SUBDIVISION AND LAND DEVELOPMENT ORDINANCE for MUNCY CREEK TOWNSHIP
Enacted: February IO, I997 Effective: February 15, 1997 Ordinance No. 97-1 I I
I ORDINANCE # 97-1 I
I MUNCY CREEK TOWNSHIP 1 SUBDMSION AND LAND DEVELOPMENT ORDDNANCE 1
'II 11 Enacted: February 5,1997 Effective: February 10, 1997 I I
,I - Prepared by I' MUNCY CREEK TOWSHIP PLAYING COiMiMISSION and Approved by MWCY CREEK TOWNSHIP BOARD OF SUPERVISORS 'II
11 with the assistance of I LANDPLAN, INC. 11 Professional Planning & Development Consultant I I 1 1 TABLE OF CONTENTS
I ARTICLE I -- AUTHORITY. PURPOSE .L?DJURISDICTION PAGE 100 AUTHORITY ...... 1 I 101 INTENT ...... ~...... 2 102 PURPOSE ...... 2 I 103 JURISDICTION ...... 2 104 DISCLAIMER OF LIABILITY ...... ____~ . .__...... _. . . 3 I 105 CONFLICT WITH OTHER ORDNANCES ...... 3 B ARTICLE II - SUBMISSION PROCEDURES AM)REOUIREMENTS 200 GENERAL ...... -. . . ~...... 4 20 1 SKETCH PLAYS ...... 4 I 202 LAW DEVELOPLME" PLXVS ...... 5- I 203 PRELrnrnARY PLAYS ...... 6 204 FNK PLANS ...... 9 ~1 205 PLAN PROCESSIh-G PROCEDURES ...... 12 206 PROCEDURE FOR INSTALLATION AND APPROVAL OF IMPROVEMENTS ...... _.. 14 ~I 207 FEE SCHEDLXE ...... 17 208 RECORDING OF FINAL. PLAV ...... 18 ~I 209 RESUBDMSION PROCEDURES ...... 18
ARTICLE IlI - STJBDMSION DESTGX A-ND CONSTRUCTION STANDARDS I .. 300 STAWARDS ...... 19 I 301 STREETS ...... _____...... ~...... _ 19 302 BLOCKS ...... 27 3 03 LOTS ...... ___._. 28 I 304 EASEMEXTS ...... _...... 28 305 SEWAGE DISPOSAL FACILITIES ...... 29 306 WATER SUPPLY ...... 31 ,I 3 07 SITE PREPXRXTIOh- REQLWMENTS ...... 32 308 STORMWATER imVAGEM2" ...... _...... _. . 34 309 WETLANDS ...... -...... 38 I 3 10 FLOODPLAIN h/LANAGElMENT ...... _..._. .... _...... _. 39 311 UTILITIES ...... -. . . 42 I 3 12 1LLoNuMEms AND -MARKERS ...... 42 I I 1 TABLE OF CONTENTS - CONTINUED
ARTICLE lV - LAND DEVELOPMENTS -PAGE 400 GENERAL REQIJIKEmS ...... 43 I 401 RESIDENTIAL DEVELOPMEM'S ...... 43 402 COMMERCIALAii NDUSTRWL DEVELOPMENTS ...... 44 I 403 CAiWGROUNDS ...... 44
I ARTICLE V - MOBILE HOME PARKS
500 GENERAL REQulREMENTS ...... 45 I 501 DESIGN STANDARDS ...... 45 I ARTICLE VI - ADMWISTRATLON 600 WAIVERS ...... 4s I 60 1 RECORDS ...... 4s 602 AMENDMENTS ...... :... 48 603 PRErnrnREMEDIES ...... 4s I 604 ENFORCEiMENT REMEDIES ...... 49 605 vaID1TY ...... 50 606 REMEDIEs ...... 50 I 607 EFFECTIVE DATE ...... 51
1 ARTICLE VII -.-DEIX"IONS I ...... 52 I I I I I I I ARTICLE I I AUTHORITY, PURPOSE AND JURISDICTION 100 AUTHORITY
I The Muncy Creek Township Supenisors are vested by law with the readation of subdivision and land development located within the Township limits by Article V, Section I 501, of the Pennsylvania LMunicipalities Code (Act 170 of 1988), as amended. A. Subdivision is defined as the division or redivision of a lot, tract or parcel of land by I any means into two (2) or more lots, tracts, parcels or other divisions of land including changes in existing lot lines for the purpose, whether immediate or future, of lease, partition by the court for distribution to heirs or devisees, transfer of ownership, or I building or lot development; provided, however, that the subdivision by lease of land for agricultural purposes into parcels of more than ten (10) acres, not involving any I new street or easement of access or any residential dwelling shall be exempted. B. Land development is defined as any of the following activities:
I 1. a subdivision of land.
2. the improvement of one (1) or two (2) or more contiguous lots, tracts or parceb of I land for any purpose involving a group of two or more residential or nonresidential burldings, whether proposed initially or cumulatively; or, a single nonresidential building on a lot or lots regardless of the number of occupants or tenure.
3. the improvement of one (1) or two (2) or more contiguous lots, tracts or parcels of land for any purpose involving the division or allocation of land or space, whether initially or cuhulatively, betweeii or among two or more existing or prospective occupants by means of: or for the purpose of streets, common areas, leaseholds, 1 condominiums, building groups or other features; excluding the following types of activities:
I a. the conversion of an existing single-unit detached dwelling into not more than three (3) residential units, unless such units are intended to be a condominium; and,
b. the addition of an accessory building, including farm buildings, on a lot or lots subordinate to an existing principal building.
C. Where small portions of existing lots, tracts or parcels of land are being acquired by governmental units or public utilities for use in road improvements, utility lines, or
1 I review andor approval. The Commission has full authority to either approve or I disapprove all plans. I 104 DISCLAIMER OF LIABILITY The approval of a subdivision or land development plan in which any portion of the subdivision or land development is within a floodplain shall not constitute a representation, I guarantee, or warranty of any kind by the Township Planning Commission or by any official or employee of the Township as to the practicability or safety of the proposed use, 1 and shail create no liability upon the Township, its officials or employees. I 105 CONnICT WITH OTHER ORDINANCES Where any provision of this Ordinance is found to be in confiict with the provision of a zoning, budding lire, sdety, health, or other ordinance or code of a municipality under the I jurisdiction of this Ordinance, the provision which establishes the higher standard for the promotion and protection of the health and safety of the people shall prevail except as I otherwise provided herein. I I I 1 I I
I I I 3 I I ARTICLE I1 I SUB&lISNOON PROCEDURES AND XEQUIREiWENTS 200 GENERAL I A. Hereafter, except as provided in these regulations, no plan of any subdivision or Iand development shall be approved by the Planning Commission except in accordance with these regulations. It is the responsibility of the subdivider to coordinate his or her I plans with the public and private service agencies in the manner set forth in this Ordinance.
I B. From the time a plan, whether prehinary or final, is duly 6led as provided in this Ordinance, and while such plan is pending approval or disapprovd, no change or amendment of any zoning, subdivision or other governing ordinance applicable to the 1 plan shall affect the decision on such plan adversely to the applicant. The applicant shall be entitled to a decision in accordance with the provisions of the said ordinances I as they stood at the time the plan was duly filed. I 201 SKETCHPLANS A. The Planning Commission may require the submission of a sketch plan for review prior to the formal f3ng of a subdivision plan. Sketch plans shall be considered as I submitted for informal discussion between the subdivider and Commission, and shall not constitute formal filing of a subdivision pian.
I B. Sketch plans should be legibly drawn to scale and show the foilowing data:
1. Title block, containing the name of the owner of the tract, municipality, date, and i approximate scale of the drawing. - 1 2. North arrow.
J.- Tract boundary sketch, showing the relation of the tract to the road and highway 1 system of the area. 4. Location sketch, showing the location of the proposed development in relation to I the entire tract. 5. GeneraI street and lot layout, including the approximate dimensions and acreage of I the area to be developed, and the location of existing and proposed buildings, soils test sites, on lot sewage systems or sewers, water mains or wells, utilities, streets .
and parking areas, rights-of-way and easements, and watercourses and other ' I significant natural features. I 4 1 I
C. At the request of the subdivider, at least three (3) members of the Planning I Commission may meet at their convenience with the subdivider to inspect the property he wishes to subdivide before the presentation of the preliminary plan. Based on a site visit and sketch plan, the Commission will, within 45 days of the site visit, advise the I subdivider of the extent to which the sketch plan conforms to the design standards of this Ordinance. The Commission may also suggest any modifications deemed advisable or necessary to secure conformance. I D. The Planning Commission may require a sketch plan showing the overall layout of a I development at the time of consideration of any hal or prehmuy plans where land under the same ownership is remaining but not immediately plotted for subdivision or development. I 202 LAND DEVELOPMENT PLANS I A. A plan meeting the requirements of Section 201 B. may be submitted to the Planning Commission for approval as a land development. A sketch plan submitted as a land development proposal shall also meet the following requirements: I
I. Nine (9) copies of the plan, on 18" x 24" x 36" sheet size, dram to a scale not greater than 200 feet to the inck shall be submitted to the Planning Commission. 1 2. Two (2) copies of proposed deed restrictions, if any, shall be submitted with the I plan. 3. The sketch plan submission shall include detailed specifications for streets, sewage I disposal and water supply systems, stormwater controls, utilities, and other site iniprovements. I 4. Two (2) copies of the appropriate DEP Planning Modules, and other docukentation and certificates OF approval flom the proper authorities as may be required by the Planning Commission shall be submitted with the plan. I
5. Where such plans propose the development of an area for residential, commercial, or industrial use serving more than one (1) occupant, the Planning Commission I may require the developer to submit a plan certified with seal by a registered professional land surveyor, which shows additional information such as bearings and distances of areas proposed for development, topographic contours at vertical 1 intervals of minimum of five (5) feet andor the boundary of the 100 year floodplain. I 4 B. Land development plans shall be approved in accordance with the plan processing procedures contained in Section 205. Approval of a land development plan does not I authorize the recording of the plan or the conveyance of lots. I 5 I 203 PRELIMINARY PLANS
A Subdivision plans proposing streets, sanitary sewers or community sewerage systems, stormwater controls, or other improvements shall be considered as preliminary plans, unless a performance bond or other performance assurance has been filed with the municipality in accordance with Section 206 of this Ordinance.
B. Planning Commission approval of the preliminary plan shall constitute approval of the subdivision or land development as to the character and intensity of development, and the arrangement and approximate dimensions of streets, lots, and other planned features. The approval binds the subdivider to the general scheme of the subdivision shown and permits the subdivider to proceed with hi detailed design of improvements, and with preparation of the final plan. Approval of the preliminary plan does not authorize the sale of lots nor the recording of the preliminary plan, nor constitute approval of the Final Plan.
C. Nme (9) copies of the preliminary plan and two (2) copies of all other material and information required by this Ordinance shall be submitted to the Commission with a letter of intent. The copies of the preliminary plan can be either black and white or blue and white prints. The sheet size shall be either 18" x 24" or 24" x 36". The preliminary plan shall be at a scale not to exceed 100 feet to the inch.
D. The prelirmnary pian shall show the following data:
1. Title block, containing the name of the owner of the tract, municipality, date, scaie, and name and profession of individual preparing the plan; certification with seal, by a registered professional land surveyor, to the effect that the survey and map are correct. - 2. Location map, showing the relation of the tract to adjoining properties, the road and highway system, municipal boundaries, and including an area extending at least 112 mile Erom the subdivision parcel boundaries.
3. Tract boundary sketch, showing the location of the proposed development in relation to the entire tract and the names of owners of all adjoining property and of all abutting subdivisions.
4. North arrow, perimeter boundaries showing bearings and distances of the area to be developed, proposed lot lines, dimensions of areas to be dedicated to public use, and building setback lines; total number of parcels or dwelling units, including a numbering system to identifL each lot, approximate area of each Iot, total acreage, and existing zoning classification.
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5. Location and width of all existins or proposed streets, rights-of-way, parking I areas, and easements on or adjacent to the tract, including right-of-way and pavement widths and street names. Duplication of existing street names within the municipality shall be avoided. I
6. Location and size of existin,o and proposed sewers, water mains, and culverts, buildings, transmission lines, fire hydrants, and other sigmficant man-made I features.
7. Soil percolation test sites andor deep test pit sites, except where sanitary sewers 1 or community sewerage systems are provided. I 8. Existing watercourses, floodplains, wooded areas and other sigmficant natural features. The boundary of the floodplain shall be shown utilizing the Flood hmceStudy for the municipality. If such information is not obtainable, the I floodplain shall be generally located utilizing the best available data such as the Flood Hazard Boundary Map for the municipality, Corps of Engineers Roodpfain Studies, or mapping of previous floods. The 100 year flood elevation shd be I provided wherever feasible, or where new developments of more than 50 lots or five (5) acres, whichever is less, are involved. I 9. Topographic contours at vertical intervals of a minimum of five (5) feet and datum and benchmark to which contour elevations refer. Topographic contours of two (2) foot intervals may be required on flat sites and development plans for intensive I development. The Planning Commission my waive the requirements for topographic contours in low density subdivisions involving no public water or sewer systems and where a site inspection provides suf3icient information for I approval. I E. The following information, data, -and documents shall be submitted with the preliminary plan: I 1. Review fee and inspection fees.
2. Copies of proposed deed restrictions, if any. I
3. Cross-sections and centerline profiles for each proposed street, and preIiminary designs of proposed bridges and culverts. I
4. Sketch of proposed street layout for the remainder of the affected parcel where the preliminary plan covers only part of the subdivider's holdings. I
5. Documentation, in accordance with Section 305 of this Ordinance, that the subdivider has adequately planned for sewage disposal, including preliminary I I 7 I designs of proposed sanitary sewers or community sewerage systems, and, if required, feasibility studies.
6. Where appropriate, approval letters or permits issued by local water authorities or the Department of Environmental Protection for water supply systems, preliminary designs of such systems, and, if required, feasibility studies.
I 7. A Stormwater Management Plan for the proposed subdivision in accordance with I the requirements of Section 308 of this Ordinance. 8. Estimated costs of all proposed or required improvements.
9. Other documentation and certificates of approval from the proper authorities as may be required by the Planning Commission.
