines set forth in the Pennsylvania Municipalities Planning Code, as well as the procedural safeguards required by the common law of the Commonwealth of Pennsylvania [See, e.g., Board of Supervisors of Franklin Township Adams County, Pennsylvania vs. Meals, 57 Pa. Commonwealth Ct. 129, 426 A.2d 1200 (1981); Board of Supervisors of Upper Frederick Township vs. Moland Development Company, 19 Pa. Commonwealth Ct. 207, 339 A.2d 141 ( 1975)]. (#268/AI) 1-3 I N ARTICLE II DEFINITIONS 1 I I I I I I SECTION 200 DEFINITIONS As used in this Ordinance words in the singular include the plural, and those 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 meaning of "structure" and shall be construed as if followed by the phrase ''or part thereof'. The following terms as used in this Ordinance shall have the meanings indicated below unless the context clearly indicates otherwise: ACCELERATED EROSION -The removal of surface materials by the action of natural elements caused by man's manipulation of the landscape. ALLEY (or SERVICE DRIVE) -A minor right-of-way, publicly or privately owned, primarily for service access to the back or side of properties and not intended for general traffic circulation. APPLICANT -A landowner or developer, as hereinafter defined, who has filed an application for development, including his heirs, personal representatives, successors and assigns. APPLICATION FOR DEVELOPMENT -Every application, whether preliminary or final, required to be filed and approved prior to start of construction or development, including, but not limited to, an application for a building permit, for the approval of a subdivision plat or plan or for the approval of a development plan. APPOINTING AUTHORITY -The Board of Supervisors of Southampton Township, Franklin County, Pennsylvania. AS-BUILT DRAWING -A plan prepared and certified by a registered engineer or surveyor illustrating the physical location, dimensions and topographic features of improvements in relation to property boundaries, other features and improvements and the specifications of any approved development plan. As-built drawings shall be prepared at a scale of not less than one inch equals fifty feet. BEST MANAGEMENT PRACTICE (BMP) -Stormwater structures, facilities and techniques designed to maintain or improve the water quality of surface runoff BLOCK -An area bounded by streets. BOARD -The Southampton Township Board of Supervisors. (#286/AII) 11-I BUILDING LINE -A line parallel to the front, side or rear lot line set so as to provide the required yard. BUILDING SETBACK LINE (setback) -The line within a property defining the required minimum distance between any enclosed structure and the adjacent right-of-way, and the line defining side and rear yards, where required. CAPPED SEWERS -A sewer requirement fur those areas to be served later by public sewer. CARTWAY -The portion of a street intended for vehicular use. CLEAR SIGHT TFUANGLE -An area of unobstructed vision at street intersections defined by lines of sight between points at a given distance from the intersection of the street centerlines. COOPERATIVE -Ownership in common with others of a parcel of land and of' a building or buildings thereon which would normally be used by all the occupants, together with individual rights of occupancy of a particular unit or apartment in such building or buildings or on such parcel of land and may include dwellings, offices and other types of space in commercial buildings or on property and where the lease, sale, or exchange of a unit is subject to the agreement of the group of persons having common ownership. COMSSION -The Southampton Township Planning Commission. COMMON ELEMENTS -Means and includes: A. B. C. D. E. F. G. The land on which the building is located and portions of the buildings which are not included in a unit; The foundation, "structural parts, supports, main walls, roofs, basements, halls, corridors, lobbies, stairways and entrances and exits of the building; The yards, parking area and driveways; Portions of the land and building used exclusively for the management, operation or maintenance of the common elements; Installation of all central services and utilities; All other elements of the building necessary or convenient to its existence, management, operation, maintenance and safety or normally in common use; and Such other facilities as are designated as common elements. (#286/AII) 11-2 1 I I I COMMON OPEN SPACE -A parcel or parcels of land or an area of water, or a combination of land and water within a development site and designed and intended for the use or enjoyment of residents of a development, not including streets, off-street parking areas and areas set aside for public facilities. CONDOMINIUM -Ownership in common with others ofa parcel of land and certain parts of a building thereon which would normally be used by all the occupants, together with individual ownership in fee of a particular unit or apartment in such building or on such parcel of land and may include dwellings, offices and other types of space in commercial buildings or on property. CROSSWALK -A right-of-way for pedestrian travel across or within a block. CUL-DE-SAC -A residential street with access closed at one end and with a vehicular turnarooun at the closed end. CUT -A excavation. The difference between a point on the ori@ground and designated point of lower elevation on the final grade. Also, the material removed in excavation. DECISION -A final adjudication of any board or other body granted jurisdiction under This Ordinance or the Pennsylvania Municipalities Planning Code, as amended, to do so, either by reason of the grant of exclusive jurisdiction or by reason of appeals from determinations; all decisions shall be appealable to the Court of Common Pleas of the County and Judicial District wherein the Township lies. DETENTION BASIN -An impoundment structure designed to manage stormwater runoff by temporarily storing the runoff and releasing it at a predetermined rate. DETERMINATION -The final action by an officer, body or agency charged with the administration of the present ordinance or applications thereunder, except the Southampton Township Board of Supervisors; all determinations shall be appedable only to the Board having jurisdiction for such appeals. 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 or or a land development. DEVELOPMENT PLAN -The provisions for development, including a Planned Residential Development, a plat of subdivision, all covenants relating to use, location and bulk or buildings and other structures, intensity of use or density of development, streets, ways and parking facilities, common open space and public facilities. The phrase "Provisions of the development plan" when used in This Ordinance shall mean the written and graphic materials referred to in this definition. DRAlNAGE -The flow of water or liquid waste and the methods of directing such flow. (#286/AII) 11-3 DRIVEWAY -A minor vehicular cartway providing access between a street and a parking area or garage within a lot or property. DWELLING -A building designed for residential purposes and used as living quarters for one or more persons. DWELLING UNIT -One or more rooms used for living and sleeping purposes and having a kitchen with fixed cooking facilities arranged for occupancy by one (1) family or a single person. DWELLING. SINGLE FAMILY DETACHED -A building used by one (1) family, having one (1) dwelling unit, and having two (2) side yards. DWELLING, SINGLE FAMILY, SEMI-DETACHED -A building used by one (1) family, having one (1) side yard, and one (1) party wall in common with the other buildings. DWELLING. SINGLE FAMILY, ATTACHED (ROWlTOWNHOUSE) -A building used by one (1) family, and having two (2) party walls in common with the other buildings. DWELLING. TWO FAMILY. DETACHED -A building used by two (2) families, with one dwelling unit arranged over the other having two (2) sides. DWELLING. TWO FAMILY. SEMI-DETACHED -A building used by two (2) families, with one dwelling unit arranged over the other, having one (1) side yard, and having one (I) party wall in common with another building. DWELLING. MULTI-FAMILY -A building used by three (3) or more families, living independently of each other and having their own cooking facilities, including apartment houses. DWELLING, GARDEN APARTMENT -A two story multi-family dwelling containing one (1) story dwelling unit, under one ownership. EARTHMOVING ACTIVITY -Any construction or other activity which disturbs the surface of the land including, but not liited to, excavation, embankments, land development, subdivision development, mineral extraction and the moving, depositing or storing of soil, rock, or earth. 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. ENERGY DISSIPATOR -A device used to slow the velocity of storm water, particularly at points of concentrated discharge such as pipe outlets. ENGINEER -A professional engineer licensed as such in the Commonwealth of Pennsylvania, duly appointed as the engineer for the Southampton Township Board of Supervisors or the Southampton Township Planning Commission. (#286/AII) 11-4 'I ENGINEER, REGISTERED -A person registered as a Professional Engineer by the State of Pennsylvania. ENGINEERING SPECIFICATIONS -The Engineering Specifications of the Township regulating the installation of any required improvement or for any facility installed by any owner, subject to public use. EXCAVATION -Any act by which earth, sand, gravel, rock or any other similar material is dug into, cut, quarried, uncovered, removed, displaced, relocated or bulldozed, including the conditions resulting therefrom. FINISHED FLOOR -Any part of a dwelling except a totally below ground basement. Buildings which have exposed basements shall include the basement as a finished floor. FLOODPLAINS AND FLOODING -Defined by the United States Water Resources Council as areas adjoining rivers, streams, or watercourses, which in the past have been covered by floodwaters, or can be reasonably expected to be covered in the future. Both time frames are important. A floodplain can be divided into two parts: 1. The floodway is the area closest to the water, and most likely to be flooded frequently. It is usually considered high hazard area. 2. A flood prone area lies beyond the floodway. Flood prone areas are designated by their probability of being flooded; a one hundred year floodplain includes the floodway, and flood prone land adjacent to it, which has a one percent probability of being flooded each year, and a one hundred percent probability of being flooded within one hundred years. (Of course, these are only probabilities; one hundred year floods could occur in successive years.) FREEBOARD -The difference between the design flow elevation in the emergency spillway and the top of the settled embankment. FUTURE RIGHT-OF-WAY -1. Right-of-way width required for the expansion of existing streets to accommodate anticipated hture traffic loads. 2. A right-of-way established to provide future access to or through undeveloped land. GOVERNING BODY -The Southampton Township Board of Supervisors. GRASSED WATERWAY -A natural or man-made drainageway of parabolic, triangular or trapezoidal cross-section shaped to required dimensions and vegetated for safe disposal of runoff (also known as a swale). (#286/AII) 11-5 HALF OR PARTIAL STREET -A street, generally parallel with and adjacent to a property line, having a lesser right-of-way width than required for improvement and used as a street in accordance with This Ordinance. IMPROVED PUBLIC STREET -Any street for which the Township has maintenance responsibility and which is paved with an approved hardtop surface. IMPROVEMENTS -1. Those physical additions, installations, and changes required to render land suitable for the use intended, including but not limited to grading, paving, curbing, street lights and signs, fire hydrants, water mains, electric service, gas service, sanitary sewers, storm drains, sidewalks, driveways, culverts, and street shade trees. 2. Those physical additions and changes to the land that may be necessary to produce usable and desirable lots. INTERIOR WALK -A right-of-way for pedestrian use extending from a street into a block or across a block to another street. LAND DEVELOPMENT -1. The improvement of one (1) lot or two (2) or more contiguous lots, tracts, or parcels of land for any purpose involving: A. A group of two (2) or more residential or nonresidential buildings, whether proposed initially or cumulatively, or a single nonresidential building on a lot or lots regardless of the number of occupants or tenure; or B. The division or allocation of land or space, whether initially or cumulatively, between or among two (2) or more existing or prospective occupants by means of, or for the purpose of, streets, common areas, leaseholds, condominiums, building groups or other features. 2. A subdivision of land; provided however, that the addition of an accessory building, including f m buildings, on a lot or lots subordinate to an existing principal building, shall not constitute a "land development", as defined herein. LANDMARK -A prominent feature of landscape, such as a tree, waterway, scenic point, etc. LANDOWNER -The legal or beneficial owner or owners of land including the holder of an option or contract to purchase (whether or not such option or contract is subject to any condition), a lessee if he is authorized under the lease to exercise the rights of the landowner, or other person having a proprietary interest in land, shall be deemed to be a landowner for the purposes of this Ordinance; provided however, that no person shall be entitled to act in the capacity of a landowner absent without the prior written consent of the legal owner so to act. -A tract or parcel of land intended for separate development, use or transfer of ownership. LOT AREA -The area contained within the property lines ofa lot as shown on a subdivision plan excluding space within any street rights-of-way but including the area of any easement. (#286/AII) 11-6 I B I 1 I 1 I I I 1 I LOT GRADIENT -No lot shall have a slope measured from the building setback line to the rear property line in excess of thirty (30%) percent unless the proposed structure is architecturally justified to the Commission and Township Supervisors. LOT. REVERSE FRONTAGE -A lot extending between, and having frontage on, an arterial street and minor street, and with vehicular access solely from the latter. LOT. THROUGH OR DOUBLE FRONTAGE -A lot with front and rear street frontage. LOT WIDTH -The width of a lot measured at the required building setback line. MARGINAL ACCESS STREET -Minor streets, parallel and adjacent to major trafEc streets which provide access to abutting properties and control of intersections with the major traffic street. MINOR SUBDIVISION -The subdivision of a single lot, tract, or parcel of land into five (5) lots, tracts, or parcels of land, for the purpose, whether immediate or hture, of transfer of ownership or of building development, providing lots, tracts, or parcels of land thereby created having frontage on an improved public street or streets and providing further that there is not created by the subdivision any new street, easements of access or need therefore. MOBILE HOME -A transportable, single family dwelling intended for permanent occupancy, contained in one (1) unit, or in two (2) or more units designed to be joined into one (1) integral unit capable of again being separated for repeated towing, which arrives at a site complete and ready for occupancy except for minor and incidental unpacking and assembly operations, and constructed so that it may be used without a permanent foundation. MOBILE HOME LOT -A parcel of land in a mobile home park, improved with the necessary utility connections and other appurtenances necessary for the erection thereon of a single mobile home. MOBILE HOME PARK -A parcel or contiguous parcels of land which hashave been so designed and improved that it/they contain(s) two (2) or more mobile home lots for the placement thereon of mobile mobile homes. MUNICIPALITY -Any city of the second class A or third class, borough, incorporated town, township of the first or second class, county of the second class A through eighth class, or any similar general purpose unit of government which shall hereafter be created by the Pennsylvania General Assembly; more specifically, Southampton Township, Franklin County, Pennsylvania. PERSON -Any individual or group of individuals, partnership or corporation. PLAN, CONSTRUCTlON 1MPROVEMENT -A plan prepared by a registered engineer showing the construction details of streets, drains, sewers, bridges, culverts, and other improvements as required by This Ordinance. (#2 86/AII) 11-7 PLAN, OFFICIAL -The Comprehensive Plan and/or Development Policy Plan (Master Plan) and/or Future Land Use Plan and/or Ultimate Right-of-Hay Plan and/or Official Map or other such Plans, or portions thereof, as may be adopted, pursuant to statute, for the area of the municipality in which the subdivision is located. PLAN. SKETCH -An informal plan, not necessarily to exact scale indicating salient existing features of a tract and its surroundings and the general layout of a proposed subdivision. PLAN"G AGENCY -A planning commission, planning department, or a planrung committee of the governing body or the County, specifically, the Southampton Township Planning Commission and/or the Franklin County Planning Commission. PLAN"G COMMISSION -Southampton Township Planning Commission. PLANTING STRIP -The unpaved portion of a street, right-of-way between the sidewalkpaveemen and the property line. PLAT -The map or plan of a subdivision or land development, whether preliminary or final; used occasionally herein synonymously with "plan". PLAT. FINAL -A complete and exact subdivision plan prepared for official recording as required by statute. PLAT. PRELLMlNARY -A tentative subdivision plan, in less detail than the final plat, indicating the approximate proposed layouts of a subdivision as a basis for consideration prior to preparation of the final plat. PROFILE LDE -Means the profile of the center line of the finished surface of the street, which shall be midway between the sidelines of the street. PUBLIC GROUNDS -includes: 1. parks, playgrounds, trails, paths, and other recreational areas and other public areas, 2. sites for schools, sewage treatment, refbe disposal and other publicly owned or operated facilities; and 3. publicly owned or operated scenic and historic areas. PUBLIC HEAlUNG -A formal meeting held pursuant to public notice by the governing body or planning agency, intended to inform and obtain public comment, prior to taking action in accordance with this Chapter or the Pennsylvania Municipalities Planning Planning Code, as amended. (#286/AII) 11-8 1 I I rn I I 1 I I 8 I 1 I I I I I I I PUBLIC MEETING -A forum held pursuant to notice under the Act of July 3, 1986 (P.L. 388, No. 84), known as the "Sunshine Act". PUBLIC NOTICE -A notice published once a week for two (2) successive weeks in a newspaper of general circulation in the Township; such notice shall state the time and place of the hearing and the particular nature of the matter to be considered at the hearing; the first publication shall not be more than thirty (30) days and the second publication shall not be less than seven (7) days from the date of the hearing. PUBLIC SEWER SYSTEM -A public sewer system serving ten (10) or more properties and owned and operated by a municipal agency, or a public company controlled by the Pennsylvania Public Utility Commission, or a Home owners Association registered to do business in the Commonwealth of Pennsylvania. PUBLIC WATER SYSTEM -A water system serving ten (10) or more properties and owned and operated by a municipal agency, or a public company controlled by the Pennsylvania Public Utility Commission, or a Home owners Association registered to do business in the Commonwealth of Pennsylvania. RECORD DRAWINGS -Set of prints of the original facilities showing those changes made during the construction process. RECREATIONAL VEHICLE -A vehicular type unit primarily designed as temporary living quarters for recreational, camping, or travel use, which has its own motive power or is mounted on or drawn by another vehicle (including Camping Trailer, Motor Home, Travel Trailer and Camper). RECREATIONAL. VEHICLE PARK OR CAMPGROUND -A parcel of land under single ownership which has been planned and improved for the piacement of recreational vehicles or camping equipment for temporary living quarters, for recreational camping or travel use, on recreational vehicle or campground lots rented for such use, thereby constituting a "land development I' . RECREATIONAL VEHICLE PARK OR CAMPGROUND LOT -A parcel of land abutting a street or private road occupied by one recreational vehicle or camping equipment for temporary living quarters, for recreational, camping, or travel use, together with such open space as is required under the provisions of This ordinance having not less than the minimum area and width required by This ordinance for a recreational vehicle park or campground lot. RESERVE STRIP -A narrow parcel of ground separating a street from other adjacent properties. (#286/AII) 11-9 RESIDENT PROPERTY OWNER -Any individual maintaining a voting address in the Township, within one thousand (l,OOOt) feet of the proposed subdivision, owning real estate in his own or joint names. A tenancy in common or any other means of joint ownership shall be considered as an individual; however, the signature of any single joint owner shall be considered as binding the others. RESUBDIVISION -Any subdivision or transfer of land, laid out on a plan which has been approved by the Township Supervisors which changes or proposes to change property lines andor public right-of-way not in strict accordance with the approved plan. RETENTION BASIN -An impoundment in which stormwater is stored and not released during the storm event. Stored water may be released from the basin at some time after the end of the storm. RIGHT-OF-WAY -Land set aside for public use as a street, crosswalk, or other common means of communication and travel. RUNOFF -The surface water discharge or rate of discharge of a given watershed after after a fall of rain or snow that does not enter the soil but runs off the surface of the land. SANITARY SEWER FACILITY -A public sanitary sewer system or a comparable common or package sanitary sewer facility approved by the appropriate governmental agency. SEDLMENTATION -The process by which mineral or organic matter is accumulated or deposited by moving wind, water, or gravity, once this matter is deposited (or remains suspended in water), it is usually referred to as "Sediment". SEDIMENT BASIN -A temporary dam or other barrier constructed across a waterway or at other suitable locations to intercept the runoff and trap and retain the sediment. SEPTIC TANK -A watertight tank in which raw sewage is broken down into solid, liquid, and gaseous phases to facilitate hrther treatment and final disposal. SEWAGE DISPOSAL SYSTEM (ON-SITE) -Any structure designed to eliminate sanitary sewage within the boundaries of the lot. SEU7AGE DISPOSAL SYSTEM (PUBLIC) -A sanitary sewage collection method in which sewage is carried fiom the site by a system of pipes to a central treatment and disposal plant. SEWAGE ENFORCEMENT OFFICER -Person appointed by the Township Supervisors and Certified by the Department of Environmental Protection who issues and reviews permit applications and conducts such investigations and inspections as are necessary to implement the Pennsylvania Sewage Facilities Act. (#286/AII) 11-10 SHOULDER (street) -The portion of the street, contiguous to cartway, for the accommodation of stopped vehicles, for emergency parking, and for lateral support of base and surface courses of the pavement. SIGHT DISTANCE -The length of roadway visible to the driver of a passenger vehicle at any given point on the roadway when the view is obstructed by traffic. SLOPE -The face of an embankment or cut section; any ground whose surface makes an angle with the plane of the horizon. Slopes are usually expressed in a percentage based upon vertical difference in feet per 100 feet of horizontal distance. SOIL SITE INVESTIGATION -A field test conducted to determine the absorption capacity of soil to a specified depth in a given location for the purpose of determining suitability of soil for on-site sewage disposal. SOIL STABILIZATION -Chemical or structural treatment of a mass of soil to increase or maintain its stability or otherwise improve its engineering properties. STORAGE STRUCTURE -A retention or detention structure. 