Chapter 22 - Part 5 - General Design Principles

§501.    APPLICATION.  

The following principles, standards and requirements will be applied by the Township Commissioners and Planning Commission for evaluating plans for proposed land developments.  The standards and requirements outlined herein shall be considered minimum standards and requirements for the promotion of the public health, safety, morals and general welfare.  Where literal compliance with the standards herein specified is clearly impractical, the Township Commissioners may modify or adjust the standards to permit reasonable utilization of property while securing substantial conformance with the objectives of this Chapter.  

(Ord. 95-1, 2/2/1995, §501)


§502.    LAND REQUIREMENTS.

1.    Land shall be suited to the purposes for which it is to be developed.  

2.    Land which is unsuitable for development because of hazards to life, safety, health or property shall not be developed until such hazards are provided for in the land development plan.  Land included as having unsuitable characteristics would be the following:  

A.    Land subject to flooding or which has a seasonal high groundwater table which will interfere with the construction of basements or habitable areas below grade.

B.    Land which, if developed, will create or aggravate a flooding condition upon other land.  

C.    Land subject to subsidence.  

D.    Land subject to underground fires.

E.    Land containing significant areas of slopes greater than 20%.   

F.    Land which, because of topography or means of access, is considered hazardous by the Township Commissioners.  

G.    Land which is subject to ground pollution or contamination.  

H.    Land which is defined as wetland area. 

3.    Proposed land developments shall be coordinated with existing nearby neighborhoods so that the community as a whole may develop harmoniously.  

4.    Proposed land uses shall conform to the Township Zoning Ordinance [Chapter 27].

(Ord. 95-1, 2/2/1995, §502)


§503.    STREET SYSTEM GENERAL STANDARDS.

 1.    Proposed streets shall be properly related to such street plans or parts thereof as have been officially prepared and adopted by the Township and shall be coordinated with existing or proposed streets in adjoining land developments.  

2.    Streets in and bordering a land development, whether such streets are existing or pro-posed, shall be coordinated and be of such widths and grades and in such locations as deemed necessary to accommodate prospective traffic and facilitate fire protection.  Upgrading of existing roadways shall be at the developer's expense.

3.    Proposed streets shall further conform to such County and State road and highway plans as have been prepared, adopted or filed as prescribed by law.  

4.    Streets shall be related to the topography so as to produce usable lots and acceptable grades.  

5.    Access shall be given to all lots and portions of the tract in the land development and to adjacent unsubdivided territory unless the topography clearly indicates that such connection is not feasible.  Streets giving such access shall be improved to the limits of the land development and shall be improved to Township specifications.  Reserve strips and land locked areas shall not be created.  

6.    Streets shall be laid out to preserve the integrity of their design.  Local access streets shall be laid out to discourage their use by through traffic and, where possible, arterial and collector streets shall be designed for use by through traffic.  

7.    Where the proposed land development contains or is adjacent to an existing or proposed arterial street or a highway designated as a limited access highway by the appropriate highway authorities, provisions shall be made for marginal access streets at a distance acceptable for the appropriate use of the land between the arterial street or limited access highway and the marginal access streets.  The Township Commissioners may also require rear service areas, double frontage lots or such other treatment as will provide protection for abutting properties, reduction in the number of intersections with primary streets and separation of local and through traffic.  [Ord. 98-7]

8.    Half or partial streets will not be permitted in new land developments except where essential to reasonable development of a tract in conformance with the other requirements and standards of this Chapter and where, in addition, satisfactory assurance for dedication of the remaining part of the street can be secured.  
9.    Wherever a tract to be developed borders an existing half or partial street, the entire street shall be shown on the plan.  

10.    Dead-end streets shall be prohibited except as stubs (with adequate turning capability) to permit future street extension into adjoining tracts or when designed as cul de sacs.  

11.    New median strips including those controlling access to streets shall be forbidden as part of the dedicated street right of way. 

12.    Where adjoining areas are not subdivided, the arrangement of streets in a proposed land development shall be made, constructed and dedicated to provide for the proper projection of streets into the unsubdivided land.  

13.    Street names shall be coordinated with existing or platted street names and, if a new street is a continuation of or is aligned with an existing or platted street, it shall bear the same name as the existing or platted street.  