I 10. Where the land included in the proposed subdivision has a gas pipeline, a petroleum or petroleum products transmission he or power transmission line located thereon, a copy of the recorded document for such pipeline or trwmissioa I line may be required to be submitted to venfy the location and width of said ri&t-of-way . 19 11. If any portion of the proposed development is in a flood hazard area, additionaI information concerning protection and use of this area shall be submitted as I required by law or reguiation. Such information shall include assurances that all utilities and facilities, such as streets and sewer, gas, electrical and water systems are located and constructed to minimize flood damage, and that adequate drainage I is provided so as to reduce exposure to flood hazards. 12. Such evidence as may be necessary or required by Section 307 of this Ordinance to :I show that effxtive soil conservation measures have been planned and are to be implemented in- accordance with' Title 25, Chapter 102 of the Rules and Regulations of the PA Department of Environmental Protection or as may B hereafter be amended. For €&her information concerning this, the subdivider or developer is referred to the most current Soil Erosion and Sedimentation Control iVanuaI, DEP, and the Lvcoming Countv Conservation District Erosion and I Sediment Control Handbook.
13. If any alteration or relocation of a stream of water course is proposed, a permit I from the Department of Envkonxnentai Protection must be obtained and proof of such submitted to the Commission. Prior to such alteration or relocation, adjacent communities, the Department of Community and Economic Development, and the Federal Insurance Administration must be notifled. Under no circumstances shall any alteration or relocation take place which will lower the flood carrying capacity.
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204 FINAL PLANS I
A. Where site improvements are not proposed by the subdivider, nor required by the Planning Commission, or where improvements have been installed in accordance with I a previously approved preliminq plan, or an acceptable performance assurance has been filed with the Commission, the proposed subdivision plan may be considered as a final plan. I B. The final plan shall conform in all respects with any approved preliminary plan. I Otherwise the plan submitted shall be considered as a revised prelmmary plan. C. The applicant shall have a period of five (5) years from the date of preliminary I approval in which to submit a 6nal plan. If the applicant fds to submit a finai plan within the said five (5) year period, the approval of the preliminary plan shall become nulI and void unless an extension of time is requested by the subdivider in writing, 1 along with a schedule for submission of the final plan, and is approved by the Commission prior to the expiration date. I D. The find plan may be submitted in sections, each covering a portion of the entire subdivision or land development shown on the preliminary plan. I E. Nine (9) copies of the find plan and two (2) copies of all other materids and information required by this Ordinance, shall be submitted to the Commission with a I Ietter of intent. The copies of the fkal plan can be either black and white or blue and white prints. The sheet size shall be 28" x 24". The final plan shall be at a scale not to exceed 100 feet to the inch. I F. The final plan shall show the following data: 1 1. Title block, containing the name of the owner of the tract; municipality; date, scale, name-and cedication, with sea and original ink signature, of the registered professional land surveyor preparing the plan. I
2. Location map, showing the relation of the tract to adjoining properties, the road and highway system, municipal boundaries, and including an area extending at Ieast I 1/2 mile from the subdivision parcel boundaries.
3. Tract boundary sketch, showing the location of the proposed development in I relation to the entire tract and the names of owners of all adjoining property and all adjacent subdivisions. I 4. North arrow, boundary lines by bearings and distances which provide a survey of the area to be developed, closing with an error of not more than one (1) foot in I 5,000 feet. I 9 I 5. Proposed lot lines by their courses and distances showing bearings to the nearest I second and distances to the nearest 1/100 (one one-hundredth ) of a foot, dimensions of areas to be dedicated to public use, and building setback lines; total number of parcels or dwellins units, including a numbering system to identrfj. each 1 lot, acreage of each lot, total acreage, and existing zoning classification.
6. Location and width of all existing or proposed streets, rights-of-way, parking I areas, and easements on or adjacent to the tract, including bearings and distances of rights-of-way and easements, or their centerhes; right-of-way and pavement I widths; and street names. 7. Location and size of existing and proposed sewers, water mains, culverts, I buildings, transmission lines, fire hydrants, and other significant man-made features on or adjacent to the tract.
8. Soil percolation test sites and/or deep test pit sites, except where sanitary sewers or community sewerage systems are provided.
1 9. Existing watercourses, floodplains, wetlands, wooded areas and other significant natural features. The boundary of the floodplain shall be shown utilizing the Rood Insurance Study for the municipality. If such information is not obtainable, the 1 floodplain shall be generally located utilizing the best available data such as the Flood Hazard Boundary Map for the municipality, Corps of Engineers Floodplain I Studies, or mapping of previous floods. The 100 year flood elevation shall be provided wherever the Flood Insurance Study is available, wherever feasible, or where new developments of more than 50 lots or five (5) acres, whichever is less, I are involved.
10. Topographic contours at vertical intervals of a minimurn of five (5) feet and datum 1 and benchmark to which contour elevations refer. Topographic contours of two (2) feet intends may be requiredon flat sites and development plans for intensive development. The Planning Commission may waive the requirements for 1 topographic contours in low density subdivisions involving no public water or sewer systems and where a site inspection provides suf€icient information for I approval. 11. Location and material of all permanent markers.
G. The following information data, and documents shall be submitted with the final plan:
1. Corrected and updated material &om the preliminary plan.
2. Plan processing and improvement design review fees, where applicable.
10 3. Copies of proposed deed restrictions, Right-of-way Use and Maintenance I Agreements, and deeds proposing dedication of improvements to the concerned municipality. I 4. Final cross-sections and centerline profiles for each street, and final designs of bridges and culverts. I 5. Documentation, in accordance with Section 305 (Sewage Facilities) of this Ordinance, that the subdivider has adequately planned for sewage disposal, 1 including final designs of sanitary sewers or community sewerage systems, where applicable. I 6. Where appropriate, approval letters or permits issued by local water authorities or the Department of Environmental Protection for water supply systems, and final designs of such systems. 1
7. Final designs of any stormwater control improvements, and related documentation required in accordance with Section 308 ofthis Ordinance. I
8. Other documentation and certificates of approval &om the proper authorities as may be required by the Planning Commission, including but not limited to, I PADOT Highway Occupancy Permits or Township Driveway Permits, where applicable, and/or letters from utility companies indicating their ability to serve and I their requirements for providing service to the proposed development. 9. If any portion of the proposed development is in a flood hazard area, additional I information concerning protection and use of this area shd be submitted as required by law or re,dation. Such information shall include assurances that all utilities and facilities, such as streets and sewer, gas, electrical and water systems 1 are located and constNcted to minimize flood damqe and that adequate drainage is provided so -as to reduce exposbe to flood hazards. I 10. Such evidence as may be necessary or required by Section 307 of this Ordinance to show that effective soil consenration measures have been planned and are to be implemented in accordance with Title 25, Chapter 102 of the Rules and 1 Regulations of the PA Department of Environmental Protection, or as may hereafter be amended. For Merinformation concerning this, the subdivider or developer is referred to the most current Soil Erosion and Sedimentation Control 1
Manuai, DEP and the Lvcoming; Countv Conservation District Erosion and ’ Sediment Control Handbook. I 11. Lf any alteration or relocation of a stream or watercourse is proposed, a permit from the Department of Environmental Protection must be obtained and proof of I such submitted to the Commission. Prior to such alteration or relocation, adjacent communities, the Department of Community and Economic Development, and the
11 i Federal Insurance Administration must be notified. Under no circumstances shall 1 any alteration or relocation take place which wiIl lower the flood carrying capacity. 1 12. Where appropriate, one of the following for garanteeing improvements: a) a bond, certified check or other security satisfactory to the Planning 1 Commission; or b. a certificate from the Township Planning Commission's en,oineer that the I improvements have been inspected and found to be installed in accordance with specifications approved as part of the preliminary plan. I 13. A copy of the arrangements made regarding ownership and maintenance of all undedicated recreation or open space areas in the development; streets; parking I lots; and stormwater management facilities, if applicable. 205 PLAN PROCESSING PROCEDURES
I A. All new subdivision and land development plans must be fled in the Muncy Creek Township Office by the first day of the month in order to be considered for placement on the Agenda of that month's Regular Planning Commission meeting. All subdivision 1 or land development plans being submitted for reconsideration must be fled in the Township Office no less than 15 days in advance of the Regular Planning Commission I meeting at which the applicant proposes to have the plans considered. A plan shall not be considered fled until the Planning Commission is in receipt of all required plans, materials and filing fees. (See also Sub-Sections 205 B. and C. below for additional 1 plan processing requirements.) B. The Subdivision Plan Review Committee of the Planning Commission shall, upon 1 receipt of a subdivision or land development plan proposed for either preliminary or final consideration, check for complkeness. E incomplete, the submission shall be prornptiy returned to the applicaddeveioper, with an indication of its deficiencies. I Where applicable the Committee may indicate or recommend to the applicanddeveloper that such plans be submitted for sketch plan consideration Written concurrence &om the applicanddeveloper shall be required for such 1 consideration. 1 C. If the submission is determined complete by the Subdivision Plan Review Committee, then copies of the plans shall be distributed as follows: 1 1. A minimum of four (4) copies of the plans (or other number as may be required) and nivo (2) copies of the accompanying documentation (including the applicable review fee) shall be delivered by the applicant to the Lycoming County Planning I Commission for their review and recommendations. The County Planning Commission shall report its findings to the Township Planning Commission within I 12 I 30 days of the date that such plans were forwarded to the County. The Township I shall not approve any subdivision or land development plan until the County report is received or until the expiration of 30 days from the date the application was forwarded to the County. I
2. Where a proposed subdivision or land development involves the desig of streets, pubIic or community sewer systems or water supplies, stormwater management I facilities, or other site improvements, one (1) copy of the plan and one (1) copy of the accompanying documentation shall be forwarded by the Township Planning I Commission Secretary to the Township Engineer for his review and recommendations. Copies of the plans may also be forwarded to the Township Zoning Officer, the P-4 Department of Transportation, the PA Department of I Environmental Protection, the County Conservation District, or officials fiom adjacent municipalities for their input and comments. A minimum of two (2) weeks shall be allowed for these reviews. 1
All remaining copies of the plans shall be retained by the Township Planning Commission for consideration. I D. Before any action is taken on the plan, at least two (2) members of the Planning 1 Commission shall view the site and evaluate the proposed plan on the basis of all information gathered. I E. At a scheduled public meeting the Commission shall consider the subdivision plan to determine its conformity to the design standards and requirements contained in this Ordinance. The Planning Commission shall render a decision not later than 90 days I following the date of the regular meeting of the Planning Commission next following the date that the plan is Bed, provided that should the next re9Ia.r meeting occur more than 30 days following the ang of the plan, the said 90 day period shall be I measured from the 30th day following the day the plan has been filed. The Secretary of the Planning Commission shd no<$ the subdivider of the Commission's decision in accordance with the following: I
Within 15 calendar days after the decision, the Secretary shall notify the subdivider or his agent, in Writing, of the action taken by the Commission, sp-g what I changes, or additions, if any, will be required prior to consideration of the final plan. The Commission's action shall be noted on all copies of the plan. One (1) copy shall be retained by the Planning Commission and the others returned to the I subdivider. Under no circumstances shall the subdivider commence work of any nature, other than surveying and staking, prior to receiving the approval of the plan 1 by the Commission. 2. When the proposed plan is not approved, the decision shall speclfy the defects I found and shall cite the provisions of the Ordinance which have not been met.
13 3. Failure of the Commission to render a decision and communicate it to the subdivider Within the time and in the manner required herein shall be deemed m approval of the application.
1 F. The Planning Commission may grant find or preIirninary plan approvd subject to conditions acceptable to the applicant. The Planning Commission shall produce a form 1 listing all such conditions within 15 days of the date of conditional approval. Faiiure of the applicant to sign such a form and return it to the Planning Commission within 1 30 days of conditional approval date shall rescind any approval granted. G. The Planning Commission may offer a mediation option as an aid in completing proceedings authorized by this Section. In exercisiq such an option, the Planning 1 Commission and mediatins parties shall meet the stipulations and follow the procedures set forth in Article IX of the PA Municipalities Planning Code (Act 170, as I amended.) H. In order to facilitate financing when requested by the developer , the Planning Commission may Wshthe developer with a signed copy of a resolution indicating I approval of the final plat contingent upon the developer obtaining a satisfactory financial security. The final plat or record plan shall not be signed nor recorded until 1 the financial improvements agreement is executed. The resolution or letter of contingent approval shall expire and be deemed to be revoked if the financial security agreement is not executed within 90 days unless a written extension is granted by the 1 Planning Commission; such extension shall not be unreasonably withheld and shd be placed in writins at the request of the developer.
1 206 PROCEDURE FOR WSTALMTION AND APPROVAL OF IMPROVEMENTS
A General Requirements
1. Improvements required by the Pl&ning Commission may include streets, sanitary sewers, water supply systems, stomwater controls, utdities, or other such improvements necessary to development of a site. I 2. Improvements shd be installed by the subdivider prior to hal plan approval, or a suitable guarantee shd be provided which shall ensure installation of the improvements by the subdivider at the standards set forth in these regulations. The I final plan shall not be approved until find detailed design of the improvements is approved and the improvements are installed and inspected and determined to be in _. a satisfactory state of repair, or a suitable parantee for installation and 1 maintenance is provided. 1 B. Improvement Guarantee
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1. In lieu of completion of any improvements required as a condition of &ai plan I approval, the applicant may file with the municipality financial security as an improvement parantee (see Section 104 G. 11.) in the amount of 110?4 of the estimated cost to install the same improvements 90 days after the estimated date of I completion of improvements. The cost of the required improvements shall be established by a qualified professional engineer selected by the applicant and submitted to the Commission for approval. The Planning Commission may choose I to reject such estimates for good cause shown. I 2. If the developer and the Planning Commission are unable to agree upon an estimate, then the estimate shall be recalculated and recertified by a quaIified professional engineer chosen mutually by the Commission and the developer. The I estimate certified by the engineer shall be presumed fair and reasonable, and shall be the final estimated. In the event an engineer is so chosen, fees for the services of said engineer shall be paid equdy by the Commission and the developer. I
3. Should the completion of the required improvements require more than one (1) year, the Planning Commission may increax the amount of the snancial security I by an additional ten (10) percent for each one (1) year period beyond the first anniversary date of the posting of the original security or to an amount not exceeding 110 percent of the cost of completing the required improvements as I reestabtished on or about the expiration of the preceding one (I) year period. I 4. If a development is projected over a period of years, the Planning Commission may authorize submission of plans by stages, which shall be subject to such requirements or ,wantees as the Commission deems essential for the protection I of any finally approved section of the development.
