chapter 285. subdivision and land...

Township of Warwick, PA

Chapter 285. SUBDIVISION AND LAND DEVELOPMENT

[HISTORY: Adopted by the Board of Supervisors of the Tow nship of Warw ick 2-19-1997 byOrd. No. 176. Amendments noted w here applicable.]

Article I. Enactment, Authority and Jurisdiction

§ 285-1. Enactment; authority.

The Board of Supervisors of Warwick Township, pursuant to the Pennsylvania Municipalities PlanningCode, Act 247 of 1968, as amended, 53 P.S. § 10101 et seq., hereby enacts and ordains the followingchapter governing subdivisions and land developments within the limits of Warwick Township.

§ 285-2. Jurisdiction.

A. The standards and requirements contained in this chapter shall apply as minimum standardsfor subdivisions and land developments located within Warwick Township. However, whenthe Township in Chapter 340, Zoning, Chapter 120, Construction Codes, Uniform, Chapter277 , Article II , Construction, Opening or Dedication of Public Streets, or other ordinance,code, resolution or regulation other than this chapter imposes more restrictive standardsand requirements than contained herein, such other standards and requirements shallprevail. These municipal standards and requirements shall be subject to enforcement by theagency assigned such jurisdiction by said ordinance, code, resolution or regulation. Approvalof a plan by the Township shall not be construed as an indication that the plan complies withthe other local standards or requirements.

B. With the exception of Subsections C and D , below, the provisions of this chapter shall applyto and control all subdivisions and/or land developments whose plans have not beenrecorded in the Office of the Recorder of Deeds in and for Lancaster County, Pennsylvania,prior to the effective date of these regulations.

C. The provisions of this chapter shall not affect an application for approval of a preliminary orfinal plan which is pending Board of Supervisors' action at the time of the effective date ofthis chapter, in which case the applicant shall be entitled to a decision in accordance with thegoverning ordinances as they stood at the time the application for the plan was filed.Additionally, this chapter shall not affect any suit or prosecution pending or to be institutedto enforce any provision of the Warwick Township Subdivision and Land DevelopmentOrdinance of 1979, as amended, or an act done, contract executed or liability incurred priorto the effective date of this chapter, nor shall any provision of this chapter be construed towaive the obligations imposed upon an applicant to complete a previously approvedpreliminary or final plan including the installation of all improvements required thereunder,in strict compliance with the requirements of any applicable predecessor regulations.

D. In accordance with the provisions of the Pennsylvania Municipalities Planning Code, Act 247of 1968, as amended, regulations governing mobile home parks are set forth in Article VII ofthis chapter.

E. In accordance with the provisions of the Pennsylvania Municipalities Planning Code, Act 247of 1968, as amended, applications for subdivisions and/or land developments located withinthis Township shall, upon receipt by the Township, be forwarded to the Lancaster CountyPlanning Commission in accordance with Article V , § 285-16 , for review and report. TheTownship shall not approve applications until the Lancaster County Planning Commissionreport is received or until the expiration of 30 days from the date the application wasforwarded to the Lancaster County Planning Commission.

§ 285-3. Title.

This chapter shall be known and may be cited as the "Warwick Township Subdivision and LandDevelopment Ordinance."

Article II. Definitions

§ 285-4. General.

Unless otherwise expressly stated, the following terms shall, for the purpose of this chapter, have themeaning indicated below.

§ 285-5. Word use.

Words used in the singular include the plural, and words used in the plural include the singular. Theword "person" indicates a corporation, an unincorporated association, a partnership or any otherentity, as well as an individual. The word "buildings" includes "structures" and shall be construed as iffollowed by the words "or a part of." The word "street" includes "highway," "road," "avenue" and "lane."The word "watercourse" includes "drain," "ditch" and "stream." The word "may" is permissive; thewords "shall" and "will" are mandatory. References to codes, ordinances, resolutions, plans, maps,governmental bodies, commissions or agencies, or officials, are to codes, ordinances, resolutions,plans, maps, governmental bodies, commissions or agencies, or officials, of the Township of Warwick

or the authority as in effect or office from time to time including amendments thereto or revisions orsuccessors thereof, unless the text indicates that another reference is intended.

§ 285-6. Specific terms defined.

Other terms or words used herein shall be interpreted or defined as follows:

ACCESS DRIVEAn improved cartway designed and constructed to provide for vehicular movement between apublic road and a tract of land containing any use other than one single-family dwelling unit orfarm. (See also "street.")

AGRICULTURAL LANDLand used exclusively for the tilling of the soil, the raising of crops, forestry, horticulture andgardening, including the keeping or raising of livestock such as cattle, cows, hogs, horses, sheep,goats, poultry, rabbits, birds, fish, bees and other similar animals. This definition also includes landused for noncommercial greenhouses and mushroom houses.

APPLICANTA developer and/or landowner, as hereinafter defined, including heirs, successors and assigns, whohas filed an application for subdivision and/or land development.

AUTHORITYWarwick Township Municipal Authority, its successor, or any other municipality authority createdunder the Laws of the Commonwealth of Pennsylvania.

BLOCKA tract of land which is entirely bounded by streets, public parks, cemeteries, railroads and/orwatercourses.

BUILDINGAny structure, either temporary or permanent, having walls and a roof or other covering anddesigned or used for the shelter or enclosure of any person, animal or property of any kind,including tents, awnings or vehicles situated on private property and used for purposes statedabove. For the purposes of this section, the word "building" shall include gas or liquid storagetanks.

A. BUILDING, ACCESSORY — A detached, subordinate building, the use of which iscustomarily incidental and subordinate to that of the principal building, which is located on thesame lot as that occupied by the principal building. Farm buildings not intended for habitationare considered to be accessory buildings.

B. BUILDING, PRINCIPAL — A building which is enclosed within exterior walls or fire walls,which is built, erected and framed of component structural parts, which is designed forhousing, shelter, enclosure and support of individuals, animals or property of any kind, andwhich is a main structure on a given lot.

(1) DETACHED — A building which has no party wall.

(2) SEMI-DETACHED — A building which has only one party wall in common.

(3) ATTACHED — A building which has two or more party walls in common.

BUILDING SETBACK LINEA line within a lot which is equidistant from a front, side or rear lot line which represents theminimum separation distance between the street right-of-way or lot line to the limits of thebuilding line as determined by the yard requirements of Chapter 340, Zoning. If any portion of thefront lot line is not within a street right-of-way, such distance shall be measured between suchportions of the front lot line and the front building line.

CARTWAYThat portion of a street or alley right-of-way that is intended for vehicular movement.

CHAIRMANThe Chairman of the Board of Supervisors of Warwick Township.

CLEAR SIGHT TRIANGLEAn area of unobstructed vision at a street intersection defined by a line of sight between points ata given distance from the intersection of the street center lines.

COMMISSIONThe Warwick Township Planning Commission.

COMPREHENSIVE PLANThe official public document prepared in accordance with the Municipalities Planning Codeconsisting of maps, charts and textual material, that constitutes a policy guide to decisions aboutthe physical and social development of Warwick Township.

CONDOMINIUMA method of owning property whereby each property owner has title to an individualcondominium unit and title in common with all other unit owners to common elements asregulated by the Pennsylvania Uniform Condominium Act, 68 Pa.C.S.A. § 3101 et seq.

COUNTY PLANNING COMMISSIONThe Lancaster County Planning Commission.

DEDICATIONThe deliberate appropriation of land by its owner for general public use.

DEEDA written instrument whereby an estate in real property is conveyed.

DEED RESTRICTIONA restriction upon the use of a property placed in deed.

DENSITYThe number of dwelling units or units of occupancy permitted in relation to the gross land area ofthe site, exclusive of existing perimeter public or private street rights-of-way and areas within thefloodplain zone as described in Chapter 340, Zoning.

DEPARTMENT OF ENVIRONMENTAL PROTECTION or DEP

The Department of Environmental Protection of the Commonwealth of Pennsylvania or anyagency successor thereto.

DEPARTMENT OF TRANSPORTATION or PADOTThe Department of Transportation of the Commonwealth of Pennsylvania or any agency successorthereto.

DEVELOPERAny landowner, agent of such landowner, or tenant with the permission of such landowner, whomakes or causes to be made a subdivision of land or a land development.

DRAINAGE RIGHT-OF-WAYThe land required for the installation of storm sewer or drainage facilities, or required along anatural stream or watercourse for preserving the channel and providing for the flow of watertherein or to safeguard the public against flood damage.

DRIVEWAYAn improved cartway designed and constructed to provide vehicular movement between a publicroad and a tract of land serving one single-family dwelling unit or farm or two dwelling units and/orfarms for shared driveway. (See also "street.")

DWELLING UNIT (see also " unit of occupancy" )A building or portion thereof arranged or designed for occupancy by not more than one family andhaving separate cooking and sanitary facilities.

EASEMENTA right-of-way granted for limited use of private land for a public or quasi-public or privatepurpose, and within which the owner of the property shall not have the right to make use of theland in a manner that violates the right of the grantee.

ELEVATIONThe horizontal alignment of a surface, as it exists or as it is made by cut and/or fill.

A. FINISHED FLOOR GRADE — The first level elevation established for a particular building.

B. ROAD GRADE — The rate of rise and fall of a road surface, measured along the profile ofthe center of the cartway.

ENGINEERA professional engineer registered by the Commonwealth of Pennsylvania.

FINAL PLANSee "plan, final plan."

FLOODA general and temporary condition of partial or complete inundation of normally dry land areasfrom the overland flow of watercourses, or from the unusual and rapid accumulation or runoff ofsurface waters from any source.

FLOOD, BASE (ONE-HUNDRED-YEAR FLOOD)A flood volume likely to occur once every 100 years (e.g., that has a one-percent chance ofoccurring each year, although the flood may occur in any year).

FLOODPLAINAn area of land adjacent to the channel of a watercourse which has been or is likely to be flooded,or any area subject to the unused and rapid accumulation of runoff of surface waters from anysource.

FLOODPROOFINGAny combination of structural and/or nonstructural additions, changes, or adjustments toproperties and structures which reduces or eliminates flood damage to land, water, sewagefacilities, buildings and contents of buildings.

FLOODWAYThe channel of a watercourse and the adjacent land areas that must be reserved in order todischarge the base flood without cumulatively increasing the base flood elevation more than onefoot. (See figure shown below.)

A. FLOOD ELEVATION AFTER ENCROACHMENT

B. FLOOD ELEVATION BEFORE ENCROACHMENT

FLOODWAY FRINGEThat portion of the floodplain which could be completely obstructed without increasing the watersurface elevation of the one-hundred-year flood more than one foot at any point.

HALF STREETA street of less than the required right-of-way and/or cartway width.

IMPROVEMENTThe making of physical changes to the land including, but not limited to, grading and paving,installment of curbs, gutters, stormwater management facilities or sidewalks and extensions and/orinstallation of water supply facilities and/or sanitary sewer facilities in order to prepare the land fortwo or more residential units of occupancy or one or more nonresidential units of occupancy.Improvement shall also include the erection of a nonresidential building, the addition of more thanfour square feet to a nonresidential building, the conversion of a nonresidential building into agreater or lesser number of units of occupancy, or the conversion of a single-family residence intofour or more dwelling units. Improvement shall not include the erection of a residential accessorybuilding or structure including, but not limited to, attached or detached garages, swimming poolsor tennis courts or the erection of an accessory building or structure for agricultural purposes ona farm.

IMPROVEMENT CONSTRUCTION ASSURANCEThe procedures, specified in Article V , by which a developer assures the construction ofimprovements required by this chapter.

IMPROVEMENT CONSTRUCTION PLANSee "plan, improvement construction plan."

LANCASTER COUNTY PLANNING COMMISSIONThe Lancaster County Planning Commission or, when authorized, the County Planning Commissionstaff.

LAND DEVELOPMENTAny of the following activities:

A. The improvement of one lot or two or more contiguous lots, tracts or parcels of land forany purpose involving:

(1) A group of two or more residential or nonresidential buildings, whether proposedinitially or cumulatively, or a single nonresidential building on a lot or lots regardless ofthe number of occupants or tenure; or

(2) The division or allocation of land or space, whether initially or cumulatively, betweenor among two or more existing or prospective occupants by means of, or for thepurpose of streets, common areas, leaseholds, condominiums, building groups or otherfeatures.

B. A subdivision of land.

LANDOWNERThe legal, beneficial, equitable owner or owners of land, including the holder of an option orcontract to purchase (whether or not such option or contract is subject to any conditions), alessee (if he/she is authorized under the lease to exercise the rights of the landowner) or anotherperson having a proprietary interest in land.

LANDSCAPE ARCHITECTA landscape architect registered by the Commonwealth of Pennsylvania.

LATERALA utility line between a utility easement and the building which the line serves.

LOCAL STREETSee "street, local street."

LOTAny parcel or tract of land intended as a single unit for purposes of ownership, transfer ofownership, use, rent, improvement or development. The word "lot" includes the word "plot,""parcel" or "tract." Contiguous nonconforming lots of record under single and separate ownershipshall be considered one lot for the purposes of this chapter. A lot as herein defined may or maynot coincide with a lot of record.

A. LOT, CORNER — A lot which has an interior angle of less than 135° at the intersection oftwo street lines. A lot abutting upon a curved street shall be considered a corner lot if the

tangents to the curve at the points of intersection of the side lot lines with the street lineintersect at an interior angle of less than 135°. Corner lots shall have two front yards, one sideand one rear yard.

B. LOT, FLAG — A lot whose frontage does not satisfy the minimum width requirements forthe respective zone but that does have sufficient lot width away from the lot's frontage.

C. LOT, INTERIOR — A lot other than a corner lot, the sides of which do not abut a street.

D. LOT, THROUGH or DOUBLE or REVERSE FRONTAGE — An interior lot having frontageon two parallel or approximately parallel streets.

LOT ADD-ON PLANSee "plan, lot add-on plan."

LOT AREAThe area contained within the property lines of the individual parcel of land, excluding any areawithin the street right-of-way, but including the area of any utility easement.

LOT DEPTHThe horizontal distance measured between the street right-of-way line and the closest rearproperty line. On corner and reverse frontage lots, the depth shall be measured from the streetright-of-way line of the street of address to the directly opposite property line.

LOT FRONTAGEThat side of a lot abutting on the street right-of-way and regarded as the front of the lot.

LOT LINE MARKERA metal plate or pin used to identify lot line intersections.

LOT WIDTHThe horizontal distance measured between side property lines. On corner lots, lot width shall bemeasured between the right-of-way line for the non-address street and the directly oppositeproperty line. Unless otherwise noted, lot width shall be measured at the building setback line andthe street frontage.

MARGINAL ACCESS STREETSee "street, marginal access street."

MOBILE HOMEA 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 beingseparated for repeated towing, which arrives at a site complete and ready for occupancy exceptfor minor and incidental unpacking and assembly operations, and constructed so that it may beused without a permanent foundation.

MOBILE HOME LOTA parcel of land in a mobile home park, improved with the necessary utility connections and otherappurtenances necessary for the erection 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 containstwo or more mobile home lots for the placement thereon of mobile homes.

MONUMENTA concrete or stone monument used to identify street line intersections.

MUNICIPALITIES PLANNING CODEThe Pennsylvania Municipalities Planning Code, Act of July 31, 1968, P.L. 805, No. 247, as amendedand reenacted by Act 170 of 1988, 53 P.S. § 10101 et seq., and as further amended.

NONRESIDENTIALAny use other than single or multifamily dwellings. An institutional use in which persons may resideincluding, but not limited to, dormitories, nursing homes or hospitals, shall be considered anonresidential use.

OFFICIAL MAPAn official map prepared in accordance with Article IV of the Municipalities Planning Code.

ORDINANCEThe Warwick Township Subdivision and Land Development Ordinance of 1996 (this chapter).

PADOTSee "Department of Transportation."

PARCELSee "lot."

PEDESTRIAN WAYA right-of-way, publicly or privately owned, intended for pedestrian traffic.

PERFORMANCE GUARANTEEAny security which may be accepted in lieu of a requirement that certain improvements be madeprior to final plan approval.

PLANA. FINAL PLAN — A complete and exact subdivision and/or land development plan, includingall supplementary data specified in § 285-12 of this chapter.

B. IMPROVEMENT CONSTRUCTION PLAN — A complete and exact subdivision and/or landdevelopment plan, prepared in accordance with § 285-7G of this chapter, the sole purpose ofwhich is to permit the construction of only those improvements required by this chapter as analternative to guaranteeing the completion of those improvements by a corporate bond orother security.

C. LOT ADD-ON PLAN — A complete and exact subdivision plan including all supplementarydata specified in § 285-13 of this chapter.

D. PRELIMINARY PLAN — A subdivision and/or land development plan including all requiredsupplementary data specified in § 285-11 of this chapter showing approximate locations.

E. RECORD PLAN — A final plan which contains the original endorsement of the Township,the Warwick Township Planning Commission and the Lancaster County Planning Commissionwhich is intended to be recorded with the Lancaster County Recorder of Deeds.

F. SKETCH PLAN — An informal plan, not necessarily to exact scale, indicating salient existingfeatures of a tract and its surroundings, with the general layout of a proposal prepared inaccordance with § 285-10 of this chapter.

PLANNED RESIDENTIAL DEVELOPMENTAn area of land, controlled by a landowner, to be developed as a single entity for a number ofdwelling units, for which the development plan does not correspond in lot size, bulk, or type ofdwelling, density, lot coverage and required open space to the regulations established in any oneresidential district created, from time to time, under the provisions of Chapter 340, Zoning, asprovided for through Article VII of the Municipalities Planning Code.

PRELIMINARY PLANSee "plan, preliminary plan."

RECORD PLANSee "plan, record plan."

RECREATION AREAThe amount of land in any given subdivision or land development that shall be dedicated forrecreation use and/or open space purposes.

RIGHT-OF-WAYThe total width of any land reserved or dedicated as a street, alley, pedestrian way or for otherpublic or private use.

RUNOFFThe surface water discharge and rate of discharge of a given watershed after a full rain or snowthat does not enter the soil but runs off the surface of the land.

SECRETARYSecretary of the Township of Warwick.

SEDIMENTATIONThe process by which soil or other surface material is accumulated or deposited by wind, water orgravity.

SERVICE STREETSee "street, service street (alley)."

SETBACK LINESee "building setback line."

SIGHT DISTANCEThe length of road visible to the driver of a passenger vehicle at any given point in the road whenviewing is unobstructed by traffic.

SKETCH PLAN

See "plan, sketch plan."

SOIL SURVEY REPORTThe most recent edition of the Soil Survey of Lancaster County, Pennsylvania, published by the U.S.Department of Agriculture, Soil Conservation Service.

STORM DRAINAGE PLANA plan showing all present and proposed grades and facilities for stormwater drainage.

STREETA strip of land, including the entire right-of-way, publicly or privately owned, serving primarily as ameans of vehicular and pedestrian travel and furnishing access to abutting properties, which mayalso be used to provide space for sewers, public utilities, shade trees and sidewalks. Streets shallconform to one of the following categories:

A. ARTERIAL STREET — A street which provides for intercommunity travel, connectingpopulation centers and carrying large volumes of traffic at speeds higher than desirable onlocal streets.

B. COLLECTOR STREET — A street which provides access to a residential land use with adensity in excess of four dwelling units per acre, an industrial land use or a commercial land useand/or serves as the main entrance or circulation street in any development.

C. SPECIAL COLLECTOR STREET — A collector street which minimizes access points,permits no on-street parking, eliminates or minimizes driveways.

D. LOCAL STREET — A street which provides access to a residential land use with a density offour or less dwelling units per acre or an institutional land use.

E. MARGINAL ACCESS STREET — A minor street one side of which is parallel and in closeproximity to a major street and the other side of which provides access to abutting properties.

F. SERVICE STREET (ALLEY) — A strip of land over which there is a publicly or privatelyowned right-of-way, and on which no parcel fronts, which provides the secondary means ofaccess for two or more properties.

STREET LINE (RIGHT-OF-WAY LINE)A line defining the edge of a street right-of-way and separating the street from abutting propertyor lots. The street line shall be the same as the legal right-of-way line currently in existence.

STREET, PRIVATEA street not offered for dedication or whose dedication was not accepted by the Township.

SUBDIVISIONThe division or redivision of a lot, tract or parcel or other divisions of land including changes inexisting lot lines for the purpose, whether immediate or future, of lease, partition by the court fordistribution 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 than10 acres, not involving any new street or easement of access or any residential dwelling, shall beexempted.

SUPERVISORS, or TOWNSHIP SUPERVISORS

The Board of Supervisors of Warwick Township.

SURVEYORA surveyor registered in the Commonwealth of Pennsylvania.

SWALEA wide shallow ditch which gathers or carries surface water.

TOWNSHIPWarwick Township, Lancaster County, Pennsylvania.

TOWNSHIP PLANNING COMMISSIONThe Warwick Township Planning Commission.

TRACTSee "lot."

TRAVEL TRAILERA portable, vehicular structure built on a chassis designed as a temporary dwelling for travel,recreation, vacation and other short term use.

TRIP (VEHICULAR)A single or one direction vehicle movement with either the origin or the destination (exiting orentering) inside the study site.

UNIT OF OCCUPANCY (see also " DWELLING UNIT" )A unit, the use of which is not subordinate or customarily incidental to a principal unit. A unit ofoccupancy can be either residential or nonresidential and can be an independent unit within astructure or a separate detached structure. Types of units are as follows:

A. SINGLE DETACHED UNIT — A unit that is completely surrounded by open space.

B. SEMIDETACHED UNIT — A unit within a structure in which two units are side by side,each having open space on three sides (e.g., a twin or semidetached dwelling).

C. HORIZONTALLY ATTACHED UNIT — A unit within a structure in which three or moreunits are attached by vertical walls and do not have horizontal divisions between units (e.g.,townhouses, rowhouses, shopping center with multiple storefronts).

D. VERTICALLY ATTACHED UNIT — A unit within a structure in which two or more unitsare attached by horizontal divisions (e.g., multistory apartment building or multistory officebuilding).

URBAN GROWTH BOUNDARY (UGB)A boundary line identified upon the future land use map within the Warwick TownshipComprehensive Plan (dated August 1993, as amended) which delineates the extent to whichplanned urban land uses (e.g., homes, businesses, industries and civic uses) are provided for withinthe time frame of the Comprehensive Plan. Areas within the UGB will be provided with publicutilities and services. By contrast areas beyond the UGB represent locations in which the rurallandscape (e.g., farms, rural homes, other related rural uses and open spaces) will be largelypreserved.

WAIVERA process for alleviating specific requirements imposed by this chapter and provided under §§ 285-51 and 285-7I of this chapter.

WARWICK TOWNSHIP SUBDIVISION AND LAND DEVELOPMENT ORDINANCESee "ordinance."

WATERCOURSEA permanent or intermittent stream, river, brook, creek, channel or swale, whether natural or man-made, for gathering or carrying surface water.

WATERSHEDAll land and water within the confines of a drainage basin.

WETLANDSArea with the characteristics of wetland, as defined by the U.S. Environmental Protection Agency,U.S. Army Corps of Engineers, Pennsylvania Department of Environmental Protection and the U.S.Soil Conservation Service. Wetland areas are not limited to the locations delineated on wetlandmaps prepared by the U.S. Fish and Wildlife Service.

ZONING ORDINANCEThe Warwick Township Zoning Ordinance of 1993, as amended (Chapter 340).

Article III. Plan Processing Procedures

§ 285-7. Plan processing procedures.