14.    No street shall be laid out or opened which extends to or crosses any boundary between the Township and any other municipality except with the specific approval of the Township Commissioners and upon such condition as the Township Commissioners may impose.  If the street is proposed to serve a commercial area, an industrial area or a residential area of 50 dwelling units or more, located in another municipality, the street shall not be approved unless the area is also served by a street in the other municipality and unless the relevant traffic facilities of the Township are adequate to handle the anticipated volume.  

15.    All streets shall have a uniform width throughout their respective lengths except where otherwise required by the Township Commissioners pursuant to §504(2)(B).  

16.      Except as noted in subparagraph C. below, all subdivisions and/or land developments containing 20 or more dwelling units or building(s), and/or containing a total aggregate gross floor area of 15,000 square feet or greater, shall be provided with emergency access to the subdivision or land development as follows:

A. The emergency access shall be improved with a stabilized surface so that emergency
     vehicles may safely traverse it and shall be indicated on the plans.

B. The emergency access shall be designed to provide adequate clear width, height,
     grade and curve radii to allow the size and type of emergency vehicles owned by
     Hampden Township to safely traverse it and such design criteria shall be indicated
     on the plans.

C. The emergency access shall not be located closer than one-hundred fifty (150) feet to
     the public street dedicated as part of the subdivision and/or land development and
     which provides access to the subdivision and/or land development; or to the private
     road approved as part of the subdivision and/or land development which provides
     access to the subdivision and/or land development. 
                  If the subdivision or land development has: (1) two separate public streets dedicated to 
                  the Township and approved as part of the subdivision and/or land development, each
                  of which provides separate access to and from the subdivision or land development; or
                  (2) one public street dedicated to the Township and a separate private road access ap-
                  proved as part of the subdivision and/or land development, each of which provides
                  separate access to and from the subdivision or land development; or (3) two separate
                  private roads approved as part of the subdivision and/or land development, each of
                  which provides separate access to and from the subdivision or land development, then
                   an emergency access shall not be required.   

D.  The emergency access may be located so that the required emergency access to the
      subdivision or land development is gained from a public street.
    
E.  The emergency access may be located so that access is gained from a private street or
     private drive. Applicants with plans indicating emergency access through an
     adjoining private street or drive shall provide evidence that the adjoining property
     owner has consented to said emergency access location and that the applicant has
     entered into an easement agreement, recorded with the Cumberland County 
     Recorder of Deeds, with the adjoining property owner.

F.  The emergency access will be maintained free of obstructions, outdoor storage,
      structures and fences, parking, vegetation such as but not limited to high grass
      branches and trees, snow and ice, and any other situations which would prohibit
      emergency access. Winter maintenance in the form of snow removal will be provided
      by the developer or assigns/HOA into perpetuity.

G.  Entrances to the emergency access shall be secured by a gate containing a key lock
      box accessible only to emergency responders.  

H. The emergency access shall be available for the use by passenger and other vehicles
      only upon the direction of the emergency responders. 

(Ord. 95-1, 2/2/1995, §503; as amended by Ord. 98-7, 8/27/1998, as amended by Ord. 20-1, 4/30/2020))


§504.    STREET DESIGN.

1.    Street Classification.

A.    Four functional classifications are hereby established for the streets and roads in Hampden Town¬ship: [Ord. 99-07]

(1)    Arterial.  This classification includes high¬ways which are major traffic corridors or provide for intermunicipal traffic of substantial volumes where the average trip lengths are usually five miles or greater.  Generally, these highways should accommodate operating speeds of 35 to 55 miles per hour, and have an estimated average daily traffic (ADT) count of 5,000 vehicles or greater after being fully developed.  

(2)    Collector.  This classification is intended to include those highways which connect local access highways to arterial highways. They may serve as traffic corridors connecting residential areas with industrial, shopping and other service.  They may penetrate residential areas.  Generally, these highways will accommodate operating speeds of 35 miles per hour, and have an estimated average daily traffic (ADT) count of 400 to 5,000 vehicles after being fully developed. 

(3)    Local Access.  This classification is intended to include streets and roads that provide direct access to abutting land and connections to higher classes of roadways.  Traffic volumes will be low and travel distances generally short.  These streets and roads should be designed for operating speeds of 25 miles per hour, and have an estimated average daily traffic (ADT) count of less than 400 vehicles after being fully developed.  