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 leaving the site is not significantly different than if the site remained undeveloped. STORM WATER MANAGEMENT PLAN -A plan showing all present and proposed grades and facilities for the conveyance of storm water runoff STORM WATER FACILITY -Any ditch, gutter, culvert, storm sewer, swale, or other structure designed, intended, or constructed for the purpose of diverting surface waters from or canying surface waters off streets, public rights-of-way, parks, recreational areas, or any part of any subdivision or contiguous land areas. STREET -A strip of land which is intended primarily as a means of vehicular and pedestrian travel, whether public or private, and which may also be used as a space for sewers, public utilities, shade trees and sidewalks. STRUCTURE -Any man-made object having an ascertainable stationary location location on or in land or water, whether or not affixed to the land. SUBDIVIDER -A person, partnership, corporation or unincorporated association owning land in the municipality or the agent of said person, partnership, corporation, or unincorporated association, for which owner or agent a land subdivision application is filed and processed under the provisions of this Ordinance. (#286/AU) 11-1 1 SUBDIVISION -The subdivision or redivision of a lot, tract, or parcel of land by any means into two (2) or more lots, tracts, parcels, or other divisions of land including changes in existing lot lines for the purpose, whether immediate or future, of lease, partition by the court for distribution to heirs or devises, 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 (10) acres, not involving any new street or easement of access or any residential dwelling, shall be exempted. SUBSTANTIALLY COMPLETED -Where, in the judgement of the engineer, at least ninety (90%) percent (based on the cost of the required improvements for which financial security was posted pursuant to the provisions of this Ordinance or other applicable laws) of those improvements required as a condition for final approval have been completed in accordance with the approved plan, so that the project will be able to be used, occupied or operated for its intended use. SURVEYOR -A licensed surveyor. SWALE -A low-lying stretch of land which gathers or carries surface water runoff TiLE DISPOSAL FIELD -A system of open jointed or perforated pipe laid in the upper strata of the soil for absorption. TOPSOIL -Surface soils and subsurface soils that presumably are fertile soils and soil material, ordinarily rich in organic matter of humus debris. Topsoil is usually found in the uppermost soil layer called the "A" Horizon. TOWNSHIP -The Township of Southampton, Franklin County, Pennsylvania TOWNSHIP SUPERVISORS (Supervisors) -The Supervisors of the Township of Southampton, Franklin County. TRANSFERABLE DEVELOPMENT RIGHTS -The attaching of development rights to specific lands which are desired by the Township to be kept undeveloped, but permitting those rights to be transferred from those lands so that the development potential which they represent may occur on the other lands within the Township where more intensive development is deemed by by the Southampton Township Board of Supervisors to be appropriate. UNDEVELOPED LAND -Any lot, tract, or parcel of land which has not been graded or in any other manner prepared for the construction of a building. UNIT -Means a part of the property, structure or building designed or intended for any type of independent use, which has direct exit to a public street or way or to an easement or right-of-way leading to a public street or way, and includes a proportionate undivided interest in the common elements, which is assigned to the property, structure or building. (#286/AII) 11-12 WATERCOURSE -A permanent stream, intermittent stream, river, brook, creek, channel or ditch for water, whether natural or man-made. WATER FACILITY -Any water works, water supply works, water distribution system, or part thereof designed, intended or constructed to provide or distribute potable water. WATER SURVEY -An inventory of the source, quantity, yield and use of groundwater and surface-water resources within the Township. WETLANDS -Those areas that are inundated or saturated by surface or groundwater at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands include, but are not limited to, swamps, marshes, bogs, and similar areas. (#286/AII) 11-13 ARTICLE III CONTROL OF SUBDIVISION, RECORDING OF PLANS, DEDICAHONS OF PROPERTY AND IMPROVEMENTS SECTION 300 CONTROL OF SUBDIVISION AND LAND DEVELOPMENT From and after the effective date of this Ordinance, no subdivision or land 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, nor shall any land development be effected, except in strict accordance with the provisions of this Ordinance. No lot in a subdivision may be sold, no permit to erect, alter or repair any building upon land in a subdivision or land development may be issued, and no building may be erected in a subdivision or land development unless and until a plan for the subdivision or land development has been approved by the Southampton Township Board of Supervisors and recorded, and until the improvements required by the Southampton Township 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 Section 700 of this Ordinance, are declared to be a minimum guarantee that all streets shown on any proposed plan are of sufficient width and proper grade and so located as to accommodate the probable volume of traffic thereon, afford adequate light and air, facilitate fire protection, provide access for firefighting equipment to buildings and provide a coordinated system of streets conforming to the Township's official pIan 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 hazards. Where, owing to special conditions, the literal enforcement of the provisions of this Ordinance will exact undue hardship because of peculiar conditions pertaining to the land in question, the Board may grant a modification or modifications of the requirements of this Ordinance, provided that such modification or modifications will not be contrary to the public interest and that the purpose and intent of this Ordinance is observed; provided, however, that the Board shall have the authority to grant modifications of the requirements of one (1) or more provisions of this Ordinance. All requests for a modification or modifications of the requirements of one (1) or more of the provisions of this Ordinance shall be in writing and shall accompany and be a part of the initial application for development. The request shall state in full the grounds and facts of reasonableness or hardship on which the request is based, the provision or provisions of this Ordinance involved, and the minimum modification necessary. All requests for modification shall be referred to the Planning Commission for advisory comments. The Board shall keep a written record of all action on all requests for modifications. (#2 86/AIlI) 11:-1 SECTION 301 RECORDING OF FINAL PLANS AND DEDICATION OF PROPERTY AND IMPROVEMENTS Upon approval of a final plan, the plan shall within ninety (90) days of such final approval be recorded in the Office of the Recorder of Deeds of Franklin County; and the streets, parks, and other public improvements shown thereon shall then be considered to be a part of the Official Plan of the Township. Offers of dedication of such public improvements to the Township may be made on the plans by formal notification thereof, or the applicant may note on the plans that such improvements have not been offered for dedication to the Township. Every street, park, or other improvement shown on a recorded subdivision plan shall be deemed to be a private street, park, or improvement until such time as the same has been offered for dedication to the Township and accepted by ordinance or resolution duly adopted by the Township and, if required by law, recorded in the Office of the Recorder of Deeds of Franklin County, Pennsylvania, or until it has been condemned for use as a public street, park, or other improvement. The responsibility of recording the final plan is that of the developer. Following the recording, the developer shall provide proof of the recording in the form of a copy of the County receipt to the Township Secretary for the Township records. Failure to do so may result in reapplication procedures and additional fees. (#286/Am) 111-2 ARTICLE N GENERAL PROCEDURE AND JURISDICTION SECTION 400 PLAT APPROVING AUTHORITY All plats shall be subject to approval, modification or rejection by the Board of Township Supervisors; in the event such a plat is disapproved, the reasons therefore shall be set forth in writing and given to the applicant, in accordance with the provisions of Section 508 (53 P.S. 10508) of the "Pennsylvania Municipalities Planning Code", as amended. Prior to action by the Board of Township Supervisors, all plats shall be referred to the Township Planning Commission for its review and recommendations. SECTION 401 SUBMITTAL OF PLATS The applicant shall submit preliminary and final copies of plats to the Township Secretary, together with the minimum Township fees required in Section 405 of this Article, plus any and all fees required by the Franklin County Planning Cotnnlission for review of and report on the application. Upon receipt of any application, the Township Secretary shall distribute the required number of copies to the Township agencies concerned as provided for in Articles V, VI and VI1 of this Ordinance, and shall also forward a copy of any application to the Franklin County Planning Commission for review and report together with the required County review and report fees. The Township shall not approve any application until the County report is received or until the expiration of thirty (30) days fiom the date the application was forwarded to the County. All plats when first submitted shall be considered preliminary plats. If the applicant makes substantial revisions in the plat after it has been approved in preliminary form, such revised plat shall be treated as a preliminary plat when submitted. SECTION 402 REVIEW OF.PLATS Plats shall be reviewed by the Township Planning Commission at its first regular meeting following the date of submittal, providing that such plats are submitted no later than 12:OO noon at feast fifteen (15) days prior to the meeting. Meetings of the Planning Commission at which plats are reviewed shall be open to the public. Applicants may be given reasonable notice of the time and place at which their plats are to be reviewed. (#286/AIV) IV-1 I !I I SECTION 403 APPROVAL OF PLATS: HEARING Approval of preliminary plats by the Board of Township Supervisors shall be considered approval of the arrangement and dimensions of streets, lots, and other features shown on the plats and may be conditioned upon specific changes to be incorporated in the final plats. The Board's approval of the final plats shall be given only after the requirements and conditions indicated on or in connection with the preliminary plats have been met; and said approval shall constitute final Township approval for the purpose of recording the plats in the Office of the Recorder of Deeds of Franklin County, Pennsylvania. Before acting on any plat, the Board of Township Supervisors may arrange for a public hearing thereon after giving such notice as it may deem necessary and desirable in each case. SECTION 404 WAIVER OR MODIFICATION OF REOULREMENTS 1. 2. When an entire tract of land is divided, for the first and only time, into not more than five (5) lots with frontage on a paved street of sufficient width, and none of the lots is intended for hrther subdivision, the Planning Commission may recommend that requirements for submittal of a preliminary plat be waived, upon written application of the applicant, and that approval be granted on the basis of the final plat submitted. In such a case, the plat must include a statement that none of the lots to be created is intended for hrther subdivision, as well as a plan to scale giving all of the boundary dimensions of the tract and of the proposed lots, the location of proposed buildings, and the width of abutting streets, together with all other required comments. Twelve (12) copies of the plan shall be submitted at the time of application. When a proposed land development involves the erection or placement of a second principal single family dwelling on a lot in single ownership, no land development plan is required by the Township. However, the location of such single family dwelling must comply in all respects to the applicable building permit and sewage enforcement requirements of the Township. Each single family dwelling shall contain the minimum lot area required by this Ordinance. Both buildings shall compute separately such minimum lot area. This clause applies to no more than two (2) single family dwellings on one lot. (#286/AN) IV-2 SECTION 405 -FEES 1. Filing fees shall be paid by the applicant to the Township Secretary at the time of filing of any application. Such fees shall be as established most recently by the Board of Supervisors by resolution. 2. Subject to the provisions of this Section 405, concerning the applicant's payrnent of review and report fees, no final approval of any application will be granted by the Township unless and until the applicant reimburses the Township for the cost and expense of the following professional services incurred by the Township, or any agency, Commission or Board thereof, in connection with the review and approval of any plat or application, or the inspection of public improvements. A. Engineering Services B. Legal Services C. Stenographer's Fees D. Sewage Enforcement Officer Fees All of the above fees for which the Township seeks reimbursement shall be certified by the Township Secretary to the applicant at the time when the Township is in a position to finally approve any application or plat. Such review fees may include reasonable and necessary charges by the Township's professional consultants, engineer or attorney, for review and report thereon to the Township. Such review fees shall be based upon the following schedule: Such "review fees shall be reasonable and in accordance with the ordinary and customary charges by the Township's professional consultants, engineer or attorney for similar service in the community, but in no event shall such review fees exceed the rate or cost charged by the Township's professional consultants, engineer or attorney to the Township when fees are not reimbursed or otherwise imposed on applicants. In the event the applicant disputes the amount of any such review fees, the applicant shall, within ten (10) days of the billing date, notifjr the Township Secretary that such fees are disputed, in which case the Township shall not delay or disapprove a subdivision or land development application due to the applicant's request over disputed fees. If, within twenty (20) days from the date of billing, the Township and the applicant can not agree on the amount of expenses which are reasonable and necessary, then the Township and applicant shall jointly, by mutual agreement, appoint another professional engineer licensed as such by the Conmionwealth of Pennsylvania to review the said expenses and make a determination as to the amount thereof which is reasonable and necessary. The professional engineer so appointed shall hear such evidence and review such documentation as the professional engineer in his or her sole opinion deems necessary and render a decision within fifty (50) days of the billing date. The applicant shall be required to pay the entire amount determined in the decision immediately. In the event that the Township and applicant can not agree upon the professional engineer to be appointed within twenty (20) days of the billing date, (#286/AIV) IV-3 1 1 I 1 1 I then, upon application of either party, the President Judge of the Court of Common Pleas of Franklin County shall appoint such engineer, who, in that case shall be neither the municipal engineer nor any professional engineer who has been retained by, or performed services for, the Township or the applicant within the preceding five (5) years. The fee of the appointed professional engineer for determining the reasonable and necessary expenses shall be paid by the applicant if the amount of payment required in the decision is equal to or greater than the original bill. If the amount of Payment required in the decision is less than the original bill by One Thousand ($1,000.00) Dollars or more, the Township shall pay the fee of the professional engineer, but otherwise the Township and the applicant shall each pay one-half (1/2) of the fee of the appointed professional engineer. 3. All of the above fees, requirements, and arrangements shall be subject to revision, modification and amendment, from time to time, by the Southampton Township Board of Supervisors, by Fee Resolution, duly adopted by a majority vote of the said Board of Supervisors at a public meeting duly convened in accordance with law. 4. Other Fees -Fees for all other permits required for and by Southampton Township for opening roads, connecting to sewers, building construction, etc., shall be payable to Southampton Township and deposited with the Township Secretary or Community Development OEcer. 5. In the case of a street dedication, an easement dedication, or other such dedications, the applicant at the time of application shall agree to cover the cost of advertising the Ordinance accepting the deed of dedication and its recording and registration costs. I I (#286/AIV) IV-4 ARTICLE V PRE-APPLICATION CONSZiLTATION SECTION 500 CONSULTATION WITH PLANhTNG COMMISSION Before proceeding with an application, or with steps to acquire land, subdivide or effect a land development, all applicants should be familiar with the provisions of this Ordinance, and are encouraged to consult with the Southampton Township Planning Commission concerning the following factors: 1. 2. 3. 4. 5. 6. 