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HomeMy WebLinkAboutWashington Township Subdiv OrdWASH I NGTON TOW NSH I P SU BDlVl SI ON AN D LAND DEVELOPMENT ORDINANCE ORDINANCE NO. Effective Date: AUG 12 2002 .pdf?Ÿ?Ÿ?Ÿ?Ÿ????? TABLE OF CONTENTS ARTICLE I TITLE, PURPOSE AND AUTHORITY, AND APPLICATION OF REGULATIONS SECTION 101 -Title 102 -Purpose and Authority 103 -Application of Regulations 104 -Purpose of Ordinance PAGE ARTICLE I I DEFINITIONS S ECTlO N 201 -Definitions ARTICLE 111 PLAT REQUIREMENTS AND PROCESSING PROCEDURES SECTION 301 -Preparation and Filing of Plans 302 -Pre-Application Plans and Data-Procedure 303 -Pre-Application Plans and Data-Specifications 304 -Preliminary Plans -Specifications 305 -Preliminary Plans -Procedure 306 -Final Plans -Specifications 307 -Final Plans -Procedure 308 -Minor Subdivision Option 309 -Imposition of Conditions 310 -Water Supply 31 1 -Construction with Preliminary Plan Approval ARTICLE IV MOBILE HOME PARK REGULATIONS SECTION 401 -Procedure 402 -Plan Requirements , 1 ARTICLE V DESIGN STANDARDS SECTION 501 -Suitability of Land 502 -Street System 503 -CUI-De-Sac Streets 504 -Street Alignment 505 -Street Widths 506 -Access Drives 507 -Street Grades 508 -Street Intersections 509 -Street Lengths 510 -Building Lines 51 2 -Sewage Facilities Standards and Permits 51 3 -Storm Drainage 514 -Easements 51 5 -Erosion and Sediment Control 516 -Design Standards for Flood Prone Areas 517 -Driveway Design 511 -Lots ARTICLE VI IMPROVEMENT AND CONSTRUCTION REQUIREMENTS SECTION 601 -Monuments and Markers 602 -Streets 603 -Sewer and Water Systems 604 -Storm Drainage 605 -Curbs and Gutters 606 -Sidewalks 607 -Encroachments on Streets and Right-of-Ways 608 -Utilities lnstallafion 609 -Street Name Signs 610 -Inspection 61 1 -Changes 612 -Completion of Improvements or Guarantee of Completion of Improvements 61 3 -As-Built Drawings 614 -Release from Improvement Bond 615 -Remedies to Effect Completion of Improvements 2 ARTICLE VI1 GENERAL PROVlS IONS SECTION 701 -Plat Approval 702 -Fees 703 -Waivers ARTICLE Vlll ENFORCEMENTl PENALTIES, SEVERABILITY, AND ADOPTION SECTION 801 -Enforcement 802 -Violations 803 -Preventive Remedies 804 -Jurisdiction 805 -Enforcement Remedies 806 -Repealer 807 -Severability 808 -Applicability 809 -Interpretation, Purpose and Conflict 810 -Fees 81 1 -Adoption EXH I B ITS Exhibit 1 -Cut-De-Sac Detail Exhibit 2 -Residential Typical Street Cross-Section Exhibit 3 -Commercial/lndustnal Typical Street Cross-Section Exhibit 4 -Existing Roadway Restoration Detail Appendix A -Antietam Creek Watershed Stormwater Management Ordinance 3 ORDINANCE NO. AN ORDINANCE REGULATING THE SUBDIVISION AND DEVELOPMENT OF LAND WITHIN WASHINGTON 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 AND CONSTRUCTION REQUIREMENTS, AND CONDITIONS OF ACCEPTANCE OF PUBLIC IMPROVEMENTS. ARTICLE I TITLE, PURPOSE AND AUTHORITY, AND APPLICATION OF REGULATIONS SECTION 101. TITLE This ordinance shall be known and may be cited as "The Washington Township Subdivision and Land Development Ordinance". SECTION 102. PURPOSE AND AUTHORITY This ordinance is adopted pursuant to the provisions of the "Pennsylvania Municipalities Planning Code" (Act 247 of 1968 P.L.805), effective January 1, 1969, as amended, for the purpose of promoting and protecting safety, health, and morals: to provide for the coordinated development of Washington Township, Franklin County, Pennsylvania; to provide for the general welfare by guiding and protecting amenity, convenience, future governmental, economic, practical, and social and cultural facilities; to guide development and growth as well as to guide uses of land and structure, type and location of streets, public grounds and other facilities; to encourage and promote flexibility, economy and ingenuity in the layout and design of subdivisions and land developments and to provide control of accelerated erosion and the resulting sedimentation of the waters of the Township. SECTION 103. APPLICATION OF REGULATIONS 1. No subdivision or land development of any lot, tract, or parcel of land located in Washington Township shall be effected; no street, sanitary sewer, storm sewer, water main, or other facilities in connection, therewith shall be laid out, constructed, opened, or dedicated for public use of travel, or for the common use of occupants of buildings thereon unless and until a Final Subdivision Plan has been approved by the Board of Supervisors in the manner prescribed herein, and recorded in the manner prescribed herein nor otherwise used except in strict accordance with the provisions of this Ordinance and the Washington Township Zoning Ordinance, as amended. 4 0 2. No lot in a subdivision or any development may be sold; no permit shall be issued to erect, alter, or repair any building upon land in a subdivision, unless and until a Final Subdivision or Land Development Plat has been approved by the Board of Supervisors and recorded, and until construction of the improvements required in connection therewith has been guaranteed in the manner prescribed herein. SECTION 104. PURPOSE OF ORDINANCE It is the intent, purpose and scope of this ordinance to protect and promote safety, health and morals; to accomplish coordinated development; to provide for the general welfare by guiding and protecting amenity, convenience, future governmental, economic, practical and social and cultural facilities, development and growth, as well as the improvement of governmental processes and functions; and to permit municipalities to minimize such problems as may presently exist or which may be foreseen. 5 ARTICLE II DEFINITIONS SECTION 201. The following words and phrases, as used in this Ordinance, shall have the meanings hereby ascribed thereto unless the context clearly indicates a different meaning: ACCELERATED EROSION: The removal of surface materials by the action of natural elements caused by man’s manipulation of the landscape. ACCESS DRIVE: A paved or unpaved surface, other than a street, which provides vehicular access from a street or private road to any lot except a single-family residence or duplex. AGRICULTURAL PURPOSE: The regular and continuous use of the soil by cultivation or sod culture for general farm crop purposes, commercial crop growing, commercial orchards, or commercial nurseries. APPLICANT: A landowner or developer, as hereinafter defined, who has filed an application for development, including his heirs, successors and assigns. APPLICATION FOR DEVELOPMENT: Every application, whether preliminary, tentative, 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. AS-BUILT DRAWINGS: A drawing which depicts the actual horizontal locations and vertical elevations of all on-site facilities and utilities as constructed. BOARD OF SUPERVISORS: The Board of Supervisors of the Township of Washington, Franklin County, Pennsylvania. BUILDING LINE: A line parallel to the front, side, or rear lot line set so as to provide the required yard. CARTVVAY: The area of a street or road used for vehicular traffic. CLEAR SIGHT TRIANGLE: The area of unobstructed vision at street intersections, defined by lines of sight between points at a given distance from the intersection of street center lines. COLLECTOR,STREET: A roadway classified in the Township Comprehensive Plan as a collector street. COMMISSION: The Planning Commission of Washington Township, Franklin County, Pennsylvania. COMMON OPEN SPACE: A parcel or parcels of land or an area of water, or a 6 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 of the mid-point of the lot. CONTAMINATED SOIL ARWSOIL CONTAMINATION: The introduction of regulated substances, including chemicals, toxic substances, wastes, wastewater or microorganisms, in a concentration that makes the soil unfit for its next intended use and that exceeds the safe contaminant levels established by the Pennsylvania Department of Environmental Protection. COUNTY: County of Franklin, Pennsylvania. CUL-DE-SAC: A street open at one end for vehicular or pedestrian access with the opposite end terminating in a vehicular turnaround. CURB LEVEL: The officially established grade of the curb in front of the mid-point of the lot. 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 a land development. DEVELOPMENT: Any manmade change to improved or unimproved real estate, including but not limited to building or other structures, the placement of mobile homes, streets and other paving, utilities, filling, grading, excavation, mining, dredging, or drilling operations and the subdivision or land development of land. DEVELOPMENT PLAN: The provisions for development, including a planned residential development, a plat of subdivision, all covenants relating to use, location and bulk of buildings and streets, ways and parking facilities, common open space and public facilities. DISPOSAL SITE/DUMP SITE: An area, past or present, subject to the deposition, injection, dumping, spilling, leaking or placing of solid waste into or on the land or water in a manner that the solid waste or a constituent thereof is released to the environment, is emitted into the air or is discharged to the water without the benefit of approved or permitted environmental controls. DRIVEWAY: A vehicular access to a single family dwelling, duplex or townhouse used by the residents and/or guests of those units and not for general vehicular use. DWELLING: A building or structure designed for living quarters for one or more families not including mobile homes, hotels, rooming houses, or other accommodations used for transient occupancy. 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. DWELLING, SINGLE FAMILY, DETACHED: Any building used by one (1) family, 7 having only one (1) dwelling unit, and having two (2) side yards. DWELLING, SINGLE FAMILY, SEMCDETACHED (DUPLEX): A building used by one (1) family, having one (Is)id e yard, and one (1) party wall in common with another building. DWELLING, SINGLE FAMILY, ATTACHED (TOWNHOUSE): Single-family, attached dwelling units of one-, two-or three-story construction so situated that there are three (3) or more units contiguous to one another with some common walls, adjacent parking facilities and common yards or open space provided for all occupants. DWELLING, TWO-FAMILY, DETACHED: A building used by two (2) families, with one (1) dwelling unit arranged over the other, and having two (2) side yards. DWELLING, MULTI-FAMILY: A building used by three (3) or more families living independently of each other and doing their own cooking, including apartment house. DWELLING GROUP: A group of two or more single-family, two-family, or multi-family dwellings occupying a lot in one ownership. EASEMENT: A right-of-way granted for a limited use of land for public or quasi-public purposes. ENGINEER, REGISTERED: A person duly registered as a professional engineer of the Commonwealth of Pennsylvania. ENGINEER, TOWNSHIP: A Registered Engineer permanently retained by the Township, or any engineering consultant designated by the Board of Supervisors to review a subdivision plan and perform the duties of engineer in behalf of the Township. ENGINEERING SPECIFICATIONS: The Engineering Specifications of the municipality regulating the installation of the required improvements or any facility installed by an 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 and the conditions resulting therefrom. FILL: Any act by which earth, sand, gravel, rock or any other similar material is placed, pushed, dumped, pulled, transported or moved to a new location above the natural surface of the ground or on top of the stripped surface and shall include the conditions resulting therefrom. The difference in elevation between a point on the original ground and a designated point of higher elevation on the final grade. The material used to make a fill. GARDEN APARTMENTS: A grouping of single-family dwelling units combined in one or more structures and served by common entryways and stairs, not to exceed three (3) stories in height. GRADE, FINISHED: The completed surfaces of lawns, walks, and roads brought to grades as shown on official plans or designs relating thereto. 8 HEALTH OFFICIAL: Sanitarian of the State Department of Environmental Resources, Local Sewage Enforcement Officer, or other qualified personnel. INDUSTRIAL PARK: A tract of land laid out in accordance with an overall plan for a group of industries with separate building sites designed and arranged on streets containing some or all of the following: utility services, setbacks, side yards, landscape yards, and covenants controlling the architecture and uses. LAND DEVELOPMENT: Any of the following activities: (I) The improvement of one lot or two or more contiguous lots, tracts or parcels of land for any purpose involving (a) a group of two or more 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 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; (3) Development in accordance with this ordinance; (4) The addition of an accessory building, including farm buildings, on a lot or lots subordinate to an existing non-commercial, non-industrial building, is not considered a land development under this ordinance. 