C. Release From Improvement Guarantee I 1. The Commission may authorize the release to the developer of such portions of the security necessary for payment to the contractors performins the installation of I required improvements. Any request for the release of fbnds shall be in Writing to the Commission and the Commission shall have 45 days &om receipt of the request to authorize its engineer to complete inspection of and cerhfl, in writing, that the I improvements to be covered by the funds have been compIeted satisfactorily.
2. Under certain conditions the Commission may agree to other procedures for the I release of portions of any posted hancial security so long as the work has been .. done in accordance with the terms of plan approval. .. I 3. When all necessary improvements have been completed the developer shall not@ the Commission in writing by certified or regstered mail of said completion. The I Commission shall, within ten (10) days after receipt of such notice, authorize final inspection by its engineer of the aforesaid improvements. A report shall be made
15 in writing by certified mail to the developer within 30 days of the inspection authorization and shall indicate approval or rejection of the compteted improvements.
4. Upon approval of the completed improvements the Commission shall release to the developer those hnds remaining in the financial security deposit including all '1 interest accrued thereunder. Prior to release of such knds, the developer shd guarantee to the Planning Commission in writing the structural integrity of the I improvements for a period of one (1) year. 5. If any portion of the completed improvements shall be found not satisfactory, the aforementioned written report shd contain a statement of reasons for rejection. 1 The developer shall proceed to correct or complete those improvements and upon completion shail now the Commission by those procedures contained in this I Section. 6. Should the Commission f@ to comply with the time limitations as provided, all 1 improvements will be deemed to have been approved and the developer shall be released fiom all liability pursuant to the financial guarantee agreement. 1 D. Dedication of Improvements 1. Where the subdivider proposes to dedicate improvements to the municipality, a I deed, which dedicates the land and such improvements to the municipality and is duly signed by the subdivider and Township Supervisors, shall be recorded with the lid plan. In accepting the deed of dedication and approving the final plan, the 1 municipality accepts ownership and maintenance responsibility for the improvements shown on the final pian.
I 2. Where the municipality accepts dedication of all or some of the required improvements, the governing body of said municipality may require 15% of the actual cost of the improvements for financial security to insure the structurd integrity of those improvements for a term not to exceed 18 months f?om the date of acceptance of dedication.
3. The Cornmission may approve a fhlplan without an offer of dedication of streets or other improvements, provided that such improvements are noted as private on I the final plan. The subdivider shall also be required to provide a notice in each deed, lease, or conveyance setting forth an arrangement between the subdivider I and buyer or lessee for maintenance of any such improvements.
16 207 FEE SCEIEDULE I A. Township Fees I All plan processing, improvement design review, and inspection fees shall be paid to Muncy Creek Township. Such fees shall be as defined below and shall be designed to cover reasonable and necessary costs associated with processing and evaluating I subdivision and land development plans, reviewing proposed designs for site improvements, and conducting inspections of improvement construcrion and I installations required by this Ordinance.
1. Nfuniciual Plan Processing Fees. Fees for the processing and evaluating of I preliminary and final subdivision and land development plans shall be established by Resolution of the Pviuncy Creek Township Board of Supervisors. Such fees shall be reasonable and shall include all municipal review and processin,o charges. 1 These fees shall accompany the submission of plans to the Township Planning Commission and shall be nonrefundable. I 2. Improvement Desim Review Fees. The applicanddeveloper shall reimburse the Township for all reasonable and necessary chases by the Township Engineer and/or consultant for the review of site improvement or development designs. I Such engineering or consulting fees shall be in accordance with the ordinary and customary charges by the en-eineer of consultant for similar service in the I community, but in no event shall the fees exceed the rate or cost charsed by the engineer or consultant to the municipality when fees are not reimbursed or otherwise imposed on applicants. I In.the event that the applicant disputes the amount of such desi9 review fee, the procedure for resolution of such disputes contained in Section 503( 1) of the PA I Munic_ipalities .Planning Code, 53 P.L. Section 10503(1), as reenacted and amended in 1988, December 21,-P.L. 1329, Act 170, and as may hereafter be &her amended, shall apply. I
3. Imurovement Inspection Fees. Where site improvements are required by the Township Planning Commission to be installed as condition of final approval of a I subdivision or land development plan, said improvements must be inspected by the Township Engineer in accordance with the procedure set forth in Section 206 C. of this Ordinance upon their completion. The applicanddeveloper shall reimburse 1 the Township for the reasonable and necessary expense incurred for the inspection of such improvements. Such expense shall be in accordance with the ordinary and I customary fees charged by the municipal engineer for work performed for similar services in the community, but in no event shall the fees exceed the rate or cost charged by the engineer to the municipality when fees are not reimbursed or I otherwise imposed on applicants. These fees shall be paid prior to the hal release of hnds contained in any performance guarantee. 1 17 I I
I In the event that an applicanddeveloper disputes the amount of such inspection fee, the procedure for the resolution of such disputes contained in Section 51O(g) of the PA Municipalities Planning Code, 53 P.S. Section 10510(g) as reenacted I and amended in 1988, December 31, P.L. 1329, Act 170, and as may hereafter be hrther amended, shall apply.
I B. Countv Plan Review Fees I Fees for Lycoming County Planning Commission review of plans for proposed subdivision and land development located in Muncy Creek Township shall be established by Resolution of the Lycoming County Commissioners. I Applicantddevelopers shall be responsible for assuming all costs associated with the review of subdivision or land development plans, according to the Fee Schedule and I procedure established by the County. 208 RECORDGVG OF FINAL PUN
I A. Upon notification of approval of the hal plan, the subdivider shall record one (1) copy of the approved plan in the office of the Lycoming County Register and Recorder I with 90 days after approval of the hal plan. Should the subdivider fail to record the find plan within such 90 cay period, the approval of the Commission shall be null and void unless an extension of time is requested by the subdivider in writing and is I granted by the Commission before the expiration date. The fhal piam shall be filed with the Lycoming Counry Register and Recorder before proceeding with the sale of 1 lots or construction of buildings. B. Recording the hdplan after approval of the Commission shall have the effect of an irrevocable offer to dedicate all streets and other public ways to public use, and to I dedicate or reserve all park reservations and other public areas to public use unless reserved by the subdivider as herein &er provided. The approval of the Commission shall not impose any duty upon the municipality concerning maintenance or I improvement of any such dedicated streets, parks, areas or portion of same until actual appropriation of the same by ordinance or resolution, or by entry, use, or I improvement. 209 RESUBDMSION PROCEDURES
I For any replotting or subdivision of land, the same procedure, rules, and regulations shall I apply as prescribed herein for the original subdivision. I 1 18 1 I I ARTICLE 111 I SUBDIVISION DESIGN AND CONSTRUCTIONST~DD&' 300 STANDARDS
I A The principles, standards, and requirements of this Article shaU be applied by the Planning Commission in evaluating and reviewing proposed subdivision plans and shall be considered minimum standards. Where deemed appropriate or necessary to protect I the public health, safety or welfare, the Planning Commission may require more restrictive standards. Whenever other applicable regulations impose more restrictive I standards, those regulations shall apply. B. Land subject to floodins and land deemed by the Commission to be uninhabitable I because of other hazards to life, health or property such as excessive slopes, soil instability or inadequate weight bearing strength, or very poor access shall not be plotted for residential occupancy, not for such other uses as may increase danger to I health, life or property, or aggravate the flood hazard.
C. Subdivision plans shall conform to the Township Zoning Ordinance and Zoning Map, I and other plan adopted by the municipality and in effect. I 301 STREETS A. Street Classification
I 1. The State Highway includes all public streets and highways operated and I mahtained by the Pennsylvania Department of Transportation. 2. The Municipal Street System includes aII public streets and roads maintained by Muncy Creek Township. Subdiviiers and proposing public dedication of streets I within a subdivision shall submit road design and construction plans which meet the minimum speciiications of the Township. A deed which dedicates to the Township the land to be used as a public street shall be recorded with the final , 1 plan.
3. Private streets include all streets not dedicated, accepted, and maintained as public I streets. Private streets may be permitted where the following conditions can be met:
I a) A survey of the centerline of the private right-of-way shall be shown on the plot plans dong with a notation identrfylng the street and right-of-way as being I private. I 19 I b) The subdivider shd provide a Right-of Way Use and Maintenance Agreement I in each deed, Iease, or conveyance prescribing a right-of way width and location and setting forth an arrangement between the subdivider and buyer or lessee for improvement and maintenance of the private right-of-way. I
c) Where an existing private right-of-way is proposed to provide access to a new subdivision, the subdivider shall provide a Right-of-way Use and Maintenance I Agreement signed by all property owners using the right-of way if such an Agreement has not been previously included in the existing deeds. This I Agreement shall be recorded with the final plan and prescribe a right-of way width and location in accordance with the standards of this Ordinance and set forth anangements for maintenance of the private right-of-way. I B. Access 1 1. In order to protect the pubiic safety, the Planning Commission may restrict access onto a public street or highway to specific locations shown on the plot plan. I 2. Any subdivision or land development plan proposing any new pubiic or private streets or any new driveway(s) accessing a state highway shall contain a notice that a Highway Occupancy or Access Permit must be issued by the Pennsylvania I Department of Transportation before construction of access onto the state highway can be initiated. Additionally, the subdivider must submit to the I Township Planning Commission a copy of the Access Permit issued by PADOT prior to subdivision approval. 1 3. Subdividers proposing any new public or private streets or any new driveway(s) accessing onto a municipal road shall contain a notice that a Zoning Permit must be issued by the Township Zoning OEcer before construction of access onto the I municipal road can be initiated. Additionally, the subdivider must submit to the Township PI&g Commission acopy of the Access Permit prior to subdivision approval. I C. Street Pattern I 1. AU subdivision plans shall extend or continue existing rights-of way at a width no less than required by the adopted minimums, as specified by this Ordinance. I 2. Local streets within a new development or subdivision shall be laid out to discourage through tr&c. Local streets shd generally not provide access to I more than 30 lots, shall be laid out to discourage short cuts to streets or property beyond the subdivision, and shall minimize traffic speeds using appropriate posting. However, provision for the extension and continuation of collector streets into and 1 from adjoinins areas shali be required. I 20 1 3. Where a subdivision or land development abuts or contains an existing or proposed I collector street, the Planning Commission may require rnar-$,nal access streets, reverse frontage lots. or such other treatment as will provide protection for abutting properties, reduction in the number of intersections with the merial I street, and separation of local and through traffic.
4. If the lots in a development are large enough for resubdivision, or if a portion of I the tract is not subdivided, suitable access and street openings for such an I eventuality shall be provided. D. Street Design I 1. AU streets proposed for dedication to the municipality shall meet the design requirements of the current Guidelines for Design of Local Roads and Streets as I published by the PennsyIvania Department of Transportation. 2. Minimum right-of-way and cartway widths are shown in TABLE 1. The following IR requirements may also be applied. a) Provision for additional street right-of-way may be required by the Commission for public safety and convenience, or access to off-street parking I in commercial and industrial areas and in areas of high density residential I development. b) Where a subdivision abuts an existing street of inadequate width, additiod right-of-way shall be required in conformance with the uItimate right-of way I widths required under TABLE 1 of this Ordinance. In no case, however, shd .. the subdivider be required to dedicate more than the additional right-of-way necessary to provide one-half of the ultimate right-of-way if he abuts only one ,I side of the road. - 3. Minimum street grades and alignment shd be as shown in TABLE 1. The I following requirements shall also be applied.
a) All private and public streets shall be provided with a leveling area having a ,I grade of less than or equal to four (4) percent for a distance of 25 feet measured from the edge of the shoulder or curb of the intersecting street. This leveling area shall not produce a change in grade exceeding ei&t (8) percent.
19 b) Whenever street lines deflect f?om each other at any point, connection shall be iI made by horizontal mwes adequate to insure a si& distance of 100 feet. 1 c) Vertical curves shall be used in changes of grade exceeding one (1) percent. I 21 I I I TABLE 1
I Minimum Design Standards for Private and Public Streets
I Collector Streets Local' Private Streas Right-of-way Width 60' 50' 50' I Cartway Width 28' 20' 16' I Maximum Grade 8% 10% 10% iMinimum Radius at Centerline for 3 00' 175' 1 Horizontal Curves 11 Minimum Sight Distance 3 00' 150' Turnaround of Cul-de-sac I E&-of-Way Diameter 120' 80' Cartway Diameter 80' 60' I 'If Alleys or service drives are proposed, they shall have a minimum right-of-way Width of 20 feet. I * These standards shall not be applied to private streets serving less than three (3) lots or dwelling Units. Such streets shall have a minimum right-of-way width of 50' and a maximum grade of 12%.
"Private streets serving five (5) or more lots or dwelling units shaIl be designed to standards for local streets. -
22 I
E. Intersections I
1. Streets shall be laid out in an attempt to intersect as nearly as possible at right angles, and no street shall intersect any other at less than 60 degrees. Multiple I intersection involving the junction of more than two (2) streets shall be avoided whenever possible. 1 2. Property lines at intersections shall be rounded with radii at 35 feet for local streets and 50 feet for collector streets. 1
3 2. Streets entering opposite sides of another street shall be laid out directly opposite each other, or ifnecessary, or where encouraged by the Commission, they shall be I separated by at least 150 feet between centerlines, measured dong the intersected thoroughfare. 1 4. Intersections with streets shall be located not less than 800 fet apart between centerlines. I 5. At ail street intersemions no obstruction to vision (including si@ but not an existing building post, column, fence, or tree) exceeding 24 inches in height above the established grade of the street at the property line shall be erected or I maintained on any lot within a triangie formed by a line drawn between points dong adjacent street centerlines located 75 fezt distant flom their point of I intersection.
F. Cul-de-sac Streets
A cul-de-sac street may only be utilized in a subdivision or land development in Mmcy Creek Township where a "thou@-street" can not be provided, and must be designed to protect public s-dkty and simpllfy maintenance. Where proposed, such streets shall also be designed in accordance with the standards set forth in TABLE 1 of this Ordinance and the following requirements. I
1. Cul-de-sac meets shall be a minimum of 250 feet in length and shall not exceed 600 feet in length. Additional length may only be approved by the Planning I Commission where such length is determined to be in the best interest of the Township and where it is determined that the extension will cause no jeopardy to public safety. I 2. All cul-de-sac streets shall be provided with a turnaround area which shall be I cizraded and surfaced in the same manner as the street. Innovative alternatives to the standard circular turnaround (ie., "L" or TI-shaped turnarounds) may be considered by the Planning Commission where area equivalent to the requirement I for turnarounds in TABLE 1 is provided.