A. The procedures set forth in this section shall be followed for all applications. The WarwickTownship Board of Supervisors has established specific documentation requirements anddeadlines for sketch, preliminary or final plan review. These specifications apply to both theTownship Planning Commission and Board of Supervisors before either body considers aplan.

(1) Any and all documentation that is part of a plan submission must be submitted in thefollowing manner: any original material to be reviewed by the Township Engineer mustbe submitted a minimum of 14 days prior to Planning Commission and Board ofSupervisors meetings. Any follow-up material or information submitted directly to thePlanning Commission or Board of Supervisors must be submitted seven days prior to themeeting. Documentation submitted after this deadline will not be considered until thenext following meeting date. If plan documentation is insufficient, or the TownshipEngineer review is not completed as determined by the Township Manager, the plan willnot be placed on a meeting agenda for review.

(2) The Board of Supervisors regularly amends the fee schedule for submittals. A copy of theresolution containing the current fee schedule is available from the Township.

(3) The consultant is responsible to confirm the recording of any approved plan to theTownship. This should be done by submitting a copy of the receipt from the Recorder of

Deeds Office to the Township Office. Until this submittal is received, the Township willnot confirm that the plan has been properly recorded.

(4) The following documentation requirements are not to be considered a complete list ofthe information that may be required by plan submission. (The purpose of this list is toserve as a guideline to some of the documentation requirements that may be requiredfor a plan review):

(a) Planning Commission review:

[1] Lancaster County Planning Commission review comments.

[2] Township Engineer review comments.

[3] Authority review comments.

[4] Lancaster County Conservation District review comments.

[5] Sewage facilities planning module approval.

[6] Postmaster review comments.

[7] Easement agreements.

[8] Wetland study.

[9] Historical study.

[10] Stormwater management report.

[11] Traffic study.

[12] Developer's written response to any of the above items.

(b) Board of Supervisors review:

[1] All documentation required by the Township Planning Commission.

[2] Favorable review by the Township Engineer indicating that the plan meets therequirements established by this chapter and the issues raised by the CountyPlanning Commission have been addressed.

[3] Any legal issues reviewed and approved by the Township Solicitor.

[4] Authority final plan approval and confirmation that all guarantees have beenestablished.

[5] Construction cost estimates are to be submitted for public improvements andmust be approved by the Township Engineer and Authority engineer prior toestablishing the amount to be held in a letter of credit.

[6] Land development agreement is submitted.

[7] Letter of credit is submitted.

[8] Stormwater easement agreement is submitted for recordation.

[9] Park and recreation fees and any other fees are paid.

[10] Escrow amount is submitted.

(5) Waiver requests will be considered as indicated herein.

(6) Conditional approval will not generally be considered by the Board of Supervisors.

(7) Requests for an extension of time to complete plan approval must be submitted on theTownship's form.

Any plan submission that does not follow this policy or request appropriateextensions of time may result in disapproval of the plan.

B. Sketch plans. It is recommended that applicants submit sketch plans when the proposedsubdivision or land development exceeds 20 residential lots or dwelling units ornonresidential subdivisions or land developments proposing a building or buildingscontaining in excess of 1,000 square feet of commercial or industrial space and whenever aproposed street system layout may affect the future development of adjoining lands. TheTownship encourages the submission of sketch plans and promotes applicants to work withthe Township in order to achieve developments which are harmonious with the surroundingneighborhood and with the Township's Comprehensive Plan and will enable the propercoordination and provision of services and amenities within the Township.

(1) Application requirements. Prior to formal application for approval of a plan, an applicantmay submit a sketch plan. Applicants shall submit six copies of any sketch plan plus anyapplicable filing fee.

(2) Plan requirements. Sketch plans shall be prepared in conformance with § 285-10 of thischapter.

(3) Distribution. The Township shall distribute two copies of the sketch plan to the TownshipSecretary and one copy to the Township Planning Commission Secretary.

(4) Township action. The Township Planning Commission shall discuss sketch plans with theapplicant and shall convey its reactions and recommendations to the applicant. Sketchplans shall not be subject to approval or disapproval of the Township PlanningCommission or Board of Supervisors as such plan submissions are optional and are forthe benefit of the applicant.

C. Preliminary plan application. With the exceptions noted in Subsection H of this section, apreliminary plan is required for all applications which propose new streets, all landdevelopment plans, as defined in § 285-6 , and subdivision plans of 10 or more lots. All otherplans may be submitted as final plans in accordance with Subsection D , below. Preliminaryplans may be filed with the Township on any business day. In addition to submission with theTownship, it is required that a full set of plans be concurrently submitted by the applicant to

the appropriate officials of the County Planning Commission for the information of suchofficials as provided in § 285-8 of this chapter. It shall be the applicant's responsibility tosubmit any subsequent sets of plans to the County Planning Commission if substantialrevisions are made to the plans or any supportive information related to the plans.

(1) Application requirements.

(a) All preliminary plan applications shall include the following:

[1] Six copies of the preliminary plan. All plans shall be either black on white or blueon white paper prints.

[2] Two copies of all reports, notifications and certifications which are not providedon the preliminary plan.

[3] One application form (Appendix 12 Editor's Note: Appendix 12 is located at the end of

this chapter. ).

[4] Filing fee (see Chapter A350, the Township Fee Schedule).

[5] Authority's plan review fee if either public sewer or public water are proposed.

(b) A preliminary plan application shall be accompanied by all required plans anddocuments and the required filing fee. The Township Secretary shall have seven daysfrom the date of submission of an application to check the plans and documents todetermine if on their face they are in proper form and contain all of the informationrequired by this chapter. If defective, the application may be returned to theapplicant with a statement that the application is incomplete within the seven-dayperiod; otherwise the application shall be deemed accepted for filing as of the dateof submission. Acceptance shall not, however, constitute a waiver of any deficienciesor irregularities. The applicant may appeal a decision by the Township Secretaryunder this section to the Board of Supervisors in accordance with § 285-52B of thischapter.

(2) Plan requirements. All preliminary plans shall be prepared in accordance with therequirements of Article IV of this chapter.

(3) Distribution.

(a) The Township shall distribute copies of the preliminary plan as follows:

[1] Township Secretary: one copy.

[2] Township Planning Commission Secretary: one copy.

[3] Authority: two copies.

[4] Township Engineer: one copy.

[5] Township Solicitor: one copy.

(b) The Township shall also notify the landowner, applicant, firm that prepared the plan,Department of Environmental Protection and the Warwick School District of thefiling of the plan.

(4) Township action. The Township Planning Commission shall review the preliminary planapplication and make recommendations to the Board of Supervisors. Before making itsrecommendation, the Township Planning Commission shall consider therecommendations of the County Planning Commission and the Authority; provided,however, that if no written comments are received from the County PlanningCommission or Authority within 30 days of the filing of the application, the TownshipPlanning Commission may proceed without such recommendations. The Board ofSupervisors shall schedule the preliminary plan application for action at a public meetingwithin such time limits as set forth in Article V of the Municipalities Planning Code orsuch written extensions of time in which to consider the plan as have been granted bythe applicant.

(5) Notification of Township action.

(a) Within 15 days after the meeting at which the preliminary plan is reviewed by theBoard of Supervisors, the Township Secretary shall send written notice of theTownship's action to the following individuals:

[1] Landowner or his agent.

[2] Applicant.

[3] Firm that prepared the plan.

[4] Township Planning Commission Secretary.

[5] Authority.

[6] Township Engineer.

[7] Township Solicitor.

[8] County Planning Commission.

(b) The Board of Supervisors may approve the preliminary plan, in whole or in part, ormay approve the preliminary plan subject to conditions, or may disapprove thepreliminary plan.

(c) If the preliminary plan is approved subject to conditions, the applicant shall eitherpersonally at a public meeting or in writing approve or reject such conditions withinfive days of, either personally or in writing, receiving notice of such conditions. Forpurposes of this subsection, notice to a person presenting the plan on behalf of theapplicant, whether such person is the applicant himself, a relative of the applicant, anofficer of the applicant, an attorney, a surveyor, an engineer or otherwise, shall benotice to the applicant; and such person presenting the plan on behalf of theapplicant shall be deemed to have authority to, on behalf of applicant, accept orreject such conditions. The failure to accept or reject such conditions within the five

-day period shall be considered to be a rejection of the same and conditionalapproval by the Board of Supervisors shall be automatically revoked. The applicantshall be notified in writing within 10 days following the expiration of the five-dayperiod of the plan rejection; provided, however, that failure to notify the applicant ofsuch plan rejection shall not constitute a deemed approval.

(d) If the application is disapproved, the Township shall notify the applicant, in writing, ofthe defects in the application and shall identify requirements which have not beenmet, through citing the provisions of the statute or ordinance relied upon.

(6) Compliance with Township action. If the Township conditions its preliminary planapproval upon receipt of additional information, changes and/or notifications, such datashall be submitted and/or alterations noted on two copies of the plan to be submitted tothe Township for approval by the Township Planning Commission.

(7) Township approval and certification.

(a) The Township will acknowledge the satisfactory compliance with all conditions, if any,of the preliminary plan approval at a regularly scheduled public meeting. Additionally,at the option of the applicant, after receipt of preliminary plan approval andcompliance with all conditions of approval, a preliminary plan, which shall be anontransparent paper print with blue or black lines, may be presented to theTownship for acknowledgment through a formal statement on the plan. (SeeAppendix 6 Editor's Note: Appendix 6 is located at the end of this chapter. ).

(b) Approval of a preliminary application shall constitute approval of the proposedsubdivision and/or land development as to the character and intensity ofdevelopment and the general arrangement of streets, lots, structures and otherplanned facilities, but shall not constitute final plan approval. The preliminary planmay not be recorded in the office of the Lancaster County Recorder of Deeds.

(c) Preliminary plan approval will be effective for a three-year period from the date ofthe Township's approval of the preliminary plan application; therefore, final plan orimprovement construction plan applications for the entire project must be madewithin three years of preliminary plan approval unless the Township grants a waiverby extending the effective time period of the approval.

D. Final plan application. An application for final plan approval can be submitted only after thefollowing, when required as noted, have been completed:

(1) The receipt of an unconditional preliminary plan approval in accordance with SubsectionC of this section, when a preliminary plan approval is required.

(2) The completion of the improvements required by this chapter in accordance with theimprovement construction plan procedure stated in Subsection G of this section, whenthe improvements are not assured by the kind of guarantees provided in § 285-16 of thischapter.

Final plans may be filed with the Township on any business day. In additionto the submission with the Township, it is required that a full set of plans be

concurrently submitted by the applicant to the appropriate officials of theCounty Planning Commission for the information of such officials asprovided in § 285-8 of this chapter. It shall be the applicant's responsibilityto submit any subsequent sets of plans to the County Planning Commissionif substantial revisions are made to the plans or any supportive informationrelated to the plans. The final plan may be submitted in sections, eachsection covering a reasonable portion of the entire proposed subdivision asshown on the approved preliminary plan. The Township may accept a finalplan modified to reflect a change to the site or its surroundings whichoccurs after the preliminary plan review. The Township shall determinewhether a modified final plan will be accepted or whether a new preliminaryplan shall be submitted.


(a) All final plan applications shall include the following:

[1] Six copies of the final plan. All plans shall be either black on white or blue onwhite paper prints.

[2] Two copies of all reports, notifications and certifications which are not providedon the plan.

[3] One application form (see Appendix 12 Editor's Note: Appendix 12 is located at the

end of this chapter. ).


[5] Authority's plan review fee if either public sewer service or public water service isproposed and a preliminary plan was not submitted.

[6] One copy of all applicable supplementary data, notices and certificates requiredin § 285-12D and E of this chapter.

[7] Two copies of the Pennsylvania Department of Transportation highwayoccupancy permit drawings where access to a state street, road or highway isproposed.

(b) A final plan application shall be accompanied by all required plans and documentsand the required filing fee. The Township Secretary shall have seven days from thedate of submission of an application to check the plans and documents to determineif on their face they are in proper form and contain all of the information requiredby this chapter. If defective, the application may be returned to the applicant with astatement that the application is incomplete within the seven-day period; otherwisethe application shall be deemed accepted for filing as of the date of submission.Acceptance shall not, however, constitute a waiver of any deficiencies orirregularities. The applicant may appeal the decision by the Township Secretaryunder this section to the Board of Supervisors in accordance with § 285-52B of thischapter.

(4) Plan requirements. All final plans shall be prepared in accordance with the requirementsof Article IV of this chapter.

(5) Distribution.

(a) The Township shall distribute copies of the final plan as follows:







(6) Township action. The Township Planning Commission shall review the final planapplication and make recommendations to the Board of Supervisors. Before making itsrecommendations, the Township Planning Commission shall consider therecommendations of the County Planning Commission and the Authority; provided,however, that if no written comments are received from the County PlanningCommission or Authority within 30 days of the filing of the application, the TownshipPlanning Commission may proceed without such recommendations. The Board ofSupervisors shall schedule the final plan application for action at a public meeting withinsuch time limits as set forth in Article V of the Municipalities Planning Code or suchwritten extensions of time in which to consider the plan as have been granted by theapplicant.


(a) Within 15 days after the meeting at which the final plan is reviewed by the Board ofSupervisors, the Township Secretary shall send written notice of the Township'saction to the following individuals:


[2] Applicant.



[5] Authority.




[9] Recorder of deeds in and for the County of Lancaster.

(b) The Board of Supervisors may approve the final plan, in whole or in part, or mayapprove the final plan subject to conditions, or may disapprove the final plan.

(c) If the final plan is approved subject to conditions, the applicant shall either personallyat a public meeting or in writing approve or reject such conditions within five daysof, either personally or in writing, receiving notice of such conditions. For purposesof this subsection, notice to a person presenting the plan on behalf of the applicantwhether such person is the applicant himself, a relative of the applicant, an officer ofthe applicant, an attorney, a surveyor, an engineer or otherwise, shall be notice tothe applicant, and such person presenting the plan on behalf of the applicant shall bedeemed to have authority to, on behalf of applicant, accept or reject suchconditions. The failure to accept or reject such conditions within the five-day periodshall be considered to be a rejection of the same and conditional approval by theBoard of Supervisors shall be automatically revoked. The applicant shall be notifiedin writing within 10 days following the expiration of the five-day period of the planrejection. Provided, however, that failure to notify the applicant of such planrejection shall not constitute a deemed approval.

(d) If the application is disapproved, the Township shall notify the applicant, in writing, ofthe defects in the application and shall identify requirements which have not beenmet, through citing the provisions of the statute or ordinance relied upon.

(8) Compliance with Township action. If the Township conditions its final plan approval uponreceipt of additional information, changes and/or notifications, such data shall besubmitted and/or alterations noted on two copies of the plan to be submitted to theTownship for approval by the Township Planning Commission.

E. Final plan certification. After the Township's approval of the final plan and the requiredchanges, if any, are made, the applicant shall proceed to prepare two sets of final plans whichshall be either: (A) black ink on tracing cloth; or (B) transparent reproductions on plasticbase film and one set of final plans which shall be a paper copy for the Township's files. Thetwo transparent copies of the final plan shall be certified in the following manner:

(1) Planning Commission signatures.

(a) Both final plans shall be signed by the Lancaster County Planning Commission,certifying that the Lancaster County Planning Commission has received andreviewed a copy of the plan (see Appendix 10 Editor's Note: Appendix 10 is located at

the end of this chapter. ).

(b) Both final plans shall be signed by the Township Planning Commission certifying thatthe Township Planning Commission has received and reviewed a copy of the plan(see Appendix 18 Editor's Note: Appendix 18 is located at the end of this chapter. ).

(2) Following the Lancaster County Planning Commission and the Township PlanningCommission signature, both final plans shall be presented to the Township for the

signature of the Chairman and Secretary or their designees. (See Appendix 8 Editor's

Note: Appendix 8 is located at the end of this chapter. .) Final plans will not be signed by theTownship if submitted more than 90 days from the Township's final approval actionunless the Township grants a waiver by extending the effective time period of theapproval.

F. Final plan recordation. Upon approval and certification of a final plan, the applicant shallrecord the plan in the office of the Lancaster County Recorder of Deeds. Should theapplicant fail to record the final plan within 90 days of the Township's final plan approval, theTownship action on the plan shall be null and void unless the Township grants a waiver byextending the effective time period of the approval.

(1) The final plan shall be filed with the Lancaster County Recorder of Deeds beforeproceeding with the sale of lots.

(2) The final plan shall be filed with the Lancaster County Recorder of Deeds beforeproceeding with the construction of any improvement except as provided for inSubsection G of this section.

(3) No subdivision or land development plan may be recorded unless it bears theendorsement of this Township.

(4) Recording the final plan, after approval of the Township, shall have the effect of anirrevocable offer to dedicate all streets and other areas designated for public use, unlessreserved by the landowner as provided in Subsection F(5) , below, of this section.However, the approval of the Township shall not impose any duty upon thecommonwealth, Lancaster County or the Township concerning acceptance,maintenance or improvement of any such dedicated areas or portion of same until theproper authorities of the commonwealth, Lancaster County or the Township actuallyaccept same by ordinance or resolution or by entry, use or improvement.

(5) The landowner may place a notation on the final plan to the effect that there is no offerof dedication to the public of certain designated areas, in which event the title to suchareas shall remain with the owner, and the commonwealth, Lancaster County and theTownship shall assume no right to accept ownership or right-of-way.

G. Improvement construction plan. The procedures set forth in this section shall apply as analternative to the guaranteeing of improvements through a corporate bond or othersecurity. An applicant whose improvement construction plan is approved under this sectionis permitted to install all or part of the improvements required by this chapter prior to finalplan submission.

(1) Improvement construction plan application. After an applicant has received officialnotification that the preliminary plan has been approved and the required changes, ifany, have been made, an application may be processed for an improvement constructionplan.

(a) Improvement construction plans may be filed with the Township on any working day.

(b) The improvement construction plan may be submitted in sections, each sectioncovering a reasonable portion of the entire proposed subdivision as shown on theapproved preliminary plan.

(c) The Township may accept an improvement construction plan modified to reflect achange to the site or its surroundings which occurs after the preliminary plan review.The Township shall determine when a modification will require a revised preliminaryplan.


(a) All improvement construction plan applications shall include the following:

[1] Six copies of the improvement construction plan. All plans shall be either black onwhite or blue on white paper prints.

[2] Two copies of all reports, notifications and certifications which are not providedon the improvement construction plan.

[3] One application form (see Appendix 12 Editor's Note: Appendix 12 is located at the

end of this chapter. ).


[5] One copy of all applicable supplementary data, notices and certificates requiredin § 285-12D and E of this chapter.

(b) An improvement construction plan application shall be accompanied by all requiredplans and documents and the required filing fee. The Township Secretary shall haveseven days from the date of submission of an application to check the plans anddocuments to determine if on their face they are in proper form and contain all ofthe information required by this chapter. If defective, the application may bereturned to the applicant with a statement that the application is incomplete withinthe seven-day period; otherwise, the application shall be deemed accepted for filingas of the date of submission. Acceptance shall not, however, constitute a waiver ofany deficiencies or irregularities. The applicant may appeal a decision by theTownship Secretary under this section to the Board of Supervisors in accordancewith § 285-52B of this chapter.

(3) Plan requirements. All improvement construction plans shall be prepared in conformancewith the provisions of § 285-12 of this chapter, with the exceptions of § 285-12E(3) , (5) ,(7) , (9) and (11) .

(4) Distribution.

(a) The Township shall distribute copies of the improvement construction plan asfollows:







(5) Township action. The Township Planning Commission shall review the improvementconstruction plan application and make recommendations to the Board of Supervisors.Before making its recommendations, the Township Planning Commission shall considerthe recommendations of the County Planning Commission and the Authority; provided,however, that if no written comments are received from the County PlanningCommission or Authority within 30 days of the filing of the application, the TownshipPlanning Commission may proceed without such recommendations. The Board ofSupervisors shall schedule the improvement construction plan application for actionwithin such time limits as set forth in Article V of the Municipalities Planning Code orsuch written extensions of time in which to consider the plan as have been granted bythe applicant.


(a) Within 15 days after the meeting at which the improvement construction plan isreviewed by the Board of Supervisors, the Township Secretary shall send writtennotice of the Township's action to the following individuals:


[2] Applicant.



[5] Authority.




(b) The Board of Supervisors may approve the improvement construction plan, in wholeor in part, or may approve the improvement construction plan subject to conditions,or may disapprove the improvement construction plan.

(c) If the improvement construction plan is approved subject to conditions, theapplicant shall either personally at a public meeting or in writing approve or rejectsuch conditions within five days of, either personally or in writing, receiving notice of

such conditions. For purposes of this subsection, notice to a person presenting theplan on behalf of the applicant, whether such person is the applicant himself, arelative of the applicant, an officer of the applicant, an attorney, a surveyor, anengineer or otherwise, shall be notice to the applicant, and such person presentingthe plan on behalf of the applicant shall be deemed to have authority to, on behalf ofapplicant, accept or reject such conditions. The failure to accept or reject suchconditions within the five-day period shall be considered to be a rejection of thesame and conditional approval by the Board of Supervisors shall be automaticallyrevoked. The applicant shall be notified in writing within 10 days following theexpiration of the five-day period of the plan rejection. Provided, however, that failureto notify the applicant of such plan rejection shall not constitute a deemed approval.

(d) If the application is disapproved, the Township shall notify the applicant, in writing, ofthe defects in the application and shall identify requirements which have been met,through citing the provisions of the statute or ordinance relied upon.

(7) Compliance with Township action. If the Township conditions improvement constructionplan approval upon receipt of additional information, changes and/or notification, suchdata shall be submitted and/or alterations noted on two copies of the plan to besubmitted to the Township for approval by the Township Planning Commission.

(8) Improvement construction plan certification and construction authorization.

(a) After the Township's approval of the improvement construction plan and therequired changes, if any, are made, the applicant shall proceed to prepare two planswhich shall be nontransparent paper prints with blue or black lines. These plans shallbe presented to the Township for the signature of the Chairman and Secretary ortheir designees. (See Appendix 7 Editor's Note: Appendix 7 is located at the end of this

chapter. .) Improvement construction plans will not be signed by the Township ifsubmitted more than 90 days from the Township's approval action unless theTownship grants a waiver by extending the effective time period of the approval.

(b) Approval and certification of an improvement construction plan shall not constitutefinal plan approval of the proposal, nor shall this plan be recorded with the LancasterCounty Recorder of Deeds, but shall, when combined with the necessary Townshipand/or commonwealth approvals and permits, grant the authority to install theimprovements required as part of this chapter.

(c) Following the Township's certification of the improvement construction plan, onecopy of the plan shall be retained by the Township and the remaining copy will beavailable to the firm which prepared the plan.

(d) Improvement construction plan approval will be effective for a five-year period fromthe date of the Township's approval action. Construction must be completed and afinal plan application must be submitted within five years of the improvementconstruction plan approval, or else the plan approval will become null and voidunless the Township grants a waiver by extending the effective time period of theapproval.

(9) Completion of improvements. Upon completion of the improvements required by thischapter the applicant may proceed to submit a final plan and application which shallinclude a notice of approval of the improvements by the authority, if any, which is toaccept the improvement.

H. Plans exempted from standard procedures.

(1) Procedure for processing revised subdivision and/or land development plans.

(a) Any replatting or resubdivision, including changes to a recorded plan, shall beconsidered as a new application and shall comply with all requirements of thischapter, except that changes may be made to a recorded plan provided that inmaking such changes:

[1] The original application shall have been made for residential purposes, and theresidential character and use of the land shall be maintained.

[2] No lot or tract of land shall be created that does not meet the minimum designstandard required by this chapter and other applicable Township ordinances.