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 proprietary interest in land. LOT: A designated parcel, tract or area of land established by a plat or otherwise as permitted by law and to be developed or built upon as a unit. The ratio of dwelling units per lot is one lot, one dwelling unit. In cases of multi-family developments, each dwelling unit must be shown on a lot that conforms to the size, setbacks, and space requirements of the Zoning Ordinance. LOT, ADDITION: The addition of area to a particular lot by the subtraction of all or of the area from an adjacent, adjoining or contiguous lot. In no case may the remaining area of said adjacent, adjoining or contiguous lot be reduced below the minimum area and configuration requirements set forth in this Ordinance; and in no case may the area sought to be added be physically separated from the recipient lot by a lot or lots held by others or by public or private roadway rights-of-way. LOT, AREA: The area contained within the property lines of a lot as shown on a subdivision or land development plan excluding space within any public right-of-way but including any area of easement. LOT, CORNER: A lot at the junction of and abutting on two or more streets or private roads or at the point of abrupt change of a single street or private road, where the interior angle is less than 135 degrees and the radius of the street or private road line is less than 100 feet. LOT, DOUBLE FRONTAGE: 1 A lot, the opposite ends of which abut on streets. 9 LOT, INTERIOR: A lot other than a corner lot. LOT LINES: The lines bounding a lot as defined herein. Lot lines shall be approximately at right angles or radial to street fines so long as reasonably shaped lots result. LOT, MINIMUM WIDTH: The minimum width at the required building setback line. LOT, PANHANDLE: A polygonal shaped lot with the appearance of a "frying pan" or "flag and staff' in which the handle is most often used as the point of access to a street or road. The "handle" shall be not less than twenty (20) feet in width. LOT, REVERSE FRONTAGE: A lot between a major thoroughfare and a street with vehicular access only from the street. LOT, WIDTH: Width of a lot measured at the building setback lines. MAJOR THOROUGHFARE, RESTRICTED ACCESS: A major thoroughfare or part thereof, which when open to public use, access is limited from abutting property and other streets to locations and in the manner approved by the municipality or the Pennsylvania Department of Transportation. MOBILE HOME: "Mobile home" means a transportable, single family dwelling intended for permanent occupancy, contained in one unit, or in two or more units designed to be joined into one integral unit capable of again being separated for repeated towing, which arrives at a site complete and ready for occupancy except for minor and incidental unpacking and assembly operations, and constructed so that it may be used without a permanent foundation. This does not include recreation or travel trailers and may not be used as an accessory building. MOBILE HOME LOT: A parcel of land in a mobile home park, improved with the necessary utility connections and other appurtenances necessary for the erections thereon of a single mobile home. MOBILE HOME PARK: A parcel or contiguous parcels of land which has been so designated and improved that it contains two or more mobile home lots for the placement thereon of mobile homes. MUNICIPALITY: The Township of Washington, Franklin County, Pennsylvania. MUNICIPAL AUTHORITY: The Washington Township Municipal Authority (WTMA). MUNICIPAL AUTHORITY ENGINEER: The Municipal Authority Engineer or any registered professional engineer authorized to practice engineering as defined by the Registration Act of the Commonwealth of Pennsylvania designated by the Municipal Authority to perform the duties of engineering on behalf of the Municipal Authority. MUNICIPAL ENGINEER: See ENGINEER, TOWNSHIP. NET RESIDENTIAL AREA: The land area occupied by residential and accessory uses, excluding land devoted to any dedicated streets and alleys, and all other non-residential 10 uses such as schools, parks, shopping centers, commercial, industrial, railroad and airport uses, cemeteries, golf courses and vacant land. NONCONFORMING LOT: A lot the area or dimension of which was lawful prior to the adoption or amendment of a zoning ordinance, but which fails to conform to the requirements of the zoning district in which it is located by such adoption or amendment. OFFICIAL MAP: A map adopted by ordinance pursuant to Article IV of the Municipalities Planning Code, as amended. PARKING SPACE: The space within a building, or on a lot or parking lot, for the parking of one (1) automobile. PERSON: Any individual or group of individuals, partnership, or corporation. PLANNED RESIDENTIAL DEVELOPMENT: An area of land, controlled by landowner, to be developed as a single entity for a number of dwelling units, or combination of residential and nonresidential uses, the development plan for which does not correspond in lot size, bulk, type of dwelling, or use, density, or intensity, lot coverage and and required, open space to the regulations established in any one district created from time to time, under the provisions of a municipal zoning ordinance. PLANNING AGENCY: The Washington Township Planning Commission. PLAT: The map or plan of a subdivision or land development, whether preliminary or final. PRIVATE: Not publicly owned, operated or controlled. PRIVATE DRIVEWAY: A vehicular access to a single-family dwelling, duplex or townhouse. PRIVATE STREET: A private street or road which affords vehicular access to abutting properties and which exists as a private street at the date of the adoption of this 0 rd in an ce . PROJECT: Subdivision, land development, or mobile home park. PUBLIC: Owned, operated or controlled by a government agency (Federal, State, or Local) including a corporation created by law for the performance of certain specialized governmental functions and the Board of Public Education. PUBLIC GROUNDS: Includes (i) parks, playgrounds, and other public areas; and (ii) sites for schools, schools, sewage treatment, refuse disposal and other publicly owned or operated facilities. PUBLIC HEARING: A formal meeting held pursuant to public notice by the Board of Supervisors or Planning Commission, intended to inform and obtain public comment, prior to taking action in accordance with this ordinance. PUBLIC NOTICE: Notice published once each week for two successive weeks in a newspaper of general circulation in the municipality. Such notice shall state the time 11 and place of the hearing and the particular nature of the matter to be considered at the hearing. The first publication shall not be less than seven days from the date of the hearing. RECREA TION AREAS: A park or area that accommodates outdoor activities including large facilities for team and group activities, as well as solitary pursuits such as hiking or bird-watching. Recreation areas are normally large amounts of land that provide for both natural conservation of resources as well as a variety of outdoor activities. RIGHT-OF-WAY, STREET: A strip of land between property lines for use as a road or street. RUN-OFF: The surface water discharge or rate of discharge of a given watershed after a fall of rain or snow that does not enter the soil but runs off the surface of the land. SANITARY SEWER: A pipe for conveying sewage, excluding storm, surface and ground water. SEDIMENTATION: The process by which mineral or organic matter is accumulated or deposited by moving wind, water, or gravity. Once this matter is deposited (or remains suspended in water), it is usually referred to as "sediment". SEWAGE ENFORCEMENT OFFICER: An individual or firm licensed by the Commonwealth of Pennsylvania to implement the rules and regulations of the Pennsylvania Sewage Facilities Act and duly appointed by the Washington Township Supervisors as the Township Sewage Enforcement Officer (SEO). SHOPPING CENTER: A group of stores planned and designed to function as a unit for the lot on which it is located with off-street parking provided as an integral part of the unit. SIGHT DISTANCE: The maximum extent of unobstructed vision (in a horizontal or vertical plane) along a street from a vehicle located at any given point on a street. SOLID WASTE: Waste, including but not limited to municipal, residual or hazardous wastes including solid, liquid, semisolid or contained gaseous materials. STORM SEWER: A pipe, open ditch, or drainage channel for conveying rainwater, surface water, condensate, cooling water, and similar liquid waste, exclusive of sewage or industrial waste, to a natural water course, or other outlet. STREET: A public street, avenue, boulevard, road, highway, freeway, or parkway which affords vehicular access to abutting properties. STREET GRADE: The officially established grade of the street upon which a lot fronts or in its absence the established grade of the streets upon which the lot abuts, at the midway of the frontage of the lot thereon. If there is no official established grade, the existing grade of the street at such midpoint shall be taken as the street grade. STREET LINE: The dividing line between the street and lot, also known as the right-of-way 12 line. STREET WIDTH: The shortest distance between the lines delineating the right-of-way of a street. STRUCTURE: Anything constructed or erected on the ground or attached to the ground including, but not limited to buildings, sheds, mobile homes and other similar items. SUBDIVIDER: A person, partnership, or corporation owning land in the municipality and for which a Land Subdivision Application is filed and processed under the provisions of this ordinance. SUBDIVISION: The division or re-division of a lot, tract or parcel of land by any means into two or more lots, tracts, parcels or other divisions of land including changes in existing lot lines for the purpose, whether immediate or future, of lease, partition by the court for distribution to heirs or devisees, transfer of ownership or building or lot development, provided, however, that the subdivision by lease of land for agricultural purposes into parcels of more than ten acres, not involving any new street or easement of access or any residential dwelling shall be exempted. For the purpose of this ordinance in deciding what is a subdivision, multiple lots, tracts or parcels which have been conveyed on one deed regardless of number of lots, tracts or parcels and regardless of the method of taxation, shall be considered to be a single lot, tract or parcel, and shall be subject to the provisions of this ordinance if any division, re-division or re-subdivision of such lots, tracts or parcels is desired. SUBDIVISION, MINOR: Any subdivision abutting an existing public street or road involving four (4) or less lots, parcels of land, or other division of land which does not require a new street, the installation of sanitary sewer mains, water mains, or other public improvements. Subdivisions that involve only lot additions or parcels added to other parcels, and create no new lots and involve no water, sewer, street or other public improvements may be treated as a minor subdivision regardless of number of parcels or lots. , SUBSTANTIALLY COMPLETED: Where, in the judgment of the municipal engineer, at least 90% (based on the cost of the required improvements for which financial security was posted) of those improvements required as a condition for final approval have been completed in accordance with the approved plan, so that the project will be able to be used, occupied or operated for its intended use. SURVEYOR: A registered surveyor, as defined by the Registration Act of the Commonwealth of Pennsylvania. TOPOGRAPHIC MAP: A map showing the elevations of the ground by contours. TOURIST CAMP: Any park, tourist park, tourist court, camp, court, site, lot, parcel or tract of land upon which one or more camp cottages, cabins, recreational vehicles, or tent sites are located and maintained for the accommodations of transients by the day, week, or month whether a charge is made or not. TOURIST HOME: A dwelling in which overnight accommodations are used by transient guests for compensation. 13 TOWNHOUSE: Single family attached dwelling units of one, two or three story construction so situated that there are three or more units contiguous to one another with some common walls, adjacent parking facilities and common yards or open space for all occupants. TOWNSHIP: The Township Of Washington, Franklin County, Pennsylvania and its Board of Supervisors. TRANSFERABLE DEVELOPMENT RIGHTS: The attaching of development rights to specified lands which are desired by a municipality 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 other lands within the municipality where more intensive development is deemed by the municipality to be appropriate. The site or locafion of a well, spring or water supply stream intake which is used for human consumption. WATER SURVEY: An inventory of the source, quantity, yield and use of ground-water and surface-water resources within a municipality. WETLANDS: Transitional lands between terrestrial and aquatic environments, commonly known as swamps, marshes, fens or bogs. Wetlands may be identified by the National Wetlands Inventory mapping (Dept. of Interior), or by on-site identification by the U.S. Army Corps of Engineers, U.S. Fish &Wildlife Service, the Federal Environmental Protection Agency, the PA Department of Environmental Resources, and any other government agency which may be designated as a lead agency on wetlands identification. 14 ARTICLE 111 PLAT REQUIREMENTS AND PROCESSING PROCEDURES SECTION 301. PREPARATION AND FILING OF PLANS Whenever a subdivision or development of land is desired to be effected, a plat of the layout of such subdivision shall be prepared, filed, and processed, according to the requirements of this ordinance. SECTION 302. PRE-APPLICATION PLANS AND DATA -PROCEDURE Prior to the preparation and filing of the Preliminary Plat, the Applicant may consult with the Commission to ascertain those elements which should be considered in the design of the subdivision. These shall include any features of the municipality’s comprehensive plan, thoroughfare plan, community facilities plan, or of any plans of the Commission, including, but not limited to, proposed streets, recreation areas, drainage reservations, shopping centers and school sites, as well as the following: 1. 2. 3. 4. 5. 6. 7. 8. 