23 I I
Circular turnarounds shall be designed to include two, at-grade "storage" spaces \ I intended to facilitate snow removal. Such spaces shall be part of the right-of-way I of the street and shall each be 50 feet in width and 100 feet in depth. They shall be I situated at "10 o'clock" and "3 o'clock" at the head of the turnaround, and there shall be no parking in these areas, especially during and after winter storms. I 3. Any street dead-ended for access to an adjoining property, or because of authorized staged development, shall be provided with a temporary turnaround with a stabilized surface and an outside diameter of at least 100 feet. (The specific I time period allotted for such temporary construction shall be established by Agreement between the Township Planning Commission and the developer.)
I 4. Where possible, center islands shall be avoided in the design of cul-de-sac turnarounds, and parking shall be prohibited in all turnaround areas. -
1 G. Drivewavs I 1. All proposed lots or land developments shall be situated in such a &hion so that safe driveway access onto a public or private road can be provided. Safe driveway access shall be defined as that portion of a property on which a driveway could be constructed in accordance with the minimum ,pidelines contained in TABLE 2.
2. In a situation where si-dcant safety hazards exist, such as excessive slope or areas of extremely limited sight distance, the Planning Commission may require, prior to granting 6nal approval, that the subdivider construct the dnveway access in accordance with the guidelines contained in TABLE 2; or that a deed restriction be placed on the lot requiring the ,guidelines be complied with when a driveway is proposed for construction. I
I
24 I I I TABLE 2 Drivewav Desim Guidelines I Type of Driveway Driveway Minimum Minimum I Development Minimum Width6 Maximum Grade Intervals Sight Distance A. Single Unit 10 ft. 15%' 40 ft.' 150 ft.' B. Multi-Unit 20 ft. 12%' 50 200 ft.' 1 Residential' I C. Non-Residential 15 ft. 8%' 50 ft.' 300 ft.' B '4driveways shall provide a stopping or leveling area which extends 20 feet beyond the edge of the road cartway. This leveling area shall not exceed a maximum of 5% in grade nor intersect the shoulder of roads so as to produce a change in gade exceeding 8%. The leveling area shall I intersect the street or road at an angle of no less than 60 degrees and preferably 90 degrees. 'Between an intersection and the first driveway only, measured from the street edge to driveway IB edge.
3Between any two points of access, incIudin,o both driveways and public streets, and measured 'I from street or driveway edge to street or driveway edge.
'blinimuxn sight distance shall be measured from the point of intersection of the driveway 'I centerline and the street ris$t-of-way line to a point on the cartway centerhe. No significant obstructions or piantings higher than 30 inches Gr tree limbs lower than eight (8) feet shall be I permitted witbin this area. 'For the purposes of driveway desigq the multi-unit residential design criteria shall be used for I driveways providing access to five (5) or more dwelling units. AU other dwelling units shall meet the driveway requirements for single-family residential use.
6 I I Where dropped curbs are used to provide driveway access, the minimum width of the dropped curb shall be 20 feet for single-unit residential uses and 35 feet for multi-unit and non-residential uses. The transition from the noddriveway width to the width of the dropped curb shall begin I! ten (10) feet back fiom the edge of the curb for single-unit residential and 15 feet back for multi-unit and non-residential. 'I 1 25 I I
H. Street Names I
1. Proposed street in obvious ali-ment with others already existing and named shall be given the name of the street they continue. I
2. No name proposed shall duplicate or resemble closely an existins street name in the same or any neighboring municipality irrespective of the sufEix street, avenue, I boulevard, drive, way, alley, place, court, lane, except where the street whose name is duplicated is clearly related to the proposed street due to its giving access thereto. I 3. All streets will be posted with approved Township poles and signs located at I intersections.
4. All proposed street names shall be approved by the Township Supervisors. 1 I. Street Construction I 1. All streets proposed as part of a subdivision or land development plan shall be constructed in accordance with the standards set forth in TABLE 3, and as are further detailed in the following Sub-Sections. I
2. Streets shall be surfaced to the grades and dimensions drawn on plans, profiles, and cross-sections submitted by the subdivider and approved by the Planning I Commission. Before paving the street surface, the subdivider must install the required utilities and provide adequate drainage facilities for the streets. I 3. llie pavement subbase, base and wearins dace for residential, commercial, industrial developments shall be constructed to the specifications contained in the I current Guidelines for Desim of Local Roads and Streets as published by the PA DepaFtment of Transportation. All components of the pavement structure are to be in accordance with PADOT Publication 408. I
4. Street shoulders shall be constructed per PADOT specifications, Form 408, to a compacted depth equal to the depth of the base and wearing surface. The finished I Surface elevation of the shoulder shail meet the fished elevation of the cartway. Shoulders shall extend six (6) feet beyond the fished width of the cartway on each side, unless curbs are provided. I
5. In instances where access to a subdivision is proposed via a private ri&t-of-way serving three (3) or more lots or dwelling units, the following construction I standards shd apply: I I 26 I TABLE 3
CONSTRUCTION STANDARDS 'I FOR PUBLIC AND PRIVATE STREETS
Depth of Material I Street Type' Course Type of Material' Me; Compacti~n~.~ CoUector Streets Wearing Surface ID-2 2 112 inches I Base Bituminous Concrete, or equivalent 4 inches I Sub-base Sub-bases 6-12 inches Local Streets Wearing Surface ID-2 1 1/2 inches Base Bituminous Concrete, I or equivalent 4 inches Sub-base Sub-base' 6- 12 inches Private Streets Wearing Surface ------I (Serving 3 or 4 lots or Base 2RC Stone or equiv. 4 inches I d.u.'s)6 Sub-base Sub-base* 6 inches I ' Arterial streets shall be designed and constructed in accordance with all applicable PADOT I standards. ' All components ofthe pavement structure shdmeet the requirements specified in the most recent version of PADOT's Publication, Form 408. (See also PADOT Publication 70, Guidelines I for the Design of Local Roads and Streets, August 1990 or as amended.) I 3Compaction shall be by ten (10) ton vibratory roller or equivalent. 4The depth of all materials shall be determined by the Township on a case-by-case basis and shall I be based on the soil types and drainage patterns of the area. The sub-base shall extend Si (6) inches beqond the fished width of the cartway on each side to provide necessary support for the wearing surface and shall be at the same depth as the sub-base I material. I 6 Private streets serving five (5) or more lots or dwelling units shall be constructed to standards for local streets. I I a. Private streets sewing three (3) or four (4) lots or dwelling units shall be constructed using a minimum of six (6) inches of suitable compacted stone subbase.
I b. Private streets serving five (5) or more lots or dwelling units shd be paved and constructed to the specifications contained in the current Guidelines for Design I of Local Roads and Streets as published by PADOT. c. Existing private streets proposed as access to a subdivision must be I constructed with a sound ail-weather driving surface and be reasonably smooth and free from mud, dust and standing water. An independent engineering analysis, paid for by the subdivider, may be required by the Planning Commission to evaluate the capability of the existing road to accommodate the projected additional use generated by the proposed subdivision.
I J. Surface Drainaee
1. All streets shall be desiped to provide for the discharse of surface water from I their right-of-way, I 2. The slope of the crown on proposed streets shall be no less than 114 inch per foot. 3. Adequate drainage shall be provided at low points along streets, cui-de-sacs, and 1 elsewhere as necessary to intercept runoE 4. Special consideration shall be gjven to avoiding problems occasioned by the 1 concentration of stormwater runoff onto and over adjacent properties. I 302 BLOCKS A Blocks shdl have a-m(ucimum length of 1800 feet, and a minimum length of 800 feet I on the longest side. No block shall have any side shorter than 200 feet. B. Unless clearly impractical, block sides facing collector streets shall be no less than I 1200 feet long. C. Residentid blocks shall be of sufficient depth to accommodate two (2) tiers of lots, I except where reverse frontage lots border a collector street, or where topography may restrict the development of both sides.
D. In blocks over 1000 feet long, or where necessary to facilitate pedestrian circulation or to provide access to community facilities, the Planning Commission may require pathways or access walks to be provided and dedicated to public use. Access walks shall have a minimum right-of-way of 12 feet, and five (5) feet of paving or other suitable wearing surface approved by the Planning Commission.
27 I I 303 LOTS
A. All lots shall conform to the minimum requirements of the Muncy Creek Township I Zoning Ordinance in effect. The Planning Commission may require larger lot sizes where specific site conditions such as excessive slope or marginally suitable soils are known to exist. I 8. Lot size, dimension, and the placement of lots within blocks shall be so as to provide 1 the largest amounts of usable space for the owners thereof; the most economical provision of services; and, the most advantageous relationship with natural topography and vegetation. All lots shall abut a street. Wherever possible, lot lines shall follow I Township boundaries rather than cross them.
C. Double or reverse frontage lots shall be avoided, except where essential to provide I separation of residential development fiom collector streets or to overcome topographic and orientational disadvantages. Where double or reverse fkontage lots are employed, the foilowing requirements shall apply. I
1. Screening of ar least ten (10) feet, across which there shah be no right of access, shall be provided whenever double or reverse frontage lots are permitted. I 2. Rear yards wih a minimum depth of 75 feet shaU be required. I
D. E after subdividing, remnants of land exist, they shall be incorporated in existing or .I proposed lots, or legally dedicated to public use, if acceptable to the Township.
E. A parcel being subdivided for the purpose of being added to an existing, adjacent lot I of record shall not be subject to minimum lot size or the soils testing requirements, provided that a note indicating such is’ placed on the plot plan and that the existing lot and the addition shall be combined in one deed of record. If both parcels are described I separately in the same deed, then a note shall be placed on the plan and in the deed indicating that the two (2) lots are to be considered as one. Io this manner the purchaser is precluded from subsequent subdivision of the acquired addition without I prior approval thereof under the terms and conditions of this Ordinance.
304 EASEMENTS I A. When easements are required for utilities, the minimurn width shall be as required by I the utiIity companies and to the Mest extent possible, be centered on or be adjacent to rear or side lot lines or adjacent to the street right-of-way within the fiont yard. Local utility companies shall be consuIted by the developer when locating easements. 1 1 28 1 I B. Where a subdivision or land development is traversed by a water course, drainage I way, channel, or stream there shall be provided a drainage easement conforming substantially with the line of such water course, drainage way, channel, or stream and of such width as will be adequate to preserve the unimpeded flow of natural drainage, I or for the purpose of widening, deepening, relocating, maintaining, improving, or 1 protecting such drainage facilities or for the purpose of installing a stormwater sewer. 305 SEWAGE FACILITTES I A General Requirements In general, the method of waste disposal shall be determined by the Commission, giving consideration to the following order of preference:
1. connection to a public sanitary sewer system in accordance with the requirements of the State Department of Environmental Protection;
2. provision by the deveIoper of a complete private sanitary sewer system using a treatment plant, designed and constructed in accordance with the requirements of the State Department of Environmental Protection; or
3. sewage disposal on individual lots in accordance with the requirements of the State Department of Environmental Protection.
B. Plannine; Requirements
Documentation which demonstrates that the subdivideddeveloper has adequately planned for sewage disposal within the proposed subdivisioddevelopment shall be submitted with the initial plan (the prelimuzary or final submission, as applicable), OR the subdivider/deveIoper shall provide the Township with written documentation &om the Departkent of Environmental P&ction or designated Local Agency that the proposed subdivisiodand development has received an exemption from the sewage planning process. Unless such an exemption has been granted, the subdivided developer shall submit the appropriate DEP Planning Module Compouent(s) to the Township along with plans for the proposed subdivisiodand development. No hal subdivision or land development plan shall be considered complete of tiled with the Township until the appiicant has provided the applicable sewage facilities planning documentation.
C. Individual On-Lot Sewage Svstems
1. All proposed subdivision and land developments shall have appropriate soils testing performed by the municipal Sewage Enforcement Officer or a soils scientist in accordance with State Department of Environmental Protection standards for such tests, udess connection to or provision of a sanitary sewer or community
29 1
sewerage system is proposed by the developer OR unless an exemption has been I granted to the sewase planning process as outlined in Sub-section B. above. The location of all test sites shall be marked on the subdivision or land development plot plan. I
2. For single lot subdivisions or for residual parcels created by the subdivision of other land, where the subdivider provides written documentation to the Township I which demonstrates that the proposed subdivision or residue is not intended for development, the Plannins Commission may waive the requirement for soils testing. (All appropriate DEP sewage planning requirements shall however still be 1 met, including approval of Non-Building Waiver Request Forms, where applicable.) In such cases, plot plans shall be stamped or marked by the I Commission indicating that approved lots are "Not For Development". Prior to development, all such plans shall be resubmitted to the Planning Commission for approval and the requirements of this Section shall be met in fidl at that time. I 3. Where soils testing indicates that the soils of a site, lot or parcel will not accommodate an individual on-lot sewage system, the Planning Commission may I approve the proposed submission, provided that the plot plans indicate which lot(s) has failed the soils testing. Further, these plans shall be stamped or marked by the Commission indicating that such approved lots are "Not For Development" I and that prior to development, plans for these lots shall be resubmitted to the Planning Commission for approval. I D. Sanitaxy Sewer or Communitv Sewer%e Svstems
1. Where extension to an existing sanitary sewer system or construction of a new I sGtary sewer system or community sewerage system, either private or public, is proposed, the subdivider shall provide the Planning Commission with a letter of I certification from a registered professional engineer or a copy of an approved inspesion report fkom the Department of Environmental Protection which demonstrates that the proposed sewage disposal facilities have been constructed I according to the Permit issued by the DEP. Final approval of the subdivision plan, or where appropriate, release from an improvement guarantee, shall not be granted by the Planning Commission until the letter of certifkation or approved inspection I report has been received.
2. The Planning Commission reserves the right to retain an independent registered I engineer to certify that the sanitary or community sewerage system has been constructed according to the Permit issued by DEP. The subdivider shall reimburse the Township for all reasonable and necessary expenses charged by the I engineer for inspection of the sewer system. I I 30 I I 306 WATER SUPPLY A. Public Water Svstems
I 1. Subdivisions and land developments shall be connected to new or existing public water systems unless the developer shows that such connection is not feasible. The Planning Commission may require the developer to submit a feasibility study I prepared by a registered professional engineer to show that the use of a public I water system is not feasible. 2. If water is to be provided by means other than by private wells owned and maintained by the individual owners of lots within the subdivision or development, I applicants shall present evidence to the Planning Cornmission, that the subdivision or development is to be supplied by a certified public utility, a born fide cooperative association of lot owners, or by a municipal corporation, authority or I utility. A copy of a Ceecate of Public Convenience fiom the Pennsylvania Public Utility Commission or an application for such certificate, a cooperative agreement or a commitment or agreement to seme the area in question, whichever I is appropriate, shall be acceptable evidence.