7. The suitability of the site for development. The demand for a development of the type proposed in the particular location proposed. The accessibility of the site. The availability of public facilities (schools, parks, water, sanitary and storm sewerage, etc.) and public services (police, fire, rehse disposal, etc.) The effect of the subdivision or land development or any contemplated improvements on the proposals of any comprehensive plan and the provisions of this Chapter. Sewage facilities requirements of the Pennsylvania Department of Environmental Protection. Erosion and Sedimentation Control plans and permits, as required by the Pennsylvania Department of Environmental Protection and administered by the Franklin County Conservation District. SECTION SO1 SKETCH PLAN SUBMISSION 1. It is suggested that prior to the aforementioned consultation with the Southampton Township Planning Commission, the applicant prepare a sketch plan of his proposed subdivision or land development. The submission of a Sketch Plan shall not, under any circumstances, be construed as a preliminary plat application; thus, the legal time linits for action on the application by the Township shall not be applicable unless and until an actual preliminary plat application which conforms to the requirements of this Ordinance is submitted. Such a sketch plan should generally illustrate as follows: A. Proposed name of the subdivision or land development. (#286/AV) v-I I 1 1 1 I I I i I I I I I I I I 2. 3. 4. €3. C. D. E F. G. H. The name of the applicant. The name of the registered owner North point, scale and date. Tract boundaries, with bearings and distances, if available. The approximate location of water courses, springs, ponds, caves, sink holes (filled or open), tree masses, rock outcrops, existing buildings, existing sanitary sewers, storm water inlets, storm water facilities, water mains, utility easements, fire hydrants, railroads, existing or confirmed streets. Topography of the site as may be available. Such topography can be obtained from USGS data. Proposed layouts of streets, lots, erosion and sedimentation control measures and other features. Application for a pre-application conference shall be made to the Township Secretary at least fifteen (1 5) days prior to the regular meeting of the Township Planning Commission. Submission of a sketch plan or any pre-application materials shall not constitute a formal filing of a subdivision plan. The Southampton Township Planning Commission shall review the pre-application plans and data at its regular meeting. The Commission shall note its action on a copy of the plans or provide a letter of review which shall be returned to the subdivider. At this stage, the Commission shall so inform the applicant ifhis tract is located in a flood plain as designated by current Flood Plain mapping available to and utilized by the Township, in which case the following regulations shall apply to said proposed subdivision: A. The applicant shall prepare a contour map of the proposed area with such contour intervals as the Developer's Engineer shall determine to be necessary and shall prepare plans for drainage or for flood control devices or plans to raise the level of land above the flood plain, satisfactory to the Township Engineer whenever the Township Engineer shall consider that such are necessary. No plat shall be approved for which the Developer's Engineer finds that drainage or flood control protection is necessary until the Township Engineer shall approve the plans for drainage, flood control, or for raising the level of land above the flood plain. (#286/AV) v-2 B. Land Subject to Flooding -Land subject to flooding and deemed to be topographically unsuitable shall not be platted for residential occupancy, nor for such other uses as may increase danger of health, life, or property, or aggravate erosion or flood hazard. Such land within the subdivision or land development shall be set aside on the plat for such uses as shall not be endangered by periodic or occasional inundation or shall not produce unsatisfactory living conditions. C. Adequate Building Site -To insure that residents will have sufficient flood-fi-ee land upon which to build a house, the Commission may require elevations and flood profiles. Each lot shall contain a building site which shall be completely free of the danger of flood waters on the basis of available information. D. Street Elevation -The Township Supervisors shall not approve streets subject to inundation or flooding. All streets must be adequately located above the line of flood elevation to prevent isolation of areas by flooding. In all instances street and roadway designs must comply with applicable Township, State, and Federal regulations concerning area subject to flooding. (#286/AV) v-3 I I I I I I I ~I 1 8 I I I I I 1 I I I SECTION 502 OVERALL MASTER PLAN SUBMISSION 1. When the total of all lots subdivided from a parcel or tract of land exceeds five (5) lots within the last five (5) years, it shall be incumbent upon the subdivider to submit to the Township an Overall Master Plan of the subject property before any firther subdivision or land development plan shall be approved by the Township. The Overall Master Plan will be used by the Township for evaluation of subsequent subdivision submittals by the applicant. When on the recommendation of the Planning Commission and action by the Board of Supervisors it is deemed that hrther subdivision or development departs substantially from the concepts presented in the Overall Master Plan, a revised plan shall be required prior to the approval of any fbture subdivision or development pian for the subject property. Such Overall Master Plan shall illustrate the following features in general terms without the necessity of detailed engineering design. design. A. The property boundaries of the host parcel and of all lots previously subdivided therefrom . B. Lot layout with intended considerations for sewer, water, access and circulation, and storrnwater management. C. Location of significant topographic features such as watercourses, swales, rock outcroppings, floodplain, wetlands, sinkholes, tree masses, existing buildings and other major improvements. D. lndication of the proposed use or uses of the property E. The Overall Master Plan shall be drafted at a scale not smaller than one inch equals two hundred (ZOO) feet. (#2 86/AV) v-4 ARTICLE VI PRELIMINARY PLATS SECTION 600 PLAT REQUIREMENTS The following materials shall be submitted with an application for review and approval of a preliminary plat: 1. Twelve (12) copies of the plat in the form of a map or series of maps drawn to a scale not smaller than one hundred (1 00) feet to the inch and showing the following: A. B. C. D. E. F. G. H. (#286/AVI) The limits and dimensions of the tract(s) to be subdivided or developed and the proposed name or identifying title of the subdivision or land development. The date, scale, and north point. The tract's(s') present deed referenced(s) by Book(s) and Page( s). Existing and proposed streets including the name, widths of the right-of-way and cartway. The location and dimensions, where applicable, of existing property lines, buildings, railroads, easements, rights-of-way and land reserved for public purposes; streams, trees, masses and wetlands; and the location, courses and dimensions of existing sanitary and storm sewer and water facilities. The The location and dimensions of proposed easements, property lines, rights-of-way and land reserved for public purposes; and the location, courses and dimensions of proposed sanitary and storm sewer and water facilities. Existing topographic contours at not more than five (5) foot intervals or at such intervals that the contours shall have a maximum spacing of 100 feet. The Planning Commission may also require supplemental plans showing proposed final contour. The name and address of the applicant. The name, seal and signature of the engineer, architect or surveyor who prepared the plat. The name(s) and address(es) of the owner(s) of the tract(s) and the names of the owners of adjoining tracts. A location map showing the proposed subdivision or land development in relation to adjacent properties and existing streets in that vicinity of the Township. Approximate dimensions, lot numbers, and the approximate area and proposed use of each lot. VI-1 I I I I I I I I I I I I I I I I 2. 3. 4. 5. I. Parcels of land intended to be dedicated or reserved for schools, parks, playgrounds, parking areas, common open space or other public, quasi-public or community purposes. J. Sight distance provided at each proposed street intersection. Location and results of preliminary soil percolation tests, which shall be conducted by a Pennsylvania Department of Environmental Protection certified Sewage Enforcement Officer approved by the Township, in accordance with the Rules and Regulations of the Pennsylvania Department of Environmental Protection. Such soil percolation tests shall be required in conjunction with all preliminary plat applications, unless waived in advance in writing by the Township and the Department of Environmental Protection. Three (3) copies of cross-section drawings for all proposed streets showing rights-of-way, cartway widths, location of sidewalks and planting strips. Three (3) copies of profile drawings of all proposed streets showing existing and proposed grades. Three (3) copies of plans and profiles of proposed sanitary and storm sewer systems, water distribution systems and any other pertinent utilities. Such plans shall include grades, pipe sizes and the location of valves and fire hydrants. Six (6) copies of a formal revision to the Township's Official Sewage Facilities Plan, known as a "Planning Module", pursuant to the rules and regulations of the Pennsylvania Department of Environmental Protection. Such Planning Module shall be prepared in accordance with the rules and regulations of the Pennsylvania Department of Environmental Protection and shall include, but shall not be limited to, the following information: A. B. C. D. (#286/AVI) A preliminary plot plan indicating within the site the location of existing and proposed buildings, lot lines, sewage or sewerage systems, all sources of water supply such as wells, springs, ponds, streams, and other bodies of water, rights-of-way, streets, roadways, highways, and access routes. Information relating to the type of water supply and sewage supply provided or to be provided, including soil conditions and limitations for on-lot sewage disposal if applicable. Information relating to adjacent properties, buildings, sources of water supply, ponds, streams, sewage, or sewerage systems, rights-of-way and streets that may have a significant effect on the environmental and sanitaty aspects of the proposed subdivision or development. Direction to north, direction of slopes and degree of slope. VI-2 7. E. Direction and distance to the nearest sewage treatment plant and information as to its present or future accessibility in terms of time, finances and load capacity, as well as the sources of this information. All plats shall contain a note regarding the status of wetlands on-site. Where deemed necessary by the Township Planning Commission or Township Board of Supervisors, an analysis of wetland conditions on the subject property shall be performed. Such analysis shall be prepared by a recognized professional wetlands consultant and shall clearly state the existence or nonexistence of any wetlands and shall delineate the field determined boundaries of those areas should they exist. A note shall also be added which states that Southampton Township assumes no responsibility with regard to wetlands analyses and delineations. This note shall also state that the accuracy of each delineation presented to the Township shall be the responsibility of the applicant and his consultant. A final determination of each delineation's accuracy may be made by the Pennsylvania Department of Environmental Protection, the United States Army Corps of Engineers, or any subsequently empowered governmental regulatory agency. 8. Whenever a subdivision or land development, proposes construction or development of any type, the applicant shall prepare, for the use and review of the Township, four (4) copies of an Erosion and Sedimentation Control Plan, pursuant to the Rules and Regulations of the Pennsylvania Department of Environmental Protection relative to Erosion Control. The design standards and specifications for said Plan are contained in Article IX, Section 908, of This Ordinance. The following measures are effective in minimizing erosion and sedimentation and shall be included where applicable in the Erosion and Sedimentation Control Plan. The factors to be considered include, but are not limited to, the following: A. The Erosion and Sedimentation Control Plan shall be prepared by a person trained and experienced in erosion and sedimentation control methods and techniques and shall be submitted for review and approval to the County Conservation District. B. The Erosion and Sedimentation Control Plan shall be designed to prevent accelerated erosion and sedimentation by incorporating the following control measures and control facilities: 1. The topographic features of the projected area. 2. The types, depth, slope and aerial extent of the soils indicated on the plat or similar appropriate official map. 3. The proposed alteration to the area: a. Stripping of vegetation, regrading, or other development shall be done in such a way that will minimize erosion. (#2 86lAVI) VI-3 I I I I 1 I I I I I I I I I I I I I I (#286/AVI) b. Whenever feasible, natural vegetation shall be retained, protected and supplemented. c. Disturbed soils shall be stabilized as quickly as practicable. d. Development plans shall preserve salient natural features, keep cut-fill operations to a minimum and ensure conformity with topography so as to create the least erosion potential and adequately handle the volume and velocity of surface water runoff. 4. The amount of runoff from the project area and the upstream watershed area: a. Provisions shall be made to effectively accommodate the increased runoff caused by changed soil and surface conditions during and after development. Where necessary, the rate of surface water runoff during a ten (10) year storm will be structurally retarded to prevent sedimentation from leaving the development site. b. All surface water shall be diverted away from the project area. 5. The staging of earthmoving activities; the disturbed area and the duration of exposure shall be kept to a practical minimum. 6. Temporary control measures and facilities for use during earthmoving: a. Temporary vegetation and/or mulching shall be used to prevent exposed critical areas during development. b. Sediment in the runoff water shall be trapped until the disturbed area is stabilized by the use of debris basins, sediment basins, silt traps or similar measures. 7. Permanent control measures and facilities for long term protection: a. The permanent final vegetation and structural erosion control and drainage measures shall be installed as soon as practical in development. 8. A maintenance program shall be developed for the control facilities including disposal of materials removed from the control facilities or project area. VI-4 SECTION 601 REVIEW PROCEDURE 1. 2. 3. 4. 5. Upon receipt of the required plat and application materials, the Township Secretary shall forward one (1) copy to the Township Engineer, four (4) copies to the Franklin County Planning Commission for review and report (in accordance with Section 401 of This Ordinance), and one (I) copy to the Franklin County Conservation District. The Engineer shall review the plat in the context of the standards and requirements of this ordinance, from the standpoint of engineering requirements and considerations, and shall prepare and transmit a written report thereon to the Planning Commission in such a fashion as not to delay the Planning Commission's action on the application in accordance with the provisions of this part. The Planning Commission shall receive and review the report of the Franklin County Planning Commission. The Planning Commission shall not take action upon any application until the County review and report is received, or until the expiration of thirty (30) 30) days fiom the date the application was forwarded to the County agency. The Southampton Township Planning Commission shall take action on a preliminary plat within sixty (60) days of the Township Planning Commission's first meeting at which consideration of the application is given. The Commission shall note its action on three (3) copies of the plat. The three (3) copies of the plat shall then be forwarded to the Southampton Township Board of Supervisors, along with the Planning Commission's recommendation concerning the Supervisors' approval or disapproval of the preliminary plat. In the event that the Planning Commission recommends disapproval by the Board of Supervisors of the application, it shall fUrnish along with such recommendation a written statement of the defects in the application, citing the specific provisions and section numbers of this ordinance with which the application does not comply: Upon its approval of the preliminary plat, the Planning Commission shall also recommend to the Southampton Township Board of Supervisors that the revision to the Township's Official Sewage Facilities Plan be formally adopted and submitted to the Pennsylvania Department of Environmental Protection for its review. In the event that the Planning Commission determines to recommend approval of the application subject, however, to certain conditions, the Planning Commission shall procure the applicant's written acceptance or rejection of any and all conditions proposed for imposition relative to the application, prior to submitting the application to the Southampton Township Board of Supervisors. In the event of the applicant's failure to accept such conditions in writing within seventy-five (75) days of the Township Secretary's receipt of the application, the Planning Commission's recommended approval of the application shall be rescinded automatically. The Southampton Township Board of Supervisors shall, upon receipt of the Planning commission's recommendation, take official action on a preliminary plat application by either approving or denying the same. Such official action by the Southampton Township Board of Supervisors shall be taken within ninety (90) days of the Township Planning Commission's first meeting at which consideration of the application is given. Southampton Township I I I (#286/AVI) VI-5 I' I I I I I I 1 I 1 I I I 1 I I I I I Board of Supervisors shall note its action on all three (3) copies of the preliminary plat. One (1) copy shall be retained for Township use. In the event that the Southampton Township Board of Supervisors denies a preliminary plat application, written notice of such denial shall be hrnished to the applicant, by first class mad, postage prepaid, by the Township Secretary, which notice shall inform the applicant of the defects in the application, citing the specific provisions and section numbers of this ordinance, or other applicable laws or regulations, with which the application does not comply. Such written notice of denial shall be mailed within the aforesaid ninety (90) day time limit. The applicant shall be likewise informed of the approval of his preliminary plat application. The Board may also conditionally approve a preliminary plat by so notifying the applicant in writing, which notification shall include a specific statement of any and all conditions proposed for imposition. In the event of the applicant's failure to accept such conditions in writing within one hundred five (105) days of the Township Secretary's receipt of the application, the proposed approval of the plat shall be rescinded automatically, provided, however, that, in such event, the Board shall comply with the requirements of this Section relating to written notice of preliminary plat denial. 6. Failure of the Township Supervisors to render a decision and communicate it to the applicant within the time and in the manner required herein shall be deemed an approval of the application in terms as presented unless the applicant has agreed in writing to an extension of time or change in the prescribed manner of presentation of communication of the decision, in which case, failure to meet the extended time or change in manner of presentation of communication shall have like effect. 7. Approval of the Preliminary Plat shall not constitute approval of the Final Subdivision Plat by the Township Supervisors. (#(#286/AVI) VI-6 ARTICLE VII FINAL PLATS SECTION 700 FINAL PLAT APPROVAL The following materials shall be submitted with an application for approval of a final plat. Final plats shaII be filed within five (5) years of the date of preliminary plat approval and shall conform in all aspects with preliminary plats as previously approved, and any conditions specified in the approval of preliminary plats shall be incorporated in the final plats. 1. Ten (10) copies of the final plat in the form of a map or series of maps, drawn to a scale not smaller than 100 feet to the inch on sheets no larger than 24 x 36 inches. Where more than one (1) sheet is required, an index map of the entire plat at a smaller scale shall be shown on a sheet of the same size. The Planning Commission may require final plats at a scale of 50 feet to the inch as a condition of preliminary plat approval to assure legibility in cases warranted by the complexity of the proposal. The error of closure shall not be more than one part in 10,000. Such final plats shall show: A. B. C. D. E. F. G. H. (#2SG/AII) The items required to be shown on the Preliminary Plat, as specified in Section 600 of this ordinance. Primary control points, approved by the Township Engineer, or description and "ties" to such control points, to which all dimensions, angles, bearings, and similar data on the plat shall be referred, Tract boundary lines, right-of-way lines of streets, easements, and other rights-of-way, and property lines of residential lots or parcels in unit, cooperative or condominium subdivisions and other sites with accurate dimensions, bearings, or deflection angles, and radii, arcs, and central angles of all curves. Name and right-of-way width of each street or other right-of-way. Location, dimensions, and purpose of easement. Number to identify each lot or parcel in unit, cooperative or condominium subdivision andor site, and the area of each lot expressed in both square feet and acres. Purpose for which sites other than residential lots or parcels in unit, cooperative or condominium subdivisions are dedicated or reserved. Building setback lines on all lots or parcels in unit, cooperative or condominium subdivisions and other sites. VII-1 I 11 I I I1 I I I: I' I 2. 