        (4)    Heavy-Duty Roads.  This classification is intended to provide access to industrial areas, other areas where truck traffic is expected, and industrial park roads.  [Ord. 99-07]

2.    Street Widths.

A.    Minimum component widths for each type of public street shall be as follows:

Type of Street    Right-of-Way Width    Cartway Width
Arterial    80' - 120'    46'
Collector    60'    34'
Local Access    50'    30'

B.    Where a proposed development abuts or contains an existing public street or road having a right of way width less than would be required if said street or road were created under this Chapter, sufficient additional width for right of way shall be provided and dedicated to meet the foregoing standards.  

C.    Additional right of way and cartway widths may be required by the Township Commissioners to promote public safety and convenience when special conditions require it and to provide parking space in areas of intensive use.  

3.    Cul de sac Streets.

A.    Cul de sac streets, whether permanent or temporary, shall be provided at the closed end with a turnaround having a minimum radius to the edge of the finished street cartway or curb line of not less than 50 feet, and not less than 60 feet to the right of way line.   

B.    Unless future extension is clearly impractical or undesirable, the turnaround right of way shall be placed adjacent to a property line and a right of way of the same width as the street shall be carried to the property line in such a way as to permit future extension of the street into the adjoining tract.  At such time as such a street is extended, the overage created by the turnaround outside the boundaries of the extended street shall revert in ownership to the property owners fronting on the cul de sac turnaround.  

C.    Commercial and industrial cul de sacs shall be reviewed for adequacy by the Township Engineer.  His recommendations will be given to the Township Com-missioners who shall have final authority in this matter.  

D.    Permanent cul de sac streets shall be kept to a minimum and shall not be less than 250 feet in length and shall not exceed 600 feet in length measured from the curb line of the intersecting street to the radius center of the cul de sac.  

E.    A one time fee for each cul de sac may be set by resolution by the Township Commissioners, in order to help defer increased costs of snow removal, payable prior to dedication.

F.    All cul-de-sacs shall be provided with a 10’ by 20’ snow dump area off the road-way within the street right of way in a location approved by the Township Engineer.  The area shall not contain any driveways, mailboxes, hydrants or other obstructions to the intended use.  The area shall be delineated with permanent markers at least 3 feet high. [Ord. 2019-06]

4.    Street Alignment.

A.    Whenever street lines are deflected by more than 5 degrees, connection shall be made by horizontal curves.  

B.    The minimum radius at the centerline for horizontal curves on collector and arterial streets shall be 300 feet and, for local streets, the minimum radius shall be 150 feet.  

C.    On local access streets, the minimum tangent between reverse curves shall be at least 100 feet; on collector and arterial streets, the minimum tangent shall be at least 250 feet.  

D.    Sight distance at intersections of streets shall be measured and comply with the most recent applicable PennDOT Publication. [Ord. 2019-06]

5.    Street Grades at Centerline.

A.    The minimum grade on all streets shall be 1%.  

B.    The maximum grade on collector or arterial streets shall be seven (7) percent and on local access streets 10% percent.  

C.    Vertical curves shall be used in changes of grade exceeding one (1) percent and shall provide proper sight distances as specified herein above.  

6.    Street Intersections.

A.    Local streets shall not intersect with collector or arterial streets on the same side at intervals of less than 800 feet as measured from centerline to centerline.  

B.    The distance between centerlines of streets opening onto the opposite side of a proposed or existing street shall be not less than 250 feet.  Streets shall be placed directly opposite each other if at all possible. 

C.    Multiple intersections involving the junction of more than two streets shall be avoided.  Where this proves impossible, such inter¬sections shall be designed with extreme care for both pedestrian and vehicular safety.  

D.    Streets shall be all laid out to intersect as nearly as possible at right angles.  Local streets shall not intersect collector or arterial streets at an angle of less than 75 degrees.  The intersection of two local streets shall not be at an angle of less than 60 degrees.  

E.    Minimum curb and right of way line radii at the intersection of two local streets shall be at least 25 feet and minimum curve radius at an intersection of a local street and a collector street or arterial street shall be at least 35 feet. Industrial roads or roads being subject to truck traffic shall provide a minimum curb radius of 55 feet.  [Ord. 98-7]

F.    There shall be provided and maintained at all intersections clear sight triangles of 75 feet in all directions measured along the centerline from the point of intersection.  Nothing which obstructs the vision of a motorist shall be permitted in this area.  

G.    Intersections shall be designed with a minimum grade wherever practical. If topography requires grade changes, the following shall be used:

(1)    Where the approach grade of any street is a plus 5% percent or greater, a leveling area shall be provided for a mini¬mum distance of 75 feet, measured from the edge of paved shoulder or curb line of the intersected street, at a grade not greater than 3% percent.