3. New public water systems which are proposed to service new land development I shall be designed and constructed in accordance with the reMations of the Department of Environmental Protection. The developer shall submit to the I Planning Commission a copy of the appropriate DEP approval letter or permit for construction and operation of the new public water system. I 4. Extensions to existing water systems which are proposed to service new land development shall be designed and constructed in accordance with the replations of the Department of Environmental Protection. The developer shall submit to the I Planning Commission a letter from- the appropriate water authority approving the extension to the existing system.
I B. Non-Public Water Svstems
1. Where appropriate, the Department of Environmental Protection's approval letter I or permit for the construction and operation of a Ron-public water system proposed to service new subdivisions or land development may be required by the I Planning Commission. 2. Where groundwater problems are known to exist, or where anticipated leveis of I development may result in water supply problems, the Planning Commission may require the developer to demonstrate that a reliable, safe and adequate groundwater supply exists to support the water usage demands of the proposed I subdivision without detrimentd effects upon existing adjacent water wells. The standards set forth in the Safe Drinking Water Act shall be used. I 31 I 307 SITE PREPARATION REOUIRE3ENTS I A. Erosion and Sediment Control I Effective soil conservation measures shail be planned and implemented for all subdivisions and land developments in accordance with the Rules and Regulations of the Department of Environmental Protection (Title 25, Chapter 102 -- Erosion I Control, or as may hereafter be amended) and the following criteria. I 1. No changes shall be made in the contour of the land; no grading, excavating, removal or destruction of the topsoil, trees or other vegetative cover of the land shall be commenced unless adequate provisions are made by the landowner for I minimidng soil erosion and sedimentation.
2. For the purposes of this Ordinance, a complete erosion and sedimentation control I pian as outlined in the most current edition of the Erosion and Sediment Pollution Control Proam Manual, developed by the Bureau of Soil Conservation of the Department of Environmental Protection, shall be prepared by an individual of I demonstrated capability for subdivisions or land development proposals where:
a. a minimum of 1/2 acre will be disturbed to develop the site (inchding dwelling I construction, driveway and sewage system installation, etc.); or I b. site improvements are involved; or c. major earth movin~activities are proposed; or I d."disturbances are proposed for areas of steep or severe slope or for area adjacent to streams or water bodies; or I e. thk proposal involves any conherciai, industrial or institutional use; or I f where such is deemed appropriate by the Township.
3. All such Erosion and Sedimentation Control Plans shall be submitted to the I Township along with prelimimry or find subdivision or land deveiopment plans, as appropriate. A copy of the Plan shall then be forwarded to the Township Engineer, the Lycoming County Conservation District, and as necessary, the I Department of Environmental Protection, for review and acceptance prior to approval of the proposed subdivision or land deveiopment. I 4. A notice shall be placed on all final subdivision and land development plans indicating that hture property owners or developers must meet the Erosion and I Sedimentation Control requirements of the Department of Environmental Protection before lot development is initiated. I 32 5. Whenever sedimentation results from stripping vegetation, grading, regradins or other activity, it shall be the responsibility of the person, corporation or other entity causing such sedimentation to remove it from all adjoining surfaces, drainage systems and watercourses and to repair any damage at his expense as quickIy as possible. (All State-mandated permits shall be obtained by the contractor before initiating work in a stream or watercourse.)
B. Grading
In order to provide suitable building sites, the foIlowing requirements shall be met:
1. All lots, tracts or parcels shall be graded to provide proper drainage away fiom buildings without creating ponding problems, and all land within a development shall be graded to drain stormwater water as provided in Section 308 of this Ordinance.
2. Grading shall not divert water onto adjacent properties without the express I permission of the land owner and the Township. I 3. Grading equipment shall not enter or cross any stream or watercourse without first obtaining the necessary permit or approval from the Department of Environmental 1 Protection. 4. All excavation and fill activities shall adhere to the fo!.Iowing standards. I a. Cut and fUslopes shall not be steeper than 2:l unless stabilized by a retaining I.wall or cribbing.
I b. Adequate provisions shail be made to prevent surface water from damaging the cut face of ixcavations or the-doping Surfaces oftills.
I c. Cuts and tills shall not endanger adjoining properties and may be placed no closer than ten (I0) feet to any such property line.
I d. Fill shall be placed and compacted to minimize sliding or erosion. I e. Fills shall not encroach on natural watercourses or constructed channels. f Fdls placed adjacent to natural watercourses or constructed channels shall have 1 suitable protection against erosion during periods of flooding and shall be subject to all applicable floodplain management regulations and all reflations , of the Department of Environmental Protection. No fill shall be placed in any I designated Floodway. I 33 1 I
308 STORMWATER hUNAGEMENT 1
The management of stormwater fiom - site, both during and after any subdivision or Ian( development shall be accomplished in accordance with the standards and requirements of I the PA Stormwater Management Act (Act 167-'1978). The provisions of this Section are intended to provide protection against uncontrolled stonnwater runoft: and to assure that downstream property owners and water courses are not adversely affected by increases in I stormwater runoff resulting from a subdivision or land development. (In addition, all. permitting requirements established in the Federal Clean Water Act relating to stormwater I discharges shd be met. (See Sub-section A.4 below.) A General Requirements I 1. A Stormwater Management Plan meeting the criteria outlined in this Section shall be prepared by a registered professional engineer or other professional of I demonstrated capability for all subdivision or land development proposals where:
a. streets or other related improvements are proposed which will increase the I total impervious area of the tract;
b. slopes of the site or adjacent areas could contribute to accelerated stormwater I runoff as the lot (s) within the proposed subdivision are developed; 1 c. areas of poor drainage or stormwater runoff problems are known to exist within, directly adjacent to, or immediately down gradient from the proposed subdivision. I 2. All subdivision and land development proposals shall meet the requirements of any Watershed Stormwater LVanagement Plan or other Stormwater Management I Ordinance- in effect in the Township- or as may herernafter be enacted. 3. Stormwater Management Plans shall be submitted to the Township along with I preliminary and final subdivision or development proposals, as appropriate. A copy of the Plan will then be forwarded to the Township Engineer, the Lycoming County Conservation District, and as necessary, the Depart of Environmental 1 Protection, for review and acceptance prior to the approval of the proposed development. AH such Plans shall meet the minimum standards suggested by the Consemation District. I 4. Where construction activities or project disturbances associated with a subdivision I or land development propose to disturb five (5) or more acres of land, the developer shd apply for and obtain an NPDES Permit for his proposed stormwater discharge fiom the Department of Environmental Protection prior to I initiating such activities. A copy of this Permit shall be submitted to the Township as a part of the subdivision or land development plan submission process. 1 34 I B. Performance Standards
In order to improve the quality and general utility of stormwater management plans, subdivisions and land developments shall be planned, designed, and constructed in accordance with the following principles.
1. Stormwater management control Edcilities shall be incorporated into the oved design of any subdivision or land development or improvement in such a way that they may serve multipIe purposes such as wildlife areas, recreation areas, fire protection ponds, etc.
2. The natural inliltration and water resource potential of the proposed development site shall guide design, construction, and vegetation decisions. Runoff in excess of natural conditions from roofs and other surfaces which are unlikeIy to contain pollutants shall be recharged to the ground water table or stored for non-potable water uses to the maximum extent possible.
3. Improvements to control drainage and stormwater runoff within a subdivision or development shall be designed to increase the amount of water which Strates into the soil where possible, and to control the rate of runoff released off-site II throu& temporary storage of stormsater on-site. Such improvements may include, but are not limited to, deed covenants which restrict the allowable amount of impervious surface for each lot, the provision of drainage easements, seepage pits, I wales and detention and retention basins.
4. Existing trees and shrubs shd be preserved and protected to the maximum extent I possible. 1 5. AU natural streams, channels, drainage swales and areas of surface water concentration shall be maintained in their existing condition except where changes I can be justified on the basis of other design standards. C. Desiq Standards
I It shd be the developer's responsibility to provide sufficient plans, documentation and other technical data to demonstrate that the capacity of his proposed stormwater management facilities will adequately control runoff f?om his development. The 1 following standards shall be applied when designing such facilities. I 1. Stormwater management facilities shall be designed so that the peak rate of runoff fiom any development or subdivision shall be no greater than the peak rate of . . runoff from the site in its pre-development condition. In calculating the I pre-development runoff rate the following assumptions shall apply:
35 I
Woodland shall be used as the prior condition for those portions of the site I having trees greater than six (6) inches in diameter or where trees existed for at least 18 months prior to the development application. 1 Meadow shall be used for all other areas, including areas which are presently covered by impexvious surfaces, unless modified by the Township upon recommendation of its En-@neer. I
2. Caiculations for the desig of stormwater management facilities shall also asme that all driveways within the development or subdivision will be paved or covered I with an impervious surface.
4 I 3. All drainage and stormwater management facilities shall be designed to adequately handle surface runoff and carry it to a suitable outlet. Plans and designs for such facilities shaU determine stormwater peak discharge and runoff by using the U.S. I Agnculture Soil Conservation Semice Technical Release No. 55, Urban HydroIogy for Small Watersheds; the Rarional Method of Design developed by the American Society of Civil En-heers, LMa.nualNo. 37, for drainage areas containing less than I 20 acres; or other technical methodology acceptable to the Township and its En-gineer. I 4. The design for all proposed stomwater management facilities, includin,o sewers, drainage swales, and detention or retention basins, shall be reviewed and approved by the Township En_$.neer and shall be consistent with any such facilities existing I in the area of the subdivision or land development.
5. Drainage swales or open channels being designed to cany stomwater through or I around a proposed development shall be designed at a minimum to safely accommodate a 10-year frequency storm within their banks at velocities that 1 would not erode the channel bed or banks. Stormwater control devices, such as retention basins and any open cliannels which supply them shall be designed to handle a 100-year frequency storm within their banks and not create a hazard to I persons or property. Detention basins shall be designed to control the 2-year storm, the 10-year storm and the 100-year storm. I 6. Peak discharge rates for storms in excess of the 10-year storm may be required by the Township, upon recommendation of its Engineer, when it can be shown that a probable risk to downstream structures or unique natural areas exist or that an 1
existing flooding problem would be aggravated. Measures may also be imposed to .. protect against ground or surface water pollution where the type of business or the nature of the soils underlyin,o a stormwater control device would constitute a I substantial risk of such contamination.
7 Storm sewers must be able to convey post-development runoff tiom a 25-year I design storm without surchar-ging inlets. I 36 I I 8. Stonnwater runoff shall not be concentrated onto adjacent properties unless approval is given by the property owner and the applicable municipality. When stormwater drainage is to be directed into an adjacent municipality, all provisions II for accommodating such drainage shall be submitted to the governing body of that municipality for review prior to approval of the subdivision or land development B proposal. 9. Storm sewers and related installations shall be required when the stomwater runoff cannot be satisfactorily handled within the street right-of-way,
10. Where existing stonn sewers are reasonably accessible and of adequate capacity, subdivisions and land developments shall COM& to the existing system, subject to approval of the authority or municipality having jurisdiction over the &&g system.
11. Where a subdivision or land development is traversed by a water course, drainage- way, channel or stream, a drainage easement confonning substantially with the line of such water course shall be provided. The drainage easement shall be of such width as will be adequate to preserve the unimpeded flow of natural draina,ae ; or for the purpose of midening, deepening, relocating, maintaining, improving or protecting such drainageway; or for the purpose of protecting such water course for the purpose of stormwater management or installation of a stonn sewer. Any IB change proposed in the existing drainageway shall be subject to the approval of the Department of Environmental Protection.
12. All storm drainage facilities constructed along or crossing public streets or rights-of-way shall conform to all applicable requirements of the Department of Transportation related to such drainage fgcilities.
D. Plan Requirements
1 1. The Stormwater Management Plan for a proposed subdivision or laud development shall include a brief description of the following:
a. existing drainage patterns and stormwater runoff characteristics of the site, 1 including any existing drainage or stormwater run-off probiems and facilities; b. the anticipated impact that future development of the property will have on I e&ing stormwater runoff and drainage patterns; and, c. the type of structural and nonstructural improvements planned to control I post-development stormwater runoff. I 37 1 2. The proposed location of both structural and nonstructural improvements shall be I shown on the subdivision or development plot plans. The Township may also require the subdivider to provide topographic contour information at such intervals as deemed appropriate on the plot plans in order to better evaluate the proposed I stormwater management techniques andor facilities.
3. Separate, detailed specifications, hcludin,o design calculations, cross-sections, 1 profiles, etc. shall be submitted for all proposed structural stormwater management improvements, such as retention andor detention basins. I 4. The subdivider shall also submit a proposal for ownership and maintenance of all proposed stormwater management improvements within his development, in I accordance with the following provisions.
a. Where the subdivider proposes to dedicate such improvements to the 1 Township and the Township has agreed to accept the ownership and maintenance responsibilities thereof, a deed which dedicates the land to be used for the stormwater management improvement to the Township shall be I submitted as a part of the Stormwater Management Plan. If approved by the Township, the deed of dedication shall be recorded with the hal subdivision or development plan. I b. Alternately, where no municipal participation is anticipated, an Ownership and I Maintenance Agreement, speclfylng ownership and assigning maintenance responsibiIities for the proposed improvements to either the developer or propeq owners within the subdivision, shall be recorded with the final 1 subdivision or development plan and referenced in the deeds for each property . ‘withinthe subdivision. I 309 WETS
A No subdivision or land deveiopment plan shall be approved by the Township where I wetlands are known or are expected to exist until suflicient determination has been made regarding the actual existence and location of such areas. Wetland delineations shall be made utilizing the National Wetland Inventory Maps for Mmcy Creek I Township and the hydric soils listing contained in the Lycoming County SoiI Survey. Where such wetlands are situated within the proposed development area of a subdivision or land development, or where they will be disturbed by development of 1 the site, specific evaluations shall be conducted by a qualified wetlands specialist (with technical training and experience in botany, hydrology, soil science, or related fields) I to determine the actual location and dimension of the wetland areas. Following
4 delineation by the wetlands specialist, a Jurisdictional Determination or verification of the desipated wetlands shall be made by the U.S. Army Corps of Engineers. I 1 38 I B. A statement shall be placed on all pIot plans involving wetlands indicating that the landowner andor his sweyor were responsible for locating such wetiand areas and indemnifjrlng the Township against any and all liability arising therefrom. In addition, I the statement shall indicate the source(s) used to make the wetland determination. C. Where determined appropriate by the findings fiom Sub-section A above, specific I wetland delineations shall be shown on subdivision or land development plot plans and any additional information or determinations shall be submitted to the Township along with the prelirmnary or final subdivision or land deveiopment plans, as applicable. 1 Subdivision approval may be granted for developments including wetIands, but such approval shall prohibit building construction within 25 feet of these areas unless the 1 requirements of sub-part D. below can be met. D Construction within wetland areas of the Township shall not be permitted unless such development can comply with Section 404 of the Federal Clean Streams Act and I Section 105 of the State Regulations for Bodies of Water within the Commonwealth. (Permits to meet both sets of requirements, administered by the U.S. Army Corps of 1 Engineers and the Department of Environmental Protection, respectively, can be applied for using a joint application.) Building Permits shall not be issued by the Township until both the Federal and State regulations have been met. i4I 310 FLOODPLAIN MANAGEMENT I A. Purpose In accordance with the intent and requirements of the National Flood Insurance 1 Program and PA Floodplain Management Act (Act 166 of 1978), the floodplain manajernent regulations contained in this Section are intended:
1. to regulate the subdivision and development of flood-prone areas in order to promote the Seneral health, weKGe, and safety of the community;
I 2. to require that each lot in a flood-prone area be provided with a safe building site with adequate access; and that public facilities which serve such used be designed 1 and installed to preclude flood damage at the time of initial construction; 3. to protect individuals from buying lands which are unsuitable for use because of I ffood hazards by prohibiting the subdivision or development of unprotected ff ood-prone lands.