9. I O . The suitability of the site for development. The demand for a development of the type proposed and the particular location proposed. The accessibility of the site. The availability of public facilities (schools, streets, parks, water, sanitary and storm sewage, etc.) and public services (police, fire, refuse disposal, etc.). The effect on the project of any contemplated improvements or the proposals of the Township’s comprehensive pian and these regulations. Sewage facilities requirements of the Department of Environmental Protection and the Township and/or Municipal Authority. Erosion and sedimentation plans and permits as required by the Department of Environmental Protection and as reviewed by the Franklin Conservation District. Requirements of the Township Zoning Ordinance. Precautionary measures to preserve or protect historic and natural features. Approvals by all appropriate State and Federal agencies. SECTION 303. PRE-APPLICATION PLANS AND DATA -SPECIFICATIONS Pre-application plans and data shall consist of a sketch plan of the proposed development, together with general information describing or outlining existing covenants, land characteristics, community facilities and utilities, and information describing the proposed subdivision or land development, such as the number of 15 residential lots, typical lot width and depth, business areas, playgrounds, park areas, other public areas, proposed protective covenants, if any, proposed utilities, street improvements, disposal sites, sinkholes or water sources. SECTION 304. PRELIMINARY PLANS -SPECIFICATIONS The following shall be submitted with an application for Review and Approval of Preliminary Plats: 1. Sixteen (16) copies of the subdivision or land development plan in the form of a map or series of maps on sheet sizes either 8 W x 14”, 18” x 24”, or 24” x 36” drawn to a scale not smaller than one hundred (100) feet to the inch and showing the following: a. b. C. d. e. f. g. h. The limits and dimensions of the tract to be subdivided or developed and the proposed name or identifying title of the project, the date, scale and north point. The layout of the lots showing dimensions, lot numbers and area of each lot. Location of existing and proposed streets, including the name and widths of the right-of-way and cartway. The location, dimensions, and courses, where applicable, of existing and non-existing property lines, buildings, railroads, easements, rights-of-way, public lands, tree masses, streams, monuments, sanitary and storm sewers, water facilities, utility poles, wetland areas, flood plain areas, disposal sites, sink holes, contaminated soil areas, gas lines, wells, fire hydrants, and other features fhaf may exist on the site. and other features, The location, dimensions, and courses, where applicable, of proposed and existing easements, rights-of-way, lands to be reserved for public purposes, sanitary and storm sewers, and water facilities. Existing topographic contours, with elevations based on benchmarks established by the Township Authority or on data approved by the Commission where such benchmarks are unavailable, and showing contours at vertical intervals of not more than five (5) feet where the slope is ten percent (1 0%) or greater and not more than two (2) feet where the slope is less than ten percent (10%). The name and address of the subdivider or developer. The name, seal, and signature of the Registered Engineer or Registered Surveyor who shall have prepared the plan. The name and address of the owner of the tract and the names of the owners of adjoining tracts, together with deed references. . A location map showing the proposed project in relation to adjacent properties and existing streets in the vicinity of the Township. 16 2. 3. 4. 5. 6. 7. 8. 9. I. Tract Map: A scale drawing showing the boundaries of the entire tract to be subdivided, the new lot or lots to be formed, and the names of the adjoining property owners. 1. Stormwater management and stormwater management facilities to be in accordance with Stormwater Ordinance #IO1 and as amended. Sixteen (16) copies of cross-section drawings for all proposed streets showing rights-of-way, cartway widths, location of sidewalks and planting strips. Sixteen (16) copies of profile drawings of all proposed streets showing existing and proposed grades., Sixteen (16) copies of plans and profiles of existing and/or 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. All storm sewer plans shall indicate the point(s) where surface water enters and leaves the project. Whenever a subdivision or development is subject to the rules and regulations of the Department of Environmental Protection with regard to the disposal of liquid wastes, the applicant shall submit five (5) copies of the completed Planning Module for the development to the Township. In the event that the plan proposes extension of utility service into the project by any authority or municipality other than Washington Township or its agencies, a statement from the applicant authority or municipality regarding the adequacy of such service extension shall be submitted. Whenever the subdivision or development is su Rules and Regulations of the Department of Environmental with regard to the control of erosion and sedimentation, the applicant shall file sixteen (16) copies of the erosion and sedimentation control plan with the Township. The design standards and specifications for said plan are contained in the Erosion and Sedimentation Control Handbook, which has been prepared by the Franklin Conservation District and is on file in that office and with the Township. Provide a statement that the the plan is in compliance with the Township’sjunkyard, nuisance and all other ordinances, or provide a correction plan with the final plan submittal. Whenever a subdivision or development will create a change in the traffic pattern of a roadway or significantly increase the traffic on an existing street, the Commission may require a trafic study to be completed as per Section 502.15. SECTION 305. PRELIMINARY PLAN -PROCEDURE I. Filing -The applicant, at least thirty (30) days prior to the meeting of the Commission at which initial consideration is desired, shall file with the Township sixteen (16) copies of the Preliminary Plat and accompanying documentation for 17 2. 3. 4. 5. all plats other than minor subdivisions. Copies of the Preliminary Plat and supporting data shall be distributed by the Township to the following agencies, when applicable, for review and comment: a. Minimum of nine (9) copies to Franklin County Planning Commission. b. Three (3) copies to Washington Township Municipal Authority, and one (1) copy each to Township Engineer, PennDot, and other utilities as applicable. The applicant shall file copies of the plat with the Franklin County Soil Conservation District with the appropriate fee for all subdivisions of two (2) lots or more. The Planning Commission shall take official action on a Preliminary Plat within sixty-two (62) days following the date of the regular meeting of the Planning Commission next following the date the complete application is accepted. A minimum of eight (8) copies of the plan with action of the Planning Commission annotated shall then be forwarded to the Board of Supervisors along with a recommendation for approval, for approval with modifications, or disapproval. The Board of Supervisors shall take official action on the Preliminary Plat after it has received the report of the Planning Commission and within ninety (90) days of the date of the regular meeting of the Planning Commission next following the date the complete application was accepted. The Board shall note its action on a minimum of eight (8) copies of the plans. A minimum of five (5) copies shall be returned to the Subdivider or Developer, and three (3) copies retained for Township use. The applicant shall be notified in writing, at his last known address, of the decision of the Board of Supervisors not later than fifteen (15) days following the decision. SECTION 306. FINAL PLAN -SPECIFICATIONS The Final Plat shall conform to the approved Preliminary Plat, and it may constitute only that portion of the approved Preliminary Plat which the applicant proposes to record and develop at the time, provided that such portion conforms with all the requirements of this ordinance; the Final Plat shall contain the following data: 1. Sixteen (16) copies of the Plan in the form of a map or series of maps on sheet sizes either 81/2”x14”, 18”x24”, or 24”x36”, drawn to a scale not smaller than one hundred (100) feet to the inch, and showing the following: a. The items required to be shown in Preliminary Plans, as specified in Section 304. b. Final topographic contours in those areas recommended by Commission and approved by the Supervisors at intervals of not more than five (5) feet where the slope is ten percent (10%) or greater and not more than two (2) feet where the slope is less than ten percent (10%). 18 2. 3. 4. 5. 6. 7. a. 9. I O . c. The location and method of proposed street lighting facilities, if any, and the location of street signs. d. The location of minimum building setback lines. e. Offer of dedication to the Township or Township Municipal Authority, Waynesboro Municipal Authority, wherever and in whichever case applicable, of streets, rights-of-way, utility easements, recreation areas, and sites for other public use. f Where applicable, a statement from the Washington Township Municipal Authority and Waynesboro Borough Authority that water and/or sewer utilities are available for this development Sixteen (16) copies of a utility map or maps showing tract boundaries; existing and proposed streets; lot lines; sanitary sewers, including manholes, stormwater facilities; water system including fire hydrants; and where applicable, curbs and sidewalks. Sixteen (16) copies of profile and cross-section maps or diagrams of streets showing proposed grades, sanitary sewer system, stormwater piping, water system, underground utilities and stormwater management facilities. Grades shall be shown at a minimum scale of forty (40) feet horizontal and four (4) feet vertical. Standard scale is fifty (50) feet horizontal and five (5) feet vertical. An Erosion and Sedimentation Control Plan, together with an Earth Moving Permit when required pursuant to the provisions of Clean Streams Law. Where applicable, any wetland permits that are required, as well as any wetland mitigation that is required. A statement of the types of structures to be erected, and a summary table of the number of structures and dwelling units proposed. Suitable documentation that the plans are in conformity with building, sanitation, and other applicable Township ordinances and regulations and with the regulations governing the extension of the utility services into the Township. In any instance where such plans do not conform, evidence shall be presented that an exception has been officially authorized. Such certificates, affidavits, endorsements, or dedications as may be required by the Commission, the Township, the Washington Township Municipal Authority, or the Waynesboro Authority in the enforcement of these regulations. Evidence that the subdivider or developer has installed the necessary street and other improvements as required in this ordinance, or, in lieu thereof, a guarantee of completion of said improvements as provided in Article VI herein. Planning Module approval letter from the Department of Environmental Resources. Homeowners association’s declaration of covenants, conditions, and restrictions, 19 when applicable. Property is in compliance with junkyard, nuisance, and all other Township ordinances. 11. SECTION 307. FINAL PLAN -PROCEDURE 1. 2. 3. 4. 5. 6. Filing: At least thirty (30) days prior to the meeting of the Planning Commission at which consideration is desired, the applicant shall submit sixteen (1 6) copies of the Final Plat and accompanying documentation to the Township. The Final Plat submissions shall occur not more than five (5) years following the date for approval of the Preliminary Plat. Failure to submit the Final Plat within this time period shall make the approval of the Preliminary Plat null and void unless an extension of time is requested by the subdivider or developer and granted by the Board of Supervisors. Copies of the Final Plat and supporting data shall be distributed by the Township to the following agencies, when applicable, for review and comment: a. Nine (9) copies to the Franklin County Planning Commission. b. Three (3) copies to the Washington Township Municipal Authority, and one (1) copy each to Township Engineer, PennDot, and other utilities as applicable. The applicant shall file copies of the plan with the Franklin County Soil Conservation District with the appropriate fee for all subdivisions of two (2) lots or more. Within sixty-two (62) days following the date of the regular meeting of the Planning Commission next following the date the complete application is accepted, the Planning Commission shall consider the comments of the other reviewing agencies and shall recommend either approval or disapproval of the Final Plat. The Board of Supervisors shall take official action on each subdivision or land development within ninety (90) days of the date of the regular meeting of the Planning Commission next following the date the complete application was accepted. The Board shall note its action on a minimum of eight (8) copies of the plans finally approved. Five (5) copies shall be returned to the subdivider or developer, two (2) copies retained by the Township, and one (1) copy forwarded to the Franklin County Assessor’s Office. The applicant shall be notified, in writing, at his last known address, of the decision of the Board of Supervisors not later than fifteen (1 5) days following the decision. In the event of disapproval, the applicant shall also be notified of the requirements which have not been met