[3] No structure shall be relocated which does not meet the minimum designstandards required by this chapter and other applicable Township ordinances.

[4] No increase shall be made in overall density of the development.

[5] No easements, access drives, rights-of-way or stormwater management facilitiesshall be changed.

[6] No street locations, block sizes or point of access onto an existing Township orstate street shall be changed.

(b) In every case where a plan alteration conforms to the above, the applicant shall:

[1] Submit to the Township two black on white or blue on white paper copies of therevised final plan and one application form (see Appendix 12 Editor's Note:

Appendix 12 is located at the end of this chapter. ). Upon review of the revision, theTownship Secretary or the Township Zoning Officer shall notify the applicant inwriting whether or not the revision complies with the above requirements.

[2] If the revision complies, the applicant shall prepare two plans, which shall beeither black ink on tracing cloth or a transparent reproduction of the originalplan with black line on cloth or stable plastic base film and which shall specificallyidentify the alterations to the previously recorded plan.

[3] The applicant shall submit the plan to the Lancaster County PlanningCommission and the Township Planning Commission for certification asspecified in Subsection E(1) of this section and to the Township for signature asspecified in Subsection E(2) of this section. (See Appendices 8, 10 and 18.Editor's Note: Appendices 8, 10 and 18 are located at the end of this chapter. )

[4] The plan shall be recorded as specified in Subsection F of this section.

(2) Minor preliminary plans. In the case of: (a) any proposed land development plan involvingeight or fewer residential units housed in fewer than three principal structures; or (b) asubdivision plan of more than nine lots, neither of which requires provisions for a newstreet, the applicant may at his discretion concurrently submit preliminary and final plansfor action at the same Township meeting. All other plans shall be submitted inaccordance with Subsection C of this section.

(3) Procedure for processing a lot add-on.

(a) The lease, conveyance, sale or transfer of land for the sole purpose of increasing thelot size of an adjacent contiguous lot shall comply with the following lot add-onprocedure; provided, that the proposal does not alter a subdivision plan of record,create additional lots or result in a nonconformity with the design standards foundin Article VI of this chapter.

(b) In every case where a proposal conforms to the above, the application shall complywith the following procedures:

[1] Submit to the Township two black on white or blue on white paper copies of a lotadd-on plan prepared to the standards specified in § 285-13 of this chapter andone application form (see Appendix 12 Editor's Note: Appendix 12 is located at the

end of this chapter. ). Upon review of the revision, the Township will, in writing,advise the applicant whether or not the proposal qualifies as a lot add-on.

[2] If the plan qualifies, the applicant shall prepare two plans for recording, whichshall be either: (1) black ink on tracing cloth; or (2) a transparent reproduction ofthe original plan with black line on cloth or stable plastic base film, and one setof paper copies of the plan for the Township's files. The two transparent copiesof the plan shall be certified by the Township (see Appendix 9 Editor's Note:

Appendix 9 is located at the end of this chapter. ). The applicant shall record theplans with the Lancaster County Recorder of Deeds. These plans shall be filedwith the County Recorder of Deeds prior to the execution of a deed for the land.

(4) Lease, conveyance, sale or transfer of a parcel separated by an existing Township or statestreet. The lease, conveyance, sale or transfer of a parcel of land which is separated fromthe parent tract by an existing Township or state street where the parcel is describedand divided along the existing property lines and the street center line and where theparcels meet the minimum prevailing lot area requirements shall comply with thefollowing procedure:

(a) The applicant shall submit to the Township two black on white or blue on whitepaper copies of a plan prepared to the standards specified in § 285-12 of thischapter, one application form (see Appendix 12 Editor's Note: Appendix 12 is located at

the end of this chapter. ) and the required fee. Upon review of the plan, the Townshipwill, in writing, advise the applicant whether or not the proposal qualifies forprocessing under this section.

(b) If the plan qualifies, the applicant shall prepare two plans for recording, which shallbe either (a) black ink on tracing cloth; or (b) a transparent reproduction of theoriginal plan with black line on cloth or stable plastic base film and one set of paper

copies of the plan for the Township's files. The two transparent copies of the planshall be certified by the Township (see Appendix 9 Editor's Note: Appendix 9 is located

at the end of this chapter. ). The applicant shall record the plans with the LancasterCounty Recorder of Deeds. These plans should be filed with the County Recorder ofDeeds prior to the execution of a deed for the land.

(c) Any plan that qualifies shall be permitted to construct one single-family dwelling unitif none currently exists. Any additional proposed dwelling units or development ofthe tract shall result in the necessity to prepare and submit formal subdivision and/orland development plans to the Township in accordance with this chapter.

I. Procedure for requesting consideration of waiver of provisions of this chapter.

(1) Application requirements. All requests for waivers shall be made in accordance with thefollowing procedure:

(a) All requests for a waiver shall be made in writing and shall be made prior to or shallaccompany and be a part of the application for development. The request shall statein full the grounds and facts of unreasonableness or hardship on which the requestis based, the section or sections of this chapter which are requested to be waivedand the minimum modification necessary. The request shall be accompanied by aplan prepared at least to the minimum standards of a sketch plan (see § 285-10).

(b) Should a revision to a submitted plan require a waiver which was not apparent at thetime of initial plan submission, the request for a waiver shall be submitted inaccordance with Subsection I(1)(a) , above, at the time of submission of the revisedplan.

(c) Requests for waivers shall be considered by the Board of Supervisors at a publicmeeting which is at least seven days after the submission of the waiver request.

(2) Township action. The Board of Supervisors shall review the request to determine if theliteral compliance with any mandatory provision of this chapter is demonstrated by theapplicant to exact undue hardship because of peculiar conditions pertaining to the landin question; provided, that such modification will not be contrary to the public interestand that the purpose and intent of this chapter is observed. The applicant shalldemonstrate that an alternative proposal will allow for equal or better results andrepresents the minimum modification necessary. If the Board of Supervisors determinesthat the applicant has met his burden, it may grant a waiver from the literal compliancewith the terms of this chapter.


(a) After the meeting at which the waiver was reviewed by the Board of Supervisors, theTownship shall send notice of the Township's action to the following individuals:


[2] Applicant.



[5] Authority.



[8] Lancaster County Planning Commission.

(b) If the Township denies the request, the Township shall notify the applicant, in writing,of the reason for denial. If the Township grants the request, the final plan shallinclude a note which identifies the specific waiver as granted, including anyconditions attached thereto.

J. Multiple applications. The resources of the Township and the orderly administration of thischapter are unduly burdened by multiple and conflicting applications. Therefore, the sameapplicant may not submit multiple applications for approval of a subdivision or landdevelopment plan for the same property or a portion thereof involving the same land use. Ifan applicant desires to submit a new application, then the applicant must withdraw in writingany pending applications. In the event the applicant fails or refuses to withdraw any pendingapplications, the Board of Supervisors may deny the new application due to noncompliancewith this section.

§ 285-8. Procedures relating to review by County PlanningCommission.

Applicants shall comply with all plan processing procedures of the County Planning Commission. It isthe responsibility of the applicant to determine the requirements of the County Planning Commissionincluding, but not limited to, the number of copies of the plan which must be submitted and the filingfee.

A. Application requirements. All review requests shall be submitted by the applicant to theLancaster County Planning Commission and shall be accompanied by the following:

(1) Five copies of the plan and one additional copy for the Pennsylvania Department ofTransportation if the site abuts a state road.

(2) Two copies of all reports, notifications and certificates which are not provided on theplan.

(3) One review request (see Appendix 17 Editor's Note: Appendix 17 is located at the end of this

chapter. ) signed by the Township Secretary.

(4) Filing fee (see fee schedule available at the Lancaster County Planning Commission).

B. Distribution.

(1) The Commission shall distribute one copy of the plan to each of the following individuals:

(a) U.S. Post Office.

(b) Electric company.

(c) Telephone company.

(d) Pennsylvania Department of Transportation (if the subject application abuts a stateroad).

(e) Lancaster County Planning Commission (two copies).

(2) The Commission will also notify the Warwick School District of the filing of the plan.

C. Plan requirements. All plans shall be prepared in conformance with the prevailing regulationsof the Township and the legislation of the commonwealth.

D. Commission action.

(1) The Commission will evaluate the application based upon the applicable regulations andlegislation and sound planning principles and forward a review within 30 days, to thefollowing individuals:

(a) Township Secretary.

(b) Township Planning Commission Secretary.

(c) Township Solicitor.

(d) Township Engineer.

(e) Landowner or his agent.

(f) Applicant.

(g) Firm that prepared the plan.

(2) The Commission may perform this review at a scheduled public meeting or delegate tothe staff the authority to perform the evaluation and forward comments.

E. Commission certification. After completion of the Commission's review, a preliminary or finalplan may be presented to the Commission for signature. (See Appendix 10 Editor's Note:

Appendix 10 is located at the end of this chapter. .)

§ 285-9. Procedures for planned residential developments/plannedunit developments where a Township ordinance is in effect.

In the event the Township hereinafter enacts a Planned Residential Development Ordinance(PRD/PUD Ordinance) all applications shall be processed under the applicable Township PRD/PUDOrdinance and in accordance with Article VII of the Municipalities Planning Code.

Article IV. Information to be Shown on or Submitted With Subdivision andLand Development Plans

§ 285-10. Sketch plans.

The scale and sheet size of sketch plans shall be as required for preliminary plans in § 285-11A(1) and(4) . The sketch plan shall show or be accompanied by the following data, legible in every detail anddrawn to scale, but not necessarily containing precise dimensions:

A. Name and address of the developer (if applicable) and landowner.

B. Name of the individual and/or the firm that prepared the plan.

C. Location map with sufficient information to enable the Township to locate the property.

D. North arrow.

E. Written and graphic scales.

F. Existing tract boundaries accurately labeled with the name(s) of adjacent landowner(s),adjacent plan(s) of record and any utility easements.

G. Name of the municipality or municipalities in which the project is located, including thelocation of any municipal boundary line(s) if located within the vicinity of the tract.

H. Significant topographical and man-made features (e.g., bodies of water, quarries, floodplains,tree masses, structures, wetlands, steep slopes, etc.).

I. Proposed street, parking, building and lot layout.

J. Proposed land use; if several land uses are proposed, the location of each land use shall beindicated.

K. Statement explaining the methods of water supply and sewage disposal to be used.

L. A brief narrative of the project.

M. General location(s) and area(s) necessary for significant stormwater management facilities(e.g., detention or retention basins).

§ 285-11. Preliminary plans.

Preliminary subdivision plans shall be prepared by an engineer or a surveyor, and preliminary landdevelopment plans shall be prepared by an engineer, a surveyor or a landscape architect. If thepreliminary plan does not include the total land area held by the developer, a sketch plan shall besubmitted for all areas which could be available for future subdivision or land development. Thepreliminary plan shall show, be accompanied by or be prepared in accordance with the following:

A. Drafting standards.

(1) The plan shall be clearly and legibly drawn at a scale of 10 feet, 20 feet, 30 feet, 40 feet, 50feet, 60 feet, 80 feet or 100 feet to the inch.

(2) Dimensions and bearings for the perimeter property line of the parent tract onpreliminary plans and for the proposed property lines and street right-of-way lines onfinal plans shall be in feet and decimals and in degrees, minutes and seconds,respectively. Lot line description shall read in a clockwise direction.

(3) The survey shall not have an error of closure greater than one-foot in 10,000 feet.

(4) The sheet size shall be no smaller than 18 inches by 22 inches and no larger than 34inches by 44 inches. If the plan is prepared in two or more sections, a key map showingthe location of the sections shall be placed on each sheet. If more than one sheet isnecessary, each sheet shall be the same size and numbered to show the relationship tothe total number of sheets in the plan (e.g., Sheet one of five).

(5) Plans shall be legible in every detail.

(6) All street profiles as well as the design of sanitary sewer facilities, water supply facilitiesand stormwater drainage facilities shall be drawn at a horizontal scale of one inch equals50 feet and at a vertical scale of one inch equals 10 feet.

(7) The Authority may require drafting standards in addition to those set forth in thischapter. Plans required to be submitted to the Authority should be drawn to thestandards required by said Authority.

B. Location and identification.

(1) The proposed project name or identifying title.

(2) The municipality or municipalities in which the project is being located. (If the tract ofland is located in the vicinity of a municipal boundary line, the location of the boundaryshall be shown.)

(3) The name and address of the owner of the tract (or his authorized agent), thedeveloper/subdivider, and the firm that prepared the plans.

(4) The file or project number assigned by the firm that prepared the plan, the plan date, andthe date(s) of all plan revisions.

(5) A north arrow, a graphic scale and a written scale.

(6) The entire existing tract boundary with bearings and distances. (If a landowner is going toretain a single lot with a lot area in excess of 10 acres, the boundary of that lot may beidentified as a deed plotting and may be drawn at any legible scale; if the retained lot hasa lot area of 10 or less acres, it must be described to the accuracy requirements of thischapter.)

(7) The total acreage of the entire existing tract.

(8) The district and lot size and/or density requirements of Chapter 340, Zoning.

(9) The location of existing lot line markers along the perimeter of the entire existing tract.

(10) A location map, drawn to scale at a minimum of one inch equal to 2,000 feet, relatingthe subdivision to at least two intersections of road center lines, including theapproximate distance to the intersection of the center lines of the nearest improvedstreet intersection and the limits of any urban growth boundaries as identified in theComprehensive Plan (as amended).

C. Existing features.

(1) Existing contours at a minimum vertical interval of two feet for land with average naturalslope of 4% or less and at a minimum vertical interval of five feet for more steeplysloping land. Contours shall be accompanied by the location of the bench mark and anotation indicating the datum used. Contours plotted from the United States GeodeticSurvey will not be accepted.

(2) The names of all immediately adjacent landowners and the names and plan book recordnumbers of all previously recorded plans for adjacent projects.

(3) Within 200 feet of the subject tract, the location and names of all existing legal rights-of-way for public or private streets or drives, railroads, public or private sewer mains,aqueducts, water mains and feeders, fire hydrants, electric transmission lines, gastransmission lines, oil transmission lines, watercourses and other significant natural orman-made features.

(4) Within the subject tract, the locations, names and dimensions of existing streets andalleys, locations and sizes of existing sanitary sewers and storm drains, domestic waterlocations, locations and sizes of utilities, all buildings, floodplains, watercourses,approximate locations of all tree masses and acknowledgment of any wetlands or otherenvironmentally sensitive areas.

D. Plan information.

(1) The layout of streets, alleys and sidewalks, including cartway and right-of-way widths.

(2) The layout of lots, with approximate dimensions.

(3) Block and lot numbers in consecutive order (e.g., Block "A," Lots 1 through 10; Block "B,"Lots 11 through 22).

(4) In the case of land developments, the location and configuration of proposed buildings,parking compounds, streets, access drives, driveways and all other significant plannedfacilities, including any applicable dimensions of such to enable construction of theimprovements identified.

(5) Total number of lots, units of occupancy, density and proposed land use (if a multipleland use is proposed, an indication of the location of each land use).

(6) Existing and proposed easements, with dimensions and purpose identified.

(7) Building setback lines, with distances from the street right-of-way and property lines.

(8) Identification of buildings to be demolished or to remain.

(9) Typical street cross-section for each proposed street and typical cross-section for anyexisting street which will be improved as part of the application. Each cross-section shallinclude the entire right-of-way width and pavement materials, including section depths.

(10) Street center line profile, including all geometric data, for each proposed street shownon the preliminary plan.

(11) Preliminary design of any bridges, culverts, sanitary sewer facilities, water supply facilitiesand stormwater drainage facilities. In addition design calculations and constructiondetails shall be submitted as separate data or shown on the plans to support the designof the various facilities.

(12) A statement on the plan indicating whether the proposed use is a use that is permittedby special exception or conditional use, if any variances from the requirements of theZoning Chapter are required, or if any amendments to the Zoning Chapter are proposed.Copies of any decisions rendered by the Township Zoning Hearing Board or the Boardof Supervisors, as applicable, shall be submitted when the use proposed is a use that ispermitted by special exception or conditional use or if a variance has been granted.

(13) A statement on the plan indicating any existing or proposed waivers granted by theTownship.

(14) Proposed street names.

(15) An acknowledgment of the storm drainage certificate (see Appendix 4 Editor's Note:

Appendix 4 is located at the end of this chapter. ) and conformance with Chapter 270,Stormwater Management, required by § 285-33 of this chapter.

(16) Detailed layout and proposed features of any park area, open spaces or otherpublic/private recreational facilities.

(17) The location, size and type of proposed street trees which will be provided.

E. Certificates, notifications and reports.

(1) Where the preliminary plan covers only a part of the entire landholdings, a sketch of thefuture street system of the unsubmitted part shall be furnished. The street system of thesubmitted part will be considered in light of adjustments and connections with futurestreets in the part not submitted.

(2) Where the land included in the subject application has an electric transmission line, a gaspipeline or a petroleum or petroleum products transmission line located within the tract,the application shall be accompanied by a letter from the owner or lessee of such right-of-way stating any conditions on the use of the land and the minimum building setbackand/or right-of-way lines. This requirement may also be satisfied by submitting a copy ofthe recorded agreement.

(3) Certificate, signature and seal of the engineer, surveyor or landscape architect to theeffect that the survey and/or plan are correct. (See Appendix 3 Editor's Note: Appendix 3 is

located at the end of this chapter. .)

(4) (Optional) Certificate for approval by this Township. (See Appendix 6 Editor's Note:

Appendix 6 is located at the end of this chapter. .)

(5) All traffic studies and reports which may be required for a preliminary plan of the numberof dwelling units or nonresidential space contained in the plan by § 285-14 , Trafficimpact studies, herein.

(6) Where the plan indicates that water will be supplied through a means other than privatewells owned and maintained by the individual owners of lots, a copy of a certificate ofpublic convenience or an application for such certificate, a cooperative agreement or acommitment or agreement to serve the area in question, whichever is appropriate, fromthe entity which will provide the public water supply, shall be provided.

(7) Where the plan indicates that sanitary sewer service will be supplied through a meansother than a private treatment or disposal facility owned and operated by the individualor group owners of lots, a copy of a certificate of public convenience or an applicationfor such certificate, a cooperative agreement or a commitment or agreement to servethe area in question, whichever is appropriate, from the entity which will provide thepublic sanitary sewer disposal service, shall be provided.

(8) Where the land included in the subject application has the presence or potentialpresence of sensitive environmental areas (e.g., wetlands, historic structures, etc.), thenthe appropriate studies as required by any federal, state or local agencies (e.g., ArmyCorps of Engineers, Department of Environmental Protection, Pennsylvania Historicaland Museum Commission, etc.) which address the development impacts shall besubmitted.

(9) In the case of a preliminary plan calling for the phased installation of improvements, aschedule shall be filed delineating all proposed sections as well as deadlines within whichapplications for final plan approval of each section are intended to be filed. Each sectionin any residential subdivision or land development, except for the last section, shallcontain a minimum of 25% of the total number of dwelling units as depicted on thepreliminary plan unless the Board of Supervisors specifically approves a lesserpercentage for one or more of the sections.

F. Filing fee. The preliminary plan shall be accompanied by a check or money order drawn to theTownship in an amount specified on the fee schedule adopted by resolution of Board ofSupervisors and available at the Township office.

§ 285-12. Final plans.

Final subdivision plans shall be prepared by an engineer or a surveyor, and final land developmentplans shall be prepared by an engineer, a surveyor or a landscape architect. The final plan shall show,be accompanied by or prepared in accordance with the following:

A. Drafting standards. The same standards shall be required for a final plan as specified for apreliminary plan in § 285-11A of this chapter. If a sketch plan or a preliminary plan has notbeen submitted of the total land area held by the developer, a sketch plan shall be submittedfor all areas which could be available for future subdivision or land development.

B. Location and identification. The same standards shall be required for a final plan as specifiedfor a preliminary plan in § 285-11B of this chapter.

C. Existing features.

(1) Existing contours, if a preliminary plan was required and the contours identified with thepreliminary plan were altered, at a minimum vertical interval of two feet for land withaverage natural slope of 4% or less and at a minimum vertical interval of five feet formore steeply sloping land. Contours shall be accompanied by the location of the benchmark and a notation indicating the datum used. Contours platted from the United StatesGeodetic Survey will not be accepted. This information may be provided on separatesheets and is not subject to recording with the final plans.

(2) The names of all immediately adjacent landowners and the names and plan book recordnumbers of all previously recorded plans for adjacent projects.

(3) Within and immediately contiguous to the subject tract, the locations, names anddimensions of existing streets and alleys, the locations and sizes of existing stormdrainage facilities, floodplains and all buildings.

D. Plan information.

(1) Complete description of the center line and the right-of-way line for all new streets. Thisdescription shall include distances and bearings with curve segments comprised ofradius, tangent, arc and chord.

(2) Lot lines, with accurate bearings and distances, and lot areas for all parcels. Curvesegments shall be comprised of arc, chord, bearing and distance. Along existing streetrights-of-way the description shall utilize the existing deed lines or road center lines;along all proposed street rights-of-way, the description shall be prepared to the right-of-way lines.

(3) Block and lot numbers in consecutive order (e.g., Block "A," Lots 1 through 10; Block "B,"Lots 11 through 22).

(4) In the case of land development plans, the location and configuration of proposedbuildings, parking compounds, streets, access drives, driveways and all other significantfacilities.

(5) Total number of lots, units of occupancy, density and proposed land use (if a multipleland use is proposed, an indication of the location of each land use).

(6) An indication of all applicable easements, either existing or proposed, along with anaccurate description of boundary areas and lines of such easements.

(7) Building setback lines, with distances from the street center line and side or rear lot lines.

(8) Identification of buildings to be demolished and to remain.

(9) Typical cross-section for each proposed street and a typical cross-section for anyexisting street which will be improved as part of the application. Each cross-section shallinclude the entire right-of-way width and pavement materials, including section depths.

(10) Final vertical and horizontal alignment for each proposed street, sanitary sewer, stormsewer and water distribution system. All street profiles shall show at least the existing(natural) profile along the center line, proposed grade at the center line, and the lengthof all proposed vertical curves for streets. All water distribution, storm sewer andsanitary sewer systems shall provide manhole locations and size and type of material.This information may be provided on separate sheets and is not subject to recordingwith the final plans.

(11) Source of title to the land included within the subject application, as shown by the booksof the Lancaster County Recorder of Deeds. In the case where the applicant is claimingequitable ownership of the property, an identification of the agreement by which theapplicant is claiming such ownership shall also be included.

(12) Final street names.

(13) Location and material of all permanent monuments and lot line markers, including anote that all monuments and lot line markers are set or indicating when they will be set.

(14) A grading plan, which shall include finished grades, contours, direction of stormwaterflow, types of soils and ground floor elevations. In all cases proposed grading shall becompleted to assure positive drainage away from all structures and eliminate ponding,standing water, property damage or any other undesirable condition. This informationmay be provided on separate sheets and is not subject to recording with the final plans.

(15) Identification of any waivers granted by the Township.

(16) Identification of any lands to be dedicated or reserved for public, semipublic orcommunity use.

(17) An acknowledgment of the storm drainage certificate (see Appendix 4 Editor's Note:

Appendix 4 is located at the end of this chapter. ) required by § 285-33 of this chapter.

(18) Any other information deemed necessary or relevant by the Township for the purposesof protecting or preserving the public health, safety or welfare.

E. Certificates, notifications and reports.

(1) Notification from the Department of Environmental Protection that approval of thesewer facility plan revision (plan revision module for land development) or supplementhas been granted unless a plan revision or supplement is unnecessary.