B. General Requirements
1. Land areas susceptible to fI ooding shall be identitied using the most mentFlood Boundary and Floodway (F’BPM) mapping prepared by the Federal Emergency Management Agency (FEW). If FBFW mapping has not been completed, Flood
39 Hazard Boundary LMaps (FHBM), or the best available elevation and floodway I information from Federal, State, or other acceptable sources shall be used to determine the flood hazard area. I 2. For the purpose of this Ordinance, the regulatory flood which delineates flood hazard areas, otherwise referred to as the floodplain, shall be the 100 year flood. Where detailed mappins is available, the floodplain shall be divided into the I Floodway and Flood Fringe Xreas. Where detailed mapping is not available, the location of the Floodway within the General Floodplain shall be approximated using a 50 feet setback measured landward from the top of the stream beunless 1 detailed elevation and ff oodway information is available &om other sources. I 3. Subdivision and land development proposals for property located within the floodplain may be approved by the Planning Commission, with the stipulation that any planned or fbture development of the property shall comply with the following I minimum standards of the National Flood Insurance Program:
a. any new construction, development, use, activity, or proposed encroachment in 1 the floodway which will cause an increase in flood heights will be prohibited.
b. in the Flood Fringe or General Floodplain Area, all new or substantially I improved residential structures must be elevated to or above the 100 year flood elevation; and, all new or substantially improved non-residential structures must be elevated to or above the 100 year flood elevation or floodproofed in I accordance with all locally-adopted floodproofing regulations or the techniques prepared by the U.S.Army Corps of Engineers. I 4. Subdivision and land development proposals for properties located within any designated floodplain area must also comply with the most restrictive of any 1 applicable state and municipal floodplain management regulations. (See Article VI of the Township Zoning Ordinance for Municipal Floodplain Management Regulations.) I
5. The Planning Commission may require the Grantor, as a stipulation of subdivision approval, to include a notice on the plot plans and in every deed stating that the I subdivision is located within the floodplain, and that any development of lots within the subdivision must occur in conformance with all Federal, State, and municipal floodplain management regulations. 1
C. Plan Reauirements
1. iu1 subdivision and land development plans for property located within a designated floodplain area must show the location of the 100 year Floodplain Boundary and the location of the Floodway, according to the most current I National Flood Insurance Program mapping available for the affected municipality. I 40 2. Where applicable or required by the PA Department of Community and Economic Development, a copy of a Special Permit Application shall be submitted for evaluation along with the subdivision or land development plan. (See also Section I 607 of the Township Zonins Ordinance for Special Permit Requirements.)
D. Desig Standards
1. The finished elevation of proposed streets shall be not more than one (I) foot I below the 100 year flood elevation. The Planning Commission may require, where necessary, profiles and elevations of streets to determine compliance with this requirement. Drainage openings shall be sufficient to discharge flood flows 1 without unduly increasing flood heights. 2. All new or replacement water and sanitary sewer facilities and systems shall be 1 located, designed, and constructed to minimize or eliminate flood damages and the intiItration of flood waters. Sanitary sewer facilities and systems shall be designed I to prevent the discharse of untreated sewage into flood waters. 3. No part of any on-site sewage system shall be located within any identified floodplain area except in strict compliance with all State and Iocal regulations for I such systems. The Planning Commission may require that the developer note on the plan and on any deed of conveyance that on-site sewage systems are prohibited I in designated areas. I 4. All other utilities, such as gas and electrical lines and telephone systems, shall be located and constructed to minimize the chance of impairment during a flood. I4I 5. Stom drainage facilities shall be designed to convey the flow of stormwater runoff 1 in a safe and efficient manner. The system shall insure proper drainage dong streets and provide positive drairiGge away &om buildings. The system shall also I be designed to prevent the discharge of excess runoff onto adjacent properties. 6. No alteration or relocation of a stream or watercourse can take place without obtaining the required pennit ffom the Department of Environmental Protection. )I Prior to such alteration or relocation, adjacent communities, the Department of Community and Economic Development and FEMA must be notified. Under no I circumstances shall any alteration or relocation take place which will lower the flood carrying capacity. I 7. Where any excavation or grading is proposed or where any existing trees, shrubs or other vegetative cover wiU be removed, the developer shall consult the County Conservation District representative concerning plans for erosion and sediment 1 control. 1 41 I I
311 UTILITIES 1 A. Easements for utilities shall be provided in accordance with Section 334 of this Ordinance and shall be shown on the plot plans. 1
B. Telephone, electric, television cable and other such utilities shall be installed undergound in accordance with the PA Underground Utilities Act (Act 287 of 1974). I Underground installation of utilities shall not be required where:
1. subdivision of less than five (5) lots, for which no road construction is necessary, I border an existing right-of-way served by overhead utility lines, or
2. where utilities are proposed to service commercial or industrial properties, or 1 3. where a variance to the requirements of Act 287 has been granted by the Public 1 Utilities Commission. C. Underground installation of the utility distribution and sexvice lines shall be completed I prior to street paving and gutter, curbing and sidewalk instaliation. All street right-of-way and other easements where utility lines are to be installed shall be gaded to within 6" of final grade before trenches are excavated. I
D. The Planning Commission may require installation of utilities prior to find approval where the cost of installation, including the cost of excavation for underground 1 utilities, will not be completely paid by the utility company. In each case, the Planning: Commission shall also consider the procedures of the utility company involved for the extension of utilities to lots within a subdivision. I 312 MOlVUMENTS AND Rs 1 Monumentsshall be of concrete or ston3 at least 6" x 6" x 30" and marked on top with a copper or brass dowel or any alternate acceptable to the Planning Commission. They shall 1 be set at the intersection of Iines forming angles in the boundaries of the subdivision and at the intersection of street lines. Markers shall be iron pipes or bars 30" x 3/4" diameter and set at alI points where lines or lines and curves intersect. 1 I I 1
42 ARTICLE IV
'I 400 GENERAL REQUIREMENTS A. The standards outlined in this ArticIe shalI be applied by the Planning Commission in evaluating plans for land development projects. These standards shall be considered I minimum standards and the Commission may require more restrictive standards. Plans for land development projects shd comply with the following standards as well as dl 1 other applicable provisions of this Ordinance not in conflict herewith. B. AI1 land developments shall meet the Design and Construction Standards for subdivisions outlined in Article III, unless otherwise noted. Land developments not I specifically listed in this Section shall be submitted to the Planning Commission for approval or dissapprovd in accordance with the standards contained in Article III and I the principles of site planning and development. I 401 RESIDENTIAL DEVELOPMXNTS A. A land development plan prepared in accordance with Section 202 of this Ordinance shall be submitted to the Planning Commission. In addition to the plans, the following 1 documentation shalI be submitted:
1. A description of the type of housing proposed, indicating the total number of I dwelling units per structure. 1 2. A proposd for the maintenance of all facilities which are shared by residents witbin the proposed -development. If the developer proposes to subdivide and convey individual dwelling units within a singe structure, an agreement which assigns I maintenance responsibility for commonly used fadties shall be recorded with the subdivision plan and referenced in the deed to each property.
I B. All residential developments shall confonn to the Mmcy Creek Township Zoning Ordinance in effect.
I C. All internal streets within multi-unit housing developments and planned residential developments shall meet the minimum design and construction standards contained in Section 301 of this Ordinance. Off-street parking shall be provided in accordance with 1 the standards for Parking contained in Article MI of the Township Zoning Ordinance. I
43 402 COMMERCIAL AND INDUSTRIAL LAND DEVELOPMENTS
A. One or more non-residential buiIdin,o(s) on a lot or lots shall be considered a commercial or industrial land development, regardless of the number of occupants or tenure. A land development plan prepared in accordance with section 202 of tfris Ordinance shall be submitted to the Planning Commission.
B. All commercial and industrial land development shall conform to the Muncy Creek Zoning Ordinance in effect. In pardcular, the standards for Parking, Loa&% and Access Drives contained in Article VII of the Township Zoning Ordinance shall be applied.
403 CAMPGROUNDS
A. A land development plan for the campground prepared in accordance with Section 202 of this Ordinance shall be submitted to the Planning Commission.
8. All campgrounds shall conform to the Muncy Creek Township Zoning Ordinance in effect.
C. All internal streets within the campground shall meet the minimum design standards for local streets contained in Article ID, TABLE I. All internal streets sfiall be constructed to the following standards:
1. ,h€inimum subbase - Six (6) inches of compacted stone. .. 2. Minimum base and wearing Surface - Four (4) inches of 2 RC or similar material.
D. There shall be at least two (2)off-stpeet parking spaces for each camping space or lot within the campground. These parking spaces shall be located within 200 feet of the camping space or lot which is to be served.
E. Sewage facilities shall be designed and constructed in accordance with the standards of the Department of EnvironmentaI Protection, and shall meet the following requirements.
1. Campgrounds designed to accommodate travel trailers or recreational vehicles shall be provided with individual sewer hook-ups at each lot or space or an on-site sanitary dump station. If individual hook-ups are not provided, one sanitary station shall be provided for every 100 trder spaces or f?actional part thereof
2. Toilet and handwashing facilities shall be in addition to the requirements for individual sewer hook-ups and sanitary stations. One male and one female lavatory shall be required for each 15 tent or travel trailer spaces.
44 ARTICLE V ikfOBILE HOME PARKS
500 GENERAL REOULREMENTS
A. The standards outlined in this Article shall be applied by the Planning Commission in evaluating plans for mobile home parks. These standards shall be considered minimum standards and the Commission may require more restrictive standards. Plans for mobile home parks shall comply with the following standards as well as all other applicable provisions of this Ordinance not in confiict herewith.
B. A land development plan for the mobile home park prepared in accordance with Section 202 of this Ordinance shalt be submitted to the Planning Commission
C. AU mobile home parks must conform to the requirements of the Mmcy Creek Township Zoning Ordinance in effect.
501 DESIGX STANDARDS
A. Mobile Home Lots
1. Each mobile home lot shall be marked off by permanent pins, monuments, or other points of reference. Mobile home lot lines shall not extend beyond right-of-way lines of internal streets.
2. Each lot in a mobile home park must be consecutively numbered, said number to be shown on a permanent marker on the lot. When lots tiont on both sides of a street, one side will bear odd numbers, the other side, even. - - 3. A mobile home pad, properly graded, placed, and compacted so as to be durable and adequate for support of the maximurn anticipated loads during all seasons, shall be provided on each mobile home lot within the development. Each pad shall be provided with an anchoring system designed to resist the floatation, collapse, and lateral movement of mobile homes.
4. Each mobile home lot shall be provided with a paved patio of at least 200 square feet. A storage building shalI be provided for each mobile home space with a capacity of no less than 336 cubic feet. Centrally located storage lockers will not be permitted
5. All lawns at each mobile home site and the mobile home park yard must be graded and seeded. The ground surface of the park sha.ll be graded and equipped to drain all surface water in a safe, efficient manner.
45 I
B. Access 1 1. Each mobile home park shall be directly accessible from an existins highway ,or street. I
2. There shall be no more than W-o (2) points of ingress and egress, for any mobile home park on the same road or highway. I
a. Points of ingress and egress shall be located with a minimum distance of 150 feet between them. 1
b. All entrances and exits shall be at right angles to the existing public highway or street. I c. A clear sight distance of at least 300 feet in both directions shall be afforded the I driver of a vehicle prior to citing the mobile home park onto a public street or highway. I d. Plans for mobile home parks shall meet the requirements for access contained in Section 301 of this Ordinance. I 3. All mobile home lots shall front on an internal street within the mobile home park.
4. AU internal streets within the mobile home park shall be posted every 200 feet with I 15 mph speed limit sip.
5. All access roads and internal streets shall be named and shown by approved street I naine signs. I C. Internal Streets and Parkno, - - 1. All internal streets within the mobile home park shall be designed to the minimum I design standards for local streets contained in Article 111, TABLE 1, except as provided below. I a. Where parking is permitted on both sides of the street, a minimum cartway width of 36 feet shall be required. I b. Where parking is limited to one side of the street, a cartway width of 28 feet shall be required. I 2. There shall be at least two (2) off-street parking spaces for each mobile home lot, which shall be on the same site as the mobile home served, except as provided below. Off-street parking spaces shall be paved so that any one space (two I required) is not less than 10 feet by 20 feet. 1 46 I I
I a. Where parking is permitted on both sides of the street, off-street parking shall not be required.
1 b. Where parking is limited to one side of the street, off-street parking shall be required for mobile home Iots on the opposite side of the street.
I! c. There shall be established and maintained within each park an automobiie parking area(s) for the use of sests. The number of spaces within this area I shall be equal to one (1) for every four (4) mobile home sites. 3. All internal streets within the mobile home park shall be constructed to the I standards contained in Section 301 I. and TABLE 3 of this Ordinance. The Planning Commission may consider ahernate pavement design specifications where, in their opinion, such will be adequate to provide access to lots within the mobile I home park. I D. Utilities and Park Facilities 1. Necessary utility hook-ups shaLl be provided to each mobile home space within the mobile home park. Underground installation of utility distribution and service lines I shall be required for all mobile home parks containing five or more mobile homes.