9 J . I. J. K. L. M. N. 0. P. Q. R. S. T. Locations and description of survey monuments. All permanent reference monuments shown by a symbol and labeled as monuments on the plat. Locations and description of all traffic control devices including signs and pavement markings. Finished first floor elevations of all existing and proposed structures. Names of recorded owners of adjoining unplatted land. Reference to recorded subdivision plats or adjoining platted land by recorded name, date, and number. Certification by a registered surveyor or registered engineer certifjling to accuracy of survey and plat. Certification of title showing that the applicant is the owner of land, agent of the landowner or tenant with permission of the landowner. Statement by the owner dedicating streets, rights-of-way and any sites for public uses which are to be dedicated. Proposed Protective Covenants running with the land, if any. Existing and proposed contours at vertical intervals of five (5) feet or less as determined by the Preliminary Plat stage. Such other certificates, affidavits, endorsements, or dedications as may be required by the Township Supervisors in the enforcement of these regulations. A note stating that the owner/developer is responsible for keeping all stormwater management facilities ti-ee of debris. A Utility map or maps showing tract boundaries, existing and proposed streets, lot lines, sanitary and storm water sewer facilities, water pipes, curbs, sidewalks, fire hydrants, and manholes. Profile and cross-section maps or diagrams of streets showing proposed grades of curbs, sidewalks, planting strips, sanitary and storm water sewers, water pipes and other underground utilities. Final plans for surface water management and erosion and sedimentation control shall be submitted in accordance with the approved preliminary plan conditions and shall, where deemed practical and desirable by the Board, include provisions for detaining or retaining the runoff' created by the proposed project in accordance with the applicable guidelines of the DEP Erosion and Sediment Pollution Control Program Manual (#286/AII) VI-2 4. 5. 6. 7. 8. and all other aspects of DEP Chapter 102 regulations and Sections 907 and 908 of This Ordinance. Approval by the County Conservation District is required prior to Final Plan approval. A statement of the type or types of structures to be erected and a summary table of the number of structures and dwelling units proposed. Evidence that the plat is in conformity with all applicable Township ordinances and regulations governing the extension of utility services into the Township. In any instance where the plat does not conform, evidence shall be presented that an exception has been officially authorized and approved in writing. No plat shall be finally approved unless the streets, walkways, curbs, gutters, street lights, traffic control signage and markings, fire hydrants, shade trees, water mains, sanitary sewer facilities, storm drains, storm water detention and/or retention basins and other related drainage facilities, recreational facilities, open space improvements, buffer or screen plantings, and other on-site improvements as are required by this ordinance have been installed and paid for in full by the applicant in accordance with the requirements of this ordinance. In lieu of the completion of any such improvements required as a condition for the final approval of a plat, the applicant shall deposit with the Township financial security acceptable to the Township in an amount sufficient to cover the costs of any and all such required improvements for common amenities. All matters and procedures concerning such financial security shall comport in all respects with the provisions of Sections 509, 510, and all of the "Pennsylvania Municipalities Planning Code", as amended (53 P-S. Sections 10509, 105 10 and 105 1 l), the contents of which are hereby incorporated herein by reference as hlly as those set forth at length herein. All documentation concerning such financial security shall be subject to the review and approval of the Township Solicitor. The applicant shall reimburse the Township for the reasonable and necessary expense incurred for the inspection of required on-site improvements. Such reimbursement shall be based upon the same schedule, and shall be subject to the same procedures, as are set forth in Section 405 of this ordinance. Failure to complete any construction or development of the proposed subdivision or land development Within five (5) years following the approval of a final plat by the Township shall automatically render the approval of the plat null and void, unless an extension of time has been requested in writing by the applicant and a written approval granted by the Southampton Township Board of Supervisors. Further, failure of the applicant to comply with the requirements of Section 508 (4) of the "Pennsylvania Municipalities Planning Code", as amended [53 P.S. Section 10508 (4)], the contents of which are also hereby incorporated herein by reference, shall subject the subdivision or land development to any and all changes in zoning, subdivision and other governing ordinances enacted by the Township subsequent to the date of the initial preliminary plan submission. No plat which will require access to a highway under the jurisdiction of the Pennsylvania Department of Transportation shall be finally approved unless the plat contains the following (#286/AII) VII-3 notice: "A highway occupancy permit is required pursuant to Section 420 of the Act of June 1, 1945, P.L., 1242, No. 428, known as the "State Highway Law", before driveway access to a State Highway is permitted. Access to the State Highway shall be only as authorized by a Highway occupancy Permit". (See: 53 P.S. Section 10508 (6), as amended.) 9. In any case where public improvements are required as detailed in Section 700.6, two copies of as-built drawings of all streets, stormwater management facilities, and any other required improvements shall be provided to the Township. Said as-built drawings shall be prepared, signed and sealed by a licensed engineer or surveyor. Prior to the release of any security guaranteeing said improvements, the Township shall approve the construction of the improvements following a review of the as-built drawings relative to the approved subdivision or land development plan and the findings of a site inspection. In the case of construction following Preliminary Plan approval and without guarantee for the completion of improvements, the Township shall withhold Final Plan approval until such as-built drawings are provided and the Township has approved the construction of the subject improvements based upon the approved Preliminary Plan design. 10. In any case where part of the tract proposed for subdivision or land development comprises a cemetery, the applicant shall create a trust hnd such as will provide the Township with an income of at least Three Hundred ($300.00) Dollars per annum per acre to provide for the care and maintenance of the cemetery. 1 1. In the case of subdivision and land development plans proposed for the sale of lots only, the subdivider shall include on the Final Plan, a covenant assuring the implementation by the lot owners of the Erosion and Sedimentation Control Plan. SECTION 701 REVLEW PROCEDURE 1. One (1) copy of each final plat and one (1) copy of utility maps and street profiles received by the Township Secretary shall be transmitted to the Township Planning Commission far its review. The Commission shall report back to the Township Secretary whether the final plat as submitted is in sufficient agreement with the previously-submitted preliminary plat to warrant detailed engineering review. In the event the Planning Commission finds that the applicant has made substantial changes in the plat since the preliminary plat was approved, the Commission shall so notify the Township Secretary and shall review the plat according to the procedure for preliminary plat application. 2. On receipt of the Planning Commission's favorable report, the Township Secretary shall forward one (1) copy of the final plat and one (1) copy of utility maps and street profiles to the Engineer for his review as to the adequacy and estimated cost of construction of required public improvements. (#286/AU) VII-4 3. 4. 5. On receipt of the Engineer's Report, the Township Secretary shall notify the Township Solicitor to prepare proper forms of agreement between the Township and the applicant concerning the matters described in Section 700 (6) (financial security) and in Section 804 (19) (private roads), if appropriate. The Southampton Township Planning Commission shall take action on a final plat within sixty (60) days of the Township Secretary's receipt of the application. The Commission shall note its action on three (3) copies of the plat. The three (3) copies of the plat shall then be forwarded to the Southampton Township Board of Supervisors, along with the Planning Commission's recommendation concerning the Supervisors' approval or disapproval of the final plat. In the event that the Planning Commission recommends disapproval by the Board of Supervisors of the application, it shall hrnish along with such recommendation a written statement of the defects in the application, citing the specific provisions and section numbers of this Ordinance with which the application does not comply. In the event that the Planning Commission determines to recommend approval of the application subject, however, to certain conditions, the Planning Commission shall procure the applicant's written acceptance or rejection of any and all conditions proposed for imposition relative to the application, prior to submitting the application to the Southampton Township Board of Supervisors. In the event of the applicant's failure to accept such conditions in writing Within sixty (60) days of the Township Secretary's receipt of the application, the Planning Commission's recommended approval of the application shall be rescinded automatically. The Southampton Township Board of Supervisors shall, upon receipt of the Planning Commission's recommendation, take official action on a final plat application by either approving or denying the same. Such official action by the Southampton Township Board of Supervisors shall be taken within ninety (90) days of the Township Secretary's receipt of the application. The Southampton Township Board of Supervisors shall note its action on all three (3) copies of the final plat application. One (1) copy shall be retained for Township use. In the event that the Southampton Township Board of Supervisors denies a final plat application, written notice of such denial shall be hrnished to the applicant, by first class mail, postage prepaid, by the Township Secretary, which notice shall inform the applicant of the defects in the application, citing the specific provisions and section numbers of this Ordinance, or other applicable laws or regulations, with which the application does not comply. Such written notice of denial shall be mailed within the aforesaid ninety (90) day time limit. The applicant shall be likewise informed of the approval of his final plat application. The Board may also conditionally approve a final plat by so notif$ng the applicant in writing, which notification shall include a specific statement of any and all conditions proposed for imposition. In the event of the applicant's failure to accept such conditions in writing withiri seventy-five (75) days of the Township Secretary's receipt of the application, the proposed approval of the plat shall be rescinded automatically, provided, however, that, in such event, the Board shall comply with the requirements of this Section relating to written notice of final plat denial. (#286/AII) VII-5 I; 6. Within ninety (90) days following approval of the final plat by the Southampton Township Board of Supervisors, the final plat shall be recorded in the Office of the Recorder of Deed of Franklin County, Pennsylvania, in accordance with the provisions of Section 301 of this Chapter. The Recorder of Deeds shall not accept any plat for recording unless the same has been officially approved and signed by the Southampton Township Board of Supervisors. 7. The Southampton Township Board of Supervisors shall not approve a final plat prior to receipt of approval fiom the Pennsylvania Department of Environmental Protection of the Official Plan Supplement or Revision @e., the "Planning Module"), for any application requiring the same. In the event that the Official Plan Supplement or Revision (i.e., the "Planning Module") is disapproved by the Pennsylvania Department of Environmental Protection, the final plat application shall be denied for such reason. In the event that the Pennsylvania Department of Environmental Environmental Protection does not respond in writing to the Planning Module application in a timely fashion, so far as to permit the Township to comply with the time limitations within this Ordinance and Section 508 of the Pennsylvania Municipalities Planning Code, as amended (53 P.S. Section lOSOS), the applicant shall be requested to consent, in writing, to an extension of time for action on the application by the Township; in the event that such written extension of time is not executed by the applicant, the application shall be denied. (#286/AII) VII-6 ARTICLE VIIt DESIGN STANDARDS I' 8 SECTION 800 APPLICATION The standards of design in this Article VLU shall be used to judge the adequacy of subdivision and land development proposals; provided, however, that flexibility, economy and ingenuity in the layout and design of subdivisions and land developments shall be encouraged and promoted, and alterations in site requirements and other practices which are in accordance with modern and evolving principles of site planning and development shall be authorized and encouraged; fkthermore, the use of renewable energy systems and energy conservation building design shall be encouraged. The Planning Commission and Southampton Township Board of Supervisors are hereby authorized to solicit reviews and reports from adjacent municipalities and other governmental agencies affected by any application. SECTION 801 CONSTRUCTION OF IMPROVEMENTS The applicant shall grade and pave the streets and install all other necessary improvements at no expense to the Township, including, where required, curbs, sidewalks, water mains, sanitary and storm sewers, street lights, traffic control signage and pavement markings, fire hydrants, street name signs and other facilities and utilities required by the Township, in strict accordance with the requirements of this Article and the standards and specifications of the Township. Construction of all such facilities and utilities shall be subject to inspection by appropriate Township officials during the progress of the work. The applicant shall not begin work on structures in any part of the subdivision or land development until the streets in that part have been improved with a base course of pavement. SECTION 802 GENERAL STANDARDS 1. Land. No land shall be subdivided or developed for residential purposes unless all hazards to life, health, or property shall have been eliminated or unless the plans for the subdivision or land development shall provide adequate safeguard against such hazards. I' D I DI I I I I' 2. Development. Proposed subdivision and land development shall be coordinated with existing nearby neighborhoods so that the community as a whole may develop harmoniously; furthermore, the layout or arrangement of the subdivision or land development shall conform to the Township's and the County's Comprehensive Plan and to any regulations or maps adopted in furtherance thereof. (#286/AVm) VIII-1 I I 1 I I 8 I I i I I 1 I I 3. Water Supply. All new developments shall incorporate adequate provisions for a reliable, safe and adequate water supply to support intended uses within the capacity of available resources. If water is to be provided by means other than by private wells owned and maintained by the individual owners of lots within any subdivision or development, applicants shall present evidence to the Southampton Township Board of Supervisors and the Planning Commission that the subdivision or development is to be supplied by a certified public utility, a bona fide cooperative association of lot owners, or by a municipal corporation, authority, or utility. A copy of a Certificate of Public Convenience from the Pennsylvania Public Utility Commission or an application for such certificate, a cooperative agreement or a commitment or agreement to serve the area in question, whichever is appropriate, shall be acceptable evidence. SECTION 803 BLOCKS AND LOTS 1. Block Length. Residential and commercial blocks shall be not less than five hundred (500) feet long, nor more than fifteen hundred (1,500) feet long. Crosswalks up to twelve (12) feet wide with a paved walk of six (6) feet in width, may be required for blocks more than one thousand (1,000) feet long. 2. Block Width. Blocks shall be wide enough for two (2) tiers of lots and shall not generally be less than three hundred (300) feet wide between right-of-way lines. 3. Through Lots. Double frontage lots are to be avoided and generally will not be permitted. Along inter-community or major highways, double frontage lots, served entirely by a separate residential service or neighborhood feeder street, may be required in order to protect the character of the major street. 4. Grading. Blocks and lots shall be graded to sufficient elevation to secure drainage away fiom buildings and to prevent the collection of storm water in pools. Roof drainage shall be provided for according to recommendations of the Engineer or such other official as may be designated by the Southampton Township Board of Supervisors. Topsoil shall be preserved and redistributed as cover and shall be suitably planted with perennial grasses or ground cover. 5. Lot Size. The minimum lot size and lot width requirements shall be as follows: A. In any portion of the Township where no sanitary sewer facilities are provided, each lot shall have a minimum lot area per family of one (1) acre excluding the right-of-way width required herein, and a minimum lot width of one hundred-fifty (150) feet. Also excluded from the calculation of lot area shall be any areas of wetlands, floodplain and major underground transmission line rights-of-way. I I (#286/AVIII) VIII-2 I B. C. D. E. F. (#286/AVIII) "Flag-shaped" lots shall have a minimum of twenty (20) feet of frontage on a public road. Flag lots shall only be permitted by a modification of requirements in accordance with Section 300 of This Ordinance when the configuration of the property being subdivided is such that the use of flag lots is necessary and reasonable as determined by the Board of Supervisors. Where sewage disposal will be provided by an approved central or public system and water supply is to be provided by individual wells, the lot area for each single family dwelling shall be at least eighteen thousand (1 8,000) square feet exclusive of the rightoofway with a minimum lot width of one hundred (100) feet. Where both water supply and sewage disposal are to be provided by an approved central or public system the lot area for each single family dwelling shall be at least ten thousand (10,000) square feet exclusive of the right-of-way with a minimum lot width of one hundred ( 100) feet. For single family semi-semi-detached dwellings and two family detached dwellings, the minimum lot size shall be 150 percent of the minimum lot size for single dwelling units as set forth in the appropriate subparagraphs above. In any portion of the Township where public sanitary sewer facilities are planned for construction by the Township or any Municipal Authority, as indicated on the Township's "Act 537 Plan", each lot shall have a minimum lot area per family of 25,000 square feet, excluding the right-of-way width required herein and a minimum lot width of 100 feet at the building setback line. No apartments, townhouses, or row houses shall be permitted except where there is or will be both public water and public sewer systems or approved private central water and sewer systems. The minimum lot area for each such dwelling unit shall be twothouusan five-hundred (2,500) square feet exclusive right-of-way. For interior units of townhouse groups or rowhouses, the minimum lot width shall be twenty (20) feet. For the end units of townhouse groups and rowhouses, the minimum lot width shall be fifty (50) feet measured at the street right-of-way line. Building setback lines shall be at least forty (40) feet from the street right-of-way. Provided the apartment, townhouse and/or rowhouse development remains under single ownership and control, the total required lot size area may be arranged in a manner to permit flexibility in the site design and layout of recreation areas, useable open space and parking. Such flexibility shall be granted only upon recommendation of the Planning Commission and specific approval by the Board of Supervisors. WII-3 1-I I I I I 1 I 1 I I I 8 I I I I I I' I I I 1 I 1 1 B I 6. 