(2) Where the land included in the subject application has an electric transmission line, a gaspipeline or a petroleum or petroleum product transmission line located within the tract,the application shall be accompanied by a letter from the owner or lessee of such right-of-way stating any conditions on the use of the land and the minimum building setback

and/or right-of-way lines. This requirement may also be satisfied by submitting a copy ofthe recorded agreement.

(3) Notice from Lancaster County-Wide Communications stating that the proposed streetnames are acceptable.

(4) Certificate, signature and seal of the engineer, surveyor or landscape architect to theeffect that the survey and/or plan are correct. (See Appendix 3. Editor's Note: Appendix 3 is

located at the end of this chapter. )

(5) Certificate for approval of this Township. (See Appendix 8. Editor's Note: Appendix 8 is


(6) A statement, duly acknowledged before an officer authorized to take acknowledgment ofdeeds and signed by the landowner, to the effect that the subdivision or landdevelopment shown on the plan is the act and the deed of the owner, that all thosesigning are all the owners of the property shown on the survey and plan, and that theydesire the same to be recorded as such. (See Appendix 5. Editor's Note: Appendix 5 is

located at the end of this chapter. ) This must be dated following the last change orrevision to said plan. All signatures must be written with black ink.

(7) A statement, duly acknowledged before an officer authorized to take acknowledgmentsof deeds and signed by all of the record owners of any lot to which land is to be joinedby the plan, agreeing that the conveyance is acceptable to such landowners, that theyare all of the owners of such lot and that they desire the same to be recorded.

(8) A certificate of dedication of streets and other public property. (See Appendix 5. Editor's

Note: Appendix 5 is located at the end of this chapter. )

(9) Certificate of review of the plan by the County Planning Commission. (See Appendix 10.Editor's Note: Appendix 10 is located at the end of this chapter. )

(10) Certificate of review of the plan by the Township Planning Commission. (See Appendix18. Editor's Note: Appendix 18 is located at the end of this chapter. )

(11) A certificate to accommodate the Lancaster County Recorder of Deeds information.(See Appendix 11. Editor's Note: Appendix 11 is located at the end of this chapter. )

(12) A note to be placed on the plan indicating any area that is not to be offered fordedication, if applicable.

(13) Written approval from the Township that all improvements have been made to thestandards of the improvement construction plan or an improvement guarantee has beensubmitted and was accepted by the Township or the Authority accepting dedication.(See Article V for the administration.)

(14) Such written notices of approval as required by this chapter, including written noticesapproving the water supply systems, sanitary sewage systems and stormwater runoff toadjacent properties. (See §§ 285-33 and 285-35 for specific requirements.)

(15) The submission of a controlling agreement in accordance with §285-27B when anapplication proposes to establish a street which is not offered for dedication to publicuse.

(16) In the case of a plan which requires access to a highway under the jurisdiction of thePennsylvania Department of Transportation, the inclusion of the following plan note:

"A highway occupancy permit is required pursuant to § 420 of the Act ofJune 1, 1945 (P.L. 1242, No. 428), known as the "State Highway Law," beforedriveway access to a state highway is permitted. Access to the state highwayshall only be as authorized by a highway occupancy permit, and theTownship's approval of this plan in no way implies that such permit can beacquired."

(17) In the case of a plan which requires access to a street, road or highway under thejurisdiction of the Pennsylvania Department of Transportation, highway occupancypermit drawings shall be provided in conformance with § 285-7D(1) , Final planapplication requirements.

(18) For all stormwater management facilities that affect an existing watercourse or have anupland drainage area greater than 1/2 square miles, notification from the Department ofEnvironmental Protection of approval or that no approval is required.

(19) Any other applicable federal, state or local agency permits or approvals that may berequired or related to the final plan application.

(20) In the case of a plan application that may be phased, provide an initial phasing or timeschedule for completing all the improvements indicated on the approved preliminaryplan.

F. Filing fee. The final plan shall also be accompanied by a check or money order drawn to theTownship in an amount specified on the fee schedule adopted by resolution of the Board ofSupervisors and available at the Township office.

§ 285-13. Lot add-on plans.

Lot add-on plans shall be prepared by a registered engineer or surveyor and shall include thefollowing information:

A. Drafting standards. The same standards shall be required for a lot add-on plan as specified fora preliminary plan in § 285-11A of this chapter.

B. Location and identification. The same standards will be required for a lot add-on as specifiedfor a preliminary plan in § 285-11B of this chapter.

C. Plan information. The same standards shall be required for a lot add-on plan as specified for afinal plan in § 285-12D of this chapter.

D. Certificates.

(1) Certificate, signature and seal of the engineer, surveyor or landscape architect to theeffect that the survey and/or plan are correct. (See Appendix 3. Editor's Note: Appendix 3 is


(2) Certificate for approval by this Township. (See Appendix 9. Editor's Note: Appendix 9 is


(3) A statement, duly acknowledged before an officer authorized to take acknowledgment ofdeeds and signed by the landowner, to the effect that the subdivision or landdevelopment shown on the plan is the act and the deed of the owner, that all thosesigning are all the owners of the property shown on the survey and plan, and that theydesire the same to be recorded as such. (See Appendix 5. Editor's Note: Appendix 5 is


(4) A statement, duly acknowledged before an officer authorized to take acknowledgment ofdeeds and signed by the owner of the receiving tract, to the effect that the conveyanceas shown on the plan is in accordance with the intent of the landowner, that all thosesigning are all of the owners of the property shown on the plan, and that they desire thesame to be recorded as such. (See Appendix 5. Editor's Note: Appendix 5 is located at the

end of this chapter. )

(5) A certificate to accommodate the Lancaster County Recorder of Deeds information. (SeeAppendix 11. Editor's Note: Appendix 11 is located at the end of this chapter. )

§ 285-14. Traffic impact study (TIS).

A. Legislative intent.

(1) The Board of Supervisors recognizes that the development of land within the Townshippresents both benefits and challenges. Each development displays unique circumstances.Without proper information, neither the developer nor the Township may gauge theactual effect of the development upon the surrounding area, including the existing roadnetwork, and how the surrounding area and existing road network may affect safe andconvenient access to or use of the property to be developed. Information is vital toenable developments to be designed in a manner which will insure adequate, safe andconvenient access and prevent adverse consequences to neighboring properties orexisting public facilities.

(2) Section 503(2)(i) of the Municipalities Planning Code expressly authorizes the Townshipto include provisions within this chapter to insure that the layout and arrangement ofdevelopments shall conform to the Township Comprehensive Plan and to anyregulations or maps adopted to implement the Comprehensive Plan. The Township hasincluded urban growth boundaries in its Comprehensive Plan and desires to coordinatedevelopment with adjoining municipalities and to consider the regional impact ofdevelopment. The Municipalities Planning Code, § 503(2)(ii), further authorizes theTownship to include in this chapter provisions for insuring that streets in and borderinga proposed development shall be coordinated and shall be of such widths and gradesand in such locations as necessary to accommodate prospective traffic and facilitate fireprotection.

(3) It is the legislative intent of this Township to require developers to prepare a traffic studyto determine whether adequate, safe and convenient access is available to thedevelopment site, and, if not, what improvements must be made by developers toprovide adequate safe and convenient access. It is also the intent of the Township inrequiring the traffic study to insure that the internal traffic system of the development isdesigned in a manner which will not adversely impact or unduly burden the existingtransportation network, access to adjoining properties or planned improvements.

B. Traffic impact study required of certain developments.

(1) Traffic impact studies are conducted to enable the Township to identify the potentialimpacts of a proposed subdivision or development and determine any roadwayimprovements necessary to provide an acceptable level of service. These studies are tobe conducted during the initial stages of the review and approval process in order toadequately consider the impacts the additional traffic will have on the localtransportation network. Not all subdivision or development projects will have asignificant enough impact to require a traffic impact study. The use of engineeringjudgment is necessary in making this determination and consideration should be givennot only to changes in projected traffic volume but also safety or capacity deficiencieswhich could impact the roadway system. At a minimum, a traffic impact study should beperformed when either of the following conditions is satisfied:

(a) The proposed subdivision or development is expected to generate 1,500 or morevehicle trips per day (total inbound and outbound development traffic).

(b) The proposed subdivision or development is expected to generate 50 or morevehicle trips that are newly generated peak direction trips to or from the site.

(2) In all cases, a traffic impact study will be conducted when, in the opinion of the Township,the subdivision or development is expected to have a significant impact on the safetyand/or traffic flow of the affected roadway(s).

(a) The number of vehicle trips shall be computed based upon all phases of thedevelopment, and the required traffic impact study shall be completed andsubmitted with the first phase. Failure to submit the required study with the firstphase of development, when subsequent phases are planned, shall constitute aviolation of this chapter and the Township may avail itself of any and all remediesprovided by the Municipalities Planning Code, including the refusal to issue anypermits or approvals necessary for further development of the tract.

(b) The Township encourages the developer to present a draft traffic impact study tothe Township prior to the preliminary plan.

C. Traffic study and report required to be submitted with preliminary plans.

(1) When it has been determined that a traffic impact study is required for a proposedsubdivision or development, it shall be the responsibility of the applicant to ensure thestudy is conducted and a final report submitted in accordance with these guidelines. Thetraffic impact study and final report shall be prepared under the supervision of a

qualified and experienced transportation engineer with specific training in traffic andtransportation engineering.

(2) The conduct of the traffic impact study must be in cooperation with and coordinatedwith the appropriate local and state officials. Of special importance is the need to workclosely with the involved officials in determining the improvements which are to beimplemented on the affected roadway(s).

(3) When requested by the applicant, the Township will perform a "procedural review" of thedraft traffic impact study report. This review will be limited to insuring the properprocedures have been used and adequate documentation has been provided inaccordance with the requirements of these guidelines. This "procedural review" isintended to provide the study preparer with guidance on the adequacy of the study inmeeting the requirements of these guidelines and will not address the adequacy orappropriateness of the recommended improvements.

(a) General requirements.

[1] The traffic impact study (TIS) will be conducted using currently accepted trafficengineering practices and procedures. The use of computer programs toconduct the required analyses is acceptable; provided, the programs reflect themost current provisions of the analysis procedure upon which they are based.Recommended geometric or traffic operations improvements must meet orexceed all applicable PADOT and local minimum design criteria.

[2] The TIS engineer will be responsible for the collection of all information and datarequired to support the TIS effort. At the developer's request, the Township willmake available appropriate information and data which will assist in the TISeffort. When additional traffic counts are required for the TIS, the engineer shallcollect such data to include average daily traffic (ADT) volumes and peak hourturning movement volumes on an average week day, as well as on Saturday orSunday, if required, as defined in PADOT's Publication 201. Traffic data may notbe older than three years.

[3] The procedures and requirements outlined in these guidelines are intended toprovide a basic framework for the conduct of a TIS. Additions or modificationsto this framework may be made provided such changes are approved by theTownship.

(b) Study area characteristics.

[1] The limits for the study area should be based upon engineering judgment and aknowledge of the existing traffic conditions in the vicinity of the proposedsubdivision or development. The area must be of sufficient size to include thekey roadway corridors and critical intersections which may be impacted by theproposed site traffic. Designation of the study area boundaries shall be acooperative effort between the TIS engineer, Township and PADOT. In thoseinstances where agreement cannot be reached on the boundaries, the Townshipwill establish the boundaries to be used for the TIS. Designation of the futuredesign year(s) as the basis for the study will be made by the Township

dependent on the timing and/or phasing of the proposed project. The designyear is the anticipated opening of a development assuming full build out andoccupancy.

[2] Existing and proposed land uses in the study area must be considered in the TIS.This consideration must include not only the current/proposed zoning of thevarious tracts within the study area, but also the specific use for thedevelopment site. Where the current/proposed land use of the site is beingmodified, an analysis of the proposed changes should be made to determine theextent to which traffic volumes for the site will be modified.

[3] Characteristics of the study area roadway network, intersections and theproposed site access point(s), to include geometrics and traffic control need tobe identified as part of the TIS. Included in this identification will be all drivewaysadjacent to or across from the proposed site access point(s). In addition, allcommitted roadway and traffic operational improvements to the study areanetwork, which will occur during the designated time period on which the TIS isbased, are to be identified. Committed improvements are those improvementswithin the study area which are proposed and for which funds have beenallocated to be installed by other developers and/or governmental agencies.

(c) Traffic analysis.

[1] The study area roadway network is to be analyzed for safety and capacitysufficiency for three separate conditions: existing network conditions, futurenetwork conditions without the proposed development and future networkconditions with the proposed development. For each of the three conditions thefollowing analyses shall be completed:

[a] Average daily traffic (ADT) volumes and turning movement volumes for allcritical intersections within the study area shall be determined for the AMpeak hour, PM peak hour and the proposed development peak hour, whichmay be Saturday or Sunday, if other than either the AM or PM peak hour ofthe network.

[b] The effectiveness of the traffic control (e.g., stop signs or traffic signals) at allcritical intersections will be evaluated by approach in terms of vehicle stopsand delays.

[c] Gap studies will be conducted at the proposed site access points to evaluatethe need for signal control, turn prohibitions or additional site access pointsto reduce the left turn volume to and from the site driveway(s).

[d] Queue length analyses will be completed to evaluate the potential for abackup of traffic from controlled intersections which could impact otherintersections including access points to the proposed development.

[e] Accident history within the past five years on the streets adjacent to theproposed development and at intersections within the study area.

[f] Existing nonmotorized vehicle travel patterns shall be studied. Proposedimprovements shall accommodate these patterns in such a manner toprovide safe and convenient travel patterns for nonmotorized vehiclesduring and after construction of the proposed development. For furtherinformation on nonmotorized vehicles the applicant should contact theCounty Planning Commission which has prepared a study entitled"Nonmotorized Vehicle Study," dated February 1994.

[g] An analysis of the volume and capacity of the network and all criticalintersections will be conducted utilizing the most current Highway CapacityManual procedures. Levels of service will be determined and documented.

[2] The analysis of the existing roadway and intersection conditions in the study areawill be based upon the current geometric conditions and traffic controloperations. This analysis will serve as a basis for determining the currentadequacy of the roadway network and to document any deficiencies.

[3] The analysis of the future conditions without the proposed subdivision ordevelopment will document the adequacy of the study area network toaccommodate traffic in the design year(s) without the proposed development.This analysis must include a full consideration of all committed roadwayimprovements to the study area network when determining the expected levelsof service.

[4] For the analysis of the future conditions with the proposed subdivision ordevelopment, one of the key factors will be the total projected site generatedtraffic and its distribution on the study area network. The study preparer mustfully document the methodology which is used to complete this effort andprovide sufficient information such that the Township can verify the results. Inaddition, care must be taken to ensure that adequate consideration is given tothat portion of the already projected future network traffic which will utilize theproposed development access points.

(d) Improvement recommendations.

[1] The overall goal of this section will be to detail necessary improvements to thestudy area roadway network which will provide for a level of service and delayfor the design year or years for phased projects with the development which isat least equivalent to the projected level of service and delay for the design year(s) without the proposed subdivision or development. Based upon a comparisonof the traffic analysis for the future conditions with and without the proposedsubdivision or development, roadway and traffic operational improvementswhich will support this goal are to be identified and analyzed. Theseimprovements may include both on-site and off-site roadway and trafficoperational changes as determined by the preceding analyses.

[2] In developing the proposed improvements, the study preparer is to consider thefollowing:

[a] All highway capacity evaluations shall consider not only the overallintersection level of service and delay but also evaluate each approach andmovement to identify any substandard values which need to be improved.

[b] The improvements shall provide an estimated delay which will be no worsethan the delay for the design year without the proposed subdivision ordevelopment.

[c] Where new intersections are being established to serve as access to theproposed development, these intersections must be designed to at leastoperate at Level of Service C or better.

[d] For access points to the proposed development, which are not proposed tobe controlled by a traffic signal, an analysis will be completed to determinethe design details for a separate left turn lane on the adjoining highway.

[e] For access points to the proposed development and any major intersection,where traffic signal control may be required or is being proposed, a trafficsignal warrant analysis shall be performed in accordance with therequirements of PADOT's Publication 201. A left turn lane shall be providedand an analysis shall be completed to determine the type of signal phasingrequired.

[i] The final recommended study area network with proposed improvementswill also be subjected to all the traffic analyses which are required underthe previous sections of these guidelines. These analyses will serve todetermine the "adequacy" of the improvements. If the improvements aredetermined to be inadequate additional improvements shall berecommended and designed for implementation by the developer.

D. Final report.

(1) General.

(a) A final report must be prepared to document the results of the traffic impact studyand the recommended improvements to accommodate the projected traffic due tothe proposed subdivision or development. Since this report will be reviewed byTownship officials with varying levels of technical expertise, the report must bepresented in a format and context which can be understood by both technical andnontechnical parties.

(b) The presentation of data and analyses results should, preferably, be accomplished oneither schematic diagrams of the study area, or through the use of charts and/ortables. All sources of data and methodologies which were used in the TIS (includingcomputer programs) must be properly referenced and documented. Anymodifications to the referenced procedures must be properly documented toenable a review of the appropriateness of the modification.

(2) Contents. The final report will include the following:

(a) Executive summary which provides a concise description of the study area, results ofthe traffic analyses and any recommended improvements.

(b) Description of the proposed subdivision or development site to include a mapshowing the site's location in regards to the region and the area roadway network.

(c) Schematic diagram/map of the designated study area showing all major highways andcritical intersections.

(d) Results of the traffic analyses for the three traffic conditions. At a minimum, thefollowing data must be shown for each of the three conditions:

[1] ADT and intersection turning movement counts.

[2] Levels of service and delay.

[3] Projected traffic distribution and network assignment for the proposed site.

(e) Recommended improvements to the study area network to include preliminary costestimates, proposed implementation schedule and expected levels of service anddelay for the recommended network.

(3) Review procedures. Five copies of the final TIS report shall be submitted for review andapproval with the preliminary plan application. Reports which do not contain therequired information or indicate that the study was not done in accordance with therequirements of these guidelines will be returned to the applicant for correction andresubmission.

E. Contribution in lieu of preparation of studies. If a developer believes that the preparation oftraffic study and report required herein is not warranted, he/she may request the Board ofSupervisors to waive the preparation of such study and report and shall make a contributionof the estimated sum necessary to defray the costs of improvements which would berecommended by such studies. The minimum contribution shall be $350 per dwelling unit orresidential lot in a residential subdivision or land development or $1.50 per square foot ofusable building floor area in a commercial, industrial or institutional subdivision or landdevelopment.

(1) The developer of any commercial, industrial or institutional subdivision or landdevelopment shall provide the Township with a certification of the usable building floorarea to be constructed for the purpose of determining the contribution in lieu ofpreparation of studies.

(2) This contribution in lieu of preparation of studies provided for herein shall be in additionto all charges imposed by the Authority for tapping and connection fees and shall be inaddition to all other review, inspection and other fees or charges imposed by theTownship and/or the Authority, and all sums otherwise agreed to be paid by thedeveloper.

(3) The developer shall enter into an agreement with the Township setting forth thecontribution in lieu of preparation of studies to be paid and the studies to be waived by

the Township. All such agreements shall be in a form satisfactory to the TownshipSolicitor.

(4) All contributions in lieu of preparation of studies shall be paid prior to approval of thefinal plan by the Township.

Article V. Improvement Construction Assurance

§ 285-15. General.

A. No project shall be considered in compliance with this chapter until the streets, street signs,sidewalks and curbs within street rights-of-way, buffer planting, storm drainage facilities fordedication or which affect adjacent properties and/or streets, sanitary sewer facilities fordedication (exclusive of laterals), water supply facilities (exclusive of laterals), fire hydrants,lot line markers and survey monuments have been installed in accordance with this chapter.

B. No final plan shall be signed by this Township for recording in the office of the LancasterCounty Recorder of Deeds unless all improvements required by this chapter installed inaccordance with the improvement construction plan as specified in § 285-7G of thischapter, improvement construction assurance, in accordance with § 285-16 is accepted bythe Township or the Authority.

C. The administration of improvement construction assurances shall comply with the provisionsof this chapter and other applicable laws of the commonwealth.

§ 285-16. Improvement construction guarantee.

All guarantees shall be prepared by the developer in the form required by the Township or by theAuthority and acceptable to the Solicitor of the Township or Authority. The amount of the guaranteeshall be calculated in accordance with Article V of the Municipalities Planning Code. The guaranteeshall assure completion of all improvements within a time period as may be determined by theTownship. The following are acceptable forms of guarantees. All other forms of guarantees shall beindividually approved by the Township or Authority.

A. Letter of credit. A letter of credit provided by the developer from a financial institution orother reputable institution subject to the approval of the Township or Authority. This lettershall be deposited with the Township or Authority and shall certify the following:

(1) That the creditor does guarantee funds in an amount equal to the cost of completing allrequired improvements.

(2) In case of failure on the part of the developer to complete the specified improvementswithin the required time period, the creditor shall pay to the Township or Authorityimmediately, and without further action, such funds as are necessary to finance thecompletion of those improvements, up to the limit of credit stated in the letter.

(3) The letter of credit may not be withdrawn, or reduced in amount, until released by theTownship or Authority.

B. Surety performance bond. A security bond from a surety bonding company authorized to dobusiness in the Commonwealth of Pennsylvania. The bond shall be payable to the Townshipand/or the Authority accepting the improvement.

C. Escrow account. A deposit of cash either with the Township and/or Authority or in escrowwith a financial institution. The use of a financial institution for establishing an escrowaccount shall be subject to approval by the Township or Authority. In the case of an escrowaccount, the developer shall file with the Township or Authority an agreement between thefinancial institution and himself guaranteeing the following:

(1) That the funds of said escrow account shall be held in trust until released by theTownship or Authority and may not be used or pledged by the developer as security inany other matter during that period.

(2) In the case of a failure on the part of the developer to complete said improvements, thenthe institution shall immediately make the funds in said account available to theTownship or Authority for use in the completion of those improvements.

§ 285-17. Release from improvement/construction guarantees.

A. As the work of installing the required improvements proceeds, the party posting the financialsecurity may request the Board of Supervisors to authorize the release of such portions ofthe financial security associated with the completed improvements. Requests for the partialrelease of financial security as the work of installing the required improvements proceedsshall be made and governed by § 509 of the Municipalities Planning Code.

B. At such time that the developer has completed and installed the required improvements, theBoard of Supervisors shall consider the developer's request for a release from theimprovement guarantee in accordance with the procedure set forth in § 510 of theMunicipalities Planning Code.

§ 285-18. Deed of dedication.

All improvements including streets, any and all easements for sanitary sewers, water lines or stormsewers and improvements thereto including street paving, sidewalks, street trees, water mains, firehydrants, sanitary and storm sewers, manholes, inlets, pumping stations and other appurtenancesshall be deemed to be private improvements and only for the benefit of the specific subdivision orland development until such time as the same have been offered for dedication and formallyaccepted by the Township, or appropriate authority or entity, by ordinance, resolution, deed or otherformal action or document. The developer shall reference and complete the Township's RoadDedication Checklist (See Appendix 25 Editor's Note: Appendix 25 is located at the end of this chapter. )and submit any necessary documentation, fees and as-constructed plans, in accordance with § 285-24 , for all improvements which will be dedicated to the Township or Authority. Neither the Townshipnor the Authority shall have any responsibility of any kind with respect to improvements shown onthe final plan until the improvements have been formally accepted by the Township or the Authority.

§ 285-19. Timing of completion of wearing course on streets.