2. Water supply and sewqe systems shall be provided in accordance with Sections 1 305 and 306 ofthis Ordinance. I 3. Mobile home parks having ten (10) or more mobile home lots may be required to provide a usable recreation area of 5,000 square feet plus 500 square feet for each home exceeding ten (10). These recreation areas should be centraily located so I that they are easily accessible by foot. The type and sizes of equipment to be included in recreation area should-be shown on plans.
I 4. Repair, maintenance and storage areas or buildings shall be located no less than 50 feet from mobile home lots. I I 1 1
I 47 I 1 ARTICLE VI I ADiWfi\7STRA TION
i 600 WAIVERS I A. The provisions of this Ordinance are the minimum standards for the protection of the public weffare.
I B. If any mandatory provision of this Ordinance is shown by the applicant, to the satisfaction of a majority of the Commission present at a scheduled public meeting, to be unreasonable and to cause unique and undue hardship as it applies to his proposed I subdivision or land development, the Commission may grant a waiver in Writing to such applicant &om such mandatory provision, so that substantial justice may be done and the public interest secured; provided that such waiver will not have the eff'ect of I nullif'ymg the intent and purposes ofthis Ordinance.
C. M requests for a modiiication shd be in writing and shall accompany and be a part of I the application for development. The request shall state in fbll the grounds and facts of unreasonableness or hardship on which the request is based, the provision or I provisions of the ordinance involved and the minimum modification necessary. D. In granting waivers and modiiications, the Commission may impose such conditions as I will, in its judpent, encourage innovative design, secure substantially the objectives of the standards or requirements so waived or modifled.
I 601 RECORDS
The Township Planning Commission shall maintain an accurate public record of all the ,I plans upon which it takes action and of- its findings, decisions, and recommendations in relation thereto.
1 602 AMENDMENT I The Board of Supervisors of Muncy Creek Township may, fiom time to time, revise, modify, and amend this Ordinance by appropriate action taken at a scheduled public meeting, ail in accordance with the applicable provisions of the Pennsylvania III Municipalities Code. I 603 PREVENTWE REiMEDlES A. In addition to other remedies, the Muncy Creek Township Planning Commission may institute and maintain appropriate actions by law or in equity to restrain, correct or I abate violations, to prevent unlawful construction, to recover damages and to prevent
I 48 I I
illegal occupancy of a buildins, structure or premises. The description by metes and I bounds in the instrument of transfer or other documents used in the process of selling or transferring shall not exempt the seller or transferer fiom such penalties or fiom the remedies herein provided. I
B. The Muncy Creek Township Planning Commission may rehse to issue any permit or grant any approval necessary to further improve or develop any real property which I has been developed or which has resulted from a subdivision of real property in violation of any Ordinance adopted pursuant to this Article. This authority to deny such a permit or approval shall apply to any of the following applicants: I 1) The owner of record at the time of such violation. I 2) The vendee or lessee of the owner of record at the time of such violation without regard as to whether such vendee or lessee had actual or constructive knowledge of I the violation.
3) The current owner of record who acquired the property subsequent to the time of I violation without regard as to whether such current omer had actual or constructive knowledge of the violation. I 4) The vendee or lessee or the current owner of record who acquired the property subsequent to the time of vioiation without regard as to whether such vendee or lessee had actual or constructive howledge of the violation. I
C. As an additional condition for issuance of a permit or the granting of an approval to any such owner, current owner, vendee or lessee for the development of any such red I property, the Muncy Creek Township Planning Commission may require compliance with the conditions that would have been applicable to the property at the time the I applicant- acquired an interest in such real property. 604 ENFORCEMENT REMEDIES I
A. Any person, partnership or corporation who or which has violated the provisions of the Muncy Creek Township Subdivision and Land Development Ordinance upon I being found Liable therefore in a civil enforcement proceeding commenced by the municipality, shall pay a judgement of not more than $500 plus all court costs, including reasonable attorney fees incurred by the municipality as a result thereof No 1 judgement shall commence or be imposed, levied or be payable until the date of the determination of a violation by the district justice. If the defendant neither pays nor timely appeals the judgement, the municipality may enforce the judgement pursuant to I the applicable rules of civil procedure. Each day that a violation continues shall constitute a separate violation, unless the district justice determining that there has been a violation fbrther determines that there was good faith basis for the person, I partnership or corporation violating the Ordinance to have believed that there was no I 49 I I such violatioq in which event there shall be deemed to have been only one violation I until the fifth day following the date of the determination of a violation by the district justice and thereafter each day that a violation continues shall constitute a separate I violation. B. The Court of Common Pleas, upon petition, may grant an order of stay, upon cause shown, tolling the per diem judgement pending a final adjudication of the violation and I judgement. I C. Nothmg contained in this Section shall be construed or interpreted to grant to any person or entity other than the municipality right to commence any action for i enforcement pursuant to this Section. 605 VALIDITY
I Should any section, subsection or provision of this Ordinance be decked by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the I Ordinance as a whole, or of any other part thereof. 606 REPEALER
I The Muncy Creek Township Subdivision Ordinance enacted October 5, 1965, and all other ordinances or sections thereof, which are inconsistent with any of the provisions or I sections hereof: are hereby repealed absolutely. I 1 I I I I I 1 50 I 607 EFFECTNE DATE
1 ENACTED and ORDAXWD by the Board of Supervisors of Muncy Creek Township, Lycoming County, PA, as Ordinance # 97-1 , amending the iMuncy I Creek Township Subdivision and Land Development Ordinance, known as Ordinance I # 90-2, on this 5th day of February , 1997. I TO BECOME EFFECTIVE on the 10th day of Februarv , 1997, I MUNCY CREEK TOWNSHIP I BOARD OF SUPERVISORS
I bAdlQU I Chairman
I Supervisor f
r/f I Supervisor
ATTEST: 'I p 11 . e. Secretary, Mbq Creek Township i Board of Supervisors
I SEAL:
51 I
I ARTICLE VI1 I D EFfiVITIONS Accessorv Structure: A structure detached from a principal building on the same lot and I customarily incidental and subordinate to the principal building or use. Agricultural Puruoses: The use of more than ten (10) acres of land for the purpose of I producing agncultural commodities, which shall include but not be limited to: growing grains, hits, vegetables, nursery plants, Christmas trees, or timber; raising poultry or livestock; producing agricultural commodities through greenhouse production. In some I instances the use of land for agricuitural purposes may involve the construction of barns, silos, feed lots and/or fm-related accessory buildings.
I AnchorinP Svstem: A system of tie-downs and anchors designed and installed on mobile home pads in accordance with the standards of the Department of Community and I Economic Development to resist flotation, collapse and lateral movement of mobile homes.
I Building: A combination of materids to form a permanent structure having walls and a roof Included shd be ail mobile homes and trailers to be used for human habitation.
I Cammround: A tract or tracts of land, or portion thereot used for the purpose of providing two or more spaces for travel atrailers or tents, with or without a fee charged for I the leasing renting, or occupancy of such space. I Cartwav:' The surface of a street or alley available for vehicular trfic. Centerline: A line located exactly in the- center of the width of the cartway. I Chairman: The Chairman of the Muncy Creek Township Planning Commission. Clear Siqht Trianale: An area of unobstructed vision at street intersections. It is de&& I by lines of sight between points at a $veri distance from the intersection of the street centerlines.
I Commission: The Muncy Creek Township Planning Commission.
Communitv Facilitv: A building or structure, or non-structural improvement such as an I easement for utilities or stormwater controls, jointly owned and/or maintained by property owners within a subdivision, or by a Qovernmental agency, to provide a service to the ~I public. I I 52 Condominium: A building, or group of buildings, in which units are owned individually, and the structure, common areas and facilities are owned by d the Owners on a proportional, undivided basis.
Conversion ADartment: Dwelling units created by the conversion of a large building (single-unit dwellings, barns or similar srructures) into a multi-unit structure.
-Cut: An excavation or material removed in excavation; also, the difference between a point on the original ground and a designated point of lower elevation on the final grade.
Dedication: The deliberate appropriation or donation of land or property by its owner to the Township for any general and public uses, reserving to himself no other rights than are compatible with the hll exercise and enjoyment of the public uses to which the property has been designated. Acceptance of such dedication is at the complete discretion of the Township.
Detention Basin: A basin or pond designed to retard storm water runoff by temporarily storing the runoff and releasing it at a predetermined rate.
Developer: Any landowner, agent of such landowner, or tenant With the permission of such landowner, who makes or causes to be made a subdivision of land or a land development.
DeveioDment: Any man-made change to improved or unimproved real estate, including but not limited to the construction, reconstruction, renovation, repair, expansion, or alteration of buildings or other structures; the placement of mobile homes or manufactured housing; :streets, and other paving; utilities; filling, gading, and excavation; mining; dredging; drilling operations; storage of equipment or materials; and the subdivision of land. - - Development, Commercial: The subdivision or development of a tract of land into lots or spaces which are designed and intended for commercial purposes, including, but not limited to shopping centers, motels, and other similar types of development.
Development. Industrial: The subdivision or development of a tract of land into lots or spaces which are designed and intended for industrial purposes, including, but not limited to industrial parks, multi-tenant buildings, and other Similar types of development
Development, Institutional: The subdivision or development of a tract of land into lots or spaces which are designed and intended for institutional purposes, including but not limited to schools, hospitals, nursing homes, sheltered care homes? prisons municipal buildings, or other such structures used for public purposes.
DeveloDment. Recreational: The subdivision or development of an isolated or remote tract of land into lots which are designed and intended for intermittent recreational use and
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1 do not have potential for full-time residential ~ccupancy. In general, lots adjacent or proximate to major collector roads or highways shall be considered to have potential for 1 fbll-time occupancy. Development. Residential: The subdivision or development of a tract of land into lots I which are designed and intended for fbll time residential occupancy. Drainape Area: The area in which all of the surface runoff resulting from precipitation is I concentrated into a particular stream. (See also Watershed Area.) Drainape Easement: An easement required for the installation of stomwater management facilities or drainage swales, andor required for the preservation or I management of a natural stream or watercourse or other drainage facility. 1 Drainage Facilitv: Any ditch, gutter, swale, pipe, culvert, storm sewer or other structure or facility designed, intended or constructed for the purpose of diverting swfkce waters from or carrying suface waters off streets, public rights-of-way, parks, recreation areas, I or any part of any subdivision or land development. (See also Stonnwater Management F acilitv.)
I Drainapewav: Any natural or artificial watercourse, trench, ditch, swale or similar depression into which surface water ff ows.
I Drivewav: That portion of a property which provides vehicular access between dwerlings and a public or private street or right-of-way.
I Drouued Curb: A section of curbing which is lowered to the street pavement level to I permit access into a properry or properties. Dwellinp or Dwelling Unit: Any structure, or part thereof, designed to be occupied as I living quarters for a singe household unit. 1. Dwelling. Attached - A structure designed for and occupied by two (2) or more dwelling units, each having at least one (1) wall in common with an adjacent unit, i.e., I townhouses and garden apartment units.
2. dwell in^. Detached - A freestanding structure consisting entirely of a single dwelling I unit. I 3. Dwelling, Mobile Home -- See Definition of Mobile Home. 4. Dwelling, Multi-unit -- A structure consisting of three (3) or more dwelling units, including row houses, town houses, apartment buildings, and conversion apartments, I consisting of three (3) or more units. I 54 I
I 5. Dwelling, SinPle Unit -- A Detached Dwellins or a Mobile Home. (See respective Definitions).
I 6. Dwelling, Two Unit -- A structure consisting of two (2) dwelling units, including twin or double and duplex structures, and two unit conversion apartments.
I Easement: A defined n&t of use or privilege granted for a limited use of land for a public or quasi-public purpose.
I Erosion: The removal of surface materials by the action of natural elements.
Erosion and Sedimentation Control: Temporary and permanent actions or measures I taken to reduce erosion and sedimentation and to control stormwater runoff during and after development activities, generally canid out as part of a plan deveioped prior to the initiation of the earth moving activity. (See also Soil Erosion and Sedimentation Control -Plan.)
Excavation: Removal or recovery by means whatsoever of soil, rock, minerals, mineral substances or organic substances other than vegetation, from water or land on or beneath the surface thereoc or beneath the land surface, whether exposed or submerged.
-Fill: 1) Any act by which earth, sand, graveI, rock or other material is placed, pushed, dumped, pulled, transported or moved to a new location above the natural surface of the ground or on top of the stripped Surface and shall include the conditions resulting therefiom; 2) The difference in elevation between a point on the on& ground and a designated point of hi&er elevation on the .final gade; or 3) The material used to make a m.
Final Plan: A complete and exact subdivision plan prepared for official recording as required by statute.. - -Flood: A temporary inundation of normally dry land areas.
1. Flood. 100 Year: A flood that, on the average, is likely to OCCUT once every 100 years, i.e., that has a one percent (1%) chance of being equalled or exceeded in any given year; for the purposes of this Ordinance, the Regulatory Flood.
2. Flood. Reulatorv: A flood having a one percent (1%) chance of being equalled or exceeded in any given year, the 100 year flood.
Flood Fringe: That portion of the 100 year floodplain outside the floodway.
Flood Hazard Area: A relatively flat or low land area adjoining a stream, river, or watercourse which is subject to partial or complete inundation; or, any area subject to the
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unusual and rapid accumuiation of runoff or surface waters fiom any source. The I boundary of this area shall coincide with the boundary of the 100 year flood. I Flooddain: For the purposes of this Ordinance, the floodplain shall be defined the same as the Flood Hazard Area. I Floodoroofinc: Structural modifications or other changes or adjustments to buildings or their contents, undertaken to reduce or eliminate flood damage to them.
I Floodwav: The channel of a river or other watercourse and the adjacent land areas required to carry and discharge a ffood of a 100 year eequency without cumulatively I increasing the water surface elevation more than one (I) foot at any point. Full-time Residential OccuDancv: Continuous use of a lot or parcel for residential purposes. In general, uninterrupted occupancy of a lot or parcel for a period of more than D one (1) month at any given time during a year shall be considered continuous use of the lot I or parcel. Gross Leasable Area: Total ff oor area of commercial bulldings for tenant occupancy and exclusive use, including basements, mezzanines, and upper floors if any; expressed in I square feet and measured from the centerline of joinr partitions and ftom outside wall faces.
1 Imoervious Surface: Any Surface which reduces or prevents absorption of stomwater into previously undeveloped land.
I Imorovements: Those physical additions and changes to the land that may be necessary to produce usable and desirable lots.