(2)    Vertical curves shall be used where the approach grade exceeds a minus 2%. The vertical curve shall be located to place the low point of the sag vertical curve a minimum of 25 feet from and at an elevation lower than the edge of paved shoulder or curb line of the intersected street.

7.    Pavement Design.

    A.    All components of the pavement structure shall be designed and constructed in conformance with the most current Pennsylvania Department of Transportation Specifications, Publication 408 and Publication 72 Roadway Construction Standards. Bituminous Mix Design and Roadway Materials being used shall adhere to the most current approved PA Department of Transportation Specifications at the time of placement. The materials shall be supplied by a Penn Dot approved plant, and certificated in writing as meeting PennDOT specifications.

    B.    Minimum Requirements: The following shall be considered minimum standards for street construction in Hampden Township. Where different standards are required by Penn Dot, the more stringent standard shall apply. 

Course
Material    Local Access Streets    Collector and Arterial Streets    Heavy Duty Roads
Aggregate Base (1)    Type C or better, No. 2A Aggregate    6 inches compacted depth    10 inches compacted depth    10 inches compacted depth
Bituminous Base (2)    HMA Superpave 25 mm, PG 64-22    4 inches compacted depth    5 inches compacted depth    8 inches compacted depth
Bituminous Binder (2)    HMA Superpave 25 mm, PG 64-22    Not required    Not required    4 inches compacted depth
Bituminous Wearing (2)    HMA Superpave 12.5 mm, PG 64-22    1 ½ inches compacted depth    1 ½ inches compacted depth    1 ½ inches compacted depth
Scratch Course (2)    HMA Superpave 9.5 mm, PG 64-22    As directed by Township    As directed by Township    As directed by Township
(1)    The Township will require the stone aggregate base be placed in a minimum of two 
    (2) lifts.  A stone aggregate base using a denser 3A aggregate mix placed below the 
    2A aggregate will be as directed by the Township.
(2)    HMA Superpave mix design based on ESALs must be approved by the Township 
    prior to construction.

[Ord. 2019-06]

8.    Driveways and Alleys.

A.    Driveways serving properties located adjacent to an intersection shall be offset from the inter¬section not less than 40 feet from the intersection of the right of ¬way lines.  

B.    Alleys are prohibited in residential developments.  

9.    Backfilling in Proposed Right of Ways.

A.    Cartway and Shoulder (if applicable).  All openings or excavations shall be backfilled with a crushed aggregate (2A Modified).  The materials shall be placed and compacted in layers, each of which shall not exceed 6 inches in depth.  [Ord. 99-07]

B.    Nonpaved Areas.  All openings or excavations shall be backfilled with onsite back-fill material.  Onsite backfill material is onsite excavated soil or soil-rock mixed materials free of topsoil, plant life, lumber, metal, refuse, and rock or similar hard objects larger than 6 inches in any dimension.

C.    Ninety-five percent compaction must be achieved in  all backfilled areas.

D.    In lieu of the above, onsite backfill material may be used in all pro¬posed right of way areas if a 5 year maintenance bond is posted.

(1)    The materials shall be placed and compacted in layers, each of which shall not exceed 6 inches in depth.  

(Ord. 95-1, 2/2/1995, §504; as amended by Ord. 98-7, 8/27/1998; by Ord. 99-07, 07/01/1999, §1; by Ord. 04-09, 12/07/2004, §I; and by Ord. 2019-06, 05/30/2019)


§505.    CURBS AND SIDEWALKS.

1.    Curbs.

A.    Curbs shall be provided on all streets and parking compounds located within mul-tifamily and apartment building developments.  Curbs shall also be required on new and existing streets in developments in which the average lot width of interior lots at the right of way line is 150 feet or less or where the average lot area is less than 20,000 square feet.  Curbs shall be required on all sides of multiple frontage lots.  Curbs may also be required in any development in which the lot areas or lot widths exceed the above minimum when the centerline street grade of any street exceeds 3 percent.  In such cases, curbs or other drainage controls shall be in-stalled to properly control surface drainage and protect the streets from erosion.  [Ord. 99-07]

B.    All curbs shall be depressed at intersections and at all driveways. All depressions shall be constructed of Portland Cement Concrete.  Depressions at intersections shall be of sufficient width to accommodate wheel¬chairs. Depressions shall be in line with sidewalks where provided.

(1)    Depressions for wheelchair ramps shall be 4 feet mini¬mum width at street level and shall be in line with the sidewalk. 