The wearing course of streets shall not be completed prior to such time that 75% of the lots in thesubdivision or land development have been improved by the construction of a primary residential,commercial, industrial or institutional structure, if approved for such uses. At such time as 75% of thelots in the subdivision have been improved as set forth above, the Township may notify the developerto complete the surface course within 60 days from the date of such notice. In computing the sixty-day requirement, the period from October 1 to April 1 shall not be counted.

§ 285-20. Remedies to effect completion of improvements.

In the event that any improvements which are required by this chapter have not been installed asprovided in this chapter or in accord with the approved final plan, the Supervisors may enforce anycorporate bond, or other security, by appropriate legal and equitable remedies. If proceeds of suchbond or other security are insufficient to pay the cost of installing or making repairs or corrections toall the improvements covered by said security, the Board of Supervisors may, at its option, install partof such improvements in all or part of the subdivision or land development and may instituteappropriate legal or equitable action to recover the monies necessary to complete the remainder ofthe improvements.

§ 285-21. Inspection during construction.

A. The Township shall inspect the improvements during construction. The developer shall paythe cost of any such inspection in accordance with the provisions of Article V of theMunicipalities Planning Code. The developer shall provide at least 48 hours notice prior tothe start of construction of any improvements that are subject to inspection. All inspectionsof completed items shall be requested, in writing, at least 48 hours in advance of theinspection time and date.

B. Inspections shall be required during the following phases of site construction. This general listof phases may be amended by mutual agreement of the Township and developer when thesite requires special construction procedures. The inspection schedule must be submittedwith the final plan or shown on the approved improvement construction plan.

(1) General site construction.

(a) Upon completion of preliminary site preparation including stripping of vegetation,stockpiling of topsoil and construction of temporary erosion and sedimentationcontrol devices.

(b) Upon completion of rough grading, but prior to placing topsoil, permanent drainageor other site development improvements and ground covers.

(c) During the construction of permanent stormwater management facilities andunderground facilities.

(d) Upon the final completion of permanent stormwater management facilities, includingthe establishment of ground covers and plantings.

(e) After review of the as-built drawings, but prior to final release of the financialguarantee for completion of final grading, vegetative controls or other siterestoration work.

(2) Street construction.

(a) Preparation of road subgrade. At the time of this observation, the subgrade shouldbe proof rolled and the proposed crown and grade should be checked. It isrecommended that a representative of the developer or contractor accompany theobserver when the crown and grade are checked. Proof rolling should be performedwith a fully loaded, single-axle dump truck. This observation must occur prior to anystone subbase being placed.

(b) Placement and compaction of road subbase. At the time of this observation, thedepth of subbase should be checked after compaction, the subbase should be proofrolled in the same manner as the subgrade, and the crown and grade should bechecked again. This observation must occur prior to any binder or base course beingplaced.

(c) Placement and compaction of the binder/base course. At the time of thisobservation, the depth of the binder/base course should be checked, ambienttemperature should be monitored (this is important in early spring and late fall dayswhen the temperature can go below acceptable limits), the temperature of thebituminous material should be checked (if possible), and it is recommended thatcopies of the weight slips for each truckload be obtained. The crown and gradeshould also be checked again. This observation must occur prior to the wearingcourse being placed.

(d) Placement and compaction of the wearing course. At the time of this observation,the guidelines for the placement and compaction of the binder/base course shouldbe followed.

(3) In addition to the above outlined observations, additional observations will be made atthe request of the developer for reduction of financial securities. Random observationsshould be made at the frequency desired by the Township. At the time of any of theabove listed observations, all ongoing construction (e.g., storm drainage, sanitary sewer,water, erosion control, etc.) should also be checked for compliance with the approvedplans and the findings reported. Since the above inspections are mandatory, it isrecommended that requests for reduction of financial guarantee be submitted tocoincide with the above inspections.

§ 285-22. Maintenance of streets.

The developer shall maintain all streets in the subdivision or development in travelable condition,including the prompt removal of snow, until such time as the streets are accepted by the Townshipas part of the Township highway system; or, if such streets are not to be dedicated, until ahomeowners' association or other entity responsible for the maintenance of the streets has beenformed and accepted such maintenance responsibility.

§ 285-23. Effect of plan recording on dedication and reservations.

Recording of the final plan after approval of the Board of Supervisors has the effect of an irrevocableoffer to:

A. Dedicate all streets and other public ways, including stormwater management facilities,utilities or other public improvements installed within the right-of-way of the street, to theTownship and/or commonwealth and/or Authority, as applicable, unless such streets areindicated on the plan as private streets.

B. Dedicate all parks, open space and recreation areas shown on the plan as being public parks,open space or recreation areas to the Township.

C. Dedicate all utility easements for sanitary sewerage and/or public water facilities andappurtenances located outside of public street rights-of-way to the Authority.

§ 285-24. As-constructed plan.

Prior to the final release of the financial security by the Supervisors, the developer shall provide theTownship with one Mylar and two prints of the as-constructed plan, at the same size and scale of theapproved plans, showing the following:

A. Actual location of all concrete monuments and/or markers which were found or set at allangle breaks, points of curvature and tangents around the perimeter of the total tract. Whenthe outside perimeter of a tract falls within or along an existing road right-of-way, then theright-of-way of that roadway shall be monumented at the above referenced points.

B. Actual location of all iron pins or drill holes in curbs for all individual lot lines.

C. Actual cul-de-sac radius.

D. Actual horizontal location of cartway center line versus right-of-way center line should beindicated by dimension.

E. Actual horizontal location of floodplain by elevation and dimension from property line.

F. Actual horizontal location and cross section of swales and accompanying easements.

G. Actual horizontal and vertical location of stormwater management facilities including typeand size drainage pipes.

H. Detention basin.

(1) Actual contours of the detention basin.

(2) Actual outlet structure details including type size and inverts of outlet pipes.

(3) Actual elevation of the embankment and emergency spillway.

(4) A table showing the stage/storage/discharge curve for the constructed conditions.

§ 285-25. Maintenance guarantee.

The Township and/or the Authority may require that the developer submit a maintenance guaranteeto secure the structural integrity and functioning in accordance with the designs and specifications asdepicted on the final plan for any improvement to be dedicated to the Township or the Authority fora period of 18 months from the date of acceptance of dedication. Such maintenance guarantee shallbe in a form acceptable to the Township or Authority Solicitor and shall be in the amount of 15% ofthe actual cost of installation of said improvements unless a lesser amount is accepted by theTownship or Authority.

Article VI. Design Standards

§ 285-26. General.

The standards and requirements contained in this chapter shall apply as minimum design standardsfor subdivisions and/or land developments within the Township. In addition, subdivisions and/or landdevelopments shall be designed to comply with the requirements of Chapter 340, Zoning, Chapter270, Stormwater Management, regulations of the Authority and regulations of the PADOT, asapplicable. All proposed subdivisions and/or land developments shall be designed, laid out, arranged,constructed and coordinated with all presently existing facilities and improvements which serve thetract proposed to be developed including, but not limited to, the (A) transportation network; (B)sewer collection, conveyance and treatment facilities; (C) water supply and distribution facilities; and(D) stormwater management facilities, as necessary to accommodate prospective traffic, provideadequate sewer and water service, promote proper stormwater management, facilitate fireprotection, prevent flooding and conform to the Comprehensive Plan, including any urban growthboundary, the official map, and any regulations or plans adopted in furtherance thereof. All proposedsubdivisions and/or land developments shall also be designed, laid out, arranged, constructed andcoordinated to insure that abutting properties will continue to have safe and convenient access inaccordance with the standards of this chapter or, if such properties do not presently have suchaccess, to have access at least equal to the level existing prior to the proposed subdivision and/or landdevelopment. The applicant shall submit studies and reports with the preliminary plan and the finalplan which shall clearly identify any assumed, proposed and required improvements to existingfacilities. If an applicant submits a study, report or plan which contains improvements assumed to beinstalled by others and compliance with the design standards in this chapter is based upon thecompletion of such assumed improvements, the design standards of this chapter shall not beconsidered as met unless the applicant presents evidence that a governmental entity has budgetedfunds and/or has entered into contracts for the assumed improvements or unless a plan for anotherdevelopment which proposes the installation of such improvements has been approved andrecorded.

A. Whenever Chapter 340, Zoning, provides that the use proposed by the applicant forsubdivision and/or land development approval shall constitute a use by special exception or aconditional use, the applicant shall obtain such special exception or conditional use approvalfrom the Zoning Hearing Board or the Board of Supervisors, as applicable, prior to thesubmission of the preliminary plan. The plan shall be designed and developed in accordancewith any conditions which have been imposed upon the grant of such special exception orconditional use by the Zoning Hearing Board or the Board of Supervisors, as applicable.

B. Whenever the applicant proposes to develop a subdivision and/or land development in amanner that would require a variance from any requirements of Chapter 340, Zoning, theapplicant shall obtain such variance from the Zoning Hearing Board prior to the submissionof the preliminary plan. The plan shall be designed and developed in accordance with anyconditions which have been imposed upon the grant of such variance or variances by theZoning Hearing Board.

C. Whenever all or a portion of the land contained within an application for subdivision or landdevelopment approval constitutes all or a portion of land included in a prior subdivision orland development plan approved by the Township or the Lancaster County PlanningCommission and recorded in the Office of the Recorder of Deeds in and for LancasterCounty, Pennsylvania, the plan shall comply with all conditions, restrictions and notesimposed on the prior approval and/or included upon the recorded subdivision or landdevelopment plan. The applicant shall identify all prior recorded subdivision and/or landdevelopment plans of which all or a portion of the land contained in the plan was a part andall conditions, restrictions and notes which affect the current application. Failure to identifyall applicable conditions, restrictions and notes of record on prior plans constitutes aviolation of this chapter. The applicant shall submit with the application for preliminary planapproval a statement identifying the prior plans reviewed; the conditions, restrictions andnotes which would impact development in accordance with the plan for which approval hasbeen requested; and an explanation of the manner in which the proposed plan has beendesigned to comply with such conditions, restrictions and notes. This information shall besigned by the applicant or the applicant's engineer or landscape architect.

§ 285-27. Streets, access drives and driveways.

A. Conformance with adopted plans. The proposed street pattern shall be properly related toexisting streets, to official maps, and to such county and state road and highway plans ashave been duly adopted.

(1) Roadway classifications. For the purposes of this chapter, the Township's existing streetsshall be classified in the following categories:

ArterialStreets Collector Streets Local Streets

Lititz PikeFurnace HillsPikeOregon PikeU.S. Route 222Rothsville RoadNewport Road

Brunnerville RoadWest LincolnAvenueClay RoadOrange StreetLexington RoadWoodcrestAvenueOwl Hill RoadMillport RoadBecker Road

All streets not listed as arterials orcollectors

(2) Proposed roadway classifications. All proposed streets shall be designed and constructedin accordance with Subsection J , below.

B. Private streets. Private streets are prohibited unless they meet the design standards of theseregulations. Applications which propose a private street shall be accompanied by anagreement which shall be submitted with the preliminary plan application and ultimatelyrecorded with the Lancaster County Recorder of Deeds as part of the final plan. Thisagreement shall establish the conditions under which the street will be constructed andmaintained, as well as conditions controlling an offer of dedication, and shall stipulate:

(1) That the street shall be constructed and maintained to conform to the specifications ofthis chapter.

(2) That the owners of the abutting lots will include with any future offer for dedicationsufficient monies, as estimated by the Township, to restore the street to conformancewith the prevailing standards.

(3) That an offer for dedication of the street shall be made only for the street as a whole.

(4) The method of assessing maintenance and repair cost.

(5) That an agreement by the owners of 51% of the front footage thereon shall be binding onthe owners of the remaining lots.

C. Arterial street design. The design standards for arterial streets shall be as specified by thePADOT and based upon the projected average daily traffic and speed limit.

D. Arrangement. The development shall be designed to insure coordination between theproposed street system and all existing streets and intersections studied in the traffic impactstudy, all planned streets and intersections included on other subdivision or landdevelopment plans and all streets included in the Comprehensive Plan or any official mapadopted by the Township.

(1) All proposed streets within the tract shall be arranged to conform as closely as possibleto original topography. Proposed streets within the development shall be laid out toprovide convenient and safe access to each lot and/or structure and/or parkingcompound proposed as part of the development of the tract. Rigid rectangular streetpatterns are not required and curvilinear streets may be provided when their use willresult in a more desirable layout.

(2) The proposed street system shall be connected to the existing street system at a locationwhich will minimize adverse effects and not place any burdens upon the functioning ofthe existing street system or access to other properties along the existing street system.The applicant shall install all necessary traffic control devices and shall make all necessaryimprovements to provide for such access which may include, but shall not be limited to,the installation of traffic signals and roadway improvements at affected intersections toregulate traffic flowing past or to and from the proposed point or points of access tothe development.

(3) Where a development abuts an existing or proposed arterial street, the developer shalluse marginal access streets, reverse frontage lots or other means to provide protectionfor abutting properties, reduce the number of intersections with the arterial street, andseparate the local and through traffic.

E. Street provisions for future development. Where appropriate, areas shall be reserved forfuture street usage in conjunction with the development of adjacent tracts. Areas reservedfor future street usage will not be required to be improved; however, these areas shall bereserved for street improvements to be provided by the developer of the adjacent tract.Wherever there exists a dedicated or platted area reserved for future street usage along theboundary of a tract being developed, the adjacent street shall be extended into the proposedproject by the developer, provided this use is not adverse to the man-made or naturalfeatures of the site.

(1) Future rights-of-way. Future rights-of-way shall be designed in conformance with thestreet design requirements of this chapter and the contiguous parcels must containproper setbacks and sight distances.

(a) The area within the future right-of-way shall be included within the deeds to theabutting lots with an easement in favor of the Township and landowners of the landinto which the future right-of-way will extend to permit the use of the future right-of-way for public street purposes should the adjoining lands be developed.

(b) The landowners of the lots in which the future right-of-way is included shall have theduty to maintain the area included within the future right-of-way and this duty shallbe indicated in a note on the final plan and in all deeds to such lots.

(c) The landowners of the lots in which the future right-of-way is included shall have noobligation concerning the improvement of such future right-of-way for streetpurposes.

F. Half streets. Half or partial streets (less than the required right-of-way or cartway width) willnot be permitted. All plans shall be designed to provide for the entire required right-of-wayand cartway.

G. Street names. Continuations of existing streets shall be known by the same name. Names fornew streets shall not duplicate or closely resemble names of existing streets within the samepostal area. All new street names are subject to the Lancaster County-Wide Communicationsgranting its approval with all final plan applications. All street names shall conform, whereapplicable, to the local Township plan for street names.

(1) Street signs. All traffic control signs and street name signs shall be indicated on the plansand installed where identified along all new streets and intersections. The design andplacement of such signs shall be in accordance with current PADOT standards andsubject to approval by the Township.

H. Vertical alignments. Vertical street alignments shall be measured along the center line. Theminimum grade of all streets shall be 0.75% and the maximum grade shall be 10%, except forcollector streets which shall be a maximum 8% grade.

(1) Vertical curves shall be used in changes in grade exceeding 1%. The minimum lengths (infeet) of crest vertical curves shall be 20 times the algebraic difference in grade and theminimum length (in feet) of sag curves shall be 30 times the algebraic difference ingrade. For example, if a 3% upgrade is followed by a 4% downgrade, the algebraicdifference in grade is 7 [+3-(-4) = 7]; the minimum length of the vertical curve wouldthen be 140 feet [20 x 7 = 140]. All cut and fill banks shall be a maximum of three-to-oneslope.

(2) Where the approaching grade exceeds 7% on any or all streets at a four-way streetintersection, or the terminating street at a three-way intersection, a leveling area shall beprovided on the street(s) with such excessive grade. Such leveling area(s) shall have amaximum grade of 4% for a minimum length of 75 feet measured from the intersectionof the center lines.

(3) The grade within the diameter of a turnaround at the terminus of a permanent cul-de-sacshall not exceed 5%.

(4) All new streets shall be graded to the right-of-way line.

I. Horizontal alignments. Horizontal street alignments shall be measured along the center line.Horizontal curves shall be used at all changes in excess of 2°. Single, long radius curves shallbe used rather than a series of curves with varying radii and/or a series of short curvesseparated by short, straight segments. The minimum horizontal curve radius for streets shallbe as follows:

Street Classification

MinimumCenter Line

Radius(feet)

MinimumTangentLength

Betw eenReverseCurves(feet)

Privately owned streets; marginalaccess streets; service streets; and cul-de-sac streets serving only residentialunits with a maximum length of 300feet and maximum of 8 units ofoccupancy

100 50

Local street 150 50

Collector street and special collectorstreet

300 150

(1) Perimeter streets. Plans with street locations along the perimeter of a property shall berequired to show building setback lines and clear sight triangles within the adjacentproperties; permission shall be obtained from the adjacent landowner.

(2) Cartway alignment and construction. The center line of the street cartway shallcorrespond with the center line of the street right-of-way. The street cartway shall beconstructed to the end of the frontage of the last lot.

J. New street right-of-way and cartway widths. The minimum street rights-of-way and cartwaywidths for new streets shall be according to Appendix 19 Editor's Note: Appendix 19 is located

at the end of this chapter. and as follows:

StreetClassification Function

Right-of-Way

Cartw ay(feet)

Arterial Street Provides for intercommunitytravel, connecting populationcenters and carrying largevolumes of traffic at speedshigher than desirable on localor special purpose streets.

Designstandardsshall be asspecified bythe PADOTand basedupon theprojectedaverage dailytraffic andspeed limit.

PADOTStandard

CollectorStreet

Provides access to residentialland uses with a density inexcess of four dwelling unitsper acre, industrial land usesand/or commercial land usesand/or serves as the mainentrance or circulation streetin any development.

60 feet 36

SpecialCollectorStreet

Provides a main circulationstreet betweendevelopments and withindevelopments and serves as amain street connectionbetween existing orproposed local collector orarterial roadways. Access tothe street shall be minimizedand restricted to proposedstreet and access drives.Reverse frontage lots shall beutilized to eliminatedriveways along the street.No on-street parking will bepermitted.

50 feet 32

StreetClassification Function

Right-of-Way

Cartw ay(feet)

Local Street Provides access to residentialland uses with a density offour or fewer dwelling unitsper acre and/or institutionalland uses with restrictedparking on one side of thestreet.

50 feet 28

Turn-Aroundof Cul-De-Sac

Permanent 100 feetdiameter

80

Temporary 50 feetdiameter

50

Density bonuses and off-street parking modifications are provided for theutilization of this street classification in the R-2 Zone and clusterdevelopment as defined in Chapter 340, Zoning.

(1) Street improvements.

(a) All street paving must conform to the following specifications, with the exceptionthat the specifications for a street to be dedicated to the Township shall conform tothe specifications contained in Chapter 277 , Streets and Sidewalks, of the Code,should such chapter have more stringent specifications. Where another standardapplies, the plan shall note that the street will be paved to such standard.

(b) The base for local streets and special purpose streets which serve only local,residential traffic shall consist of crushed aggregate of a type specified in the latestedition of the PADOT Manual Form 408 rolled to a minimum thickness of eightinches. The base for all other streets, including but not limited to arterial streets andcollector and special collector streets, shall consist of crushed aggregate of a typespecified in the latest edition of the PADOT Manual Form 408 rolled to a minimumthickness of six inches. No base shall be covered until it is inspected and given finalwritten approval by the Board of Supervisors or its designated representative.

(c) The paved surface for local streets and special purpose streets which serve onlylocal, residential traffic shall consist of hot-mixed, hot-laid materials in two courses,the lower of which (binder course) shall be a bituminous surface (ID-2A) rolled downto two inches in thickness, and the upper of which (wearing course) shall be abituminous surface (ID-2A) rolled down to 1 1/2 inch in thickness. The paved surfacefor all other streets including, but not limited to, arterial streets and special collectorand collector streets, shall consist of hot-mixed, hot-laid materials in two courses,the lower of which (binder course) shall be a bituminous concrete base coursesurface rolled down to four inches in thickness, and the upper of which (wearingcourse) shall be a bituminous surface (ID-2A) rolled down to 1 1/2 inch in thickness.

All finished streets must maintain a 1/4 inch per foot crown for each lane of travelexcept on superelevations and shall conform with the horizontal and verticalalignment of the plan as approved.

(d) All work procedures for the paving of streets shall conform to the requirements ofthe latest edition of the PADOT Manual Form 408.

(e) Wherever street improvements occur along or adjacent to a project site and result ina widened cartway width, a paved transition area shall be provided. The minimumlength (in feet) of the transition area shall be calculated based on the offset distancefrom the edge of the existing cartway to the edge of the widened cartway times 15.For example, if the existing lane width is 10 feet and the proposed lane width is 14feet, the paved transition would be 60 feet ((14-10) x 15 = 60). The pavement sectionfor all transition areas shall be the same as that required for any street widening.

(2) Extension of existing streets. The extension of existing streets which are presentlyconstructed with a cartway different from the standards of this chapter shall beprovided with a transition area, the design of which is subject to Township approval.

(3) Improvement of existing streets and intersections. Where a subdivision or landdevelopment abuts an existing Township and/or state street or will have a traffic impacton an existing Township and/or state street or intersection as indicated by the trafficimpact study performed under § 285-14 of this chapter, the developer shall make thefollowing improvements:

(a) Where the subdivision or land development abuts an existing Township or statestreet, the developer shall dedicate additional right-of-way to the Township or state,as applicable, to the extent necessary to increase the right-of-way width of theexisting street to create a right-of-way width which is equivalent to the right-of-waywidth for new streets of the same classification established by this Subsection J ofthis section. The developer shall improve the existing street to the cartway widthestablished for new streets of the same classification set forth in this Subsection J . Adeveloper shall install curbs in conformance with § 285-28C, sidewalks inconformance with § 285-28B , pavement widening in accordance with thisSubsection J , stormwater management facilities in conformance with Chapter 270,Stormwater Management, and all other necessary or appropriate improvements.Notwithstanding the foregoing, the developer shall also improve state streets inaccordance with the requirements of the PADOT and any conditions which thePADOT may impose upon its granting of a highway occupancy permit.

(b) Where the subdivision or land development is situated only on one side of an existingstreet, the developer shall improve the side of the street abutting the subdivision orland development and, if the traffic impact study demonstrates that improvement ofthe entire cartway width is necessary for adequate, safe and convenient access tothe proposed subdivision or land development, shall improve both sides of thestreet. If the Township requires the developer to improve only the side of the streetabutting the subdivision or land development, the developer shall, in addition to allother required improvements, install 1 1/2 inches of ID-2A pavement overlay from thecenter line of the existing cartway to the limits of the improved cartway width.

(c) Where the traffic impact study indicates that improvements are necessary oradvisable to existing Township and/or state streets and/or intersections within thetraffic impact study area in order: (a) to assure adequate, safe and convenient accessto each lot and/or structure and/or parking compound proposed as part of thedevelopment of the tract; (b) to accommodate the traffic due to the proposeddevelopment; (c) to provide for a level of service and delay for the design year, oryears for phased projects, with the development which is at least equivalent to theprojected level of service and delay for the design year(s) without the proposedsubdivision or development; and/or (d) to preserve the existing convenience ofaccess to or ability to exit from abutting properties which gain access from theexisting street, the developer shall install all such indicated improvements. Thedeveloper shall install additional traffic lanes, traffic dividers, traffic control devices,traffic signals and other measures as appropriate to ensure that the development ofthe tract does not adversely impact the existing street system and/or access to orthe ability to exit from properties gaining access from an affected street. If the trafficimpact study indicates that improvements must be made to a state street, thedeveloper shall also take all action necessary to obtain any PADOT permits and/orapprovals to install the necessary street widening and/or traffic signals or trafficcontrol devices. If the traffic impact study recommends installation of traffic signalsor traffic signal modifications, the developer shall prepare all studies and submit allnecessary applications to enable the installation of the traffic signal or modificationsand shall install the traffic signal or modifications at their cost and expense. If thetraffic impact study indicates that traffic control devices or regulations including, butnot limited to, stop intersections, speed limit reductions or parking prohibitions, arerequired, the developer shall prepare all studies necessary to justify imposition ofsuch regulations in accordance with PADOT regulations and shall pay all costsassociated with the preparation and enactment of an ordinance to establish suchregulations.