with reference to the applicable provisions of this ordinance. Within ninety (90) days following approval by the Board of Supervisors the Final Plat shall be recorded by the subdivider or developer at the County Recorder of Deeds Office. The Recorder of Deeds shall not accept any plan for recording unless the plan has been officially approved and signed by the Board of 20 7. Supervisors. A certification of recordation, on a form provided by the Township, shall be filed with the Township within five (5) days of recordation. The Final Plat application shall not be considered complete and the time for official action by the Planning Commission and Board of Supervisors as per Sections 307.3 and 307.4 shall not begin until the Department of Environmental Protection approves the required Planning Module for the plan in writing. In addition, no plat which will require access to highway under the jurisdiction of the Pennsylvania Department of Transportation (PennDot) shall be finally approved unless the plat contains a notice that a highway occupancy permit is required pursuant to Section 420 of the act of June 1, 1945 (P.L. 1242, No. 428), known as the "State Highway Law," before driveway access to a State highway is permitted, or the applicant provides proof of a valid highway occupancy permit issued by PennDot for the site shown on the plat. 8. No changes, erasures, modifications modifications or revisions shall be made on any Final Plat of a subdivision after approval has been given by the Board of Supervisors and endorsed in writing on the plat, unless the plat is first resubmitted to the Board of Supervisors. SECTION 308. MINOR SUBDIVISION OPTION In the case of a minor subdivision (as defined) or lot addition (as defined), the applicant may apply directly for Final Plat approval in accordance with Section 307 of this ordinance and the plans and date requirements set forth hereunder. However, when multiple minor subdivisions within any given tract have been or are expected to be effectuated, or when other circumstances warrant, the Board of Supervisors may require such additional submissions, including full Preliminary and Final Plat procedures and requirements, in order that the purposes and intent of this ordinance may be met. The minor subdivision plat shall include: 1. Location Map: A diagram of the surrounding area sufficient to clearly indicate the location of the subdivision. 2. Tract Map: A scale drawing showing the boundaries of the entire tract to be subdivided, the new lot or lots to be formed, and the names of the adjoining property owners. 3. Subdivision Plat: A plat of the lot or lots to be formed, drawn to scale, showing all lot lines; right-of-way and cartway of the abutting street; any other existing rights-of-way and easements; adjacent underground utility lines; natural drainage ways; the building line; percolation test sites; location and description of survey monuments; bearings and dimensions of all property and associated right-of-way lines; the acreage of all parcels including the residue; lot numbers; and general topographic information. 4. Plat Data: Title identifying the subdivision and indicating the name of the municipality, name and address of the developer, scale and north point of the Subdivision Plat (and of the Tract Map if separate diagram), date of plan, certification and seal of registered engineer or surveyor, Plan Approval block, and Certificate Certificate of Recording block. 21 5. Department of Environmental Protection (DEP) Planning Module when applicable. 6. Stormwater management controls must be described and shown on the plan. 7. Twelve (12) copies of all minor subdivision plats shall be required by the Township. 8. The location, dimensions, and courses, where applicable, of existing and nonexisstin property lines, buildin lands, tree masses, streams, sanitary sewers, and stormwater facilities, water facilities, utility poles, wetland areas, flood plain areas, disposal sites, sinkholes, contaminated soil areas, gas lines, wells, fire hydrants, and other features as required. asements, rights-of-way, public nd other features, monuments, SECTION 309. IMPOSITION OF CONDITIONS Conditions may be imposed for the approval of preliminary or final plats, whether major or minor developments or subdivisions, and the approval of the plat will be automatically rescinded upon the applicants failure to accept or reject such conditions in writing within such a time limit as may be established established by the Board of Supervisors. The Board of Supervisors must notify the applicant in writing of the conditions being imposed on the proposed plan and sufficient information to support the imposition of such conditions. SECTION 310. WATER SUPPLY If water is to be provided by means other than private wells owned and maintained by the individual owners of lots within the subdivision or development; applicants shall present evidence to the Board of Supervisors that the subdivision is to be supplied by a certificated public utility, a bona fide cooperative association of lot owners, or by a municipal corporation, authority, or utility. SECTION 31 1. CONSTRUCTION WITH PRELIMINARY PLAN APPROVAL The developer may construct the required improvements for the project without obtaining final plan approval subject to the following: 1. The developer shall obtain final approval from all other agencies involved except the Board of Supervisors. Written evidence of these approvals shall be provided to the Township. Township. 2. Construction shall be as per the approved preliminary plan and all conditions of said approval. 3. A minimum of three (3) complete sets of the approved or conditionally approved preliminary plan (construction plan) shall be provided to the Township. 4. Maintenance bonds for one (1) year shall be provided with the final plan submittal for all improvements completed prior to the final plan submittal. 22 5. All fees as per Section 702, with the exception of the final plan fee, shall be paid by the developer. 23 ARTICLE V DESIGN STANDARDS SECTION 501. SUITABILITY OF LAND Land subject to hazards to life, health, or property, such as quarry land, open ditches, etc., shall not be subdivided for residential purposes until such hazards have been eliminated or unless adequate safeguards against such hazards, including contaminated soil, sinkholes, compliance with junkyard, nuisance and other ordinances, are provided by the subdivision or land development plan. SECTION 502. STREET SYSTEM The arrangement, character, extent, width, grade, and location of all streets shall conform to the Township Comprehensive Plan and/or to the Community Master Plan, if one has been adopted, and shall be considered in their relation to existing and planned streets, to topographical conditions, to public convenience and safety, and in their appropriate relation to the proposed uses of the land to be served by such streets. Where not shown in the Township Comprehensive Plan or Community Master Plan, the arrangements and other design standards standards of streets shall conform to the provisions found herein. 1. 2. 3. 4. 5. 6. 7. The arrangement of streets in new subdivision or land development shall make provisions for the continuation of existing streets in adjoining areas. Where adjoining areas are not subdivided, the arrangement of streets in new subdivision or land development shall make provision for the proper projection of streets into such adjoining areas. When a new subdivision adjoins un-subdivided land appropriate for subdivision or land development, then the new street right-of-way and cartway shall be carried boundaries of the tract proposed to be subdivided. Proposed streets shall conform to any local, county, and state road or highway plans which have been prepared, adopted, and/or filed, as required by law. In commercial and industrial areas adequate off-street loading and unloading space shall be provided. Whenever the proposed subdivision or land development contains or is adjacent to a highway designated as a “Limited Access Highway” by the appropriate highway authorities, provision shall be made for a marginal access street at a distance acceptable for the appropriate use of the land between the highway and such street. The Commission may also require rear service access, reverse frontage lots or such other treatment which will provide protection for abutting properties, reduction in the number of intersections with major streets, and separation of local and through traffic. New street names shall not duplicate existing street names and shall require the approval of the Franklin County Planning Commission and the Board of 25 a. 9. I O . 11. 12. 13. 14. 15. 16. Supervisors. New streets shall bear the same name of any continuation of or alignment with an existing or platted street. New half or partial streets shall not be permitted, except where essential to reasonable subdivision of a tract in conformance with the other requirements and standards of these regulations and where, in addition, satisfactory assurance for dedication of the remaining part of the street can be secured. Wherever a tract to be subdivided borders an existing half or partial street, the other part of the street shall be plotted within such tract. Dead-end streets shall be prohibited, except as stubs to permit future street extension into adjoining tracts, or when designed as cul-de-sacs. Stub Streets: When future extension is desirable, the right-of-way shall be placed adjacent to a property line; and a right-of-way and cartway of the same width as the street shall be carried to the property line in such a way as to permit future extension of the street into the adjoining tract. Temporary dead-end streets, on approved plans, may be used, provided that the developer, on his own land, constructs a stabilized all-weather cul-de-sac of seventy (70) feet including the cartway, the temporary cul-de-sac to be removed when the street is continued. Where subdivision occurs along existing streets with less than a fifty (50) foot right-of-way width, the developer shall dedicate twenty-five (25) feet from the centerline of the street to the Township for future widening of the street on Township maintained streets and shall reserve twenty-five (25) feet from the centerline of the street on all Commonwealth of Pennsylvania maintained streets. The dedication or reserved strip shall include the entire tract’s frontage, not just the lot(s) being subdivided. Developments on existing streets shall require the developer to improve the existing roadway, including constructing roadside swales, cutting banks, and other items required to meet the street cross-section as provided in Exhibit 2. Developer may also be required to extend paving width of the roadway to make it twelve (12) feet of paving from centerline. The Commission may require a traffic study be completed as part of their development plan. Any roadway improvements including traffic controls, traffic signals, line painting and/or traffic islands required by the traffic study are the responsibility of the developer to provide. The developer shall also be responsible for providing a maintenance fee for any traffic signals required. Snow-drop easements: When a land development or subdivision submission proposes to incorporate cul-de-sac streets in its design, an area or areas adjacent to a cul-de-sac of sufficient size to contain a volume of snow equivalent to one (1) foot on the paved area of the cul-de-sac shall be depicted and designated on the plans as an easement for purposes of snow removal from the paved area of the cul-de-sac. This area shall be in a location adjacent to the culddesac where snow plowed from the cul-de-de-sac may be deposited without 26 special maneuvering by the snowplow. SECTION 503. CUL-DE-SAC STREETS 1. RESIDENTIAL cul-de-sacs shall be provided at the closed end with a paved turnaround having a minimum right-of-way radius to the other pavement edge or curb line of sixty-five (65) feet, as per Exhibit 1. COMMERCIAL and INDUSTRIAL cul-de-sacs shall be adequate for the type of use to be serviced. 2. PERMANENT CUL-DE-SAC STREETS shall not exceed three thousand (3,000) feet in length. SECTION 504. STREET ALIGNMENT 1. Curves a. Whenever street centerlines are deflected, they shall be connected by horizontal curves. b. A tangent shall be required between curves. 2. Sight Distance a. To assure adequate sight distance, horizontal and vertical curves shall be provided on all streets so as to result in the following minimum sight stopping distances. Minimum Sight Distance Design Speed (mph) 20 30 40 50 60 Sight Stopping Distance (ft) 120 200 300 425 590 Sight distance is to be measured from a “seeing height” of 3.5 feet to an ”object height” of 0.5 feet. SECTION 505. STREET WIDTHS Street right-of-way widths shall be dedicated to the Township, and in cases of a new street, deeded to the Township, and shall be a minimum of twenty-five (25) feet from centerline for existing streets. Street cartway widths shall be twenty-four (24) feet, centered on the fifty-foot (50) right-of-way. Provisions for additional street width (dedicated right-of-way or deeded) may be required by the Board of Supervisors in specific cases for: 27 1. 2. 3. 