(2)    Depressions for driveways shall be 12 feet minimum width but no less than the proposed driveway width at street level. 

C.    Curbs shall be the vertical type constructed of Portland cement concrete with 20 foot expansion joint spacing and shall conform to PennDOT Form 408 Standards wherever practical, for all streets proposed for dedication to the Township.

2.    Sidewalks.

A.    Sidewalks shall be provided within all streets and parking com¬pounds located within multifamily and apartment building developments.  Side¬walks shall also be required within all new and existing streets in developments in which average lot width of interior lots at the required right of¬-way line is 100 feet or less.  [Ord. 99-07]

B.    Sidewalks within each type of public street shall have a minimum width of 4 feet.  The sidewalk shall be placed immediately adjacent to the right of-way line within the Township right of way, unless circumstances prevent it, and shall follow PennDOT specifications where applicable.  

C.    Sidewalks shall be required along all streets in the M-U Mixed Use Zoning Overlay Districts whether or not the subject property / land development is being developed under the underlying or base zoning ordinance or under the M-U Mixed Use Overlay Zoning District requirements. [Ord. 15-09]

(Ord. 95-1, 2/2/1995, §505; as amended by Ord. 99-07, 07/01/1999, §1 and by Ord. 15-09, 06/02/2015)


§506.   STORMWATER MANAGEMENT.

1.    All subdivision and land development in Hampden Township or subject to the laws, ordinances, codes, regulations and/or resolutions of Hampden Township shall comply with all requirements of the Hampden Township Stormwater Management Ordinance adopted July 28, 2011, as subsequently amended and reenacted.  Any reference in Chapter 22 of the Township of Hampden Code of Ordinances, the Township of Hampden Code of Ordinances or any other law, ordinance, code, regulation or resolu-tion of Hampden Township that requires compliance with any stormwater requirements of Hampden Township formerly contained within Chapter 22 of the Code of Ordinances of Hampden Township or elsewhere, shall be and is considered a reference to those requirement contained in the Hampden Township Stormwater Management Ordinance adopted July 28, 2011, as subsequently amended and reenacted.


§507.    LOT GRADING FOR SUBDIVISIONS AND LAND DEVELOPMENTS.

1.    Blocks and lots shall be graded to provide proper drainage away from buildings and to prevent the collection of stormwater in pools.  Minimum 2% slopes away from the structures shall be required, for a distance of 10 feet.  

2.    Lot grading shall be of such design as to carry surface waters to the nearest practical street, storm drain or natural watercourse.  Where drainage swales are used to deliver surface waters away from the buildings, their grade shall not be less than 1% nor more than 4%.  The swales shall be sodded, planted or lined as required.  A grading and drainage plan shall be required for all land developments.

3.    No final grading shall be permitted with a cut face steeper in slope than two horizontal to one vertical except under one or more of the following conditions:

A.    The material in which the excavation is made is sufficiently stable to sustain a slope of steeper than two horizontal to one vertical and a written statement of a professional engineer, licensed by the Commonwealth of Pennsylvania and experienced in erosion control, to that effect is submitted to the Township Engineer and approved by him.  The statement shall state that the site has been inspected and that the deviation from the slope specified hereinbefore will not result in injury to persons or damage to property.  

B.    A concrete or stone masonry wall constructed according to sound engineering standards for which plans are submitted to the Township Engineer for review and approval is provided.  

4.    No final grading shall be permitted which creates any exposed fill surface steeper in slope than three horizontal to one vertical except under one of the following conditions:

A.    A written, sealed statement from a professional engineer, licensed by the Commonwealth of Pennsylvania and experienced in erosion control, is submitted to the Township certifying that he has inspected the site and that the proposed deviation from the slope specified above will not endanger any property, adjoining property, street or structure or result in property damage, which statement shall be subject to approval by the Township Engineer.  

B.    A wall is constructed to support the face of the fill, the design for which wall shall be submitted in writing under seal of a professional engineer licensed by the Commonwealth of Pennsylvania and experienced in retaining wall design and subject to approval by the Township Engineer.  

5.    The top or bottom edge of slopes shall be a minimum of three (3) feet from property or right of way lines of streets or alleys in order to permit the normal rounding of the edge without encroaching on the abutting property except only when: (a) necessary to provide street access to the property; or (b) when the adjoining property is also owned by the same owner as that property upon which the grading is proposed, in which event an easement noting the area of any grading necessary on adjoining property shall be required.  All areas where walls or slopes are steeper than one (1) horizontal to one (1) vertical and five (5) feet or more in height, shall be protected by a protective fence no less than three (3) feet in height approved by the Township Engineer.  