(d) The developer shall bear all costs and expenses in connection with the improvementsrequired by this Subsection J(3) . If the developer requires the Township to submitany permit applications or requests for approvals in the name of the Township, thedeveloper shall reimburse the Township for all costs and expenses incurred by theTownship in connection with its review of the application and submission of theapplication to the PADOT or any other governmental agency.

(e) When the Township determines that the required improvements are not feasible atthe present time, the developer shall deposit funds with the Township in the amountof 110% of the cost of the improvements computed in accordance with theprovisions of § 509 of the Municipalities Planning Code. Such funds shall bemaintained by the Township in a general account to be used for trafficimprovements. The developer may request a modification to reduce the amount offunds to be deposited with the Township under this provision. In order to warrantthe granting of such modification, the developer shall make application to theTownship in accordance with § 285-51, Waivers. The developer shall establish theparticular circumstances which are applicable to the development and shalldemonstrate good cause for such modification. The Township Engineer shall make arecommendation to the Township Planning Commission and Board of Supervisorswhether or not and to what extent such requested modification should be granted.

(4) Specific traffic control and access requirements. The following specific traffic controland access requirements shall be met for developments which produce 100 peak-hourdirectional trips:

(a) If any traffic signals are to be installed, the distance between any new and/or existingsignals shall be at least 1,000 feet unless it can be demonstrated that adjacent trafficsignals can operate sufficiently at lesser distances.

(b) Design of proposed development access points shall take into consideration thehorizontal and vertical grades of the existing road network in the traffic impact studyarea to permit safe and convenient access to the site as defined in the latest PADOTstandards and regulations. All modifications required to meet these regulations willbe the responsibility of the developer.

(c) The developer shall demonstrate by using the latest PADOT standards andregulations that the proposed use will not create traffic patterns and movementswhich will jeopardize the traveling public.

[1] Stacking of sufficient length shall be provided in all traffic lanes on the site and offthe site on adjacent roadways to insure that there shall be no blockage ofthrough traffic. The design and length of the stacking lanes shall be justified andsupported by the queuing analysis required as part of the traffic impact study.

[2] Street and/or access drives to and within the site shall be designed in a mannerthat blockage of through traffic by vehicles attempting to enter or exit on thesestreets or access drives will not occur.

[3] Acceleration, deceleration and turning lanes shall be of sufficient lengths toaccomplish their intended use.

(d) If reduction of the speed limit, installation of traffic control devices, limitation ofparking or turning movements or similar measures are required to mitigate trafficimpacts upon Township or state highways, the applicant shall present traffic studiesperformed in accordance with PADOT regulations and Publication No. 201,Engineering and Traffic Study Regulations. The erection or the installation of suchtraffic control devices shall be in accordance with Title 67, Chapter 211, OfficialTraffic Control Devices, of PADOT regulations. If the enactment of an ordinance isnecessary to effectuate the traffic regulations or the installation of the trafficcontrol device, the applicant shall reimburse the Township for all expenses in thepreparation and enactment of the necessary ordinance.

(e) No street shall be located in a manner which would limit access to or exiting fromabutting properties gaining access from the existing street with which a proposedstreet will intersect unless the developer provides such lots with alternate accessfrom the proposed street system in a manner acceptable to each affected lot owner.It shall be the burden of the applicant to demonstrate that such access is acceptableto all owners of an affected lot. For the purpose of this provision, limitation ofaccess shall include the limitation of turning movements into or exiting the abuttingproperty or properties gaining access from the existing street, whether by trafficregulations, installation of barriers to prevent turning movements, installation of

additional traffic lanes in front of a property, or difficulties or delays resulting fromincreased traffic flows.

(f) Where new intersections are being established to serve as access to the proposeddevelopment, these intersections must be designed to at least operate at Level ofService C or better.

(g) For access points to the proposed development and any major intersections wheretraffic signal control may be required or is being proposed, a traffic signal warrantanalysis shall be performed in accordance with the requirements of PADOT'sPublication 201. A left turn lane shall be provided and an analysis shall be completedto determine the type of signal phasing required.

(h) Emergency traffic signal preemption shall be addressed and provided as required.

(i) Additional left and right turning lanes shall be provided to address the existingroadway site conditions and access to the proposed development.

(j) An agreement between the Township and developer shall be provided with regard tooperating expenses and maintenance of proposed traffic signals.

(k) Additional through lanes and lane transitions of sufficient length shall be provided toallow smooth traffic flow to existing traffic lanes thus minimizing congestion, delaysand or blockage of through traffic within the proposed improvement area. Thedesign and length should be justified and supported by the queuing analysis requiredas part of the traffic impact study.

(l) Sidewalks shall be provided along the property frontage and within the development.

(5) Street construction specifications.

(a) Streets must be surfaced to the grades and dimensions drawn on plans, profiles, andcross-sections submitted by the developer and approved by the Township. Beforepaving the street surface, the developer must install required utilities and providesubsurface drainage for the streets in accordance with Chapter 270, StormwaterManagement.

(b) The construction of all streets shall comply with current Township standards andspecifications as provided in Appendix 19 Editor's Note: Appendix 19 is located at the

end of this chapter. of this chapter and based on the construction standards inPADOT, Form 408.

(c) The Township shall decide if a collector or arterial street is required as direct resultof the construction of the development, in which case the developer is responsiblefor paving the additional width required for such streets.

K. Street intersections.

(1) Multiple intersections involving the junction of more than two streets are prohibited.

(2) The distance between the center line of streets opening onto the opposite sides ofexisting or proposed streets shall be no less than 150 feet between center lines,measured along the center line of the street being intersected.

(3) The distance between the center line of streets intersecting a collector or local streetshall be no less than 300 feet measured along the center line of the street beingintersected.

(4) Intersections with arterial streets shall be located not closer than 1,000 feet, measuredfrom center line to center line, along the center line of the arterial street beingintersected.

(5) Right angle intersections shall be used whenever possible. No street shall intersectanother at an angle of less than 75°.

(6) The cartway edge at street intersections shall be rounded by tangential arc with aminimum radius of 20 feet for local streets and 30 feet for intersections involving majorstreets. The right-of-way radii at intersections shall be substantially concentric with theedge of the cartway.

(7) Where appropriate, the Board of Supervisors may require additional traffic lanes tofacilitate turning movements at existing or proposed street intersections within orbordering the site. These additional lanes, including acceleration/deceleration lanes andlane transition areas, shall be provided in accordance with the latest PADOT standardsand regulations.

(8) Where curbs and sidewalks are required or provided, clearly marked crosswalks shall beprovided at all intersections. Crosswalks may also be required by the Board ofSupervisors at other locations to promote the convenience and safety of pedestriantraffic. The design of crosswalks and the materials used shall be consistent with thePADOT 408 Specifications.

L. Sight distance at street intersections.

(1) There shall be provided and maintained at all intersections a clear sight triangle easementor dedicated right-of-way which shall include the area on each street corner that isbounded by a line of sight triangle between points from the intersection of the streetcenter lines for the distance shown in Appendix 20. Editor's Note: Appendix 20 is located at

the end of this chapter. Clear sight triangles shall be indicated on all plans, and a note shallbe provided on the plans which states that no structures, landscaping or grading may beconstructed, installed or performed within the area of the clear sight triangle whichwould obscure the vision of motorists. Deeds to lots which contain clear sight trianglesshall provide that no structure, landscaping or grading shall be erected, installed orperformed within the area of the clear sight triangle which will obscure the vision ofmotorists.

(2) Proper sight distance shall be provided with respect to both horizontal and vertical roadalignments at all intersections. The sight distance shall be measured from a line 10 feetback from the edge of the cartway of the intersected street perpendicular to the centerline of the intersecting street. The sight distance shall be determined by the design

speed of the road and the grade of the intersected street in accordance with Appendix21 Editor's Note: Appendix 21 is located at the end of this chapter. or by using the formula: D =

[1.47Vt+(V2/30(F+G))] where D = distance, V = speed of the oncoming vehicle in mph, t =

the reaction time of the driver, F = the coefficient of friction on the vehicle, and G =grade of the intersected street. The driver's eye height shall be 3.5 feet above theproposed access surface and roadway surface and the vehicle's height shall be 4.25 feetabove the access surface and highway pavement surface.

(3) All streets intersecting a state route shall be subject to the approval of the PADOT. Theminimum sight distance requirements for such intersections shall be provided based oncurrent PADOT standards and regulations.

(4) Lot access.

(a) The Board of Supervisors may disapprove any point of ingress or egress to any lot,tract, parcel or development from any Township road when the proposed ingress oregress would create unsafe conditions, or result in substandard circulation andimpaired vehicle movement.

(b) The Board of Supervisors may require the applicant to provide ingress and egress toa particular lot or tract through the remainder of the property or other propertiesover which the applicant has control.

(c) In recommending approval of ingress or egress from any state road or highway, theBoard of Supervisors can only recommend those access points that are not inconflict with safety standards of the PADOT. A highway occupancy permit isrequired for each access point onto a state road or highway.

M. Cul-de-sac streets. A cul-de-sac will not be approved when a through street is moreadvantageous. Permanent cul-de-sac streets shall not exceed a center line distance of 600feet in length, nor be less than 250 feet in length, measured from the center line intersectionwith a street which is not a cul-de-sac to the center of the cul-de-sac turnaround. Temporarycul-de-sac streets shall not exceed 800 feet in length, measured from the center lineintersection with a street which is not a cul-de-sac to the center of the cul-de-sacturnaround. Any street which is terminated for access to an adjoining property shall beprovided with an all weather turnaround meeting the permanent cul-de-sac specifications.Streets which are terminated because of authorized stage development shall be providedwith a temporary all weather turnaround. The use of such turnaround shall be maintainedand provided for until such time as the street is extended. The construction of that portionof a street extending from any temporary cul-de-sac, within a phased development, to anadditional planned access point to the subdivision or land development shall be guaranteeduntil actual construction of the street is completed. All cul-de-sac streets, whetherpermanently or temporarily designed, shall be provided at the closed end with a fully pavedturnaround to the specifications stated in Subsection J of this section.

N. Future access strips. Future access strips are rights-of-way reserved for future streetimprovements. They shall be designed in conformance with the design requirements of astreet, and the contiguous parcels must contain proper setbacks and sight distances.

O. Service streets (alleys). Service streets are permitted only where required to provide directdriveway access to major streets. Additional use of service streets may be permitted via thewaiver process, provided that the applicant produces evidence satisfactory for the need, andprovided these are not the primary means of access.

(1) Where permitted, service streets shall have a minimum paved width of 20 feet; however,where service streets serve parcels on only one side, the Commission may permit apaved surface of not less than 12 feet.

(2) No part of any dwelling, garage or other structure shall be located within 16 feet of thecenter line of a service street.

(3) Dead end service streets should be avoided, but where this proves impossible, dead endservice streets shall be terminated with a paved, circular turnaround with a minimumradius to the outer pavement edge of 40 feet.

(4) Service street intersections shall be designed in accordance with Subsections K and L ofthis section.

(5) Driveways. Driveways shall provide access to single-family dwellings in accordance withthe following:

(a) Driveways shall be so located as to provide reasonable sight distances atintersections with streets and be protected with the required clear sight triangle inaccordance with Subsection L(1) , above.

(b) All lot configurations and land development designs shall provide for drivewayswhich are not less than 40 feet from the edge of the right-of-way of any streetintersection, not less than five feet of a fire hydrant, or not less than three feet ofadjoining lot lines except for shared driveways.

(c) Access shall be provided to the street of lesser classification when there is more thanone street classification involved.

(d) Driveways shall be paved with bituminous concrete or an equivalent dust-freestabilized material from the edge of the street cartway to the right-of-way line forthe lot and be provided in a manner which will not interfere with the normal trafficmovement or be inconsistent with the design, maintenance and drainage of thestreet.

(e) Driveway location shall be delineated on all land development plans; however,subdivision plans may delineate locations or include a notice of conformity to thisspecification.

(f) Driveways shall have a minimum width of 10 feet for single-family dwellings and 16feet for shared driveways; however, in any case, the maximum width shall not exceed24 feet.

(g) Driveway profiles shall conform to the slope guidelines in accordance with Appendix22. Editor's Note: Appendix 22 is located at the end of this chapter.

(h) Any driveway intersecting with a state owned road shall require the obtainment of adriveway permit from the PADOT.

(i) Shared driveways may be required to minimize access points along existing andproposed roadways and access drives.

(j) Joint use and maintenance responsibility shall be clearly defined on the deeds forindividual lots utilizing shared driveways. These deeds and/or agreements shall beprovided to the Township for review before they are recorded.

P. Access drives. Access drives shall have the following characteristics: (1) a property whichutilizes access drives shall maintain frontage along a public or private street; (2) anapplication that proposes access drives shall be accompanied by an agreement which shallbe recorded with the final plan and which shall establish the conditions under which theaccess drives will be maintained. A profile of the proposed access drive shall be submitted;however, recording of the profiles is not required; (3) the final plan, for recordation with theLancaster County Recorder of Deeds, shall include a plan note which identifies: (a) thespecific access drives; (b) the recorded maintenance agreement; and, (c) a notification thatthe access drives do not qualify for dedication to the Township and that the Township willnot assume any responsibility for their maintenance.

(1) The cartway of all access drives shall be constructed with a minimum six-inch crushedaggregate base course and a 2 1/2 inch surface course of materials specified in the latestedition of the PADOT Manual 408 or another dust-free material suitable to the Board ofSupervisors. Additionally, all work procedures shall conform to the latest edition of thePADOT Manual 408.

(2) Access drives do not require a specific right-of-way; however, the following standards forcartway width shall apply.

FunctionCartw ay Width

(feet)

Two lanes of traffic with on-street parking 36

Two lanes of traffic without on-street parking 24

One lane of traffic with one lane of on-street parking 20

One lane of traffic without on-street parking 12

NOTES:

* Off-street park ing compounds must be provided in accordancew ith § 285-28 of this chapter and the prohibition of on-streetpark ing must be identified along the cartw ay.

** The one-way direction of traffic must be identified along the cartway.

(3) No part of any structure shall be located within 30 feet from the cartway edge of anaccess drive.

(4) The vertical and horizontal alignments of access drives shall conform to thespecifications for local streets as stated in Subsections H and I , respectively.

(5) Access drive intersections shall conform to the specifications for local streets as stated inSubsections K and L.

(6) Access drives which form a cul-de-sac shall not exceed 1,600 feet in length, measuredfrom the center line intersection of a street or access drive which is not a cul-de-sac.Access drive culs-de-sac which do not terminate in a parking compound shall beprovided at the terminus with a fully paved turnaround. The turnaround shall bedesigned in accordance with one of the following methods:

(a) An eighty-foot paved diameter.

(b) T-shaped turnaround with a twelve-foot width and the flared portions rounded byminimum radii of 20 feet.

(7) Access drives shall be located as to provide reasonable sight distances at intersectionswith streets and shall be protected with the required clear sight triangle in accordancewith Subsection L(1) , above.

(8) Any access drive intersecting with a state owned road shall require the obtainment of aPADOT driveway permit.

Q. Emergency access requirements. All subdivisions or land developments containing 50 ormore dwelling units or nonresidential buildings containing 20,000 or greater square feet ofgross floor area shall be provided with at least two separate and distinct means of access forthe subdivision or land development.

(1) Access may be provided through the location of two or more public or private streets,each of which intersects with an existing public street. Such public or private streets shallmeet all the requirements of this chapter concerning design and construction.

(2) Access for a land development may be provided through two or more driveways into theland development. Such driveways shall be separated by a distance of at least 150 feetand shall comply with all requirements of this chapter.

(3) If the applicant is unable to provide access to the subdivision or land developmentthrough two or more public or private streets, each of which intersects with an existingpublic street, or two or more driveways which intersect with one or more existing publicstreets, an emergency access shall be provided.

(a) The emergency access shall be improved so that emergency vehicles may safelytransverse it and shall be indicated on the plans.

(b) The emergency access shall be accessible to the providers of emergency serviceswithin the Township. Applicants proposing to provide emergency access shall submitevidence of such approval.

(c) The emergency access may be located so that access to the subdivision or landdevelopment is gained from a public street at a location unsuitable for regularaccess with an existing public street.

(d) The emergency access may be located so that access is gained from an adjacenttract. For example, a subdivision or land development adjoining a parking lot ofanother use may provide emergency access through a point with a break chain.Applicants with plans indicating emergency access through an adjoining private tractshall provide evidence that the adjoining property owner has consented to suchemergency access location.

§ 285-28. Vehicular parking facilities, sidewalks and curbs.

A. Parking areas. Off-street vehicular parking facilities shall be provided in accordance with theregulations set forth in Chapter 340, Zoning, which regulations are incorporated herein byreference. Vehicular parking facilities for land uses other than detached single-familyresidences shall be designed in accordance with the following provisions:

(1) Parking facilities shall not be permitted within 10 feet of a side or rear property line unlessformal arrangements, satisfactory to the Township, have been made for theestablishment of a common parking facility.

(2) Parking spaces shall be guarded by curbs or other protective devices, which are arrangedso that parked cars cannot project into the streets, yards or walkways.

(3) Interior drives between rows of parking spaces shall have the minimum widths indicatedin the following table:

Minimum Width(feet)

Angle of Park ing One-Way Traffic Tw o-Way Traffic

90° 25 25

60° 20 22

45° 18 22

30° 11 22

Parallel 11 22

(a) Interior drives in areas where there is no parking permitted shall be at least 11 feetwide for each lane of traffic.

(b) The following lists required minimum space sizes in feet: Standard car spaces: Parallel-23 by eight; Nonparallel-19 by nine.

(c) Reference Appendix 23 Editor's Note: Appendix 23 is located at the end of this chapter. forparking lot configuration guidelines.

(4) Not less than a four-foot radius of curvature shall be permitted for horizontal curves inparking areas.

(5) All dead end parking lots shall be designed to provide sufficient backup area for all endstalls.

(6) All parking lots shall be adequately marked and maintained for the purpose of definingparking spaces and interior drives. As a minimum, the lines of all parking spaces andinterior drives (including directional arrows, etc.) shall be solid white and four inches inwidth. Painted lines, arrows and dividers shall be provided and maintained to controlparking, when necessary to direct vehicular circulation. Parking areas for over 30 vehiclesshall be divided by permanent raised curbing that clearly defines parking spaces fromdesignated access lanes.

(7) Parking areas, main entrances, exits, streets and pedestrian areas shall be provided withlights such that the areas are illuminated to the standards as indicated in Appendix 24.Editor's Note: Appendix 24 is located at the end of this chapter.

(8) All parking areas shall provide for sufficient handicapped accessibility in the design ofsidewalks, ramps, curbs and related facilities including the number of specifichandicapped parking spaces in accordance with applicable federal, state or localregulations.

(9) All parking lots shall be constructed and maintained with a paved surface of concrete orbituminous materials, or another dust-free surface, approved by the Board ofSupervisors.

(10) Every parking lot shall be connected to a street by means of an access drive. This accessdrive shall be at least 12 feet wide for each travel lane.

(11) Parking lots shall be provided with adequate facilities to collect and convey stormwaterin accordance with Chapter 270, Stormwater Management.

(12) Buffer planting shall be provided where parking compounds are adjacent to residentialproperties. The buffer planting area shall be at least 15 feet wide. Buffer planting shall beinstalled in accordance with § 285-34A of this chapter.

(13) Speed bumps.

(a) Speed bumps, constructed as part of access drives or parking lots, shall be markedwith permanent, yellow diagonal stripes.

(b) The speed bumps shall be in the form of mounds or depressions in the pavementand shall be designed to restrain motor vehicle speed.

(c) There shall be a warning sign posted at each entrance to a parking area having speedbumps.

(d) In no case shall the overall height (or depth) of speed bumps exceed three inches.

B. Sidewalks. Sidewalks shall be provided in accordance with the following specifications, withthe exception that the specifications for sidewalks to be located within a public street right-of-way will be superseded by any other Township ordinance, resolution, or regulationadopted prior to the preliminary plan submission date and containing different specificstandards. Where another Township standard applies, the plan shall note that the sidewalkwill be provided to such standard.

(1) Sidewalks shall be provided in all projects with an average density in excess of twodwelling units per acre. Additionally, sidewalks shall be required in the followingcircumstances:

(a) To continue existing sidewalk systems to the terminus of a service area or block.

(b) To provide access to vehicular parking compounds.

(c) To provide access to and/or within a commercial, industrial or community facility.Sidewalks which are provided as part of such nonresidential facilities shall bedesigned and constructed to service the projected pedestrian needs. Where unusualor particular conditions prevail with respect to prospective traffic and/or safety ofpedestrians, the Township may require specific standards of improvement.

(d) Whenever curbs are required in accordance with § 285-28C(1) .

(2) Sidewalks shall be designed and constructed in accordance with the following standards:

(a) Sidewalks which are provided as part of a residential subdivision plan shall be locatedalong the side(s) of the street upon which lots front. These sidewalks shall beconstructed in accordance with the specifications incorporated in Appendix 2Editor's Note: Appendix 2 is located at the end of this chapter. and shall be located withinthe street right-of-way.

(b) Sidewalks which are provided as part of a residential land development plan shall belocated along the existing street frontage of the tract, along one side of proposedstreets and/or access drives through the project, and adjacent to vehicular parkingcompounds. These sidewalk locations may be varied if, in the judgment of theTownship, the proposed alternate system meets the projected need for pedestriancirculation. Sidewalks located adjacent to public streets shall be constructed inaccordance with the specifications incorporated in Appendix 2 Editor's Note: Appendix

2 is located at the end of this chapter. and shall be located within the street right-of-way line as shown in Appendices 19 and 19A. Editor's Note: Appendices 19 and 19A are

located at the end of this chapter. Sidewalks located adjacent to driveways; accessdrives and parking compounds may be constructed of any material acceptable to thedeveloper. Such sidewalks need not be located at any prescribed setback, however,the sidewalk area must be physically divided from the driveway or parking areas (e.g.,curb, grass strip).

(c) Pedestrian easements, which may be required by the Township to facilitatepedestrian circulation or to give access to community facilities, shall have a

minimum right-of-way width of 10 feet and a walkway width of four feet. Thiswalkway shall be improved to the standards assigned by the authority which acceptsthe easements.

(d) All sidewalks shall provide for sufficient handicapped accessibility in the design ofsidewalks, ramps, curbs and related facilities in accordance with applicable federal,state or local regulations.

C. Curbs.

(1) Curbs shall be provided on all new streets in subdivisions, along all existing streetsabutting a subdivision or land development, and along all new parking compounds inland developments. Notwithstanding the foregoing, curbs shall not be required withinthe Agricultural, Rural Estate, Conservation or Quarry Zones as identified as part ofChapter 340, Zoning. Additionally, curbs shall be required to continue existing curbsystems to the terminus of a service area, blocks or developments regardless of thezoning district changes within a development.