7. 8. 9. G. Lot sizes for commercial and industrial purposes shall be determined on the basis of absorption area, parking requirements, and yard setback standards. In no event, shall a commercial or industrial lot be less than thirty thousand (30,000) square feet in area when served by centralized or public sanitary sewer. When served by on-lot sewage disposal, such lots shall be no less than two (2) acres in area. Residential Parking. At least two (2) off-street parking spaces with access to a public street shall be provided for each proposed dwelling unit. Where such access is to other than a residential service street, adequate turn-around space shall be provided on the lot. Exception. Blocks in commercial and industrial districts may vary from the elements of design contained in this Section if the nature of the use requires special treatment. . Building Setback Line. A. Whether or hot public water and/or sewage is in place, available or planned for construction, no structure or part thereof shall be erected nearer than thirty-five (35) feet to any street, road, or highway right-of-way line, except that no structures need have a set-back greater than the average of the two (2) existing buildings with the greatest setbacks located Within 200 feet on each side of the said proposed structure on the same side of the street. Where the street in question is defined as an arterial highway within the Township Comprehensive Plan, the minimum building setback shall be forty (40) feet from the required right-of-way line. B. On a comer lot, the setback from each adjacent street shall be applicable. C. In a mobilehome park, recreational vehicle park or campground, setback lines must conform to the above standards and setback lines on private streets shall be not less than twenty (20) feet from the private right-of-way. Required Side Yards and Rear Yards. A. Whether or not public water and/or sewage is in place, available or planned for construction, no structure for which a building permit is required, or part thereof, shall be erected nearer than ten (10) feet to any side yard line, nor nearer than twenty-five (25) feet to any rear yard line. This requirement may be waived by the Township Board of Supervisors in the case of utility sheds less than two hundred (200) square feet in size. B. In a mobilehome park, recreational vehicle park or campground, side and rear building lines shall be not less than ten (1 0) feet from the lot line on each side and from the rear lot line of each mobilehome, recreational vehicle or campground lot and not less than twenty-five (25) feet from the mobilehome park , recreational vehicle park or campground property line on the sides and rear not adjacent to a dedicated public street right-of-way. (#286/AVIII) VIII-4 10. 11. 12. 13. Lot Lines. Lot lines shall be approximately at right angles or radial to street lines so long as reasonably shaped lots result. House Numbers. House numbers may be assigned to each lot by the Township or the County of Franklin. Percolation Tests and Soils Analvsis. Upon recommendation of the Planning Cornmission and approval by the Board of Supervisors, percolation tests and soil analysis shall be required by the Township on each proposed lot in accordance with the Rules and Regulations of the Pennsylvania Department of Environmental Protection. From the results of these tests, the lot size shall be established large enough to provide for the specific minimum area required for the absorption field as prescribed in accordance with the requirements of the Pennsylvania Department of Environmental Protection, but in no case shall the lot size be less than as set forth in Section 803.5. Exception. The general principles of design and the minimum requirements for the laying out of subdivisions and and land developments stipulated in this Ordinance may be varied by the Board of Supervisors upon recommendation of the subdivider or developer and the Planning Commission in the case of a project large enough to constitute a more or less seIf contained neighborhood, industrial park or commercial center. Such a project shall be developed in accordance with a comprehensive plan safeguarded by appropriate restrictions, which in the judgement of the Board has made adequate provisions for all essential requirements. Provided, however, that no modification shall be granted by the Board which would conflict with features of any adopted long range plan of the Township or with the intent and purpose of the general principles of design and minimum requirements of this Ordinance. SECTION 804 STREETS, ALLEYS AND SIDEWALKS 1. Street Pattern. The proposed street pattern shall be integrated with existing and/or officially planned streets, and it shall be related to topography to produce useable lots and reasonable street street grades; fkrthermore, streets in and bordering a subdivision or land development shall be coordinated, and shall be of such widths and grades and in such locations as deemed necessary by the Township to accommodate prospective trafEc, and facilitate fire protection. I I I I I I I i t (#286/AVIU) VIII-5 2. Street Width. Streets shall be laid out according to the following minimum schedule: Right-of-way Minimum Class of Street Width Pavement Shoulders Cul-de-sac streets 5 0' 20' 4' ea side Minor streets 50' 20' 4' ea side Collector streets 60' 22' 8' ea side Arterial streets PennDOT PennDOT PennDOT standards standards standards Alley and service drive 20' 20' ----e Turnaround of cul-de-sacs 150' 100' -----(diameter) I 8 1 I 1 I i I I I (#286/Avm) VIII-6 FIGURE I ROADWAY CLASSIFICATION SYSTEM CHARACTERISTICS b The Township’s inventory of streets, roads and highways is further classified in the most recent edition of the Township Comprehensive Plan. INTERSTATE AND r1. OTHER LIMITED ACCESS FREEWAYS P Rl NC IPAL ARTERIALS /-\ ARTERIALS 1MI NOR ARTERIALS 1. 2. 3. 4. 5. -1. 2. 3. 4. -5. COLLECTORS ----[ is MINOR STREETS or r i: LOCAL ROADS 3. Provides limited access facilities. Serves major centers of activity and carries high proportion of area travel on minimum mileage. Integrated both internally and between major rural connections. Carries most trips entering and leaving the area and serves intra area travel. Provides continuity for rural arterials. Spacing related to trip-end density characteristics. Interconnects with and augments principal arterials. Accommodates trips of moderate length. Distribute travel to areas smaller than identified with higher systems. Places emphasis on land access and offers lower traffic mobility. Spacing normally not more than one mile. Provides both land access services and traffic circulation. Distributes trips from arterials through residential neighborhoods to ultimate destination Collects traffic from local streets and channels to arterials. Comprises all facilities not in one of the higher systems. Permits direct access of zbtbutticg lands and connects to higher systems. Discourages through-traffic movement. (#286/AVm) VIII-7 I I 8 I 1 I 1 I 1 I I I I I I I I I I 1 3. 4. 5. 6. 7. Continuations. Where reasonable and practicable, new streets shall be laid out to continue existing streets at no reduction in width; however, greater widths may be required in accordance with the Township Engineer's recommendations The arrangement of streets in new subdivisions shall make provisions for the continuation of existing streets in adjoining areas. Where adjoining areas are not subdivided, the arrangement of streets in new subdivisions shall make provisions for the proper projection of streets to the boundaries of the tract to be subdivided. Street Names, Continuations of existing streets shall be known by the same name. Names for other streets shall not duplicate or closely resemble names for existing streets in the Township or County. Access. streets shall be laid out to make provisions for access to all lots and to adjacent undeveloped areas, and the applicant shall improve these access streets to the limits of the subdivision or land development. A. Easements or private rights-of-way controlling access to adjacent subdivisions or land developments shall be permitted providing no more than three (3) lots or dwelling units, including existing lots or dwelling units, are serviced by such easement or rightoofway. Furthermore, all easements or private rights-of-way shall have a minimum width of twenty (20) feet and shall be so noted on the recorded plan. B. Any subdivision or land development of more than three (3) lots or dwelling units which is designed to provide access by easements or private rights-of-way shall as a minimum comply with the requirements of section 804.19. Reserve Strip. Reserve strips controlling access to the subdivision or land development, or adjacent areas, are prohibited. Cul-de-sacs or Dead-End streets. Dead end public streets are prohibited unless constructed as cul-de-sacs not exceeding five hundred (500) feet in length, with a turn-around having a minimum one hundred (100) foot diameter right-of-way and a minimum eighty (80) foot paving diameter. Dead end private streets are prohibited unless constructed as cul-de-sacs not exceeding five hundred (500) feet in length, with a turnaround having a minimum forty (40) foot diameter right-of-way and a minimum thirty (30) foot paving diameter. A maximum of four (4) lots shall be permitted to access the turnaround portion of the cul-desaac Any lot designed with frontage on both the turnaround and the street leading to it shall be allowed driveway access only to the street portion of the frontage and not the turnaround. No flag lots shall be permitted to access the turnaround. The plan shall indicate one central pedestal location at the street entrance for mailboxes and newspaper delivery boxes for those lots designed to access the turnaround. A note to this effect shall also be placed on the plan. Proposals for utilizing dead end public streets shall be prohibited unless the applicant can adequately demonstrate the need for such street design in that no other design alternative is available. Such proposals shall follow the procedure outlined in Section 300 of This Ordinance for modifications of requirements. (#286/AVIII) VIII-8 I' 8. 9. 10. 11. 12. Clear Sight Distance. Clear sight distance shall be provided for each proposed intersection in accordance with Section 808.2 of This Ordinance. Directional Changes. Changes in street direction shall be made by horizontal curves with a minimum radius of 500 feet for arterial streets, 300 feet for collector streets and 150 feet for minor streets. These radii are to be measured at the center line, shorter radii may be permitted on recommendation of the Township Engineer. Street Grade. A. The grades of streets shall not be less than the minimum or more than the maximum requirements listed below: Type of streets Minimum Grade All streets 0.5 Yo Arterial streets -----Collector streets Minor streets Alleys Maximum Grade -----As determined by the Commission after consultation with the Township Engineer and the Pennsylvania Department of Transportation. Seven (7%) Percent. Ten (10%) Percent. Twelve ( 12%) Percent. B. Alleys with grades greater than ten (10%) percent shall be not more than four hundred (400) feet in length. C. Intersections shall be approached on all sides by leveling areas. Where the grades exceed seven (7%) percent, such leveling areas shall have a minimum length of sixty (60) feet (measured from the intersection of the center lines) within which no grade shall exceed a maximum of four (4%) percent. Vertical Curves. Changes in grade shall be joined by vertical curves, and the maximum rate of change of grade shall be five percent per hundred feet of road, provided that the clear sight distances specified above are maintained at all points. Crown. The slope of the crown on minor and collector streets shall be more than one-eighth inch per foot and less than one-third inch per foot as directed by the Township Engineer. (#286/AVIII) VIII-9 13. 14. 15. 16. 17. Curbs. Curbs and gutters shall be constructed for the full length of all streets as may be judged necessary by the Board of supervisors upon recommendation of the Township Engineer. Side Streets. Streets, cuts and fills shall be provided with side slopes no steeper than one foot vertical to three (3) feet horizontal. Such slopes shall by suitably planted with perennial grasses or other vegetation to prevent scouring and erosion. Materials and Construction Standards. Materials and construction standards for streets, curbs and gutters, and sidewalks, shall conform to regulations and standards of the Township. Storm Sewerage. Provisions of storm sewerage inlets, catch basins and manholes shall meet the requirements of the Township as regards both design and location. Intersections. Street intersections shall be designed according to the following standards: A. B. C. D. E. (#286/AW) 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 seventy-five (75) degrees (measured at the centerlines of the streets) will not be permitted. Intersecting streets shall not enter into the same side of collector streets or major highways at intervals of less than eight hundred (800) feet. 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 (150) feet between centerlines measured along the centerline of the cross street. Greater off-set may be required by the Township Supervisors depending on the importance of the cross street. Maximum grade within any intersection shall not exceed five percent in any direction, and approaches to any intersection shall follow a straight course within 100 feet of the intersection; grades within 100 feet of an intersection shall not exceed ten percent. Curb radii at intersections shall be according to the following schedule of minimum lengths; 15 feet for intersections of alleys and all streets; 20 feet for minor streets; and 30 feet for major and collector streets. Where streets of different categories intersect, requirements for the larger radius shall hold. At the street right-of-way line, a diagonal cut-off may be employed, provided sidewalk width and comer visibility are unimpaired. A 75 foot clear sight triangle shall be provided at all intersections (150 feet for Arterial Streets), in which no building or structure, wall, fence, hedge, tree, shrub, or other growth shall be placed except for utility poles, light standards, street signs and fire hydrants . VIII-10 18. Allevs and Service Drives. The following standards shall apply to the design and location of alleys and service drives: A. Alleys shall not be permitted in residential developments except by permission of the Township. No part of any dwelling, garage, or other structure may be located within 16 feet of the centerline of an alley. B. Alleys or secondary service drives senring commercial and industrial establishments are required unless other provisions for service are provided. 19. Private Roads. Private Roads as the sole means of access to and fi-om a subdivision or land development to and fiom the public right-of-way are discouraged. Any application involving such a private road shall be approved only at the discretion of the Township, and not as a matter of right on the part of the applicant. Private roads may be permitted for subdivisions of four (4) or more lots, or for land developments containing a maximum of two (2) single family dwellings and only single family dwellings, only when such private roads conform to the specifications and requirements for public streets as specified in this Ordinance. Private roads for subdivisions involving commercial, industrial, or institutional uses; multi-family dwellings; or more than two (2) single family dwellings on one lot, shall not be permitted. For subdivisions containing three (3) lots or less of tracts of land existing as of the date of the amendment of this Section 806 of this Ordinance @e., 1991) private streets may be permitted for access to and fiom said lots to and from the public right-of-way, provided that only one (1) such three (3) lot subdivision shall be permitted for any parcel of land existing as of the date of this Amendment and provided that the following requirements are met: A. All subdivision plans approved by the Township under the provisions of this Section 804 shall include the following note and shall be subject to the provision specified therein: "Restrictions andor conditions relating to private roads serving residential lots: Each Each deed for the transfer or conveyance of any lot shown on the accompanying plat shall contain the following restrictions andor conditions, which conditions and/or restrictions shall be deemed to be covenants running with the land: (1) the private road shown on the plat depicting the subject lot shall remain a private road, and Southampton Township shall have no duty or obligation, under any circumstances, to accept the dedication of the same as a public road of the Township; (2) the purchasers or owners of the subject lot, and their heirs, personal representatives, successors and assigns, shall be responsible for the construction, maintenance, repair and snow removal of said private road; (3) so long as the subject private road remains a private road, Southampton Township shall have no duty, responsibility or liability, relative to the construction, maintenance, repair or snow removal of said private road; (4) no hrther subdivision of any of the subject lots, or the tract fiom which the lots have been subdivided, shall (#286/AVm) nrI-1 z 1 I D I 1 I I 8 I 8 I 1 1 D I I be permitted unless and until said private road has been constructed or improved so as to comport in all respects with prevailing Township standards and specifications, has been offered for dedication unto the Township by at least sixty (60%) percent of the owners or purchasers of the lots abutting the subject private road, and has been accepted by the Township as a public road of the Township." B. There must be full compliance with all other applicable requirements of the Southampton Township Subdivision and Land Development Ordinance. C. All private roads must have a minimum right-of-way width of twenty (20) feet. In addition, the following specifications must be met: 1. 2. 3. 4. 5. 6. The center of the private road must be placed on the center of the twenty (20) foot right-of-way. The cartway of the private road must be at least sixteen (16) feet wide, and improved with a base course that shall consist of eight (8) inches of 2-A stone. The base course shall be measured after it has been compacted with a roller of not less than ten (10) tons in weight. The crown of the private road shall have a fall of one-quarter (1/4) inch to the foot, measured from the centerline to the cartway edge of the private road. When a private road enters a State or Township Road and is constructed with a downward slope toward said road, the entrance of said private road shall be improved as per the specifications for public street pavement contained herein, for a minimum distance of thirty (30) feet from the edge of the existing State or Township cartway. Said pavement shall also be included with any public improvements for guarantee purposes prior to the release of any approved Final Plan. Dead-end private roads are prohibited, unless constructed with an appropriate turn-around . Clear sight distance shall be provided at all intersections in accordance with the requirements of Section 808.2 of This Ordinance. D. Dedications. Whenever an applicant proposes to establish a private road in accordance with the provisions of this Subsection 21; (Private Roads), he shall be required to execute, acknowledge and deliver unto the Township a Private Road Agreement to be prepared at the applicant's expense by the Township Solicitor. Upon the approval, execution, attestation and acknowledgment of such Private Road Agreement by the Southampton Township Board of Supervisors, such Agreement shall be recorded, at the applicant's expense, together with the subdivision or land development plat. Such (#286/AVm) VIII-1 2 Private Road Agreement shall establish the conditions under which the private road may later be offered for dedication to the Township, and shall stipulate, among other things: 1. That the private road will be in good state of repair and constructed in conformity with all Township road specifications, including public street width, and requirements as of the date of the proposed dedication; and 2. That an offer to dedicate the private road will be made only for the private road as a whole; and 3. That agreement to offer the private road for dedication unto the Township by the owners or purchasers of sixty (60%) percent of the lots depicted in the subdivision or land development plat shall be binding upon all owners of the remaining lots; and 4. That the applicant acknowledges and agrees that the Township shall not be obligated or required, under any circumstances, to accept a dedication of the private road unto the Township as a Township road; and 5. That the terms and conditions of the Private Road Agreement shall bind the applicant, and the applicant's heirs, personal representatives, successors and assigns, and shall constitute and be deemed to be a covenant running with the land. SECTION 805 UTILITIES 1. All newly-constructed properties located within one thousand (1,000) feet of a municipal sanitary sewer line or public water system line shall be connected thereto, if' such municipal sanitary sewer system or public water system is available. Where a municipal sanitary sewer system or public water system is not yet available, but is planned by the Township or other governmental or municipal body for extension to the subdivision or land development, the subdivider or land developer shall install sewer andor water lines, including lateral connections, as may be necessary to provide adequate sewer and water service to each lot when connection with a municipal sanitary sewer system or public water system is available. Such sewer and water lines shall be suitably capped at the street right-of-way line. When capped sewers or water fines are provided, on-site sewage disposal facilities and water well facilities shall also be provided. A. Sanitary sewers shall have a minimum inside diameter of eight inches and a minimum grade of 1 0 % . B. Manholes shall be located generally at intervals of 250 feet and in no case more than 300 feet. Manholes are also required at all points of change of course or gade line and (#286/AVm) VIII-13 I 1 I 1 I I I I I I I I I I I I I I I 2. 