6.    All lots must be kept free of any debris or nuisances whatsoever.  

(Ord. 95-1, 2/2/1995, §507; as amended by Ord. 06-02, 01/03/2006, §1; as amended by Ord. 12-03, § 507.5)


§508.    BLOCKS AND LOTS.

1.    The length, width, shape and design of blocks shall be determined with due regard to the provision of adequate sites for buildings of the type proposed, to the land use and/or zoning requirements of the Township, the topography of the land being developed and the requirements for safe and convenient vehicular and pedestrian circulation.  

2.    Unless the topography of the land being developed or the existing pattern of development in the immediately adjacent area shall be otherwise than herein required, the fol-lowing minimum standards for the design and size of blocks and lots shall prevail:

A.    Blocks shall not exceed 1600 feet in length nor be less than 500 feet in length.  

B.    Residential blocks shall generally be of sufficient depth to accommodate two tiers of lots except where reverse frontage lots bordering an arterial or collector street are used or where, due to the contour of the land or the necessary layout of the subdivision, there is insufficient depth between intersecting streets for such two tier design.  

C.    Blocks for commercial and industrial areas may vary from the elements of design contained in this section if the nature of the use requires other treatment.  In such cases, off street parking for employees and customers shall be provided along with safe and convenient limited access to the street system.  Space for off street loading shall also be provided with limited access to the street system.  Extension of streets, railroad access right of way and utilities shall be provided as necessary.  

D.    Lot lines intersecting street lines shall be substantially at right angles or radial to street lines.  

E.    Lots shall, in general, front on a street which has already been dedicated to the Township or which the developer proposes to dedicate to the Township in connection with approval of the final plan.  In commercial or industrial land developments where access is proposed to be provided by private streets within the land development, these requirements may be waived by the Township Commissioners.    [Ord. 98-7]

F.    The Township shall assign house numbers to each lot within a development.  

G.    Minimum lot sizes shall be in accordance with the Township Zoning Ordinance [Chapter 27].  

H.    Remnants of land, smaller than required for a lot, shall not be permitted within any development.  Such remnants shall be incorporated in existing or proposed lots or dedicated to public use if acceptable to the Township Commissioners.  

I.    Double frontage lots are prohibited except in accordance with §508(2)(B) above. 

J.    No residential lots shall be created which access upon an arterial street as defined in §504(1)(A)(1) herein.  Where lots must access onto a collector street, a turnaround area must be provided in addition to the driveway area.  

(Ord. 95-1, 2/2/1995, §508; as amended by Ord. 98-7, 8/27/1998)


§509.    DEVELOPMENT ON PRIVATE STREETS PROHIBITED.

1.    It is the policy of this Township that all subdivided lands shall have immediate access to a public street, except only with regard to subdivisions along existing private streets, as limited by subsection (2).

2.    No subdivision will be approved on an existing private street or road if more than two lots already front such street or road or, if after subdivision, more than two lots will front on such private street or road.

(Ord. 95-1, 2/2/1995, §509; as amended by Ord. 95-5, 7/27/1995, §1)


§510.    OPEN SPACE, LOT SITING, PLANTING AND BEAUTIFICATION FOR SUBDIVISION AND LAND DEVELOPMENTS. 

1.    In order to promote the highest environmental quality possible, the degree to which the developer of a land development plan has preserved existing salient natural features and land forms intrinsic to the site shall be assessed.  Terms of approval of a plat may be subject to the manner in which the layout or design of the plan has preserved existing natural features such as, but not limited to trees, wooded areas and watercourse.  

2.    Open space developments are encouraged where permitted as a conditional use.  An open space development alternative is suggested at the sketch plan or preliminary plan stage.

3.    Open Space.  Where the applicant is offering for dedication or is required by ordinance to establish a reservation of open space or preserve an area of scenic or historic importance, a "limit of work" which will confine excavation, earthmoving procedures and other changes to the landscape may be required to ensure preservation and prevent de-spoliation of the character of the area in open space.  

4.    Tree Preservation.  Whenever possible, trees shall not be removed unless they are located within the proposed street right of way, within the proposed building area or within utility locations and equipment access areas.  In areas where trees are retained, the original grade level shall be maintained, if possible, so as not to disturb the trees. 