4. Public safety and convenience. In new developments, it may be desired to make the cartway width twenty-eight (28) feet, with four (4) feet of this for pedestrian traffic. This increased width of cartway is at developer cost, to include line painting. Commercial and industrial areas or in high-density residential development. Increased turn radii, wider cartway, concrete curbing and other such items adding to the safety and welfare of the area may be required. Widening of existing streets which do not meet the requirements of current cartways, curves or grades. Developers may be required to provide more than twenty-five (25) feet from centerline when existing road is inadequate in its predevelopment state to ensure the safety and welfare of both users of the road and residents of the area after development. Developments on existing streets shall require the developer to improve the existing roadway, including constructing roadside swales, cutting banks, and other items required to meet the street street cross-section as provided in Exhibit 2. Developer may also be required to extend paving width of the roadway to make it twelve (12) feet of paving from centerline. SECTION 506. ACCESS DRIVES Streets shall be designed to make provisions for access to all lots and to adjacent undeveloped portions of the subdivision or land development. Access drives shall be designed according to the following standards: 7. All access drives shall be laid out so that motorists do not have to back out onto the street. 2. Access drives shall not exceed thirty-five (35) feet in width within twelve (12) feet of the street right-of-way line, excepting as increased by the curb radii, or as required by PennDot or other state agencies. 3. The number of access drives shall not exceed two (2) per lot on any one street frontage. The Zoning Hearing Board may grant permission for additional access drives where required to meet exceptional circumstances and where frontage of unusual length exists. ' 4. Access drives shall not enter a public street: a. Within seventy-five (75) feet of the street centerline of an intersecting street. Notwithstanding the above and when deemed reasonably necessary for safety by the Planning Commission, this dimension shall be increased for access drives to shopping centers, other commercial, industrial, public or institutional uses. Such access drives shall be located in a manner to permit safe ingress and egress. b. Within twelve (12) feet of a fire hydrant. 28 c. Within forty (40) feet of another access drive. d. Within five (5) feet of a property line unless two (2) adjoining owners mutually agree to a common access drive. 5. General Safety Requirement -Sight Distance: Access drives shall be located in safe relationship to sight distance and barriers to vision, and shall not exceed a slope of ten percent (10%) within twelve (12) feet of the street line. Where drives enter a bank through a cut, unless a retaining wall is used the side slopes of the cut shall be graded to not more than one-half (112) foot vertical to one (1) foot horizontal within ten (10) feet of the point the drive intersects with the right-ofwwa line. SECTION 507. STREET GRADES Streets shall be logically related to the topography so as to produce usable roads and reasonable grades. The grade of streets shall be as follows: 1. 2. 3. Centerline Grades a. Centerline grade should be not less than one-half of one percent (.5%). b. Centerline grades shall not exceed twelve percent (12%). c. Vertical curves shall be used at changes of grade and shall be designed in relation to the extent of the grade change. Leveling Area Where the grade of any street at the approach to an intersection exceeds seven percent (7%), a leveling area shall be provided having not greater than four percent (4%) grades for a distance of twenty-five (25) feet measured from the nearest right-of-way line of the intersecting street. Slope of Banks Along Streets The slope of banks along streets and within the fifty ( roadway measured perpendicular to the street centerline shall be no steeper than three-to-one for fills, and two-to-one for cuts. Such slopes shall be suitably planted with perennial grasses or other vegetation to prevent gullying and erosion. dedicated SECTION 508. STREET INTERSECTIONS 1. Intersection Design a. Streets shall be laid out to intersect as nearly as possible at right angles. No street shall intersect another at an angle of less than sixty (60) degrees. 29 b. Multiple intersections involving the junction or crossing of more than two (2) streets are prohibited. Streets entering opposite sides of another street shall be laid out either directly opposite one another or with a minimum offset of one hundred fifty (1 50) feet between their centerlines. c. 2. Curb or Cartway Radii a. The minimum curb radii at street intersections shall be thirty (30) feet; however, up to thirty-five (35) feet may be required for intersections or such greater radius as is suitable to the specific intersection. b. Cartway radii shall be a minimum of thirty (30) feet. I SECTION 509. STREET LENGTHS Streets shall be a minimum of two hundred fifty (250) feet in length. SECTION 510. BUILDING LINES 1. The minimum building line, measured from the required right-of-way line, shall be measured as required by the Washington Township Zoning Ordinance. 2. Side lot lines shall be substantially at right angles or radial to street lines. SECTION 51 1. LOTS The arrangement and other design standards of lots shall conform to the following requirements: I. 2. 3. 4. Every lot shall abut a street. However, up to three (3) lots may abut a private street. Double frontage lots shall not be platted, except that where desired along limited access highways, lots may face on an interior street and back on such thoroughfares. In that event, a planting strip for a screen, at least fifteen (15) feet in width, shall be provided along the back of the lot. Where lots back on a railroad, creek, or other natural barrier, there may also be required a fifteen-foot (15) planting screen strip; and interior lots having frontage on two streets shall be prohibited except where unusual conditions make it desirable. The minimum lot size, lot width, and building setback line shall be as required in the Washington Township Zoning Ordinance. Panhandle lots a. Only two (2) adjacent panhandle lots with a required four (4) lot separation or 400 feet minimum separation at the panhandle shall be allowed. b. The stacking of panhandle lots for more than two (2) tiers of lots is 30 prohibited. The permitted two-tier (2) arrangement will allow one lot to be located adjacent to the public road with one panhandle lot to the rear. c. The panhandle shall not decrease to less than twenty (20) feet in width at any point of the panhandle. d. The panhandle shall be able to be used by normal vehicles for the actual driveway to the lot, regardless of whether another access to the lot is provided. e. The area of the panhandle shall not be used in determining the required lot area. f. Driveway shall not have a grade of more than fifteen percent (15%) up or down. g. Panhandle and driveway shall not cross streams unless Department of Environmental Protection stream crossing permit is approved prior to approval of final plan. SECTION 512. SEWAGE FACILITIES STANDARDS AND PERMITS Unless otherwise provided in the Pennsylvania Sewage Facilities Act and regulations thereunder, all installation of sewage facilities within the Township shall be in accordance with a permit issued by the Township's Sewage Enforcement Officer or in accordance with the provisions of Section 603. SECTION 513. STORM DRAINAGE A storm drainage system shall be installed in accordance with the provisions of Section 604 and Ordinance 131 (Appendix A), for the purpose of handling normal and excessive stormwater run-off, with consideration given to, but not limited to, other area development, capacity of streams, and slope and soil conditions. SECTION 514. EASEMENTS I. Where a subdivision is traversed by a water course, drainage way, channel, or stream, there shall be provided a drainage easement conforming substantially with the line of such water course, drainage way, channel or stream and of such widths as will be adequate to preserve the unimpeded flow of natural drainage or for the purpose of widening, deepening, relocating, improving or protecting such drainage facilities or for the purpose of installing a stormwater sewer. In order to provide for future needs, all easements will be identified as utility/drainage easements. 2. Minimum widths: Minimum width for any easement is twenty-five (25) feet. Where more than two (2) utilities are located in the same easement, a wider easement may be required. 3. Location: Easements for public utilities shall, wherever possible, be centered on side or rear lot lines; drainage ways, channels, or stream easements may be 31 located as necessary to adequately meet the engineering requirements for the facility. 4. Easements for public utilities shall be offered for dedication to the providing utility. Drainage easements shall be offered for dedication to the Township. 5. No building or structure shall be constructed on any easement. Any fence, plantings or other obstructions placed on an easement shall be at the property owner’s own risk, and shall not be required to be replaced. No obstruction may be placed in a drainage easement. SECTION 515. EROSION AND SEDIMENT CONTROL 1. An erosion and sedimentation control plan consists of two parts: (a) a map or maps describing the topography of the area, the proposed alteration to the area and the erosion and sedimentation control measures and facilities; and (b) a narrative report describing the project and giving the purpose and engineering assumptions and calculations for control measures and facilities. 2. The erosion and sedimentation control plan shall consider and incorporate measures for: a. Stripping of vegetation in such a way as to minimize erosion. b. Retention of natural vegetation wherever possible. c. Stabilization of distributed soils as soon as practicable. d. Minimizing cut and fill operations, and particularly those which alter drainage patterns. In every case, the proposed plan must provide sufficient capacity for the anticipated volume and velocity of surface water run-off. e. Retarding run-off is necessary to prevent sedimentation from being discharged into the waters of the Commonwealth. f. Diverting surface water away from the project area where feasible. g. Temporary vegetation or mulching if necessary to prevent accelerated erosion. h. Permanent control to provide long-term stabilization. I. Positive drainage away from buildings and disposal. j. The topographic features of the project area. k. The types, depth, slope and areal extent of the soils. I. The proposed alteration to the area. 32 m. n. The staging of earthmoving activities. A maintenance program for the control facilities including disposal of materials removed from the control facilities or project area. 3. The Township has adopted with this ordinance the Chapter 102 erosion controls, under Pennsylvania Clean Streams Law Title 25. 4, All erosion and sedimentation control plans shall be reviewed and approved by the Franklin County Soil Conservation District and shall comply with the approved plan. SECTION 516. DESIGN STANDARDS FOR FLOOD PRONE AREAS All subdivisions occurring in or near any flood plain in the Township shall design the improvements in the development as per Article XVIII of the Washington Township Zoning Ordinance 153. SECTION 517. DRIVEWAY DESIGN 1. All driveways shall be laid out so that motorists do not have to back out on through streets. Lot owner is responsible for providing a turnaround on this driveway, and developer is responsible for providing sufficient lot size and design to accommodate a turnaround area on each lot. 2. All driveway piping required as part of the stonnwater management plan for the development as per Section 604 shall be installed by the developer prior to acceptance of the street by the Township or while the stormwater management swale is being constructed along existing streets. 33 ARTICLE VI IMPROVEMENT AND CONSTRUCTION REQUIREMENTS SECTION 601. MONUMENTS AND MARKERS 1. Placement; Marking Monuments and markers must be placed that the scored or marked point coincides exactly with the point of intersection of the lines being monumented. They must be set so that the top of the monument or marker is level with the surface of the surrounding ground. Concrete monuments shall be marked on top with a copper or brass dowel. Cut stone monuments shall have a point marking. 2. Specifications a. Monuments shall be of concrete or stone and a minimum of 6” x 6” x 30”. b. Markers shall be set at all lot corners or at points of curvature. 3. Removal Any monuments or markers that are removed shall be replaced by a surveyor at the expense of the person moving them. SECTION 602. STREETS 1. Residential streets shall be graded, surfaced, and improved in accordance with this section and as per Exhibit 2. Commercial and indusfrial sfreets shall be graded, surfaced and improved in accordance with this section and as per Exhibit 3. 2. The following standards shall apply to the road base: a. Road base shall be placed on well-compacted sub-base. b. Geo grid (fensar BX1 100 or equivalenf) shall be placed on the wellcomppacte sub-base. c. Road base shall consist of one of the following materials: (1) Eight (8) inches of compacted limestone consisting of a mix of sized stone ranging in size from AASHTO #tIo #57. (2) Eight (8) inches of compacted shale acceptable to the Township. (3) Eight (8) inches of other compacted stone acceptable to the Township. d. Leveling course: On top of the road base outlined above shall be placed 34 two (2) inches of crusher run leveling course acceptable to the Township. 3. Shoulders: Shoulders shall consist of four (4) inches of compacted shale or stone, four (4) feet long, both sides of cartway. The outside three (3) feet of compacted shale or stone shall then be covered with topsoil and seeded. The remaining one (If)oo t next to the cartway shall have stone placed to grade with the edge of the cartway. 4. Street Paving a. Residential streets shall be paved with four and one-half (4%) inches of ID-2A macadam consisting of three (3) inches of BCBC and one and onehaal (1 1/2) inches of wearing course. b. Arterial commercial and/orindustrialstreets shall be paved with six and one half (6 %) inches of ID-2A macadam consisting of five (5) inches BCBC and one and one-half (I %) inches of wearing course. c. The macadam shall meet the Pennsylvania Department of Transportation (PennDot) specifications. 