3. 4. 5. at all points of intersection of sewer lines. Manholes are prohibited inside existing or proposed street pavement, cartway and shoulders. C. Sanitary sewers shall not be used to carry storm water. D. When on-site facilities are necessary, their design, construction and installation shall be in accordance with the requirements of any Township ordinance or regulations governing such on-site facilities, and shall be approved by the sanitary officer or other appropriate governmental health agency. Installation of all sewers, water mains, street lights, manholes and other utilities, shall be in strict accordance with the engineering standards and specifications of the Township, municipal authority or other public utility concerned. Fire hydrants, when provided, shall be located so that the distance from any building frontage to a fire hydrant is not more than 400 feet measured along the curb. Any parking areas shall be designed so as to prohibit parking within fifteen (1 5) feet of any hydrant. Adequate easements or rights-of-way shall be provided for drainage and utilities. The minimum width of easements shall be twenty (20) feet for underground public facilities, overhead public utility facilities and drainage facilities. Wherever possible, easements shall be centered on side or rear lot lines. Additional width may be required by the Township Supervisors on recommendation of the Commission and/or Township Engineer depending on the purpose and use of the easement. Suitable easements may also be required along the course of streams for the fbture installation of sewers. Where feasible, telephone and electric lines shall be installed below ground. All wells shall be drilled no closer than one hundred (100) feet to any property line in common with an active agricultural operation. SECTION 806 OTaER PUBLIC FACILITIES 1. Land Requirements. Reservations, if any, by the developer of any area designed for use as public grounds shall be of suitable size and location for their designated uses. Areas set aside for recreational or school purposes shall be reasonably compact parcels, placed to serve all parts of the subdivision or land development, accessible from a public street and not excessively irregular in terrain. 2. Play Lots. Play lots for children of preschool age shall be from 2,000 to 5,000 square feet in area. 3. Landmarks. Whenever possible, or whenever directed by the Township Supervisors or Planning Commission, subdividers and land developers shall preserve trees more than six (6) (#286/AVm) wrr-I 4 inches in diameter at the trunk, groves, waterways, scenic points, historic spots and other community assets and landmarks. 4. Playground. In subdivisions or land developments that provide or are intended to provide housing facilities for more than twenty-five (25) families, the Planning Commission shall consider the need for suitable open areas for recreation. Standards to be used by the PIanning Commission as guides in requiring the reservation of space for recreation shall be as follows: Families to be Served Playground Acreage 25 -50 1 .oo 51 -174 175 -374 375 -624 625 -800 3.50 4.75 5.27 6.00 5. Fees in Lieu of Reservation. In lieu of reservation of land as aforesaid the developer or subdivider shall pay a fee to the Township of Southampton in an amount based upon a schedule of fees adopted by resolution of the Board of Supervisors. Said fee schedule shall establish a set fee for lots and dwelling units thereon and may be revised fkom time to time without fkther amendment of this Ordinance. All fees hereunder shall be due and payable in hll upon approval of the Subdivision or Land Development Plan or any phase or section thereof 6. Monuments. Permanent monuments shall be placed throughout the subdivision in accordance with the Township specifications, to give fidl surveying control for each block and for all areas of dedicated land or public easement. Monuments shall not be set in the ground until final grading is completed. SECTION 807 EROSION AND SEDIMENTATION CONTROL STANDARDS AND SPECIFICATIONS 1. The installation and design of required erosion and sedimentation control facilities shall be in accordance with standards and specifications contained in the latest edition of the DEP Erosion and Sediment Pollution Control Program Manual and all other aspects of DEP Chapter 102 regulations. 2. Stream channel construction on watersheds with drainage areas in excess of 320 acres, or in those cases where downstream hazards exist, will conform to criteria enforced by the Division of Dams and Encroachments, Pennsylvania Department of Environmental Protection. I I l 4 1 I I I I I I I I I (#286/AVIII) vrrr-I 5 I SECTION SO8 TRAFFIC IMPACT STUDIES 1. Uses Rectuiring a Traffic Studv I I I I I I I I I I I e I At the time of any required preliminary plan submittal for any of the following under the Township Subdivision and Land Development Ordinance, for any of the following uses, the applicant shall submit a traffic study and a written report, when: A. FiRy (50) or more dwelling units are proposed. B. More than 20,000 square feet of total floor area of commercial space. C. More than 30,000 square feet of total floor area of office space. D. Any truck terminal, or more than 60,000 square feet of total floor area of industrial space. E. More than 30,000 square feet of total floor are of institutional space. F. Any use or combination of uses that would generate results greater than 1,500 trips per day. 2. Scope of Study Such a traffic study shall meet the requirements set forth below: A. Costs. The full costs of completing the study and of a review by the Township Engineer or other Township representative shall be borne by the applicant. B. Selection of Engineer. The Board of Supervisors shall provide a list of four or more persons or firms that are qualified traffic engineers or traffic planners. The applicant shall select one of the persons or firms from this list. C. Study Area. Prior to initiation of the traffic study, the tr&c engineer or planner shall meet with the Board of Supervisors to establish the area to be studied. This area shall be limited to streets and intersections within a maximum of one mile of the proposed project boundaries. If no arterial or collector road as classified in the most recent version of the Southampton Township Comprehensive Plan is located within one mile of the proposed project boundaries, the study area shall be expanded to include those areas between the proposed project boundaries and the nearest collector or arterial road. D. Joint Studies. Joint traffic studies between different applicants are strongly encouraged. If a recent and relevant study is available, that information may be used if applicable as a basis for this required study. (#286/AVm) VIII-16 E. F. G. H. I. J. K. L. Fees. In place of individual traffic studies, the Board of Supervisors may require that an applicant provide a fee in lieu of a study. This fee shall only be used towards the costs of traffic studies sponsored by the Township. Any such fee shall be established by resolution or ordinance of the Board of Supervisors. Proiect Description. Any study shall include a description of the proposed development, its proposed access, and the surrounding street system. If a development is proposed to occur in stages, each stage shall be described and taken into account in the study. If the applicant owns other lands within the study area, reasonable assumptions shall be made about how that land can be expected to be developed, and shall be taken into account. Existing Traffic Conditions. The traffic volumes and service levels during the a.m. and p-m, peak hours shall be presented for all streets and intersections in the study area that can be expected to be significantly impacted. TrafEc volumes shall be based upon actual counts that occurred within the prior two years and not upon State estimates. The locations of all accidents reportable to the State Police within the study area during a recent two year period shall be noted. ExDected Traffic Generation. The study shall include an estimate of the number of trips expected to be generated by the use and any future stages during the a.m. and p.m. peak hours. Such estimates shall be based upon the latest published estimates of the Institute of Transportation Engineers, or its successor entity. Projected Effects. The study shall take into account not only the use proposed by the applicant, but also other uses and developments that have received building permits or preliminary subdivision or land development approval fi-om a municipality. The study shall project a.m. and p.m. peak hour traffic volumes and levels of service on impacted intersections and streets. If the traffic generation by the development would be more than 30 percent greater during any any hour other than the a.m. or p.m. peak hours on adjacent streets, the study shall analyze both the peak hours for the development and for adjacent streets. The study shall project what directions the traffic generated will head towards. Levels of Service. The study shall use the description of the levels of service (A, B, C, D, E and F) for streets and highways established by the U.S. Department of Transportation. Signal Warrants. Heavily traveled intersections at entrances to the development and other major unsignalized intersections in the study area shall be studied to determine whether a traffic signal is warranted by PennDOT criteria. Clear Sight Distance. Clear sight distance shall be provided for each proposed point of in-g ress and egress. Said sight distance shall be in accordance with prevailing (#2 86/AVm) vrn-I 7 1 I I I I I I I 1 I 1 I I I I I I I I PennDOT requirements for the desirable or safe sight distance as published in Chapter 441 of 67 Pa. Code. Safe stopping sight distance values shall be acceptable only when it is demonstrated to the satisfaction of the Township that it is impossible to achieve the desirable value by locating the access at any point within the property frontage boundaries. M. Needed Improvements. The study may take into account traffic improvements, which are clearly hnded and will occur within the next two years. The study shall include suggestions for how each congested or hazardous intersection in the study area should be improved to reduce the hazard or congestion, along with a rough estimate of the cost of that improvement. N. Applicant's Response. The applicant shall respond to the traffic study with proposals on what traffic improvements, right-of-way dedications, or commitments of financing for specific projects the applicant proposes to commit to resolve the negative traffic impacts of the proposed development. Such improvements or financing may be staged relative to the stages of the development. The applicant may also agree to commit towards the long-term support of a program to reduce peak hour traffic by private vehicles, through programs such as van pooling, support of mass transit or staggered work hours, in place of certain structural improvements. (#286/AVIII) VIII-18 ARTICLE M IMPROVEMENT STANDARDS SECTION 900 CONSTRUCTION OF IMPROVEMENTS The subdivider or developer shall grade and pave the streets and install all other necessary improvements at no expense to the Township including where required, curbs, sidewalks, water mains, erosion, sedimentation and water management control facilities, sanitary and storm sewers, street lights, fire hydrants, street name signs, and other facilities and utilities required by the Board, in strict accordance with the requirements of this Article and the standards and specifications of the Township. Construction and inspection of all such facilities and utilities shall be subject to inspection by appropriate Township officials during the progress of the work. The subdivider or developer shall not begin work on structures in any part of the subdivision or land development until the streets in that part have been graded to within four (4) inches of the finished grade. SECTION 901 MATERIALS AND CONSTRUCTION STANDARDS Materials and construction standards for streets, curbs and gutters, sidewalks and any other facilities or utilities required by the Township shall conform to regulations and standards of the Township. SECTION 902 STANDARDS FOR MONUMENTS AND MARKERS Monuments and markers must be placed so that the scored or marked point coincides exactly with the point of intersection of the lines being monumented. Monuments and markers must be set so they are level with the finished grade of the surrounding ground. Monumentsmust be marked on top with a copper or brass plate or dowel set in the concrete. Generally all work shall conform to Standards put forth by the American Congress of Surveying and Mapping and the following minimum standards: 1. Monuments. Monuments shall be four (4) inches square at the surface, thirty (30) inches long and made of concrete, stone, or by setting a four (4) inch cast iron or steel pipe filled with concrete. Monuments shall be set as follows: A. At the intersection of all street right-of-way lines. B. At the intersection of lines forming angles in boundaries of the subdivision. (#286/AIX) IX-1 I' I I I I I I I I I I I 1 I I I I I I I I 1 1 m I I I I C. A minimum of two (2) monuments shall be required for subdivisions or developments containing less than 50 acres, provided, however, that there is a clear sight between monuments. The Township reserves the right to require additional monuments at such places as maybe required by the Engineer to adequately establish horizontal control. D. A minimum of three (3) monuments shall be required for subdivisions or developments containing 50 acres or more, provided, however, that there is a clear sight between monuments. The Township reserves the right to require additional monuments at such places as may be required by the Engineer to adequately establish horizontal control. 2. Markers. Markers shall be three-quarters of an inch (3/4") square or three-quarters of an inch (3/4") diameter, and fifteen (15) inches long. Markers shall be made of iron or steel bars. Markers shall be set: A. At all lot corners except those monumented; B. Prior to the time the lot is offered for sale or after the building is erected and grading is complete. SECTION 903 STREET CONSTRUCTION 1. General All street construction shall be subject to supervision by the Township Supervisors, or their representatives, and shall be consistent with the grades and dimensions drawn on the plans, profiles, and cross-sections submitted by the applicant and approved by the Township Supervisors. Figure 2 that follows illustrates an acceptable typical cross-section for streets and roads within the Township. The applicant shall reimburse the Township for the actual cost of the required final inspection of the subgrade and subbase construction by the Township Supervisors, or their representatives. 2. Subgrade Prior to laying the subbase, the applicant shall (1) remove all top soil fi-om the designated cartway, (2) remove all pockets of soft yielding, or otherwise unsatisfactory material prior to laying subbase the applicant shall use eight (8") inches of approved shale, or acceptable coarse-grained material, (3) bring the cartway to grade level with approved shale, or acceptable, coarse-grained material, compacted at six (6") inch depth intervals, (4) make provisions for adequate surface and subsurface drainage, and (5) install required utilities. I (#286/AIX) IX-2 c * 60’ FOR COLLECTOR ROADS ** 8’ FOR COLLECTOR ROADS *** 1 1 ’ FOR COLLECTOR ROADS 50’ R.O.W. * C BASE COURSE TO CONSIST OF EITHER: 6” OF ROLLED AND COMPACTED 2A STONE AGGREGATE OR 4” ROLLED AND COMPACTED APPROVED SHALE IN ACCORDANCE WITH TOW NSHl P SPECl FI CAT1 ONS . COMPACTED SUBGRADE FREE OF ALL TOPSOIL AND HUMUS MATERIAL; GRADED TO A UNIFORM LEVEL WITH APPROVED SHALE OR ACCEPTABLE, COARSE-GRAINED MATERIAL, FREE OF ALL DEPRESSIONS AND Son SPOTS IN ACCORDANCE WITH TOWNSH I P SPECl FICATIONS. 3” ROLLED AND COMPACTED ID2 BINDER COURSE, RESIDENTIAL DRIVEWAY CROSSING OF THE NPICAL STREET DRAINAGE OR MAIN DRAINAGE CHANNEL SHALL MAINTAIN WEARING COURSE OR THE MINIMUM CROSS-SECTION AND GRADIENT OF THE 4” ROLLED AND COMPACTED MOTORPAVED FB-1 CHANNEL. NO PIPES ARE TO BE UTILIZED UNDER DRIVEWAYS COMPACTED BASE, 2” ROLLED, COMPACTED AND UNLESS REVIEWED AND APPROVED BY THE TOWNSHIP SEALED MOTORPAVED FB-1 WEARING COURSE SUPERVISORS IN ADVANCE OF INSTALLATION. IN ACCORDANCE WITH TOWNSHIP SPECIFICATIONS. 1 -1/2” ROLLED AND COMPACTED 102 FIGURE 2 SOUTHAMPTON TOWNSHIP FRANKLIN COUNTY TYPICAL STREET /ROAD CROSS-SECTION FOR MINOR STREETS, LOCAL ROADS AND COLLECTOR ROADS. 3. 4. 5. 6. Subbase The applicant shall noti@the Township Supervisors in writing of impending construction of the subbase, and thereby, request final inspection of the subgrade. The subbase shall consist of six (6") inches of 2A modified stone rolled and compacted, or four (4") inches of compacted approved shale four (4") inches of 2A modified stone, rolled and compacted. Pavement The applicant shall notifjr the Township Supervisors in writing of the impending construction of the pavement, and thereby, request final inspection of the subbase. The pavement, including shoulders, shall be: A. Base course consisting of three (3") inches of compacted ID-2 with a wearing coat of one and one half (1-1/2") inches of ID-2 sealed at curbs, if applicable; or B. MotorRave with a four (4") inch FB-I compacted base, and two (2") inches of compacted and sealed (FB-I) wearing course. C. The applicant shall permanently mark the centerline of all proposed collector roads with a four (4) inch wide yellow line. Arterial Streets For the construction of arterial roads or highways, the subdivider shall consult the Township Supervisors and be governed by the Pennsylvania Department of Transportation for the method of construction to be used. The Township Supervisors on the recommendation of the Commission, shall decide if a collector or arterial street is required as a direct result of the construction of his subdivision. Commercial & Industrial Driveway Entrances Driveway entrances or aprons within the street right-of-way shall be surfaced to their full width, and in no case shall be less than ten (10') feet, the type of surface to be the same as specified above. Where sidewalks are installed, the required driveway surfacing shall end at the street side of the sidewalk. A. Driveway entrances along street, where curbs are not required, shall be constructed to provide proper drainage along the streets and from the streets by the continuation of gutters, swales or ditches. (#286/AD<) IX-3 B. Driveways entrances along streets, where curbs are required, shall be constructed so that the driveway meets the edge of the cartway as a continuation of the slope from the crown of the street for not less than five (5') feet. SECTION 904 STANDARDS FOR SIDEWALKS All construction of sidewalks within the Township shall conform to all of the following minimum requirements: 1. Installation. Wherever a proposed subdivision or land development shall have an average of four (4) or more lots or dwelling units per net acre or is immediately adjacent to or within one thousand (1,000) feet of any existing or recorded subdivision or land development located along the same side of a connecting street having sidewalks, sidewalks shall be installed on all lot frontages. A. Sidewalks shall be within the right-of-way of the street B. Sidewalks must be at least four (4) feet wide. In the vicinity of shopping centers, schools, recreation areas and other such facilities, sidewalks must be at least five (5) feet wide and located within the street right-of-way. 2. Construction. Sidewalks shall be constructed of cement concrete according to the standards set forth in the most recent edition or revision of PennDOT Specifications, Form 408. SECTION 905 STANDARDS FOR SEWER AND WATER SYSTEMS 1. If a public sanitary sewer system is available (within one thousand (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 property within the proposed project. All plans and installations shall be subject to the approval of Southampton Township Supervisors. The Board of Supervisors reserves the right to waive this requirement where owing to topographic features or character of development, such connection would be an undue hardship. 2. Where a public sanitary sewer system is not accessible but is planned for extension to the subdivision or land development or to within one thousand (1,000) feet of any part of the subdivision or land development the subdivider or developer shall install sewer lines, including lateral connections, to provide adequate service to each lot within the proposed project when connection with the public system is made. The sewer lines shall be capped at the limits of the subdivision, mobile home park, or land development and the laterals shall be (#286/AIX) IX-4 I I 1 I I 1 I I I I 1 8 1 I I 1 I I ~ I ' I I I I I I I I I I I I I I I I 3. 