5.    Topsoil Preservation. All of the topsoil from areas where cuts and fills have been made should be stockpiled and redistributed uniformly after grading.  All areas of the site shall be stabilized by seeding or planting on slopes of less than ten (10) percent and shall be stabilized by sodding on slopes 10% or more and planted in ground cover on slopes 20% or greater.  

6.    Landscaping.  For all multifamily, apartment, office, commercial and industrial land developments, a landscaping plan shall be provided and shall include sufficient plantings for the required open space, planting strips, screenings, formal gardens, shade trees and natural barriers.  

7.    Buffer Planting Requirements.  Buffer yard requirements should be as specified in the Township Zoning Ordinance [Chapter 27].  

8.    Preserved Landscaping.  When there is a conscientious effort to preserve the existing natural integrity and character of a site and where such preservation effectuates areas of woodland and trees comparable to required planting improvements, i.e., landscaping and buffer screening, the plan may be received in lieu of additional landscaping requirements.  

9.    Trees.  The planting of trees within the street right of way line shall not be permit¬ted.  The planting of any trees within the private property of each residential lot shall be at the discretion of the property owner or developer. 

10.    Watercourse Protection. Where a land development is traversed by a natural water-course, there shall be provided a drainage easement or right of way con¬forming substantially with the line of such watercourse and of such width, as stated in §506 and, as will be adequate to preserve natural drainage.  Such easement shall be in addition to the open space required in §510(2).  

(Ord. 95-1, 2/2/1995, §510)


§511.    CONTRIBUTION FOR RECREATION PURPOSES.

1.    It is the policy of this Township to provide recreational facilities for all the residents of the Township.  Centralized facilities are preferred over local neighbor­hood facilities.  New and additional facilities are required in direct proportion to increases in population and work-force.  Developers causing such increases must share in the cost of additional recreational facilities. 


2.     A contribution for recreational purposes shall be made at the rate of $1,000.00 per dwelling unit with respect to residential subdivisions or land developments and $1,500.00 per acre minimum or fraction thereof with respect to nonresidential subdivisions or land developments, which fee shall be payable as a condition of recording of the approved final plan and shall be calculated on the basis of the entire area of the lot regardless of disturbed area. The Board of Commissioners may change the rate set forth above from time to time by Resolution.  

3.         Except as provided in subsection 4, when an applicant or developer provides the Township with evidence that a recreation contribution has been paid for a specific lot of record then the Township will not require any additional contribution for future land development on that lot of record.

4.        A.     When a residential subdivision creates new lots of record, each new lot of record shall be subject to a contribution as provided in this section, less a contribution for the original lot of record if evidence of a contribution for the original lot is provided; other-wise, all new lots of record shall be subject to a contribution for each lot.

    B.      In the event of a residential reverse subdivision, each newly formed lot of record shall be subject to a contribution as provided in this section, less a contribution for the original lot or lots of record if evidence of a contribution for the original lot or lots is provided; otherwise, all newly formed lots of record shall be subject to a contribution for each lot.

    C.     In the event of a commercial reverse subdivision, only the original lot or lots of record for which no previous contribution has been made shall be subject to a contribution as provided in this section.

5.    The requirements of Section 511.2 shall be noted upon the final subdivision or land development plan.

(Ord. 95-1, 2/2/1995, §511, as amended by Ord. 00-07, 03/02/2000, §1; by Ord. 06-01, 01/03/2006, §1; and by Ord. 08-02, 01/07/08, §1-deleted in its entirety and replaced by 
Ord. 13-05)


§512.    EROSION AND SEDIMENT CONTROL.

1.    General Purpose.

A.    The Township Commissioners find that the minimization of erosion and control of sedimentation in connection with land development is in the public interest affecting public health, safety and welfare and, therefore, those regulations governing erosion control and sedimentation control are necessary for the Township.  

B.    No changes shall be made in the contour of the land, no grading, excavating, removal or destruction to the topsoil, trees or other vegetative cover of the land shall be commenced until such time that a plan for minimizing erosion and sedimentation has been processed with and reviewed by the Township Engineer and/or Cumberland County Soil Conservation District or there has been a determination by the above entities that such plans are not necessary.  

C.    No land development plan shall be approved unless there has been an erosion and sedimentation control plan approved by the Township Engineer that provides for minimizing erosion and sedimentation consistent with this §512 and an improvement bond or other acceptable securities are deposited with the Township in the form of an escrow guarantee which will ensure installation and completion of the required improvements. 