(2) All curbs shall be vertical or straight curb and shall be constructed in accordance with thespecifications incorporated in Appendix 1. Editor's Note: Appendix 1 is located at the end of

this chapter.

(3) Slant curbs may be utilized in projects when the average density of the proposeddevelopment exceeds four dwelling units per acre. All slant curb shall be constructed inaccordance with the specifications incorporated in Appendix 1.

§ 285-29. Blocks and lots.

A. The configuration of blocks and lots shall be based upon the lot area requirements, thesalient natural features, the existing man-made features and the proposed type of structure.Lot configurations should provide for flexibility in building locations, while providing safevehicular and pedestrian circulation. Lots with areas that are two or more times theminimum requirements shall, wherever feasible, be designed with configurations which allowfor additional subdivision.

B. Residential blocks. All blocks in a residential subdivision shall have a maximum length of 1,600feet.

C. Nonresidential blocks. Blocks in nonresidential areas may vary from the requirement ofSubsection B , above, when required by the nature of the use. Adequate provisions shall bemade for off-street parking, loading areas and traffic circulation.

D. Lot and parcel configuration. Lot and parcel configuration shall conform to Chapter 340,Zoning, and the following requirements:

(1) Whenever practical, side lot lines shall be radial with or perpendicular to street lines.

(2) In order to avoid jurisdictional problems, lot lines shall, wherever feasible, followmunicipal boundaries rather than cross them. Where a lot is divided by a municipalboundary, the minimum standard of both municipalities shall apply.

(3) All lots shall contain an average depth of not more than three times their width.

(4) All lots shall front on a street and maintain a minimum lot frontage of 2/3 the width of thelot at the building setback line. This requirement will not apply to flag lots as permittedby Chapter 340, Zoning.

(5) Double frontage lots are prohibited except where provided as reverse frontage lots.Reverse frontage lots are only permitted when a reduction of driveway intersectionsalong a street with a high volume of vehicular movements is desired. All reverse frontagelots shall include an identification of the frontage for use as a road access.

(6) All residential reverse frontage lots shall have a rear yard with a minimum depth of 75feet measured at the shortest distance from the proposed dwelling unit to the streetright-of-way and shall, within each rear yard and immediately adjacent to the street right-of-way, have a planted buffer easement of at least 10 feet in width, across which thereshall be no vehicular access. (See § 285-34A , Buffer planting.)

(7) All remnants of land (areas remaining after subdivision) shall conform to the lot area andconfiguration requirements.

E. Lot size and/or intensity. Lot areas, number of units of occupancy and intensity ofdevelopment shall be provided in accordance with the regulations set forth in Chapter 340,Zoning, subject to the provisions of § 508(4) of the Municipalities Planning Code.

§ 285-30. Building setback lines and building separations.

Building setback lines and building separations shall be provided in accordance with the regulationsset forth in Chapter 340, Zoning, subject to the provisions of § 508(4) of the Municipalities PlanningCode.

§ 285-31. Easements.

Easements for sanitary sewer facilities, stormwater drainage facilities, public utilities or pedestrianaccess shall meet the following standards:

A. To the fullest extent possible, easements shall be adjacent to property lines.

B. Nothing shall be placed, planted, set put or maintained within the area of an easement thatmay adversely affect the function of the easement or conflict with the purpose orarrangement of the easement. This requirement shall be noted on the final plan and shall beincluded in all deeds for any lot which contains an easement.

C. Pedestrian easements shall have a minimum width of 10 feet.

D. Utility easements shall have a minimum width of 20 feet, and all utility companies areencouraged to use common easements.

E. The applicant shall reserve easements where stormwater or surface water drainage facilitiesare existing or proposed, whether located within or beyond the boundaries of the property.Easements shall have a minimum width of 20 feet and shall be adequately designed to

provide area for: (1) the collection and discharge of water; (2) the maintenance, repair andreconstruction of the drainage facilities; and (3) the passage of machinery for such work. Theeasements shall clearly identify who has the right-of-access and responsibility formaintenance. At the option of the Township the developer shall dedicate such drainageeasements and/or drainage facilities to the public use.

F. Where any petroleum or petroleum product transmission line traverses a subdivision or landdevelopment, the applicant shall confer with the applicable transmission or distributioncompany to determine the minimum distance which shall be required between eachstructure and the center line of such petroleum or petroleum product transmission line.Additionally, the Township will require, with the final plan application, a letter from theowner of the transmission line stating any conditions on the use of the tract and the right-of-way width, or a copy of the recorded agreement which shall contain the above data.

§ 285-32. Survey monuments and markers.

A. Permanent stone or concrete monuments shall be accurately placed along at least one sideof each street at the beginning and end of all curves and at all angles.

B. Markers shall be set at all points where lot lines intersect curves and/or other property lines.

C. Monuments shall be of concrete or stone with a flat top, having a minimum width or diameterof four inches and a minimum length of 30 inches. Concrete monuments shall be markedwith a 3/4 inch copper or brass dowel, stone or precast monuments shall be marked on thetop with a proper inscription and a drill hole. Markers shall consist of iron pipes or steel barsat least 30 inches long and not less than 3/4 inch in diameter.

D. All monuments and markers shall be placed by a registered engineer or surveyor so that thescored or marked point shall coincide exactly with the point of intersection of the lines beingmonumented or marked.

E. All existing and proposed monuments and lot line markers shall be delineated on the finalplan.

§ 285-33. Stormwater management, erosion and sedimentation andfloodplain controls.

A. Stormwater management, erosion and sedimentation and floodplain control. All stormwatermanagement facilities including, but not limited to, stormwater carrying structures, erosioncontrol measures, debris or sediment basins and retention and detention structures shall bedesigned in accordance with Chapter 270, Stormwater Management. This information maybe provided on a sheet with other data, if legible, or in separate sheets and need notnecessarily be recorded with the final plan. In the case of any dispute in methodology used inthe design of any stormwater management plan and/or in the presentation of suchinformation, the Board of Supervisors shall make the final determination on design criteria,methodology and form of presentation.

B. Floodplain. Floodplain areas shall be established by the provisions of Chapter 340, Zoning.

(1) Whenever a floodplain corridor is located within or along a proposed land development,the plan shall include the location of the floodplain corridor with a plan note that: (1) thefloodway shall be kept free of structures, fill and other encroachments; and, (2) anystructures located within the floodway fringe shall be flood-proofed to the limits of thefloodplain corridor.

(2) Any plans for the alteration of a watercourse shall be incorporated into the design plansand subject to approval by the Township.

(3) The inclusion of floodplain lands within lots in order to meet minimum lot area and/oryard requirements is allowed provided the floodway area is excluded in the minimum lotarea calculations. Additionally, the floodplain and/or floodway area shall be identified byelevation or by approximate distance from the center line of the stream channel.Floodplain and floodway lines need not be identified by distances and bearings.

(4) Development within the flood fringe areas for a one-hundred-year floodplain as definedby this chapter shall be accompanied with an evacuation plan. Additionally, thisevacuation plan shall be filed with the appropriate disaster preparedness authorities, ifany. Such evacuation plan shall indicate alternative vehicular access and escape routes.

§ 285-34. Landscaping.

A. Buffer planting.

(1) Buffer planting shall be provided along the rear of reverse frontage lots. Parking andbuilding are prohibited within the buffer area.

(2) The use of the buffer area for accessways shall be limited. Buffer areas shall include asuitable and uninterrupted evergreen planting of sufficient height and density to givemaximum screening. Such screening shall be permanently maintained and replacedwhere necessary to present an attractive appearance. Existing tree, evergreen andwooded areas shall be utilized in providing a buffer area if the screening density can beproven to be equal to or better than the requirements of § 340-37 , Screening andlandscaping requirements, of Chapter 340, Zoning. It is recommended that a landscapearchitect registered by the Commonwealth of Pennsylvania be utilized to insure theproper use, arrangement and selection of existing and proposed plant material and toprovide an aesthetically pleasing effect.

B. Existing wooded areas. Existing wooded areas shall be protected to prevent unnecessarydestruction. At least 15% of the number of trees (minimum trunk caliper of five inches at sixinches above ground) that exist at the time of plan submission shall be maintained orreplaced immediately following construction. Replacement trees shall be a minimum trunkcaliper of two inches at a height of six inches above finished grade and located withinunbuildable sections of the site (e.g., floodplain, steep slope and setback areas).

C. Street trees. Street trees shall be required to be provided by the applicant when any newstreet construction is proposed and in accordance with the following standards:

(1) The trees shall be nursery grown in a climate similar to that of the locality of the project.Varieties of trees shall be subject to the approval of the authority which acceptsownership of the street.

(2) All trees shall have a normal habit of growth and shall be sound, healthy, and vigorous;they shall be free from disease, insects, insect eggs and larvae.

(3) The trunk diameter, measured at a height of six inches above finished grade, shall be aminimum of two inches.

(4) Trees shall be planted between the street right-of-way line and the building setback lineexcept where the Township has authorized placement of trees within the street right-of-way. The tree growth shall not interfere with the street cartway, sidewalk or utility line.

(5) All planting shall be performed in conformance with good nursery and landscape practiceand to the standards established by the authority which accepts ownership of theplantings.

(6) Requirements for the measurements, branching, grading, quality, balling and theburlapping of trees shall follow the code of standards recommended by the AmericanAssociation of Nurserymen, Inc., in the American Standard for Nursery Stock, ANSIZ60, 1-1973, as amended.

(7) One street tree shall be provided for each building containing two or fewer dwelling unitsand two trees for buildings containing three or more dwelling units.

(8) A minimum of one street tree shall be provided for each residential lot, and spaced notfewer than 40 feet nor more than 60 feet apart along the entire length of each existingor proposed street. In commercial and industrial zoning districts, street trees shall beprovided and spaced not fewer than 40 feet nor more than 60 feet apart along eachstreet frontage.

(9) Proposed street tree locations shall be identified on a plan to be provided to theTownship and approved by the Board of Supervisors.

(10) Street trees may be one of the following species:

Acer rubrum cultivars Red Maple

Acer saccharum Sugar Maple

Fraxinus pennsylvania Green Ash

Gleditsia triacanthos inermis Thornless Honey Locust

Ginkgo biloba Ginkgo

Nyssa sylvatica Black Tupelo

Ostrya virginiana Hop Hornbeam

Quercus acutissima Sawtooth Oak

Quercus coccinea Scarlet Oak

Quercus palustris Pin Oak

Quercus phellos Willow Oak

Quercus rubra Red Oak

Tilia cordata Littleleaf Linden

Tilia x euchlora Crimean Linden

Tilia tomentosa Silver Linden

Ulmus parvifolia Lacebark Elm

Zelkova serrata Japanese Zelkova

Liquidambar styraciflua American Sweetgum

D. Ground cover. Ground cover shall be provided on all areas of the project to prevent soilerosion. All areas which are not covered by paving, stone or other solid material shall beprotected with a vegetative growth.

E. Grading and excavation. If a preliminary plan was required and contours identified, then, forall subdivisions and land developments which propose or will result in earth movingoperations, a grading plan shall be provided. Such plan will identify the limits of grading andexcavation by including existing/proposed contours, finished grades, ground floor elevations,direction of stormwater flows and any other relevant information deemed necessary toenable construction. This requirement will not be required for those plans which involve onlythe transfer of land with no proposed earth moving activities. Deviations from the gradingdepicted on the approved plans may be permitted during construction as authorized by theTownship to allow some flexibility so long as positive drainage is maintained in accordancewith the approved plan concept.

§ 285-35. Sanitary sewage disposal and water supply.

A. Sanitary sewage disposal. The applicant shall provide the highest type of sanitary sewagedisposal facility consistent with existing physical, geographical, geological and economicconditions. The following types of sanitary sewage disposal facilities are listed in order ofdesirability: (1) publicly owned sanitary sewage system; (2) privately owned sanitary sewagesystem used by two or more units of occupancy with treatment other than subsurfaceabsorption or holding tank; (3) privately owned sanitary sewage system used by one unit ofoccupancy with subsurface absorption. The method of sanitary sewage disposal shall beapproved by the Township. All public sanitary sewerage facilities shall be constructed inaccordance with the requirements of the Authority.

(1) When the Township, in accordance with the Pennsylvania Sewage Facilities Act, Act 537 of1966, as amended, determines the necessity for a sewer facilities plan revision (planrevision module for land development), or supplement, the Township shall require thatnotice of approval from the DEP be submitted as a condition of final plan approval.

(2) Each subdivision or land development shall be connected to a public sanitary seweragesystem operated by the Authority when such subdivision or land development shall bewithin 1,000 feet of a sanitary sewer main owned or scheduled to be transferred ordedicated to the Authority. Any preexisting dwelling unit structure located within 150feet from any existing sewer main owned or scheduled to be transferred or dedicated tothe Authority shall be required to connect to the system. When connection to anexisting sanitary sewer system is proposed by the extension of an existing main, the finalplan application shall include a statement from the Authority or organization providingsuch service indicating the approval of the plans for design, installation and possiblefinancial guarantees.

(3) Where on-lot sewage disposal is proposed, each lot to be created shall contain a suitablelocation for the installation of an initial individual on-lot sewage system. Each lot to becreated shall also contain a suitable location for the installation of a replacement on-lotsewage system which shall comply with all regulations issued by the DEP concerning on-lot sewage systems, including isolation distances, and with the terms of this chapter andany other applicable Township ordinances. The applicant shall perform all tests requiredby the DEP and all other Township ordinances for the location of an on-lot sewagesystem to confirm the suitability of the initial and replacement locations for the on-lotsewage disposal systems. The Sewage Enforcement Officer shall perform or observe alltests required by this section.

(4) Neither the initial nor the replacement location shall be excavated, graded, filled orotherwise disturbed in any manner which would prevent its use as a future location foran on-lot sewage disposal system during development of the lot. No permanent ortemporary improvements of any character other than the planting of trees, shrubs, orother plant matter shall be installed or constructed upon the replacement locationunless the person who desires to install or construct such improvements shalldemonstrate to the satisfaction of the Sewage Enforcement Officer that an alternatereplacement location which complies with all applicable Township ordinances and allregulations of the DEP exists upon the lot. If such an alternate replacement location shallbe identified, the alternate replacement location may be considered to be thereplacement location required by this section, shall be designated as the replacementlocation, and the plans shall be accordingly revised and submitted to the Township. Thenewly designated replacement location shall thereafter be considered the replacementlocation for the purposes of this chapter.

B. Water supply. All units of occupancy shall be provided with a potable supply of water in anamount sufficient to meet the anticipated requirements of the prospective occupants.

(1) If water is to be provided by means other than private wells owned and maintained by theindividual owners of lots within the subdivision or land development, the applicant shallpresent evidence that the subdivision or land development is to be supplied by acertificated public utility, a bona fide cooperative association of lot owners, or by the

Authority. A copy of a certificate of public convenience or an application for suchcertificate, a cooperative agreement or a commitment to serve the area in question,whichever is appropriate, shall be acceptable evidence.

(2) Each subdivision or land development shall be connected with a public water distributionsystem operated by the Authority when such subdivision or land development shall bewithin 1,000 feet of a water main owned or scheduled to be transferred or dedicated tothe Authority. All water mains, laterals, hydrants and related accessories required toprovide service to the proposed subdivision or land development shall be designed andinstalled in accordance with the Authority's specifications and regulations at thedeveloper's expense.

(3) When connection to the Authority's public water distribution or to any other existingwater supply system is proposed by the extension of an existing main, the final planapplication shall include a statement from the Authority or other entity providing suchservice indicating approval of the plans for the design, installation and possible financialguarantees.

(4) Where a subdivision or land development containing or projected to contain 25 or moreunits of occupancy is not located within 1,000 feet of a public water distribution ownedby the Authority, water shall be supplied through a community water supply anddistribution system. Such water system shall be constructed in accordance with theapplicable regulations of the DEP and the policies and procedures of the Authority andall required permits and approvals shall be obtained.

(5) Where water is to be provided by means of private wells owned and maintained by theindividual owners of lots within the subdivision or land development, the applicant shallpresent evidence that such wells may be safely located upon the lots in accordance withthe regulations of the DEP. The applicant shall demonstrate that the groundwaterrecharge on the tract in question after development computed during droughtconditions (periods when precipitation is 40% below normal) will exceed the anticipatedwater usage figures computed by using the DEP figures of 3.5 persons per dwelling unitand average daily usage of 100 gallons per person per day where residential usage iscontemplated. Where nonresidential usage is contemplated a water usage estimate shallbe provided which shall be approved by the Township Engineer, and the groundwaterrecharge after development computed during drought conditions shall exceed theanticipated usage. If the subdivision or land development is located in an area which hasbeen previously demonstrated to have a concentration of nitrates in well water ofgreater than 10 ppm, the applicant shall present evidence that potable water, inaccordance with the standards of the DEP for potability, shall be able to be providedthrough wells.

(6) If the subdivision or land development shall be served by either a water distributionsystem operated by the Authority or a community water supply system which has orshall have within two years from the date of final plan approval the capability to servicefire hydrants, fire hydrants shall be provided. The location and kind of fire hydrant shallmeet the specifications of the Authority, the fire company which will provide service tothe subdivision or land development and the Township. A copy of the approval of suchfire hydrant system by the entity which shall provide water service shall be submitted

with the final plan. An agreement for the ownership and maintenance of the fire hydrantsystem shall be submitted with the final plan.

(7) Aquifer test required. Prior to installation of any new water system or the subdivision ofland into lots which would be served by individual wells in area or in proximity to areas ofknown groundwater contamination or inadequate yields of potable supplies, aquifer andwater tests shall be performed.

(a) Areas of known groundwater problems shall include:

[1] Contaminated aquifers, including designated cleanup sites.

[2] Areas with documented water quantity or quality problems, including pollutantsin excess of federal safe drinking water standards.

(b) Aquifer test standards and procedures. No person shall develop land within an areaof known groundwater quantity problems without administering and passing on saidland the aquifer test required by this section in compliance with the followingobjectives, standards, methods and procedures:

[1] Test objective. The objectives of an aquifer test shall be one or more of thefollowing:

[a] To obtain sufficient data for the calculations of aquifer performance,including the coefficients of transmissibility and storage, permeability andspecific yield.

[b] To determine the location and character of geologic boundaries.

[c] To ascertain the effects of well interference.

[d] To provide a guide in the spacing of wells for the development of a well field.

[2] Test standard. The aquifer test shall establish that the proposed well is capable ofsupplying potable water at the minimum rate of 400 gallons per day per unit ofoccupancy at a demand rate of not less than four gallons per minute for one-hour, either with or without the use of a storage system.

[3] Test supervision and evaluation. The aquifer test shall be conducted under thesupervision of a qualified geologist or engineer using testing procedureshereafter set forth. The geologist or engineer shall be responsible for notifyingthe Township five working days prior to the start of the test. He/she or she willalso summarize the test and its significance and make recommendations as tothe suitability of the well or wells for the intended uses. The final report of thesupervising person shall include an opinion as to whether the proposed use ofthe well will have an impact upon other existing wells in the immediatesurrounding area. The supervising person shall provide the Township with acopy of all field notes and test results.

[4] Test method. The method for conducting the aquifer test shall be as follows:

An aquifer test shall be conducted for a minimum of 12 hours at a constantrate of pumping. The pumped well shall be the one proposed for thespecific subdivision or land development for which the test is conducted.Two observation wells which have hydraulic continuity with the pumpedwell are required. The preferred method of analysis of the aquifer test datais the nonequilibrium formula, although other methods are available andmay be used. These include various methods of analysis of either thedrawdown or recovery data.

[5] Collection of data. Data shall be collected in conjunction with the aquifer test asfollows:

[a] Prior to the test.

[i] Collection of geologic data of the area to be tested including well logs, ifavailable.

[ii] History of water level fluctuations in the area when available.

[iii] The location, relative elevations and static water levels in the pumpedwell and the observation well or wells.

[b] During the test. A standard aquifer test field data sheet will be required for apumped well and each observation well. The data sheet shall includecolumns for listing.

[i] The date.

[ii] Clock time.

[iii] Elapsed time since pumping started/stopped (in minutes + seconds).

[iv] Depth to water below land surface.

[v] Drawdown or recovery (in feet) + 10ths.

[vi] Observed discharge at specified intervals.

[c] Following the test. In accordance with recognized principles of wellhydraulics, graphs shall be prepared to show time drawdown and timerecovery for the pumped well and the observation wells. A distancedrawdown graph will be required for anticipated rates of pumping.Computation of the coefficients of transmissibility and storage as well as therate of pumping, time and drawdown are required as well as other datawhich may be considered necessary to satisfy the test objectives.

(8) Criteria for a request of exemption. A proposed land development or subdivision whichintends to use a groundwater source to supply water to the property may be exemptedfrom these requirements if one or more of the following criteria are satisfied:

(a) The proposed project is located 1/4 mile or less, in the same geologic unit, from aprevious aquifer test, within the past two years, and the previous test showedtransmissibility (T) values greater than 1,000.

(b) The proposed project has had two aquifer tests on different sides of the proposedproject within 1/2 mile in the same geologic unit within the past two years, with "T"values greater than 1,000.

(c) The proposed land development or subdivision is recommended for exemption by aqualified geologist based upon certified hydrogeological information.

(d) If Subsection B(7) , above, applies to the proposed project and the documentedwater problem relates to quality and not quantity, then the aquifer test may beexempted. However, a water quality test must be conducted.

§ 285-36. Public dedication of park and recreation land.

[Amended 10-4-2000 by Ord. No. 196]

A. Legislative intent. All residential subdivisions or land development plans submitted after theeffective date of this section shall provide for a suitable and adequate recreation area inorder to:

(1) Insure adequate recreational areas and facilities to served the future residents of theTownship.

(2) Maintain compliance with recreation, park and open space standards, as developed bythe National Recreation and Park Association.

(3) Reduce increasing usage pressure on existing recreational areas and facilities.

(4) Comply with the Parks and Recreation Plan for Warwick Township with regard to sizeand distribution of recreation areas.

(5) Allow for acquisition and development of additional recreation areas as outlined by theparks and recreation plan.

(6) Insure that all present and future residents have the opportunity to engage in many andvaried leisure pursuits.

(7) Reduce the possibility of the Township becoming overburdened with the developmentand maintenance of many very small, randomly-planned and widely-separated recreationareas.

(8) Protect sensitive areas and facilities of significant historical, cultural, esthetics orenvironmental value.

(9) Provide for the opportunity of combining small plots of dedicated land from severalsubdivisions into larger, more usable tracts.

B. Exempted subdivisions. The provisions of this section shall apply only to residentialsubdivisions or land developments. The following residential subdivisions or landdevelopments are exempted from the requirements of this section:

(1) Any residential subdivision or land development plan which is protected from theoperation of changes in the governing ordinances by § 508 of the Municipalities PlanningCode.

(2) Any residential subdivision or land development plan that will total no more than fourdwelling units or lots.

C. Land requirements for proposed recreation areas. Land required to be provided forrecreation area for residential subdivisions or land development plans not exempted fromthe provisions of this section shall comply with the following requirements:

(1) The minimum lot area which shall be dedicated shall be 0.04 acres per lot or dwellingunit.

(2) Such land set aside shall be suitable to serve the purpose of active and/or passiverecreation by reason of its size, shape, location and topography and shall be subject tothe approval of the Board of Supervisors.

(3) In no event will the amount of land to be dedicated for recreation be less than theminimum lot size for the zoning district in which the subdivision or land development islocated.

(4) The developer may request that the Township not require the dedication of land, andany such request shall be accompanied by an offer to pay a fee in lieu of dedication ofthe land, computed in accordance with the regulations under Subsection G , below, anoffer to construct recreation facilities and/or an offer to privately reserve land for parkor recreation purposes.