I Intermittent Recreation Use: Use ofa lot or parcel for other than iill time occupancy, I for seasonal, leisure time, and other recreational activities. Junkvard: Any salvage yard or other piace used and maintained for the collection, 1 storage, and disposal of used or secondhand goods and materials. Land Deveiooment: Any of the following activities:
I 1. A subdivision of land.
2. The improvement of one (1) lot or two (2) or more contiguous lots, tracts or parcels I of land for any purpose involving a group of two or more residential or non-residential bddings, whether proposed initially or cumulatively; or, a single non-residential I building on a lot or lots regardless of the number of occupants or tenure. 1 56 I I
3. The improvement of one (1) lot or two or more contiguous lots, tracts, or parcels of I land for any purpose involving the division or allocation of land or space, whether initially or cumulatively, between or among two (2) or more existing or prospective I occupants by means of, or for the purpose of streets, common areas, leaseholds, condominiums, building groups or other features; excluding the foUowin,o types of I activities: a. the conversion of an existing single-unit detached dwelling into not more than I three (3) residential units, unless such units are intended to be a condominium; and, b. the addition of an accessory building, including farm buildings, on a lot or lots I subordinate to an existing principal building. Landowner: The legal or beneficial owner or owners of land including the holder of an option of contract to purchase (whether or not such option or contract is subject to any I condition), a lessee if he is authorized under the lease to exercise the rights of the I landowner, or other person having a proprietary interest in land. Levelin9 Area: A safe stopping area at the intersection of streets or the intersection of a driveway and a street which is designed in accordance with the standards of this 1 Ordinance. -Lot: A designated parcel, tract, or area of land established by a plat or othemise as I permitted by law and to be used, developed or built upon as a unit.
1. Lot. Area -- The area contained within the propeq lines of a lot as shown on a I subdivision plan, excluding space within any street , or street right-of-way but I including the area of any easement. 2. Lot Width - newidth of a lot measured- at the building setback line. 1 3. Lot. Comer - A lot abutting upon two (2) or more streets at their intersection or upon two parts of the same street forming an interior angle of less than 135 degrees. I 4. Lot. Double Frontaee: A lot with €font and rear strezt frontage. 5. Lot. Reverse Frontage: A lot extending between and having frontage on a collector I street and on a minor street, with vehicular access being provided solely from the latter.
I Mediation: A voluntary negotiating process in which parties in a dispute mutually select a neutral mediator to assist them in jointly exploring and settling their differences, , culminating in a written agreement which the parties themselves create and consider I acceptable. I 57 I Mobile Home: A transportable, single family dwelling intended for permanent occupancy, office or place of assembly contained in one (1) unit, or in two (2) units designed to be joined into one (1) integal unit capable of again being separated for repeated towing, which arrives at a site complete and ready for occupancy except for minor and incidental unpacking and assembly operations, and constructed so that it may be used without a permanent foundation.
Mobile Home Lot: A parcel or conti$ous parcels of land in a mobile home park, improved with the necessary utility connections and other appurtenances necessary for the erections thereon of a singie mobile home, which is leased by the park owner to the occupants of the mobile home erected on the lot.
Mobiie Home Park: A parcel or contiguous parcels of land under single ownership which has been planned and improved for the placement of mobile homes for non-transient use, consisting of two (2) or more mobile home lots.
MuniciodiW: A city, borough, or township located Within Lycoming County.
Pavement: A sub-base, base course, or su~acecourse placed on a sub-gade to support I traffic load. -Plan: A map or plat of a subdivision or land development, whether sketch, preliminary or I' final. (See also definition of Subdivision Plan.) Preliminarv Plan: A preliminary map of the proposed subdivision or land development which shows specifications for improvements as well as the seneral layout of the I subdivision or land development. I Public Meeting: A forum held pursuant to notice under the act of July 3, 1986 (P.L.388, No 54), known as the "Sunshine Act."- I Recreational Vehicle: A vehicular type of portable structure without permanent foundation, which can be towed, hauled, or driven and primarily designed as temporary living accommodation for recreational, camping and travel use including but not limited to 1 travel trailers, truck campers, camping trailers, and self-propelled motor homes. Recreational Vehicle Park: Any site upon which two (2) or more recreational vehicles I are, or are intended to be located.
Residual Prooertv: The Iot parcel created through subdivision which is the remaining I portion of the parent tract. The residual property shall be considered as an integral part of
the proposed subdivision and shall be required to meet the standards of this Ordinance, , I where determined appropriate or necessary by the municipality. I I 58 Retention Basin: A pond, pool or basin used for the permanent storage of Stomwater runoff. I Right-of-Wav: A specific type of easement being limited to use for passage over another person's land; for example, an easement for vehicular passase or public utility passage. I Ripht-of-Wav. Ultimate: The planned future width of an existing sub-standard right-of-way based on the criteria established by this Ordinance, applicable County or I municipal plans, or PADOT requirements. RunoR The surface water discharge or rate of discharge of a given watershed after a 1 ramfall or snowfall that does not enter the soil but runs off the Surface of the land. Sanitarv Sewape: Any liquid waste containing animal or vegetable matter in suspension or solution, or the water-carried waste resulting Erom the discharge of water closets, tubs, I washing machines, sinks, dishwashers, or any other source of water-canied waste of human origin or containing putrescible material.
Sanitarv Sewer: Pipes that carry only domestic, commercial or industrial sewage and I into which storm, surface and ground waters are not intenrionally admitted. Screen Planting: A barrier to visibility, dare, and noise between adjacent properties made of plant materials such as trees or shrubs which shall be of such species as will I produce, within three (3) years, a visual screen of at least six (6) feet in height.
Sediment: Deposited Sit that is being or has been moved by water or ice, wind gravity or I other means of erosion.
Sedimentation: The process by which mineral or organic matter is accumulated or I deposited by moving wind, water or gravity.- I Service or Auxiliarv Park Buildin9 for Mobile Home Parks: A structure housing operational office, recreational, park maintenance and other facilities built to conform to I required local standards. Setback: The horizontal distance between a structure and a street line or property line.
Sewage: A substance that contains the waste products or other discharge from the bodies of human beings or animals and noxious or deterious substances being hdor inimical to the public health, or to animal or aquatic life, or to the use of water for domestic water supply or for recreation, or which constitutes pollution under the Clean Streams Law.
Sewage Facilitv: A system of sewqe collection, conveyance, treatment, and disposal II which will prevent the discharge of untreated or inadequately treated sewage or other
59 waste into waters of the Commonwealth or otherwise provide for that safe and sanitary treatment and disposal of sewase or other waste.
Sewage Svstem. Communitv: A sewage facility, whether publicly or privately owned, for the collection of sewage firom two (2) or more lots, or two (2) or more equivalent dwelling units, and the treatment or disposal, or both of the sewage on one (1) or more of the lots, or at another site.
a. Sewape Svstem, Communitv On-Lot: A communiq sewage system which uses a I system of piping, tanks, or other facilities for collecting, treating and disposing of sewage into a subsurface soil absorption area or retaining tank.
b. Sewape Svstem. Communitv Sewexwe: A community sewage system which uses a method of sewage collection, conveyance, treatment and disposal other than renovation in a subsurface absorption area, or retention in a retaining tank.
Sewage Svstem, Individuai: A sewage facility, whether publicly or privately owned, located on a singie lot and wing one (1) equivalent dwelling unit and collecting, treating and disposing of sewage in whole or in part into the soil or into waters of the Commonwealth or by means of conveyance of retaining tank wastes to another site for I iinal disposal.
a. Sewape Svstem. Individual On-Lot: An individual sewage system which uses a system of piping, tanks or other facilities for collecting treating and disposing of sewage into a subsurface absorption area or a retaining tank.
b. Sewage Svstem. Individual Sewerage: An individual sewage system which uses a method of sewage collection, conveyance, treatment and disposal other than renovation in a subsuface absorption area, or retention in a retaining tank.
Shoming Center: A group of coAercial establishments, planned, developed, owned and managed as a unit and related in location, size, and type of shops to the trade area that the unit serves; it provides on-site parking in definite relationship to the types and sizes of stores.
Shoulder: That portion of the roadway which is adjacent to the cartway and is provided for lateral support of the pavement, emergency stopping and a minimal amount of recovery area beyond the pavement edge.
Sketch Plan: An informal plan, not necessarily to exact scale indicating salient existing features of a tract and its surroundings and the general layout of the proposed subdivision.
Soil Erosion and Sedimentation Control Plan: A plan that indicates necessary land treatment measures, includin,o a schedule for installation, which will effectively minimize soil erosion and sedimentation.
60 Soecial Pennit: A special approval issued by the Department of Com~nityand Economic Development or local municipality in accordance with Section 38.6 of DCA's Floodplain Management Regulations for specific types of development and obstructions which present a special hazard to the health and safety of the public or occupants, or may result in significant pollution, increased flood levels or flows, or debris endangering life on property, when such development or obstructions are located in all or a designated portion of a floodplain.
Storm Sewer: A conduit that collects and transports runoff
Stormwater Manapement Facilitv: Any structural or non-structural device, or combination thereof, which is designed, constructed and maintained to manage or control storm water runoff from a development site, including but not limited to drainage swdes, easements, seepage pits, culverts, pipes, stom sewers, detention or retention basins, ponds and other similar facilities.
Stormwater Manamnent Plan: A pian for managing stormwater runoE prepared by the developer in accordance with the standards of this Ordinance.
-Street: A strip of land, including the entire right-of-way, intended for use as a meam of vehicular and pedestrian circulation.
1. Street. MIev or Senrice Drive: A minor right-of-way, privately or publicly owned, which provides a secondary access primarily for service to the back or sides of properties.
2. Streei Cui-de-Sac: A street intersecting another street at one end and terminating at the other in a vehicular turnaround. - 3. Street. Local: Streets within Gbdivisions and developments, including marginal access streets and cul-de-sac streets, which are characterized by short street lengths and low operating speeds.
4. Street. Maior Collector: Streets which provide access within the municipality and streets which provide connection to streets of the State Highway Network System.
I 5. Street. Marrrinal Access: Streets which are parallel and adjacent to collector streets or limited access highways and are intended to provide access to abutting properties I and control intersections along such streets. 6. Street. Minor Collector: Streets which access or pass through subdivisions and . . developments, and connecting to streets which move tr&c into and between I subdivisions and developments. I 61 I I
7. Street. Private: All streets and rights-of-way not dedicated, accepted, and maintained I as public streets. I 8. Street. Public: All streets and rights-of-ways open to public use and maintained by, or dedicated to and accepted by a municipality, the County, the State or the FederaI I Government. Street Line: The property line or limit of a right-of-way.
I Street Svstem: AU public and private streets and rights-of-way intended for use as a means of vehicular circulation.
I 1. Street Svstem. Municiod: All public streets and rights-of-way maintained by local municipalities, including local streets and minor and major collector streets.
I 2. Hbhwav Svstem. State: All public meets and rights-of way maintained by the PA Department of Transporttion, including minor and major collector streets, arterial I highways, and interstate highways. Structure: Any man-made object having an ascertainable stationary location on or in land I or water, whether or not &ed to the land, excluding fences and poles, recreational equipment and other similar objects.
I Subdivider or DeveloDer: Any landowner, agent of such landowner or tenant with the permission of such landowner who makes or causes to be made a subdivision or a land I development. Subdivisibn: The division or redivision of a lot, tract or parcel of land by any means into two (2) or more lots, tracts, or parcels or other division of land including changes in I existins lot lines for the purpose, whether immediate or future, of lease, partition by the court for distribution to heirs or devisees, transfer of ownership, or building or lot I development; provided, however, that the subdivision by lease of land for agricultural purposes into parcels of more than ten (10) acres, not involving any new street or I easement of access or residential dwellings shall be exempted. Subdivision Plan: A proposal to subdivide or develop one (1) or more tracts of land. The plan shall include the proposed layout of the subdivision or land development and I shall be accompanied by all other supplementary materials required by this Ordinance when submitted for consideration.
II 1. Plan, Sinde Lot: A subdivision plan proposing the creation of one (1) new lot or parcel and a residual parcei.
'I 2. Plan. Multi-Lot: A subdivision plan proposing the creation of two (2) or more new lots or parcels and a residual parcel. The plan shall be described by the number of new I 62 I lots created, i.e., a plan creating two (2) new lots and a residual parcel shali be described as a two-lot subdivision.
3. Plan. Sketch: An informal plan not necessarily to exact scale, indicatins salient I existing features of a tract and its surroundings and the general layout of a proposed I subdivision. 4. Plan Preliminam: A tentative subdivision plan, in lesser detail than the find pian, indicating the appro?dmate proposed layout of a subdivision as a basis for I consideration prior to preparation of the final plan. 5. Plan. Final: A complete and exact subdivision plan prepared for official approval and I recording as required by statute.
Substantial Damape: Dqaeof any origin sustained by a structure whereby the cost of (I restoring the structure to its before-damaged condition would equal or exceed 50% of the market value of the st&cture before the damage occurred.
I Substantial ImDrovement: Any repair, reconstruction, rehabilitatiog addition or other improvement of a structure, the cost of which equals or exceeds 50 percent of the market I value of the structure before the "start of construction" of the improvement. The term also includes structures which have incurred substantial damage, regardless of the actual repair work performed. The term does not include either a) any project for improvement I of a structure to correct eihgviolations of state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement oficer and which are the minimum necessary to assure safe living conditions; or b) any alteration of an I historic structure, provided that the alteration Will not preclude the structure's continued designation as an historic structure. I Survevor: __ A licensed surveyor registered- in Pennsylvania. I -Swale: A low lyiq stretch of land which gathers or carries surface water runoE Watercourse: Any river, stream, run, drainageway, lake, pond or other body of water appearing as a permanent or intennittent waterway on United State Geological Survey I maps.
I Watershed Area: The drainage area of a particular stream or watercourse. (See also Drainage kea.)
I Water Svstem: A system for the provision of water to individual lots or the public for human consumption.
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1. Water Svstem, Public: A water system, as defjned by the PA Department of I Environmental Protection which has at least 15 service connections or regularly semes I an average of at least 25 individuals daily at least 60 days out of the year. 2. Water Svstem. Non-Public: All water systems which are not public water systems. I Wetlands: Areas which are inundated or saturated by surface or ground water at a Erequency and duration sufficient to support, and that under normal conditions do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands I generally include swamps, marches, bogs and similar areas. I 1 I I I I I I I I I I I 64 I