D.    Where not specified in this Chapter, measures used to control erosion and sedimentation shall as a minimum meet the standards and specifications of the Cumberland County Soil Conservation District.  The Township Engineer, or other officials as designated, shall ensure compliance with the appropriate specifications, copies of which are available from the Soil Conservation District. 

E.    All aspects of the approved soil erosion and sedimentation control plan shall be in-stalled, wherever possible, prior to beginning actual vegetation stripping, regrading or similar excavation activities. Installation of the control features shall be included in the construction time schedule required under §610. 

2.    Performance Principles.  The following measures are effective in minimizing erosion and sedimentation and shall be included where applicable in the control plan:

A.    Stripping of vegetation, regrading or other development shall be done in such a way that will prevent all but minor erosion, and must be accomplished according to the construction time schedule required under this §610.  All construction schedules proposing earth disturbance between October 1 and March 31 must be approved by the Township Engineer prior to any site activity. The developer may be restricted from disturbing stabilized areas during this period.

B.    Development plans shall preserve salient natural features, keep cut fill operations to a minimum and ensure conformity with topography so as to create the least erosion potential and adequately handle the volume and velocity of surface water runoff.  

C.    Whenever feasible, natural vegetation shall be retained, protected and supplemented.  

D.    The disturbed area and the duration of exposure shall be kept to a practical mini-mum.  In no event shall said exposure be more than 20 days.  Planting of all disturbed areas must be completed by October 1.

E.    Disturbed soils shall be stabilized as quickly as practicable.  

F.    Temporary vegetation and/or mulching shall be used to protect exposed critical areas during development.  

G.    The permanent final vegetation and structural erosion control and drainage measures shall be installed as soon as practical in the development.  

H.    Provisions shall be made to effectively accommodate the increased runoff caused by changed soil and surface conditions during and after development.  Where necessary, the rate of surface water runoff will be structurally retarded.  

I.    Sediment in the runoff water shall be trapped until the disturbed area is stabilized by the use of debris basins, sediment basins, silt traps or similar measures. 

J.    All public streets and/or rights of ways shall be kept mud, dirt and dust free during construction. Construction entrances shall be installed and maintained to provide for mud, dirt and dust free public streets and/or rights of ways.

3.    Grading for Erosion and Other Environmental Controls.  In order to provide suitable sites for building and other uses, improve surface drainage and control erosion, the fol-lowing requirements shall be met:

A.    Streets shall be improved to a mud free or otherwise permanent passable condition. All construction shall be installed in accordance with §504(7) and as approved in the final plan.  

B.    Provisions shall be made to prevent surface water from damaging the cut face of excavations or the sloping surface of fills by installation of temporary or permanent drainage across or above these areas.  

C.    Fill shall be placed and compacted so as to minimize sliding protection against erosion during periods of flooding.  

D.    During grading operations, necessary measures for dust control will be exercised.  

E.    Grading equipment will not be allowed to enter into flowing streams.  Provisions will be made for the installation of temporary or permanent culverts or bridges.  

4.    Responsibility.

A.    Whenever sedimentation damage is caused by stripping vegetation, grading or other development, it shall be the collective responsibility of the developer and of the contractor, person, corporation and other entity causing such sedimentation to remove it from all adjoining surfaces, drainage systems and watercourses and to repair any dam¬age at his expense as quickly as possible.  

B.    Maintenance of all erosion and sedimentation control facilities during the construction and development period is the responsibility of the land developer or subdivider.  

C.    It is the responsibility of any developer and any person, corporation or other entity doing any act on or across a communal stream, water¬course or swale or upon the floodplain or right of way to maintain as nearly as possible in its present state the stream, water¬course, swale, floodplain or right of way during the pendency of the activity to return it to its original or equal condition after such activity is completed.  

D.    The land developer shall provide and install, at his expense in accordance with Township requirements, all drainage and erosion control improvements (temporary and permanent) shown on the erosion and sediment control plan.  

5.    Compliance with Regulations and Procedures.  The installation and design of the required erosion and sediment control measures shall be in accordance with standards and specifications of the Cumberland County Soil and Conservation District.  

(Ord. 95-1, 2/2/1995, §512)


§513.    CEDAR RUN WATERSHED STORMWATER MANAGEMENT.

[Due to its length, Ordinance 02-10 is under separate cover.]

Ord. 02-10, 12/03/2002, §I)























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