D. Criteria for proposed recreation areas. Whether publicly dedicated or privately reserved,proposed recreation areas shall be designed in accordance with the requirements of thissubsection and other applicable requirements of this chapter and Chapter 340, Zoning:

(1) Recreation areas shall be easily and safely accessible from all areas of the development tobe served, have good ingress and egress and have direct access to a public roadway. Nopublic vehicular roadways shall traverse the recreation area.

(2) Recreation areas shall be contiguous and regular in shape.

(3) Recreation areas shall have suitable topography and soil conditions for use anddevelopment as a recreation area.

(4) A minimum of 75% of the required recreational area shall have a maximum slope of 7%.

(5) No more than 50% of the recreational area may be within floodplain or wetlands areas, asdefined by the U.S. Department of Housing and Urban Development Flood InsuranceRate Map, the United States Army Corps of Engineers, the Township Engineer and/or theDEP or have other features which would render the land undevelopable.

(6) No stormwater management facilities designed to retain or detain water from otherportions of the development shall be permitted within the recreation area.

(7) Recreational areas shall be easily accessible to all essential utilities contained within thesubdivision such as public water, power and sewer. No utility easements or rights-of-wayshall traverse the recreation area.

(8) Recreational areas shall not contain any materials which would be termed hazardouswastes under applicable state and federal statutes, shall not contain any petroleumproducts and shall not contain any underground storage tanks or locations from whichunderground storage tanks were removed.

(9) Recreational areas shall be suitable for development as a particular type of park, ascategorized by the National Recreation and Park Association's National Park, Recreationand Open Space Standards and Guidelines, 1983 and updates.

(10) Recreational areas shall be compatible with the objectives, guidelines andrecommendations as set forth in the Township Parks and Recreation Plan and updates.

(11) If the developer plans to construct facilities for recreation in the recreation area as anamenity for the development, such facilities shall be constructed in accordance withcurrent standards established by the National Recreation and Park Association. Thedeveloper shall present a sketch plan of the facilities to be constructed and an estimateof the cost of construction.

(12) When a subdivision or land development is traversed by or abuts an existing trailcustomarily used by pedestrians and/or equestrians, the developer shall make provisionsfor the continued recreational use of the trail subject to alterations of the course of thetrail within the boundaries of the development. The points at which the trail enters andexits the tract shall remain unchanged. Any proposed alteration to the existing trail shallexhibit quality trail design according to generally accepted principles of landscapearchitecture. Any proposed alteration shall not run coincidentally with a paved roadintended for use by motorized vehicles. Land set aside for the continuation of an existingtrail may be included within the amount of recreational area required by Subsection C,above.

E. Dedication of recreation to the Township. All recreation area required by this section shall beirrevocably dedicated to the Township unless the Township shall waive such requireddedication. The recording of a subdivision or land development plan upon which recreationarea is indicated shall constitute an offer of dedication to the Township. The Board ofSupervisors, in its sole discretion, shall have the power to accept dedication of such land.The developer shall present evidence of clear title to the recreation area and a deed ofdedication which shall be in a form acceptable to the Township Solicitor. The developer shallreimburse the Township for all costs associated with the acceptance of dedication.

(1) The developer may request that the Township waive the requirement to dedicate land setforth herein. Any request for such a waiver shall include whether the developer proposesto privately reserve such recreation area or proposes payment of a fee in lieu of landdedication or proposes to dedicate a portion of the recreation area and in lieu of theremaining portion make improvements to the dedicated land.

(2) All approved recreation areas shall be completed and dedicated or reserved before 50%occupancy has been reached in any applicable subdivision or land development. TheTownship may avail itself of all remedies provided by the Municipalities Planning Codeincluding, but not limited to, the withholding of permits to insure compliance with thisprovision.

F. Private reservation of land. The developer may request a waiver from the mandatorydedication requirement imposed by this section to permit the recreation area to be privatelyreserved. A written agreement between the developer and the Township, which specifies thedeveloper's obligations, shall be executed prior to or concurrent with final plat approval.Such agreement must be in a form and have specific content that is acceptable to theTownship Solicitor.

(1) The agreement shall stipulate whether the developer, a homeowners' association or acondominium unit owners' association shall be responsible for construction andmaintenance of the designated recreation facilities; whether such private facilities will beavailable to nonresidents of the development; and how the private reservation may berevoked under a set of future circumstances.

(2) If such lands and facilities are to become common elements of a homeowners' or unitowners' association of any type, then such association's organizational bylaws mustconform to the Pennsylvania Uniform Condominium Act, 68 Pa.C.S.A. § 3101 et seq. Suchdocumentation shall be recorded, shall provide that the land cannot be furtherdeveloped for other than recreation purposes, and shall give the Township the right tomaintain the land as set forth in Article VII of the Municipalities Planning Code dealingwith the maintenance of common open space maintenance in planned residentialdevelopments.

(3) The deed of conveyance of such recreation area shall contain a restrictive covenantlimiting such land and improvements to the common use of the property owners withinthe development for the purposes initially approved by the Township. Said deed shallalso contain a restriction that said lands and improvements may not be sold or disposedof by the association, except to another organization formed to own and maintain saidrecreation area without first offering to dedicate the land and improvements to theTownship. Such covenants shall be in a form acceptable to the Township Solicitor.

(4) If acceptable to the Township, the recreation area may be transferred to a not-for-profitcorporation established for the conservation or preservation of land or for providingrecreational facilities. The documents relating to the transfer of the land shall be in aform acceptable to the Township Solicitor, shall be recorded and shall provide that theland is permanently restricted from further development. Arrangements acceptable tothe Township shall be made for the maintenance of the recreation land.

G. Fee in lieu of dedication. When so requested by the developer, the Township may accept afee in lieu of dedication because size, shape, location, access, topography or other physicalfeatures render it impractical for the developer to dedicate land for recreation areas asrequired by this section. Such fee in lieu of payments shall be payable to the Township priorto issuance of the recording of each final phase of the plan by the Township, based on eachphase's percentage of the total number of dwelling units.

(1) The amount of a fee in lieu payment shall be the fair market value of the land required tobe dedicated under Subsection C, above. The developer shall provide the Township withall information necessary to determine the fair market value of the land including, butnot limited to, a copy of the agreement of sale or real estate transfer tax affidavit ofvalue if the developer is the equitable owner or has purchased the land within the pasttwo years or an appraisal of the property by an MAI appraiser acceptable to theTownship. Fair market value shall be computed by dividing the total price for the tract bythe number of acres within the tract and then multiplying that number by the amount ofland required to be dedicated.

(2) Any developer who feels aggrieved by the price established by the Township shall havethe right to secure a second appraisal of the property by an MAI appraiser acceptable tothe Township. The two prices shall be averaged, with the result being the amount beingwhat the developer shall be required to pay.

H. Fee in lieu funds disposition. Monies received from developers shall be laced in a capitalreserve fund. Fees received from developers shall be administered and expended as requiredand authorized by the Municipalities Planning Code.

§ 285-37. Hazards associated with carbonate rock.

All subdivisions and land developments located in areas underlain by carbonate geologic formationsshall be designed and constructed to minimize any impacts which may affect, increase, diminish orchange any natural drainage, natural springs or water table. No development that in the opinion ofthe Township poses significant risks in stimulating the formation of sinkholes or in causing hydrologicconnection of contaminated surface water with subsurface aquifers shall be approved.

A. Hydrogeologic report required. When, in the opinion of the Township, there is a probablelikelihood that a project will affect or be affected by carbonate geologic hazards theTownship shall require submission of a hydrogeologic report. In reaching a determination ofwhether a project will affect or be affected by carbonate geologic hazards, the Townshipshall consider the presence or absence of carbonate features in the vicinity of the project,the testimony of qualified expert witnesses and such other reasonable information as may beavailable. Any hydrogeologic report shall be prepared at the applicant's expense by ahydrogeologist or professional engineer qualified in such matters. Each hydrogeologic reportshall contain:

(1) A map showing all sinkholes, depressions, lineaments, faults, outcrops, springs, drainageentering the ground, water table, soil mottling and ghost lakes and all features that mayrelate to the quality and availability of groundwater within a mile distance.

(2) A listing of all referenced data, published and otherwise.

(3) A topographic site map with the site clearly outlined.

(4) A map indicating the location and design of all on-site wastewater disposal systems.

(5) A description of anticipated water quality impacts to areas located down-gradient andareas located along the geologic strike.

(6) A description of any mitigation measures that could be applied to minimize impacts ofthe project or to correct existing problems.

B. Specifications for stormwater management basins.

(1) No stormwater management basin shall be placed in or over the following features:

(a) Sinkholes.

(b) Closed depressions.

(c) Lineaments in carbonate areas.

(d) Fracture traces.

(e) Caverns.

(f) Ghost lakes.

(g) Disappearing streams.

(2) Stormwater management basins shall not be located closer than 100 feet from the rim ofsinkholes or closed depressions nor within 100 feet from disappearing streams; nor shallthese basins be located closer than 50 feet from lineaments or fracture traces; nor shallthese basins be located closer than 25 feet from surface or identified subsurfacepinnacles.

C. Municipal liability. The granting of subdivision and land development plan approval under thissection shall not constitute a representation, guarantee, or warranty of any kind by theTownship of Warwick, or by any official, agent, or employee thereof, of the practicability orsafety of any structure, use or other plan proposed with respect to damage from hazardsassociated with carbonate rock geologic formations or otherwise and shall create no liabilityupon, or a cause of action against, such public body, official, agent or employee for damagethat may result pursuant thereto as a result of reliance on this section. There is no assurancethat lands not assumed to be affected by carbonate rock geological formations are now orever will be free from damage.

§ 285-38. Report and study recommendations.

Any recommendations, conclusions or advisable improvements deemed necessary or advisable as aresult of a report or study prepared as part of a subdivision or land development plan submissionincluding, but not limited to, traffic impact studies, environmental studies, stormwater reports andaquifer tests, shall be completed by the developer.

Article VII. Mobile Home Parks

§ 285-39. General.

Mobile home park plans shall be processed in accordance with Article II I of this chapter. Mobilehome park plans shall comply with the provisions of Article IV , Information to be Shown on orSubmitted with Subdivision and Land Development Plans, and Article VI , Design Standards, except asspecifically provided in this chapter or in Chapter 202 , Mobile Homes and Mobile Homes Parks. Allother provisions of this chapter shall apply to mobile home park applications.

§ 285-40. Water supply.

All mobile home parks shall be connected to a public or community water supply in accordance withthe requirements of Article VI , and each mobile home or accessory building which will have plumbingfacilities shall connect to and use the water supply system. Fire hydrants shall be provided andinstalled in accordance with the specifications of the water supply agency. Adequate provision shallbe made to protect the water service lines from damage, including a shutoff valve on each mobilehome lot below the frost line.

§ 285-41. Sewage disposal.

All mobile home parks shall be connected to a sewage disposal system in accordance with theprovisions of Article VI , and each mobile home or accessory building containing water service shallconnect to and use the sewage disposal system. Adequate provisions shall be made to protect thesanitary sewers from stormwater infiltration and breakage.

§ 285-42. Stormwater management.

All stormwater management facilities shall be designed in accordance with Chapter 270, StormwaterManagement.

§ 285-43. Streets, parking, curbs and sidewalks.

Streets, parking, curbs and sidewalks shall be provided as required by Article VI , herein, and byChapter 340, Zoning, except as specifically provided herein.

A. All mobile home park streets shall be considered access drives and shall have a minimumpavement width of 24 feet. If on-street parking is permitted, the minimum pavement widthshall be 34 feet.

B. Horizontal and vertical street alignments shall be designed in accordance with the provisionsof Article VI except that the minimum horizontal curve radii for streets in a mobile homepark shall be 100 feet.

C. Clear sight triangles shall be provided and maintained at all intersections. At intersections oftwo interior mobile home park streets, the line of sight shall be between points 75 feet fromthe intersection of the street center lines. Clear sight triangles at the intersection of interiormobile home park streets and public streets shall be provided in accordance with Article VI .

D. Improvement of existing streets and intersections with existing streets when a mobile homepark abuts or a mobile home park street intersects with existing public streets shall be inaccordance with the standards provided in Article VI .

E. Sidewalks shall be provided along all new streets and parking compounds located in themobile home park. Such sidewalks shall have a minimum width of four feet and shall beconstructed in accordance with the provisions of Article VI .

F. Concrete vertical curbs shall be required on both sides of all streets in the mobile home park.Curbs shall be constructed in accordance with the provisions of Article VI .

G. All streets and parking lots that are designed to accommodate more than four cars shall belighted to provide a minimum of one footcandle of illumination at three feet of height abovegrade.

§ 285-44. Area and density regulations for mobile home parks.

A. Area. The minimum area of a mobile home park shall be five acres.

B. Density. The maximum density of a mobile home park shall be five mobile home lots per acre.

C. Setbacks. The minimum setback from a public street to any mobile home, mobile homeservice or accessory building or off-street parking facility located within a mobile home parkshall be in accordance with the provisions of Chapter 340, Zoning, relating to developmentof mobile home parks. In no case, however, shall a mobile home be permitted within 25 feetof a mobile home park boundary line.

D. Distance between buildings. Mobile homes shall be separated from each other and fromservice or accessory buildings and the adjoining pavement of the mobile home park street orcommon parking area by a minimum of 20 feet.

§ 285-45. Recreation area.

There shall be a minimum of 15% of the gross acreage of the mobile home park devoted to active orpassive recreational facilities. The recreational area shall not include areas of mobile home lots,streets, parking areas or accessory buildings. Such recreational facilities may be counted toward therequirements for park, recreation and open space area contained in Article VI if such area meets thestandards set forth therein. The owner and/or operator of the mobile home park shall be responsiblefor the maintenance of the recreational area. In the event the recreation area is not maintained, theTownship may proceed to remedy such deficiency by enforcement of any applicable Townshipordinance, by injunctive relief or by performing the necessary maintenance and assessing the cost ofsuch maintenance, plus a penalty in the amount of 15% of the cost of such maintenance, against theowner and/or operator and filing such cost and penalty as a municipal claim against the property.Maintenance of the recreational area by the Township shall not relieve the owner and/or operatorfrom prosecution or penalties as provided under this chapter or applicable ordinances.

§ 285-46. Mobile home lots and stands.

A. Each mobile home lot shall have a minimum area of 4,500 square feet.

B. Each mobile home lot shall have a minimum lot width of 30 feet at the street line and aminimum lot width of 45 feet at a distance of 20 feet from the mobile home park street.

C. Each mobile home lot shall abut a mobile home park street with access to such street. Accessto all mobile home lots shall be from the mobile home park streets and not from publicstreets.

D. Each mobile home shall be provided with and securely fastened to a hard-surfaced mobilehome stand which has a foundation which will not heave, shift or settle unevenly because offrost action, inadequate drainage, vibration or other forces acting on the superstructure.Each mobile home stand shall be equipped with properly designed utility connections.

§ 285-47. Service and accessory structures.

Service and accessory structures, including management offices, storage buildings, laundry buildingsand indoor recreation areas, shall be indicated on the plan. All such structures shall comply with theyard requirements set forth in this chapter for mobile homes. No attachments to individual mobilehomes shall be permitted.

§ 285-48. Screening.

When a mobile home park is developed adjacent to a residential zone other than the zone in whichthe mobile home park is located. A landscape screen shall be provided between the mobile homepark and the residential zoning district. The landscape screen shall be composed of evergreen shrubsand trees arranged in two staggered rows within a twenty-foot wide strip. The height of plantmaterial shall be a minimum of six feet high at the time of planting. Plants shall be spaced at intervalsof not more than 10 feet on center. The screen planting shall be permanently maintained. Nolandscape screen shall be required between a mobile home park and a public street.

Article VIII. Administration

§ 285-49. General.

This article outlines the procedures for enforcement and amendment of this chapter, as well asprocedures for challenges and appeals of decisions rendered under this chapter.

§ 285-50. Amendment.

A. Amendments to this chapter shall become effective only after a public hearing held pursuantto public notice in the manner prescribed for enactment of a proposed ordinance in theMunicipalities Planning Code.

B. In the case of an amendment other than that prepared by the Warwick Township PlanningCommission, the Board of Supervisors of the Township shall submit each amendment to theTownship Planning Commission for recommendations at least 30 days prior to the date ofthe public hearing on such proposed amendment.

§ 285-51. Waivers.

A. The provisions of these regulations are intended as a minimum standard for the protection ofthe public health, safety and welfare. If the literal compliance with any mandatory provisionof these regulations is shown by the applicant, to the satisfaction a majority of the membersof the Board of Supervisors present at a public meeting, to be unreasonable and to causeundue hardship because of peculiar conditions pertaining to the particular property and ifthe applicant shows that an alternative proposal will allow for equal or better results andrepresents the minimum modification necessary, the Board of Supervisors may grant awaiver from such mandatory provision, so that substantial justice may be done and thepublic interest secured while permitting the reasonable utilization of the property. However,the granting of a waiver shall not have the effect of making null and void the intent and/orpurpose of this chapter.

B. In granting waivers, the Board of Supervisors may impose such conditions as will, in itsjudgment, secure substantially the objectives of the standards and requirements of thischapter.

C. All requests for waivers shall be processed in accordance with § 285-7I of this chapter.

§ 285-52. Challenges and appeals.

Any person aggrieved by a finding, decision or determination of the Board of Supervisors, TownshipEngineer or Zoning Officer in connection with an application for approval of a subdivision or landdevelopment shall appeal as specified by this section.

A. Appeals from the determination of the Township Engineer or Zoning Officer with referenceto sedimentation, erosion control and/or stormwater management issues shall be made tothe Board of Supervisors.

B. Appeals from all findings, decisions or determinations of the Board of Supervisors shall bemade in accordance with the provisions of the Municipalities Planning Code.

§ 285-53. Violations.

A. Any person, partnership or corporation, or the members of such partnership or the officersof such corporation, who or which, being the owner or agent of the owner of any lot, tractor parcel of land, shall:

(1) Lay out, construct, open and/or dedicate any street, sanitary sewer, storm sewer, watermain or other improvement for public use, travel or other purposes or for the commonuse of occupants of buildings abutting thereon; or

(2) Sell, transfer or agree to enter into an agreement to sell or transfer any land in asubdivision or land development, whether by reference to or by use of a plan of suchsubdivision or land development or otherwise; or

(3) Erect any building or buildings which constitute a land development thereon; or

(4) Commence site grading or construction of improvements prior to recording of a finalplan, unless such grading or construction is for the sole purpose of installingimprovements as prescribed in § 285-7G, herein, unless and until a final plan has beenprepared in full compliance with the provisions of this chapter and has been recorded asprovided herein; or

(5) Fail to comply with any condition imposed upon approval of a preliminary plan or a finalplan or any condition imposed upon the granting of any waiver; or

(6) Fail to comply with any agreement with the Township or the Authority relating todevelopment in accordance with a preliminary plan or a final plan; or

(7) Fail to comply with any note included on an approved preliminary plan or final plan;commits a violation of this chapter.

B. Any person, partnership or corporation, or the members of such partnership or the officersof such corporation, who or which, being the owner or agent of the owner of any lot, tractor parcel of land, shall construct or permit the construction of any improvement or developor permit the development of any property in a manner which does not fully comply withthe approved improvement construction plan or final plan, as applicable, commits a violationof this chapter.

C. Any person, partnership or corporation, or the members of such partnership or the officersof such corporation, who or which, being the owner or agent of the owner of any lot, tractor parcel of land, shall knowingly provide false information on any plan, report, certificationor other document required to be submitted by this chapter commits a violation of thischapter.

D. Any person, partnership or corporation, or the members of such partnership or the officersof such corporation, who or which, being the owner or agent of the owner of any lot, tractor parcel of land, in any other way takes action or permits another to take action notauthorized by this chapter or contrary to the provisions of this chapter commits a violationof this chapter.

E. As an additional condition for the issuance of a permit or the granting of an approval to anyowner, current owner, vendee or lessee for the development of any such real property, theTownship may require compliance with the conditions that would have been applicable tothe property at the time the applicant acquired an interest in such real property.

§ 285-54. Violations and penalties.

A. Any person who shall violate any of the provisions of this chapter shall, upon being foundliable therefor in a civil enforcement proceeding commenced by the Township, pay ajudgment of not more than $500 plus all court costs, including reasonable attorneys' 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 a District Justice. If thedefendant neither pays nor timely appeals the judgment, the Township may enforce thejudgment pursuant to the applicable Rules of Civil Procedure. Each day that a violationcontinues shall constitute a separate violation unless the District Justice, determining thatthere has been a violation, further determines that there was a good faith basis for theperson, partnership or corporation violating this chapter to have believed that there was nosuch violation. If the District Justice makes a determination of good faith, there shall bedeemed to have been only one such violation until the fifth day following the date ofdetermination of a violation by the District Justice, and thereafter each day that a violationcontinues shall constitute a separate violation.

B. The Township may institute and maintain actions at law or in equity to restrain, correct orabate violations of this chapter, to prevent unlawful construction, to recover damages and/orto prevent illegal occupancy of a building, structure or premises.

C. The Township may refuse to issue any permit or grant any approval necessary to furtherimprove or develop any real property which has been developed or which has resulted froma subdivision or a land development of real property in violation of this chapter. Theauthority to deny such permit or approval shall apply to any of the following applicants:

(1) The owner of record at the time of such violation.

(2) The vendee or lessee of the owner of record at the time of such violation without regardto whether such vendee of lessee had actual or constructive knowledge of the violation.

(3) The current owner of record who acquired the property subsequent to the time of theviolation without regard as to whether such current owner had actual or constructiveknowledge of the violation.

(4) The vendee or lessee of the current owner of record who acquired the propertysubsequent to the time of violation without regard as to whether such vendee or lesseehad actual or constructive knowledge of the violation.

§ 285-55. Fees and charges.

The Township may impose fees and charges to cover all costs incurred in the administration of thischapter. The Board of Supervisors shall adopt fees and charges by resolution or ordinance. Thesefees shall include, but shall not be limited to, an application fee; fees for the review of the plans,studies, financial security and associated documentation by the Township Engineer, TownshipSolicitor or other professional consultant; fees for the inspection of improvements installed inconnection with development authorized by a plan; and fees for acceptance of dedication ofimprovements.

§ 285-56. Conflicts.

Whenever there is a difference between the minimum applicable standard specified herein and thoseincluded in other applicable municipal regulations, the more stringent requirement shall apply.

§ 285-57. Construction.

Nothing in this chapter shall be construed to affect any suit or proceeding pending in any court, orany rights acquired or liability incurred, or any permit issued or any cause or causes of action arisingprior to the enactment of the chapter.

§ 285-58. Repealer.

The Warwick Township Subdivision and Land Development Ordinance of 1979, enacted in 1979 andsubsequently amended, is hereby repealed in its entirety; provided, however, that this repeal shall inno manner be construed as a waiver, release or relinquishment of the right to initiate, pursue orprosecute any proceeding at law or in equity pertaining to any act which would have constituted aviolation of the Warwick Township Subdivision and Land Development Ordinance of 1979, asamended. All provisions of the Warwick Township Subdivision and Land Development Ordinance of1979, as amended, shall remain in full force and effect, and are not repealed hereby, as they pertain tosuch acts and to the processing and administration of development plans filed prior to the effectivedate of this chapter which are protected from the effect of the intervening ordinances by § 508(4) ofthe Municipalities Planning Code.

chapter 285. subdivision and land...

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