5. All utilities installed under the cartway of the streets shall be backfilled with crusher run or other stone material acceptable to the Township. Utilities shall be completely installed no less than ninety (90) days before the paving of the street. 6. After all streets are completed, such completion shall be certified as satisfactory by the Township. 7. Inspection: The Township Inspector shall approve in steps; first, the sub-base; then the road base, geo grie then the leveling course; and finally the paving. The developer may not proceed to the next step without first obtaining approval of the step just completed by the Township Inspector. 8. Where three (3) road cuts are made in two hundred (200) feet of roadway, entire roadway must be paved. 9. Utilities installed under existing streets shall be backfilled with crusher run or other stone materials acceptable to the Township and as per Exhibit 4. SECTION 603. SEWER AND WATER SYSTEMS 1. Sewer Systems a. The minimum sewage facility that shall be provided for any dwelling, building, or commercial or industrial enterprise shall be of materials, designs, and functions in accordance with standards and regulations as determined by Act 537, commonly referred to as the Pennsylvania Sewage Facilities Act, as amended, and its regulations, and/or the Washington Township Municipal Authority rules and regulations. b. If an existing public sanitary sewer system is within one thousand (1 000) 35 2. feet of a proposed subdivision, mobile home park, or land development, the developer shall provide the subdivision, mobile home park, or land development with a complete sanitary sewer system, 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 the Municipal Authority. Upon proper cause shown, the Supervisors at an open meeting, may waive, modify, alter or suspend the requirements of this subsection. e. Where a public sanitary sewer system is not accessible but is planned for extension to the subdivision, mobile home park or land development or to within one thousand (1000) feet of any part of same, or land development with a complete sanitary sewer system to be connected to the planned public sanitary sewer system, the developer’s sewer system shall include a collector main installed in the street bed or approved sewer right-of-way and laterals installed from the collector main to the line of the street rightoofway or other approved sewer right-of-way. All plans and installations shall be subject to the approval of the Municipal Authority. Upon proper cause shown, the Supervisors at an open meeting, may waive, modify, alter or suspend the requirements of this subsection. d. Collector mains shall be designed as per the Washington Township Municipal Authority (WTMA) standards and requirements. All sewage collector mains shall be inspected by the WTMA at the cost of the developer. e. Following the construction of the collection system, the subdivider shall provide the Municipal Authority with “as-built” plans prepared by an engineer or surveyor and bearing his seal, showing the size, location and length of all lines. All descriptions shall include bearings and distances. f. Following completion of the collection system by the developer and inspection and approval by the Municipal Authority Engineer, the developer shall dedicate same to the Municipal Authority. Water a. Where a public water main supply is within one thousand (1 000) feet of, or where plans approved by the Board of Supervisors provide for the installation of such public water facilities to within one thousand (1 000) feet of a proposed subdivision or land development, the developer shall provide the subdivision or land development with a complete water main supply system, together with fire hydrants to serve the subdivision or land development in accordance with specifications provided by the provider of water to the subdivision or land development, to be connected to the existing or proposed water main supply system. Under proper cause shown, the Supervisors at an open meeting, may waive, modify, alter or suspend the requirements of this subsection. The public water system shall be used by the residents of the lot, No type of private water system such as a well or cistern shall be permitted on lots with public water available, except geothermal wells used for heating and air conditioning. 36 b. Following the construction of the water system, the subdivider shall provide the provider of public water with “as-built” plans, prepared by an engineer or surveyor and bearing his seal, showing the size, location, and length of all lines. All descriptions shall include bearings and distances. c. Following completion of the water system by the developer and inspection and approval by the provider of public water, the developer shall dedicate same to the provider of public water. d. Where installation of a public water main supply system is not required, the developer or owner of the lot shall provide for each lot at the time improvements are erected thereon, an individual water supply acceptable to the Department of Environmental Protection. SECTION 604. STORM DRAINAGE I. Each subdivision or land development shall conform to the provisions of Washington Township Ordinance 131 (Appendix A) for stormwater management. 2. Lots shall be laid out and graded to provide positive drainage away from new and existing buildings. 3. Whenever the evidence available indicates that natural surface drainage is inadequate, the subdivider or developer shall install storm sewers, culverts, retention basins and/or related facilities in accordance with plans and profiles designed by a registered engineer, approved by the Municipal Engineer, reviewed by the Planning Commission and approved by the Board of Supervisors. The developer shall submit his engineer’s calculations upon which the size of conduits, culverts, and other portions of the proposed storm sewer system have been based. Such storm drainage systems shall further provide the adequate drainage of streets and the interception of stormwater run-off along streets at intervals reasonably related to the extent and grade of the area drained, and provide off-site improvements if needed. 4. For any structure in, along or across any stream having a drainage area of onehaal (112) mile square or more, which may be subject to the rules and regulations promulgated under the Clean Streams Law, the subdivider or developer shall submit to the Township a copy of the approved permit for a structure issued under the Clean Stream Law. SECTION 605. CURBS AND GUTTERS Wherever the lots in a proposed subdivision or land development will result in a density of five (5) or more families per net residential acre, or where multi-family dwellings are provided, curbs shall be installed within the proposed development along the required parking areas. The Board of Supervisors may require installation of curbs and/or gutters in any subdivision where the evidence indicates that such improvements are necessary for proper drainage. All completed curbs and gutters shall be certified as satisfactory by the Municipal Engineer. 37 i SECTION 606. SIDE WALKS Wherever the lots in a proposed subdivision or land development will result in a density of five (5) or more families per net residential acre, or where multi-family dwellings are provided, sidewalks shall be installed from the required parking area to the residential units and to the required playground(s), when applicable. The Board of Supervisors may require installation of sidewalks in any subdivision or land development where the evidence indicates that sidewalks are necessary for the public safety. All completed sidewalks shall be certified as satisfactory by the Municipal Engineer. SECTION 607. ENCROACHMENTS ON STREETS AND RIGHTS-OF-WAY STREETS DEDICATED TO TOWNSHIP: Streets constructed since the first subdivision ordinance in 1976 were dedicated to the Township with deeds for what is normally a fifty-foot (50) wide piece of ground the length of the street, with paving more or less centered on it. Inasmuch as the Township is deeded ownership to this fifty-foot (50) wide strip of ground, certain restrictions apply to any encroachment by any lot owner on this property. Any shrub, bush, tree, structure, mailbox, post, log, vehicle or other object placed on this property by a lot owner is done so at’the lot owner’s risk. Washington Township refuses any responsibility to replace, remove or repair any such objects damaged by the Township. Further, any such object that hinders sight vision from driveways or intersections must be removed by the owner within fourteen (14) days of receiving written notice by the Township. If the object is not removed after the prescribed time by the owner, the Township will remove the object and dispose of it in accordance with laws. The Township would be under no requirement to return the object to its previous owner after the expiration of the prescribed time. STREETS ON WHICH THE TOWNSHIP HAS A RIGHT-OF-WAY: Inasmuch as the lot owner continues to own the property over which the right-of-way exists, a lot owner may place objects such as mailboxes, shrubs, posts, and similar items on his property over which the Township has a right-of-way as long as those objects do not interfere with normal safety of the traveling public, normal maintenance of the roadway, or sight vision from any intersection or driveway. Any property owner notified ,regarding required removal of an object from the right-of-way must do so within fourteen (14) days of receiving written notice. Failure to remove the object will result in the Township removing the object and replacing it on the lot owner’s property off the right-of-way. Any object on a right-of-way damaged by Township equipment hitting the object will be replaced by the Township.’ If the object is hit by snow or stones in normal course of work by the Township, the Township is not responsible for replacing it. STATE ROADS: Any objects on state road rights-of-way damaged by Township equipment will be handled on a case-by-case basis. SECTION 608. UTILITIES INSTALLA TION 38 All utilities including electric, telephone, TV cable and natural gas installed under any street cartway shall either be placed in the street sub-base prior to the street being compacfed as per Section 602.2 or the developer/utility shall place conduit in the street sub-base for the future installation of the utilities. No utilities shall be installed under the cartway after a new street has been accepted by fhe Township for a minimum of five (5) years unless specifically approved by the Board of Supervisors after receiving a written request. Bonding shall be provided to provide for the complete restoration of the cartway in the event that the cartway boring should fail. SECTION 609. STREET SIGNS 1. The subdivision or land development shall be provided with street name signs at all intersections. Such signs shall conform to Township specifications and shall be installed by the Township at the developer’s expense. 2. Other Street Signs: Street signs, such as stop signs, warning signs, speed signs or any other signs required by the development shall conform to Pennsylvania Department of Transportation regulations. These signs shall be installed at the nor to dedication of the street to the Township SECTION 610. INSPECTION Construction of all facilities and utilities shall be subject to inspection by appropriate Township officials during the progress of the work. The developer shall give forty-eight (48) hours notice to the Township prior to the installation or performance of any work requiring Township inspection and will be billed at the current rate. SECTION 61 1. CHANGES In cases where any of the foregoing requirements are not deemed appropriate by the Board of Supervisors to serve in the public interest, the Board of Supervisors reserve the right to increase, change, alter, or substitute materials, manner and specification for any utility or street improvement. SECTION 612. COMPLETION OF IMPROVEMENTS OR GUARANTEE THEREOF PREREQUISITE TO FINAL PLAT APPROVAL No plat shall be finally approved unless the streets streets shown have been improved to a mud-free or otherwise permanently passable condition or improved as may be required by this ordinance, and any walkways, curbs, gutters, street lights, fire hydrants, recreational facilities, shade trees, water mains, sanitary sewers, storm drains, and other improvements as may be required by this ordinance have been installed in accordance with this ordinance. In lieu of the completion of any improvements required as a condition for the final approval of a plat, a deposit with the municipality of financial security may be required in an amount sufficient to cover the costs of any improvements or common amenities, including but not limited to roads, stormwater detention and/or retention basins and other related drainage facilities, recreational facilities, open space improvements, or buffer or screen plantings. Without limitation as 39 to other types of financial security which the municipality may approve, which approval shall not be reasonably withheld, Federal or Commonwealth lending institution irrevocable letters of credit and restrictive or escrow accounts in such lending institutions shall be deemed acceptable financial security for the purpose of this section. Such financial security shall be posted with a bonding company or Federal or Commonwealth chartered lending institution chosen by the party posting the financial security, provided said bonding company or lending institution is authorized to conduct such business within the Commonwealth. Such bond or other security shall provide