4. 5. capped at the street or sewerage right-of-way line. AIJ plans and installations shall be subject to the approval of the Southampton Township Supervisors. When capped sewers are provided, on-site disposal facilities shall also be provided. (A sewer shall be considered to be planned for extension to a given area any time after engineering and related studies have been approved by the Pennsylvania Department of Environmental Resources and other agencies preparatory to the construction of facilities within one thousand (I ,000) feet of any part of the subdivision or land development.) In lieu of providing the required sewer facilities, the subdivider or developer may upon approval of the Southampton Township Supervisors escrow an amount of money necessary to cover the costs of providing the required sewer facilities under terms acceptable to the Board of Supervisors. In any portion of the Township defined in Item 2 above where a central sewerage system is proposed, proposed, such system shall be subject to the approval of the Southampton Township Board of Supervisors and the Authority to whom the system is to be dedicated which may establish conditions for hture acceptance by the Board andlor Authority of such system. Such conditions may include a deferral of acceptance or a permanent rehsal to accept. When a proposed subdivision or land development intends to utilize a public or Township owned water supply system, the subdivider or land developer shall submit to the Township satisfactory evidence from the applicable agency approving of such utilization. All private, central water supply systems shall be designed in accordance with the applicable regulations of the Department of Environmental Protection SECTION 906 STANDARDS FOR STORM WATER MANAGEMENT 1. Scope. A Storm Water Management Plan shall be required for each subdivision or land development at both the preliminary and final plan submittal stage. As an integral part of the Storm Water Management Plan, erosion and sedimentation control measures shall be included. For the purposes of This Section of the Ordinance, any expansion or construction which covers an area in excess of five thousand (5,000) square feet of impervious and/or stone area shall require a Storm Water Management Plan approved by the Township Engineer in accordance with the applicable regulations of This Section. The 5,000 square foot requirement applies to an individual large project, projects that exceed a cumulative total of 5,000 square feet after the effective date of This Ordinance, and any projects occurring after the 5,000 square foot level has been reached. 2. Waiver. Any request for waivers of a Storm Water Management Plan shall be reviewed on an individual site basis using the criteria contained in this Section. A waiver of these Standards may be granted by the Supervisors for a development or subdivision which can be demonstrated to generate no increase in storm water runoff. (#286/AIX) IX-5 3. Content of Storm Water Management Plan. 1: I I I A. B. C. D. E. F. G. H. I. A general description of the proposed project along with a narrative of the management proposal and conclusions describing the storm water management techniques, type of storage and conveyance facilities, and a comparison between predevellopmen and post-development runoff levels Project location on a 7.5 minute U.S.G.S. Map or equivalent. Topographic features of this site and adjacent lands that are considered to impact upon the storm water management plan design. Runoff calculations for the entire watershed and related design computations necessary to substantiate the proposed temporary and permanent storm water management facilities. Design and Specifications of temporary and permanent storm water management facilities. Staging or Implementation Schedule for constructing the proposed storm water control system. Maintenance and ownership provisions. The characteristics of the subsurface strata beneath any storm water facility. The potential for the development of sinkholes and other karst-related features shall be described. Seal and signature of the registered engineer or surveyor responsible for the Storm Water Management Plan. 4. Design Standards. The design of all storm water management facilities shall incorporate sound engineering principles and practices. The Township shall reserve the right to disapprove any design that would result in the occupancy or continuation of an adverse hydrologic or hydraulic condition within the watershed. Computations for determining storm water runoff and for the design of storm water management facilities for drainage areas greater than thirty (30) acres shall be based upon the soil-cover-complex method described in either TR-55, Urban Hydrology for Small Watersheds; the United States Department of Agriculture, Soil Conservation Service Engineering Field Manual; or the Soil Conservation Service National Engineering Handbook, Section 4. Drainage areas of twenty (20) acres or less shall be based based upon the modified rational procedure as described in Recommended Hydrologic Procedures for Computing Urban Runoff from Small Watersheds in Pennsylvania, available from the Commonwealth of Pennsylvania, Department of Environmental Protection. Either method may be used for areas between twenty (20) and (#286/AE) IX-6 1 I I B I I 1 I I 30 acres. For each area or subarea analyzed, use the same analytical method for the predevellopmen and post-development conditions. The Township may require that computed existing runoff rates be reconciled with field observations and conditions. If the designer can substantiate through actual physical calibration that more appropriate runoff and time of concentration values should be utilized at a particular site, then appropriate variations may be made upon review and recommendation of the Township Engineer. The Storm Water Management Plan shall effectively demonstrate the control of postdevellopmen peak discharge rates to pre-development peak discharge rates based on the following standards: A. B. C. D. E. (#286/AIX) All pre-development calculations shall be based upon existing land uses except existing agricultural uses which shall be based on the following land use descriptions: --Pasture, Good Condition -Meadow, Good Condition -Farmstead Cultivated Land, with Conservation Treatment Any areas existing or designed to be either initially or ultimately gravel, shale, or crushed stone shall be assumed to be impervious. Pre-development storm water runoff shall be calculated for the two-year, five-year and ten-year storm events. Release rates from storage structures shall be based on the runoff fiom the two-year, five-year and ten-year pre-development storm events. Storage structures shall be designed such that the post development two-yew, fiveyeea and ten-year peak discharges will not exceed the pre-development two-year, fiveyeea and ten-year peak discharges for the primary outlet structure. All storage structures shall be designed with emergency spillways. The minimum design capacity of the emergency spillways shall be the 25-year post-development peak discharge while maintaining a minimum 1.0 foot fieeboard. Basins shall be kept in a maintainable condition with a minimum bottom slope of one (1) percent. Paved or concrete low flow channels are recommended in detention basins to completely drain them and to carry low flows from inflow culverts to the principal spillway. With low flow channels, the minimum bottom slope of the basin shall be one-half(0.5) percent. Culverts, pipes, and other water carrying structures shall be designed to handle the peak discharge from the ten-year post-development storm event. All culverts and pipes installed under Township roads or roads proposed for dedication to the Township shall be constructed of reinforced concrete. IX-7 F. The Storm Water Management Plan shall include calculations indicating velocities of flour, grades, sizes, and capacities of water carrying structures, debris or sediment basins, and retention and detention structures and sufficient design information to construct such facilities. G. Storm water runoff calculations using the rational method shall be based on the following sixty (60) minute rainfall intensities: -7 I I I I Design Storm Frequency (Yeas) 2 5 10 25 50 100 Raiddl Intensity (inches per hour) 1.28 1.89 2.29 2.78 3.17 3.53 Storm water runoff calculations using th soil-cover-complex method shall be based on the following twenty-four (24) hour storm event rainfall depths: Design Storm Frequency (years) 2 * 5 10 25 50 100 Rainfall (inches) 2.9 3.8 4.8 5.1 5.9 6.4 H. Maximum permitted velocities are as follows: 1. Three (3) feet per second where only sparse vegetation can be established. 2. Four (4) feet per second under normal conditions where vegetation is to be established by seeding. 3. Five (5) feet per second where a dense, Vigorous sod can be quickly established or where water can be temporarily diverted during establishment of vegetation. 4. Six (6) feet per second where well established sod is in existence. (#286/AIX) IX-8 I I I I I 1 I I I I I I I I I 1. J. K. L. M. (#2 86lfdX) 5. For lined water canying channels, the following velocities are required: a. b. C. d. e. f g. Six (6) inch rock rip-rap -Up to six (6) feet per second. Nine (9) inch rock rip-rap -Up to eight (8) feet per second. Asphalt -Up to seven (7) feet per second. Durable bedrock -Up to eight (8) feet per second. Twelve (12) inch rock rip-rap -Up to nine (9) feet per second. Concrete or steel -Up to twelve (12) feet per second. The normal maximum velocity of open channel flows shall not exceed ten (10) feet per second. Energy dissipators shall be placed at the outlets of all pipes where flow velocities exceed maximum permitted channel velocities. Vertical pipes, inlets, and other surface water receiving structures shall be installed with trash racks. Storm water runoff channels shall be designed and installed to avoid trapping excess sediment. The use of subsurface retention, detention or infiltration BMP methods will be permitted only in areas where the Township finds that the soils have have adequate percolation rates and that the underlying geology is not susceptible to solutioning (i.e. limestone). The design calculations shall include field testing results verifying the percolation rate and soil permeability, identification of the underlying bedrock and its depth, and a site analysis by a professional geologist licensed in the Commonwealth of Pennsylvania discussing the characteristics of the property and any recommendations for construction. A geologic evaluation to determine susceptibility to sinkhole formation shall also be required for detention or retention basins proposed to be located on lands underlain by limestone. The design of such facilities shall also include measures to prevent ground water contamination and, where necessary, sinkhole formation. The Township may require the installation of an impermeable liner in detention basins. Proposed lots or buildings adjacent to basins and significant channels shall have a finished first floor elevation of two (2) feet above the one one hundred (100) year storm event level calculated for these facilities. The plans shall explicitly indicate the minimum allowable finished first floor elevation for these lots or buildings. IX-9 5. 6. 7. Erosion and Sedimentation. Erosion and sedimentation control measures shall be in accordance with the applicable standards and specifications set forth in the latest edition of the DEP Erosion and Sediment Pollution Control Program Manual and all other aspects of DEP Chapter 102 regulations. Areas proposed for infiltration BMPs shall be protected fi-om sedimentation and compaction during construction, so as to maintain their infiltration capacity. Infiltration BMPs shall not be constructed nor receive runoff until the entire contributory drainage area to the infiltration BMP has been completely stabilized. Ownership and Maintenance ProFram. Each Storm Water Management Plan shall contain provisions which clearly set forth the ownership and maintenance responsibility of all temporary and permanent storm water management facilities, and erosion and sedimentation control facilities, including: A. Description of temporary and permanent maintenance requirements. B. Identification of the responsible individual, corporation, association or other entity for ownership and maintenance of both temporary and permanent storm water management and erosion and sedimentation control facilities. C. Establishment of suitable easements for access to all facilities. D. The intent of these Regulations is to provide private ownership and maintenance of storm water management and erosion and sedimentation control facilities. The Board of Supervisors, upon recommendation of the Township Engineer, shall make the final determination as to the continuing maintenance responsibilities prior to final approval of the storm water management plan. The Board of Supervisors reserves the right to accept or reject ownership, operation and maintenance responsibility for any and all proposed stormwater management controls. Basic Construction Criteria, Construction standards of storm water management and erosion control facilities shall be in accordance with the approved Plans and accompanying Specifications, if any. In addition, as-built drawings of d storm water detention, retention, collection and conveyance facilities shall be required in accordance with Section 700.9 of This Ordinance. The construction details and standards of the following publications in their most recent revision shall be acceptable: A. DEP Erosion and Sediment Pollution Control Program Manual and all other aspects of DEP Chapter 102 regulations; and B. PennDOT, Form 408, Specifications; and I C. PennDOT, RC Series, Roadway Construction Standards. (#286/AIX) IX-10 8. Water Quality Requirements. In addition to the design standard requirements of This Section, the developer shall comply with the following water quality requirements unless otherwise exempted by the provisions of This Ordinance. A. B. c. D. Detain the one (1) year, twenty-four (24) hour design storm using the SCS Type I1 distribution. Provisions shall be made so that the 1-year storm takes a minimum of 24 hours to drain fiom the facility from a point where the maximum volume of water from the I-year storm is captured. (i.e., the maximum water surface elevation is achieved in the facility.) Release of water can begin at the start of the storm. (i.e., the invert of the water quality orifice is at the invert of the facility.) The design of the facility shall consider and minimize the chances of clogging and sedimentation potential. To accomplish the objectives of water quality, the developer may submit original and innovative designs to the Township for review and approval. Such designs may achieve the objectives of water quality through a combination of BMPs (Best Management Practices). In selecting the appropriate BMPs or combinations thereof, the developer shall consider the following: total contributing area, permeability and infiltration rate of the soils, slope and depth to bedrock, seasonal high water table, proximity to building foundations and well heads, erodibility of soils, and land availability and configuration of the topography. The following additional factors should be considered when evaluating the suitability of BMPs: peak discharge and required volume control, streambank erosion, efficiency to mitigate water quality problems, the volume of runoff to be effectively treated, nature of the pollutant(s) to be removed, maintenance requirements, creatiodprotection of aquatic and wildliie habitat, recreational value, and enhancement of aesthetics and property values. SECTION 907 EROSION AND SEDIMENTATION CONTROL STANDARDS AND SPECIFICATIONS The measures used to control erosion and reduce sedimentation shall as a minimum meet the erosion and sediment control standards and specifications as set forth in the latest edition of the DEP Erosion and Sediment Pollution Control Program Manual and all other aspects of DEP Chapter 102 regulations as adopted by the Southampton Township Supervisors by this Ordinance as the Township standards and specifications. The Township Engineer, or other officials as designated, shall ensure compliance with the appropriate specifications, and provisions. (#286/AIX) IX-11 ARTICLE X MOBULE HOME PARK mGULATIONS SECTION 1000 PROCEDURE No person, firm or corporation shall construct, maintain or operate a mobile home park within the Township without first obtaining a Mobile Home Park Permit from Southampton Township. The procedures and standards for acting upon mobile home park applications shall be the same as for subdivision and land development applications and in accordance with the provisions of this Ordinance, including, but not limited to, the provisions of acceptable financial security to the Township to secure the installation of required on-site improvements, unless otherwise specified in this Article. Mobile Home Park Permit. Prior to the issuance of a Mobile Home Park Permit, applications shall be submitted to and approved by the Township Planning Commission and the Board of Supervisors in accordance with the requirements and procedures of Article V, VI, and VI1 of this Ordinance, regarding Pre-application Consultation, Preliminary Plats and Final Plats, and the followitig conditions: 1. 2. 3. Said application shall include areas within which mobile homes may be located, the spacing of mobile homes, open spaces and their landscaping, off-street parking spaces and streets, driveways, utilities, watercourses and any other physical features relevant to the proposed mobile home park. Board of SuDeTvisors' Public Hearing. Before acting on any preliminary mobile home park plan, the Board of Supervisors shall arrange for a public hearing. Such public hearing shall be held after reviewing the recommendations, if any, of the Planning Commission, and within twenty (20) days of receipt of the said recommendations. This hearing shall be advertised in a newspaper of general circulation in the Township at least ten (10) days before such hearing, and notice of said hearing shall be posted by certified mail to the owners of property abutting the site and directly across an adjoining street and to any other persons that the Supervisors may feel to be particularly affected. Board of Supervisors' Action. The Board of Supervisors shall take official action on a preliminary mobile home park plan after it has received the report of the Township Planning Conmission and after the required public hearing. The Board of Supervisors shall note its action on three (3) copies of the plans. One (1) copy shall be returned to the applicant, and two (2) copies shall be retained for Township use. (#286/AX) x-1 SECTION 1001 APPROVAL OF SITE PLAN In considering and acting upon mobile home park plans, 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 residents of the immediate neighborhood in particular, and may prescribe appropriate conditions and safeguards as may be required in order that the result of its action may, to the maximum extent possible, firther the expressed intent of this Ordinance and the accomplishment of the following objectives in particular: 1. 2. 3. 4. 5. Traffic Access. That all proposed traffic access and ways are adequate but not excessive in number; adequate in width, grade, alignment and visibility not located too near street comers or other places of public assembly; and other similar safety considerations. Circulation and Parking. That adequate Off-street parking and loading spaces are provided to prevent parking in public streets of vehicles of any persons connected with or visiting the park, and that the interior circulation system is adequate to provide safe accessibility to all required off-street parking lots. LandscaDina and Screening That all playground, parking and service areas are reasonably screened at all seasons of the year fiom view of adjacent residential lots and streets and that the general landscaping of the site is in character with that generally prevailing in the neighborhood. Existing trees over 8” in diameter measured 4-1/2’ above the average level shall be retained to a maximum extent possible. Illumination. That lighting from the installation of outdoor flood or spot lighting and illuminated signs will be properly shielded so that such lighting will not adversely affect any abutting property or public street. Procedure A. B. (#286/AX) Pre-submission Conference. Prior to the submission of Site Plan, the applicant shall meet in person with the Commission. The purpose of such conference shall be to discuss proposed uses of development in order to determine which which of the Site Development Plan elements listed in this Article shall be submitted to the Commission in order for said commission to determine conformity with the provisions and intent of this Ordinance. Commission Review. In reviewing the application, the commission may secure the advice or assistance of one or more expert consultants as qualified to advise as to whether a proposed use will conform to the requirements of this Ordinance. The assistance of a consultant, if sought, must be obtained within 10 days of the receipt of the application by the Commission. Such consultant shall report within 20 days after receipt of such request from the Commission whether or not the use applied for will be operated in conformance with the perfbnnance standards, and if not, what x-2 modification in design or operation would be necessary for conformance. A copy of the report of such consultant(s) shall be furnished to the Commission and applicant. C. Board Action. The Board of Supervisors shall act to approve, modify and approve, or disapprove any such Site Plan within 30 days after the meeting at which approval is requested. Failure to act within 30 days shall be deemed approval. Board of Supervisors disapproval shaIl include written findings upon any Site Plan element found contrary to the provisions. 