for and secure to the public, the completion of any improvements which may be required within one (I) year of the date fixed in the subdivision plat for completion of such improvements. The amount of financial security shall be equal to one hundred and ten percent (1 10%) of the cost of the required improvements, estimated as of ninety (90) days following the date scheduled for completion by the developer for which financial security is to be posted. The cost of the improvements shall be established by submission to the Township Supervisors of bona fide bid or bids from the contractor or contractors chosen by the patty posting the financial security to complete the improvements; or, in the absence of such bona fide bids, the costs shall be established by estimate prepared by the municipality’s engineer. If the party posting the financial security requires more than one (1) year from the date of posting of the financial security to complete the required improvements, the amount of financial security may be increased by an additional ten percent (1 0%) for each one-year period beyond the first anniversary date from posting of financial security or to an amount not exceeding one hundred and ten percent (1 10%) of the cost of completing the required improvements as re-established on or about the expiration of the preceding one-year period by using the above above bidding procedures. In the case where development is projected over a period of years, the Township Supervisors may authorize submission of final plats by section or stages of development subject to such requirements or guarantees as to improvements of future sections or stages of development as it finds essential for the protection of any finally approved section of the development. As the work of installing the required improvements proceeds, the party posting the financial security may request the Township Supervisors to release or authorize the release of, from time to time, such portions of the financial security necessary for payment to the contractor or contractors performing the work. Any such requests shall be in writing addressed to the Township Supervisors, and the Township Supervisors shall have forty-five (45) days from receipt of such request within which to allow the municipal engineer to certify, in writing, to the Township Supervisors that such portion of the work upon the improvements has been completed in accordance with the approved plat. Upon such certification, the Township Supervisors shall authorize release by the bonding company or lending institution of an amount as estimated by the municipal engineer fairly representing the value of the improvements completed; or, if the Township Supervisors fail to act within said forty-five-day (45) period, the Township Supervisors shall be deemed to have approved the release of funds as requested. The Township Supervisors may, prior to final release at the time of completion and certification by its engineer, require retention of ten percent (1 0%) of the estimated cost of the aforesaid improvements. Where the governing body accepts dedication of all or some of the required improvements following completion, the governing body may require the posting of financial security to secure structural integrity of said improvements as well as the functioning of said improvements in accordance with the design and specifications as depicted on the Final Plat for a term not to exceed eighteen months from the date of acceptance of dedication. Said financial security shall be of the same type as otherwise required in this section with regard to installation 40 of such improvements; and the amount of the financial security shall not exceed fifteen percent (15%) of the actual cost of installation of said improvements. If water mains or sanitary sewer lines, or both, along with apparatus of facilities related thereto are to be installed under the jurisdiction and pursuant to the rules and regulations of a public utility or municipal authority separate and distinct from the municipality, financial security to assure proper completion and maintenance thereof shall be posed in accordance with the regulations of the controlling public utility or municipal authority and shall not be included within the financial security as otherwise required by this section. If financial security has been provided in lieu of the completion of improvements required as a condition for the final approval of a plat as set forth in this section, the municipality shall not condition the issuance of building, grading or other permits relating to the erection or placement of improvements, including buildings, upon the lots or land as depicted upon the Final Plat upon actual completion of the improvements depicted upon the approved Final Plat. Moreover, if said financial security has been provided, occupancy permits for any building or buildings to be erected shall not be withheld following the improvement of the streets providing access to and from existing public roads to such building or buildings to a mud-free or othewise permanently passable condition, as well as the completion of all other improvements as depicted upon the approved plat, either upon the lot or lots or beyond the lots in question if such improvements are necessary for the reasonable use of or occupancy of the building or buildings. SECTION 613. AS-BUILT DRAWINGS Two (2) sets of as-built drawings shall be submitted to the Township upon completion of the streets, stormwater facilities, or other improvements associated with the approved Final Plat. SECTION 614. RELEASE FROM IMPROVEMENT BOND 1. When the developer has completed all all of the necessary and appropriate improvements, the developer shall submit two (2) sets of as-built drawings and shall notify the Board of Supervisors in writing, by certified or registered mail, of the completion of the aforesaid improvements and shall send a copy thereof to the municipal engineer. The Board of Supervisors shall, within ten (IO) days after receipt of such notice, direct and authorize the municipal engineer to inspect all of the aforesaid improvements. The municipal engineer shall thereupon file a written report with the Board of Supervisors and shall promptly mail a copy of the same to the developer by certified or registered mail. The report shall be made and mailed within thirty (30) days after receipt by the municipal engineer of the aforesaid authorization from the Board of Supervisors; said report shall be detailed and shall indicate approval or rejection of said improvements, either in whole or in part; and if said improvements, or any portion thereof, shall not be approved or shall be rejected by the municipal engineer, said report shall contain a statement of reasons for such non-approval or rejection. 2. The Board of Supervisors shall notify the developer in writing, by certified or registered mail, of the action of said Board of Supervisors with relation thereto. 3. If the Board of Supervisors or the municipal engineer fail to comply with the time 41 limitation provisions contained herein, all improvements will be deemed to have been approved, and the developer shall be released from all liability pursuant to its performance guaranty bond. 4. If any portion of the said improvements shall not be approved or shall be rejected by the Board of Supervisors, the developer shall proceed to complete the same; and upon completion, the same procedure of notification, as outlined herein, shall be followed. 5. Nothing herein, however, shall be construed in limitation of the developer’s right to contest or question, by legal proceeding or otherwise, and determination of the Board of Supervisors or the municipal engineer. 6. Where herein reference is made to the municipal engineer, he shall be as a consultant thereto. 7. The municipality may prescribe that the applicant shall reimburse the municipality for the reasonable and necessary expense incurred for the inspection of improvements. SECTION 615. REMEDIES TO EFFECT COMPLETION OF IMPROVEMENTS In the event that any improvements which are required have not been installed as provided in this ordinance or in accord with the approved Final Plat, the Board of Supervisors may enforce any corporate bond or other security by appropriate legal and equitable remedies. If proceeds of such bond or other security are insufficient to pay the cost of the installing or making repairs or corrections to all the improvements covered by said security, the Board of Supervisors may, at its option, install part of such improvements in all or part of the subdivision or land development and may institute appropriate legal or equitable action to recover the moneys necessary to complete the remainder of the improvements. All of the proceeds, whether resulting from the security or from any legal or equitable action brought against the developer, or both, shall be used solely for the installation of the improvements covered by such security, and not for any other municipal purpose. 42 ARTICLE VI1 GENERAL PROVlS I ON S SECTION 701. PLAT APPROVAL 1. 2. 3. 4. 5. The Board of Supervisors by resolution shall not approve any subdivision or land development plat except in strict conformance with the provisions of this ordinance. The Board of Supervisors may alter any subdivision or land development plat and specify alterations, changes, or modifications therein which it deems necessary and may make its approval subject to such alterations, changes or modifications. No street or related improvement shall be accepted as a part of the highway system of the municipality or for maintenance unless opened, laid out, graded and improved in strict accordance with standards and specifications of the municipality. Before acting to approve any subdivision or land development plat, the Board of Supervisors may conduct a public hearing thereon, after giving such notice as may be deemed desirable in each case. If a public hearing has been held upon a preliminary plat, a public hearing shall not be required upon the Final Plat unless the Final Plat departs substantially from the preliminary plat or plan. Procedures a. b. C. From the time an application for approval of a plat, whether preliminary or final, is duly filed as provided in the Subdivision and Land Development Ordinance, and while such application is pending approval or disapproval, no change or amendment of the zoning, subdivision or other governing ordinance or plan shall affect the decision on such application adversely to the applicant; and the applicant shall be entitled to a decision in accordance with the provisions of the governing ordinances or plans as they stood at the time the application was duly filed. In addition, when a preliminary application has been duly approved, the applicant shall be entitled to final approval in accordance with the terms of the approved preliminary applications as hereinafter provided. However, if an application is properly and finally denied, any subsequent application shall be subject to the intervening change in governing regulations. When an application for approval of a plat, whether preliminary or final, has been approved without conditions or approved by the applicant’s acceptance of conditions, no subsequent change or amendment in the zoning, subdivision of other governing ordinance or plan shall be applied to affect adversely the right of the applicant to commence and to complete any aspect of the approved development in accordance with the terms of such approval within five (5) years from such approval. Where final approval is preceded by preliminary approval, the aforesaid 43 five-year (5) period shall be counted from the date of the preliminary approval. In the case of any doubt as to the terms of a preliminary approval, the terms shall be construed in the light of the provisions of the governing ordinances or plans as they stood at the time when the application for such approval was duly filed. d. Where the landowner has substantially completed the required improvements as depicted upon the Final Plat within the aforesaid fiveyeea (5) limit, or any extension thereof as may be granted by the governing body, no change of municipal ordinance or plan enacted subsequent to the date of filing of the preliminary plat shall modify or revoke any aspect of the approved Final Plat pertaining to zoning classification or density, lot, building, street or utility location. e. In the case of a preliminary plat calling for the installation of improvements beyond the five-year (5) period, a schedule shall be filed by the landowner with the preliminary plat delineating all proposed sections as well as deadlines within which applications for Final Plat approval of each section are intended to be filed. Such schedule shall be updated annually by the applicant on or before the anniversary of the preliminary plat approval, until Final Plat approval of the final section has been granted, and any modification in the aforesaid schedule shall be subject to approval of the governing body in its direction. f. Each section in any residential subdivision or land development, except for the last section, shall contain a minimum of twenty-five percent (25%) of the total number of dwelling units as depicted on the preliminary plat, unless a lesser percentage is approved by the governing body in its discretion. Provided the landowner has not defaulted with regard to or violated any of the conditions of the preliminary plat approval, including compliance with landowner’s aforesaid schedule of submission of Final Plats for the various sections, then the aforesaid protections afforded by substantially completing the the improvements depicted upon the Final Plat within five (5) years shall apply; and for any section or sections beyond the initial section in which the required improvements have not been substantially completed within said five-year (5) period, the aforesaid protections shall apply for an additional term or terms of three (3) years from the date of Final Plat approval for each section. g. Failure of landowner to adhere to the aforesaid schedule of submission of Final Plats for the various sections shall subject any such section to any and all changes in zoning, subdivision and other governing ordinance enacted by the municipality subsequent to the date of the initial preliminary plan submission. 