6. Effect of Site DeveloDment Plan Approval. No mobile home park permit shall be issued for any structure covered by this Ordinance until an approved Site Plan or approved amendment of any such plan has been secured by the applicant from the Board of Supervisors. 7. Site Plan Elements. The applicant shall cause a Site Plan Map to be prepared by a civil engineer, registered surveyor or architect. Site Plan elements shall include those listed below which are appropriate to the proposed development: A. LeaalData 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. (#286/Ax) Lot, block, and section number of the property taken from the latest tax records. Name and address of the owner of record. Name and address of person, firm, or organization preparing the map. Date, north point, and written and graphic scale. Sufficient description of information to define precisely the boundaries of the property. All distances shall be in feet and hundredths of a foot. All angles shall be given to the nearest 10 seconds or closer. The error of closure shall not exceed one in five thousand. The locations, names, and existing widths of adjacent streets and curb lines. The locations and owners of all adjoining lands as shown on the latest tax records. Location, width, and purpose of a11 existing and proposed easements, set-backs, reservations, and areas dedicated to public use within or adjoining the property. A complete outline of existing deed restrictions or covenants applying to the property. Existing zoning, if any. x-3 I' 1 1 1 I I II I 1 I I B. C. D. Natural Features 1. Existing contours with intervals of five (5) feet or less, referred to a datum satisfactory to the Board. Approximate boundaries of any areas subject to flooding or storm water overflow. Location of existing watercourses, marshes, wooded areas, rock outcrops, isolated trees with a diameter of eight or more inches, measured 6-1/2 feet above that average ground level, and other significant existing features. Soil percolation test results as required by the Board. Detailed soil survey map as required by the Board. 2. 3. 4. 5. Existing Structures and Utilities On and Within 200 Feet of the Site 1. 2 . 3. Location of uses and outlines of structures drawn to scale. Paved areas, sidewalks, and vehicular access. Locations, dimensions, grades and flow direction of existing sewers, culverts, water lines as well as other underground and above ground utilities within and adjacent to the property. 4. Other existing development, including fences, landscaping and screening. ProPosed Development 1. 2. 3. 4. 5. The location of proposed buildings or structural improvements. The location and design of all uses not requiring structures, such as off-street parking and loading areas. The locations, direction, power and time of use for any proposed outdoor lighting or public address systems. The location and plans for any outdoor signs. The location and arrangement of proposed means of ingress and egress, including sidewalks, driveways, or other paved areas. Profiles indicating grading and cross-sections showing width of roadway, location and width of sidewalks, and location and side of water and sewer lines. (#286/AX) x-4 6. 7. 8. 9. 10. 1 1 . Any proposed grading, screening, and other landscaping including types and locations of proposed trees. The location of all proposed water lines, valves and hydrants and of all sewer 1 I lines and manholes or alternate means of water supply and distribution and sewage disposal and treatment. SECTION 1002 RENEWABLE MOBILE HOME PARK PERMIT 1. 2. 3. 4. The Southampton Township Board of Supervisors may grant a Mobile Home Park Permit for a period not to exceed twelve (12) months from the date of approval of such permit, which shall be renewed every twelve (12) months thereafter. The Township Supervisors or the Township Code Enforcement officer 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. Permits for phased development shall be issued for each phase separately, as said phases were indicated on the approved plan. The owner(s) or proprietor(s) of every mobile home park shall keep a register, and shall file a true and correct copy of the same with the Township on each annual anniversary date of such mobile home park's Mobile Home Park Permit, stating: the name of the person or head of family occupying each mobile home; the date when each such person or head of household commenced to occupy a mobile home in the mobile home park; the serial number, make and size of each mobile home, and the names of all persons using or residing in said mobile home; and the previous permanent address of the person or head of family occupying each mobile home. Said register and mobile home park shall be subject to inspection periodically by the Township Supervisors or the Code Enforcement Officer. It shall be incumbent upon the proprietor of the mobile home park to have abandoned automobiles removed and unsightly conditions corrected. An outline of any proposed deed restrictions or covenants. Any contemplated public improvements on or adjoining the property. If the Site Plan only indicates a first stage, a supplementary plan shall indicate ultimate development. Any other information deemed by the Board of Supervisors to be necessary to determine conformity of the Site Plan with the intent and regulations of this ordinance. 1 1 8 I I I 1 I I 1 I II 1 I (#2 86/AX) x-5 1 I I 1 I I I 1 I I I 8 I I D I I SECTION 1003 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 tract of land at least ten (10) acres in size. The area of said site shall be in single ownership or under unified control. SECTION 1004 LOT REOUIREMENTS 1. 2. 3. 4. 5. All lots in any mobile home park shall be well drained and graded to a point where mobile homes may be parked so that the parking of the same shall result in safety to all concerned. In all instances as much natural vegetation as is reasonably possible shall be preserved by any mobile home park developer. Individual mobile home lots located in a mobile home park shall contain at least 7,500 square feet of lot area and shall not be less than 75 feet wide at the building setback line exclusive of easements. The maximum number of mobile home lots that may be approved in a mobile home park shall be computed by by subtracting from the total gross area a fixed percentage of 10% of said area for usable open space and dividing the remaining 90% of the area by the minimum lot requirements set forth above. Consideration shall be given to the provision of adequate area for streets and parking when computing the maximum number of lots. In computing the maximum number of mobile home lots that may be created, any areas of the proposed mobile home park which are located within a floodplain or wetland area, which are subject to either periodic flooding or poor drainage, which are occupied by public utility easements, or which have a slope in excess of 25% so as to limit or prevent their use or development as mobile home lots, as determined by the Township Engine&, shall not be considered part of the total gross area. All mobile home lots shall be given street numbers, and all park streets shall be given names. Continuations of existing streets shall be known by the same name; but names for other streets shall not duplicate or closely resemble names for existing streets in the Township. (#286/AX) X-6 1 SECTION 1005 YARD AND SETBACK REQUIREMENTS 1. All mobile homes shall be located at least fifty (50) 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. 2. There shall be a minimum distance of twenty-five (25) feet between an individual mobile home and adjoining pavement of a park street or common parking area or other common areas. 3. All mobile homes shall be separated from each other and from other buildings by at least twenty (20) feet. SECTION 1006 PARK STREET SYSTEM 1. 2. 3. 4. Park Access. Access to Mobile Home Parks shall be designed to minimize congestion and hazards 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 150 feet shall be maintained between centerlines of access streets. 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. Alignment and gradient shall be properly adapted to topography. All lots within the mobile home park shall access internal park streets. Individual lot access to Township or State roads or other external thoroughfares shall be prohibited. Streets. All streets within any Mobile Home Park shall have a minimum right-of-way width of fifty (50) feet, a minimum cartway width of twenty (20) feet, and four (4) foot shoulders, except that one-way streets shall have a minimum pavement width of twelve (12) feet. All streets shall be paved in accordance with Township specifications and shall be kept in good repair, All mobile home park streets shall be private streets owned and maintained by the park operator. No mobile home park street shall be offered or accepted for Township dedication. (#2 %/AX) x-7 I I I I 8 1 1 Intersections. Not more than two (2) streets shall intersect at any point and a distance of at least 150 feet shall be maintained between centerlines of offset intersecting streets. SECTION 1007 REOUIRED OFF-STREET PARKING I 1 1. Off-street parking areas shall be provided in ail Mobile Home Parks for the use of park occupants. Such areas shall be hrnished at the rate of at least two (2) vehicular parking spaces for each mobile home lot. 2. Each off-street parking space shall contain at least 200 square feet and shall not exceed a distance of four hundred (400) feet from the mobile home lot that it is intended to serve. 3. Auxiliary parking areas shall be provided for the accommodation of guests, recreation vehicles, boat trailers, and similar accessory vehicles. These areas need not be paved, but shall be well lighted and sufficiently surfaced to provide all-weather access. 4. All off-street parking shall be constructed with a subbase of four (4") inches of 2A stone. SECTION 1008 UTILITY IMPROVEMENTS 1. Water Distribution. All Mobile Home Parks shall provide to each separate mobile home lot a continuing supply of safe and potable water as approved by the State Department of Environmental Protection. 2. Sewage Disposal. All Mobile Home Parks shall provide to each separate mobile home lot a connection to a centralized sanitary sewer disposal system which shall be approved by the State Department of Environmental Protection. 3. No Mobile Home Park Permit shall be issued until the sewage disposal and water distribution system for the Mobile Home Park have been approved by the State Department of Environmental Protection. SECTION 1009 USABLE OPEN SPACE 1. All Mobile Home Parks shall provide not less than ten (10%) 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. 2. Exposed ground surfaces in all parts of every park shall be paved, or covered with stone screenings, and other solid material, or protected with a vegetation growth that is capable of preventing soil erosion and the emanation of dust during dry weather. I ~I I (#2 86/AX) x-8 3. Park grounds shall be maintained fkee of vegetation growth which is poisonous or which may harbor rodents, insects, or other pests harmful to man. SECTION 1010 BUFFER STRIPS A suitably screened or landscaping buffer strip at least ten (10) feet wide, approved by the Board of Supervisors shall be provided by the applicant along all of the property and street boundary lines separating the park from adjacent uses. A required screen shall be composed of evergreen trees at least five (5) feet in height supplemented by forsythia. Such trees shall be planted offset in two parallel rows, with a six (6) foot minimum distance between the trunks of each of the plants, measured in one continuous direction. All required planted materials shall be well maintained and any that die or fail to survive shall be replaced within twelve (12) months by the then owner of the development with trees of original planting size. The Board of Supervisors may require at its discretion the inclusion of an elevated earthen berm base as as part of the screened buffer strip. SECTION 1011 WALKWAYS 1. 2. 3. General Requirements. All parks shall be provided with safe, convenient, all season pedestrian walks of adequate width for intended use, durable and convenient to maintain, between individual mobile home lots, the park streets and all communiq facilities provided for park residents, Sudden change in alignment and gradient shall be avoided. Common Walk Svstem. A common walk system shall be provided and maintained between locations where pedestrian traffic is concentrated. Such common walks shall have a minimum width of four (4) feet. Individual Walks. All mobile home lots shall be connected to common walks, to paved streets, or to paved driveways or parking spaces connecting to a paved street. Such individual walks shall have a minimum width of two (2) feet. (#286/AX) x-9 -I] I, 1 I -SECTION 1012 SIGNS AND LIGHTING 1. 2. 3. Signs may be permitted subject to the approval of the Township Board of Supervisors. All means of ingress, egress, walkways, streets, and parking lots shall be adequately lighted. The park owner shall install an official stop sign wherever a park road enters a public road, per PennDOT specifications. SECTION 1013 OTHER SITE IMPROVEMENTS 1. 2. 3. 4. 5. 6. One (1) fire alarm box and public telephone shall be provided for each mobile home park. The mobile home park owner(s) or proprietor(s) shall require that a fire extinguisher, in compliance with all Federal, State and local codes, shall be maintained in each mobile home and in all public service buildings under the mobile home park’s control. Provision shall be made by the Park operator to have garbage and waste collected at least once every week. Each Mobile Home lot shall be provided with a four (4) inch thick concrete slab on a stable surface at least 10 feet by 18 feet in size for use as a terrace and so located located so as to be adjoining and parallel to the mobile home. Individual tenants at the Mobile Home Park may construct attached enclosures or covered patios to individual mobile homes, provided that such enclosure does not exceed the slab area noted in Section 1013.3 and is confined to same. Board of Supervisors approval shall be required for such enclosures in each case. There shall be provided in each Mobile Home Park such other improvements as the Board of Supervisors may require whereby such requirements shall at all times be in the best interest of the Park residents. An enclosure of compatible design and material shall be erected around the entire base of each mobile home. Such enclosure shall provide sufficient ventilation to inhibit decay and deterioration of the structure. (#286/AX) x-10 SECTION 1014 PARK AREAS FOR NON-RESIDENTIAL USE 1. No part of any mobile home park shall be used for a non-residential purpose, except such uses that are required for the direct servicing and well being of park residents and for the management and maintenance of the park. 2. Nothing contained in this Section shall be deemed as prohibiting the sale of a mobile home located on an individual lot and connected to the pertinent utilities. SECTION 1015 EXISTING MOBILE HOME PARKS The operators of existing Mobile Home Parks shall have six (6) months from the date of enactment of this ordinance to comply with the provisions of the ordinance and to obtain a permit or to apply for an exception where such compliance would be an undue hardship. SECTION 1016 NON-TRANSIENT USE OF MOBILE HOMES It is intended that the provisions of this Article apply to parcels improved for the placement of mobile homes for non-transient or permanent use and residency. Similar land development designs for transient use, such as labor camps and campgrounds shall be exempted from the provisions of this Article. SECTION 1017 PENALTIES The penalties contained in Article XI of this ordinance relative to violations of subdivision and land development regulations, shall also be applicable to violations of the provisions of this Article X, relative to Mobile Home Park Regulations. (#286/AX) x-11 I 1 I I I I I I I I I I I I B I I I ARTICLE XI PREVENTATIVE AND ENFORCEMENT REMEDIES SECTION 1100 ENFORCEMENT REMEDIES 1. Any person, partnership or corporation who or which has violated the provisions of this ordinance shall, upon being found liable therefore in a civil enforcement proceeding commenced by the Township, pay a judgment of not more than five hundred ($500.00) dollars, plus all court costs, plus reasonable attorney's fees incurred by the Township as a result thereof. No judgment shall commence or be imposed, levied or payable until the date of the determination of a violation by the district justice. If the defendant neither pays nor timely appeals the judgment, the Township may enforce the judgment pursuant to the applicable rules of civil procedure. Each day that a violation continues shall constitute a separate violation, unless the district justice determining that there has been a violation hrther determines that there was a good faith basis for the person, partnership or corporation violating the provisions of this 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; 2. The Franklin County Court of Common Pleas, upon petition, may grant an order of stay, upon cause shown, tolling the per diem judgment pending a final adjudication of the violation and judgment; and 3. Nothing contained in this Section shall be construed or interpreted to grant to any person or entity other than the Township the right to commence any action for enforcement pursuant to this Section. SECTION 1101 PREVENTATIVE REMEDIES 1. In addition to other remedies, the municipality may institute and maintain appropriate actions by law or in equity to restrain, correct or abate violations, to prevent unlawful construction, to recover damages and to prevent illegal occupancy of a building, structure or premises. The description by metes and bounds in the instrument of transfer or other documents used in the process of selling or transferring shall not exempt the seller or transferor from such penalties or from the remedies herein provided. 2. The Township may rehse to issue any permit or grant any approval necessary to hrther improve or develop any real property which has been developed or which has resulted from a subdivision or land development of real property in violation of any provision of this (#286/AXI) XI-1 ordinance; such authority to deny a permit or approval shall apply to any of the following applicants: A. The owner of record at the time of such violation. B. 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. C. The current owner of record who acquired the property subsequent to the time of violation without regard as to whether such current owner had actual or constructive knowledge of the violation. D. The vendee or lessee of the current owner of record who acquired the property subsequent to the time of violation without regard as to whether such vendee or lessee had actual or constructive knowledge of the violation. As an additional condition for issuance of a permit or the granting of an approval to any such owner, current owner, vendee or lessee for the development of any such real property, the Township hereby requires compliance with the conditions that would have been applicable to the property at the time the applicant acquired an interest in such real property. SECTION 1102 JURISDICTION The District Justice having jurisdiction within the Township shall have initial jurisdiction in proceedings brought under this Article XI. I 4 I 1 1 I I 1 i I I I~ I I 1 1 I I I (#286/AXI) XI-2 1 I I I I I I I I I I I I I I I I I I ARTICLE XII SEVERABILITY, EFFECTWE DATE, ENACTMENT SECTION 1200 SEVERABILITY If any sentence, clause, section or part of this entire ordinance is for any reason found to be unconstitutional, illegal or invalid, such unconstitutionality, illegality, or invalidity shall not affect or impair any of the remaining provisions, sentences, clauses, sections or parts of this ordinance. It is hereby declared as the intent of the Southampton Township Board of Supervisors that this ordinance would have been adopted had such unconstitutional, illegal, or invalid sentence, clause, section or part thereof not been included herein. SECTION 1201 APPEALS TO COURT Appeals from the decisions of the Southampton Township Board of Supervisors on subdivision, land development or mobile home park applications may be appealed to a court of competent jurisdiction. All such appeals shall be governed by the pertinent provisions of the Pennsylvania Municipalities Planning Code, as amended. SECTION 1202 EFFECTIVE DATE This ordinance shall take effect upon its enactment as provided by law. (#286/AXII) XI-1 SECTION 1203 ENACTMENT Enacted and ordained this day of 7 19--. SOUTHAMPTON TOWNSHIP By: Chairman, Board of Supervisors ATTEST: BOARD OF SIJPERWSORS OF SOUTHAMPTON TOWNSHIP Township Secretary Supervisor Supervisor I~ 11 I I I I I (#286/AXII) XII-2 I I I I I SECTION I203 ENACTMENT Enacted and ordained this J?*day of ,19 ?? . ATTEST: SOUTHAMPTON TOWNSHTIP By: Supervisor (#286/A;IcII) XII-2