6. The developer shall construct the development in strict compliance with the approved Final Plat. SECTION 702. FEES 1. Schedule of Fees 44 The Board of Supervisors shall establish a schedule of fees and a collection procedure. The schedule of fees shall be available in the Township ofices and may be amended from time to time by the Township Supervisors. The schedule of fees shall include: a. b. Engineering fees. c. Legal Fees. d. Inspection fees. e. Stormwater management review fees. Application fees for both preliminary and final plans. 2. Payment of Fees Upon invoicing by the Township, the developer shall pay the fee established by the Township to cover the cost of the following: a. Reviewing the plat’s engineering details. b. Inspecting the site for conformance to survey. c. Preparing cost estimates or required improvements. d. Inspection of required improvements during installation. e. Final inspection on completion of installation of required improvements. SECTION 703. WAIVERS 1. 2. 3. Where, owing to special conditions, a literal enforcement of the provisions of this ordinance will result in unreasonable hardship, the Board of Supervisors may make such reasonable waivers thereto which are in accordance with modern and evolving principles of site planning and land development which are not contrary to the public interest and so that the spirit of this ordinance shall be observed and substantial justice done. Application letter, along with all supporting data, for any waiver shall be submitted to the Planning Commission in writing by the Applicant with the preliminary plan submittal. The Applicant may also submit a request prior to submitting plans. The application letter shall state fully the grounds and all the relevant facts regarding the situation. The Planning Commission may require additional details as part of their review. The Planning Commission shall review the application and provide a recommendation to the Board of Supervisors. 45 4. The Board of Supervisors shall make their decision, record the action and grounds for granting or denying the waiver in its minutes. 46 I , ARTICLE Vlll ENFORCEMENT, PENALTIES, SEVERABILITY, AND ADOPTION SECTION 801. ENFORCEMENT It shall be the duty of the Township Manager, Township Engineer, Code Enforcement Officer, Township Inspector, and/or any other such duly authorized representative of the Board of Supervisors to enforce the provisions of this ordinance. Said enforcement officers shall require that the application for a building permit contain all information necessary to enable them to ascertain whether the proposed building, alteration, or use is located in an approved subdivision or land development. No building permit shall be issued until the enforcement officers have certified that the site for the proposed building, alteration or use complies with all the provisions of this ordinance and conforms to the site description as indicated on the approved and recorded Final Plat. SECTION 802. VIOLATIONS Failure to comply with the provisions of this ordinance or of any rules or regulations promulgated from time to time by the Board of of Supervisors shall be a violation of this ordinance. SECTION 803. PREVENTIVE REMEDIES 1. In addition to other remedies, the Township may institute and maintain appropriate actions by law or in equity to restrain, correct or abate violations, to prevent unlawful construction, to recover damages and to prevent illegal occupancy of a building, structure or premises. The description by metes and bounds in the instrument of transfer or other documents used in the process of selling or transferring shall not exempt the seller or transferor from such penalties or from the remedies herein provided. 2. The Township may refuse to issue any permit or grant any approval necessary to further improve or develop any real property which has been developed or which has resulted from a subdivision of real property in violation of this ordinance. This authority to deny such 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 47 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 may require compliance with the conditions that would have been applicable to the property at the time the applicant acquired an interest in such real property. SECTION 804. JURISDICTION District Justices shall have initial jurisdiction in proceedings brought under this ordinance. SECTION 805. 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 $500 plus all court costs, including reasonable attorney fees incurred by the Township as a result thereof. No judgment shall commence or be imposed, levied or payable until the date of the determination of a violation by the District Justice. If the defendant neither pays nor timely appeals the judgment, the Township may enforce the judgment pursuant to the applicable rules of civil procedure. Each day that a violation continues shall constitute a separate violation, unless the District Justice determining that there has been a violation further determines that there was a good-faith basis for the person, partnership or corporation violating the ordinance to have believed that there was no such violation, in which event there shall be deemed to have been only one such violation until the fifth day following the date of the determination of a violation by the District Justice and thereafter each day that a violation continues shall constitute a separate violation. 2. The Court of Common Pleas, upon petition, may grant an order of stay, upon cause shown, tolling the per diem judgment pending a final adjudication of the violation and judgment. 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 806. REPEALER All ordinances or parts of ordinances inconsistent herewith are hereby repealed. Nothing in this ordinance hereby adopted shall be construed to affect any suit or proceeding now pending in any court, or any rights accrued, or liability incurred, or any cause or causes of action accrued or existing, under any ordinance repealed by this ordinance. Nor shall any right or remedy of any character be lost, impaired or affected by this ordinance. Ordinance No. 57, enacted December 20, 1976, is repealed in its entirety. SECTION 807. SEVERABI LlTY 48 1 . If any section, subsection, sentence, clause, phrase or portion of this ordinance is, for any reason, held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision, and such holding shall not affect the validity of the remaining portions hereof. It is hereby declared to be the intent of the Board of Supervisors that this ordinance would have been adopted, had such unconstitutional, illegal, or invalid section, subsection, sentence, clause, phrase or portion not been included herein. SECTION 808. APPLICABILITY In any case where a provision of this ordinance is found to be in conflict with the provision of a zoning, building, fire, safety or health ordinance or code of this Township or law, rule or regulation of the Commonwealth of Pennsylvania, the provision which establishes the higher standard for the promotion and protection of the health and safety of the people shall prevail. SECTION 809. INTERPRETATION, PURPOSE AND CONFLICT It is intended that in interpreting and applying the provisions of this ordinance, the provisions shall be deemed to be the minimum requirements for the promotion of the health, safety, morals, and general welfare of the Township. It is not intended that the provisions of this ordinance will interfere with or abrogate or annul other rules, regulations or ordinances of the Township, provided, however, that where this ordinance imposes a greater restriction upon the use of buildings or premises, or requires larger open spaces than may be imposed by such other rules, regulations or ordinances, the provisions of this ordinance shall control. SECTION 8 10. FEES The Board of Supervisors shall establish a schedule of fees and a collection procedure. No action shall be made on any application until all application fees have been paid in full. The schedule of fees shall be available in the Township offices and may be adjusted at times by the Board of Supervisors in order to reflect changing costs. 49 SECTION 811. ADO PTI 0 N This Ordinance shall become effective on Enacted and ordained this day of , , in lawful session duly assembled. ATTEST: BOARD OF SUPERVISORS TOWNSHIP OF WASHINGTON FRANKLIN COUNTY, PENNSYLVANIA Karen S. Hargrave Secretary Paul G. Benchoff Chairman Arthur T. Cordell Richard D. Eigenbrode James W. Kirby C. Stewart McCleaf I Karen S. Hargrave, Secretary of the Board of Supervisors, Washington Township, Franklin County, Pennsylvania, do certify that the foregoing is a true and correct copy of an Ordinance adopted at a regular meeting of the Washington Township Supervisors held 9 , in a regular session duly assembled. Karen S. Hargrave Secretary I- i i I 1-?/2" CWPACZD /D2 CARING r3 " Cf24PACBD 8&C \ CUMPACEV €%?W SUBGRADE ROAD coNsmucnooN NOES r/17re dope of bunks u/mg streets mwsured pevpeurd/i=u/o/fo the stmf cs?rf&he &ufl be no sfexpH thm 2 fo I tiw cufs md 3 to I tiw M/s A//&pes &u# be su,'fab/y p/anted wiyh pwwtn/b/grases or othw egitutfm to premt sash. 2) me fimsh@Supemkm &a1 approve the constmcted roud buse behe puv/irg 13 upp& 3) ne bihd6r und weahg courss wi//be tiahf& rd/ed wi!! an 8 to I2 tm rd/6vz #) A//mud 02 and uggmgute du.1 meet cumeurf PWDOT qeciflcatibm pw pubHcutW 4U9. 5//a//d'frk te/ephme cub/e and gas hhes cmsihg undw fhe mud bed and shoudem wiV be encused wifhi. Si40 PE p@es 6) Ger, Md w# be p/u& undey fhe &u/e/sfone 6use IEVSAR BXIUO w equiw/& 26' wide .. 7-7/2# COMPACED /DZ HARING rC5 '" C8OMPACZ€D l???/CAL Dff/KWA Y ERT \ LCUT ff0AD.DE SWLE 78" L8" ROLft7-D SALE MW 2" ZRC 6' ffOUED SmNE WW 2" CRUSER RUN 26 EiET WDE BELOW PAKMZVTLVGE CW AS REGWRED BY SWM WA EA' MANAGEMEW PLAN ROAD Ci2NS~UCnON NOZS I) Be dqe of bunks o/mg streets meusuredpepeffo?cu/ar to the stmf cmtd/he &u//be no stww &on I to 1 fw cuts and 3 to 1 tbr fl!. A//srz7pss &u//be suifub& p/unted wi& pwenniu/qrusms LV o&w mgitution to pmmt mion. 2) me rOwnrsh/t, 9pm5ors &u/uppove fhe conslwcfw' mud buse befie puwhg 13 upphM 3) 135e bAdw und wmnhq ccwses wH be t/ght& m//d wYh on 8 fo 12 fm fin/& .4) M/mud 03 und uggmgute &u//meef current KNmT specificutions per publcution 40& 5) A//e/ectr/i; fe/ephonne, mb/e and gas hhes eossAg und& fhe r i d bed and shou/ddevs wi//be encwseo' withh SCH40 PK p@es 6) L;ipo Wd ~1%' be p/uced undw the shu/e/stme buss?, mS4R BX77UO or equiw/& 26' wide. EXISTING ROADWAY RESTORATION DETAIL NO SCALE EXHIBIT 4 WASHINGTON TOWNSHIP SUBDIVISION AND LAND DEVELOPMENT ORDINANCE # Compacted and Rolled Existing Surface I I Both EDGES to be Straight Edges The entire trench backfilled with Crusher Run or equal Trench to be compacted in one-foot lifts. Temp. Pavement Existing Ground Besiding as per WTMA or Waynesboor specs NOTES: 1. 2. 3. 4. 5. 6. 7. 8. 9. Pipe bedding materials -as per the authority or utility regulations. Trench backfill -The trench shall be completely backfilled with Crusher Run or equal materials. The trench backfill materials shall not be placed higher than three inches (3”) below the existing roadway surface. Compaction -The trench backfill materials shall be thoroughly compacted. The maximum lift between compaction intervals shall be twelve inches (1 2”). Temporary pavement -Shall consist of three inches (3”) of cold patch or equal. Temporary pavement shall be placed in the trench immediately upon completing the backfilling of the trench. Excavated materials -All excavated materials shall be removed from the roadway right-ofwwa and placed at an appropriate site. Ongoing maintenance -The contractor or municipal agency shall be responsible to maintain the temporary pavement in a manor acceptable to the Township at all times. Permanent pavement -Shall consist of one-and-one-halfjnches (IW )o f ID2 wearing course and three inches (3”) of BCBC for residential streets and one-and-one-half inches (1 %”) and five inches (5) of BCBC for commercial and industrial streets. Permanent pavement shall only be placed on the trench from April I to October 31, as per PennDot regulations. There shall be a minimum ninety-day (90) time delay after excavation before the final pavement is installed. Notification -the Township office shall be notified before any excavations begin (in the case of emergencies, the next working day). The Township shall be advised when the final pavement will be installed. Inspection will be provided by the Township at the developer’s cost. Maintenance periods -The contractor or municipal body shall be responsible for the maintenance of the trench for a minimum period of one (1) year from the start of the project. 10. New streets cut within five (5) years of construction shall be cut back on an angle four additional feet (4’). TOWNSHIP OF WASHINGTON FRANKLIN COUNTY, PENNSYLVANIA ORDINANCE NO. 131 THE ANTIETAM CREEK WATERSHED STORM WATER MANAGEMENT ORDINANCE AN ORDINANCE ESTABLISHING STORM WATER MANAGEMENT REGULATIONS FOR THE ANTIETAM CREEK WATER SHED WHICH REGULATES THE RATE OF STORM WATER LEAVING A PARCEL OF LAND AND IMPLEMENTS THE PROVISIONS OF' THE FRANKLIN COUNTY ANTIETAM CREEK STORM WATER MANAGEMENT PLAN, PROVIDING FOR THE REVIEW OF STORM WATER MANAGEMENT PLANS, THE COLLECTION OF FEES AND INSURING THE MAINTENANCE OF PERMANENT STORM WATER MANAGEMENT STRUCTURES. NOTE: There were no changes made to this stormwater management ordinance. APPENDIX A