ST. THOMAS TOWNSHIP

SUBDIVISION AND LAND DEVELOPMENT ORDINANCE

As Amended ,1990

ARTICLE I

Section 100:

Section 101:

Section 102:

Section 103:

ARTICLE II

Section 200:

ARTICLE III

Section 300:

Section 301:

Section 302:

Section 303:

Section 304:

ARTICLE Iv Section 400:

Section 401:

Section 402:

Section 403:

Section 404:

ARTICLEV

Section 500:

Section 501:

T A B L E O F C O N T E N T S Page.No.

SHORT TITLE, AUTHORITY, PURPOSE AND INTENT, INTERPRETATIONS

Short Title . . . . . . . . . . . . . . . . . . 01

Authority . . . . . . . . . . . . . . . . . . . 01

Purpose and Intent. . . . . . . . . . . . . 01

Interpretation . . . . . . . . . . . . . . . . . 01

DEFINITIONS

Definitions..:. . . . . . . . . . . . . . . . 01

CONTROL OF SUBDMSIONS AND LAND DEVELOPMENTS, RECORDING OF PLANS, DEDICATIONS OF PROPERTY AND IMPROVEMENTS

Control of Subdivisions & Land Development. . 08

The Effect of Land Devc1:Jpment . . . . . . . . . 09

Recording of Final Plans . . . . . . . . . . . . . . . 09

Timing of Governing Regulations. . . . . . . . . 09

Modifications. ...................... 10

PROCEDURES AND JURISDICTION

Plan Approving Agency. . . . . . . . . . . . . . 10

Submittal of Plans . . . . . . . . . . . . . . . 10

Review of Plans. . . . . . . . . . . . . . . . . 11

Approval of Plans. . . . . . . . . . . . . . . . 11

Overall Master Plan Requirements ........ PRE-APPLICATION CONSULTATION

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h e - Application Consultation . . . . . . . . . . 12

Sketch Plan Submission . . . . . . . . . . . . . 12

ARTICE VI

Section 600:

Section 601:

ARTICLE VII

Section 700:

Section 701:

ARTICLE WJ

Section 800:

Section 801:

Section 802:

Section 803:

Section 804:

ARTICLE Ix: Section 900:

Section 901:

Section 902:

Section 903:

Section 904

Section 905:

Section 906:

Section 907:

Section 908:

Section 909:

ARTICLE x Section 1OOO:

MINOR SUBDIVISIONS

Qualifications . . . . . . . . . . . . . . . . . Plan Requirements . . . . . . . . . . . . . . . .

PRELIMINARY PLANS

Preliminary Plan Specifications . . . . . . . . . Preliminary Plan Procedure . . . . . . . . . . .

FINAL RECORD PLANS

Plan Requirements . . . . . . . . . . . . . . . . Review Procedure . Approval of Plans . . . . . .

Pre-Requisite to Final Plan Approval . . . . . . . . . . Approval Resolution to Facilitate Financing .......

Completion of Improvements or Guarantee Thereof .

Release from Improvement Bond . . . . . . . . . . . . . . DESIGN STANDARDS

Application of Standards . . . . . . . . . . . . General Site Suitability . . . . . . . . . . . . Blocks and Lots . . . . . . . . . . . . . . . . . Streets ..................... Street and Road Construction . . . . . . . . . . Standards for Sewer and Water Systems ...... Driveway Permit . . . . . . . . . . . . . . . . . Erosion and Sediment Control Standards and Specifications

Other Public Facilities . . . . . . . . . . . . . . . . . . Mobile Home Skirting . . . . . . . . . . . . . . . . . . . MOBILE HOME PARK REGULATIONS

Procedure ....................

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Section 1001:

Section 1002:

Section 1003:

Section 1004:

Section 1005:

Section 1006:

Section 1007:

Section 1008:

Section 1009:

Section 1010:

Section 1011:

Section 1012:

Section 1013:

Section 1014:

Section 1015:

Section 1016:

Section 1017:

ARTICLE XI

Section 1100:

Section 1101:

Section 1102:

Section 1103:

Section 1104:

Section 1105:

Section 1106:

Section 1107:

Plan Requirements . . . . . . . . . . . . . . . . Renewable Park Permit . . . . . . . . . . . . . . Lot Requirements . . . . . . . . . . . . . . . . Yard and Set-Back Requirements . . . . . . . . . Park Street System . . . . . . . . . . . . . . . Required Off-street Parking . . . . . . . . . . . Utility Improvements . . . . . . . . . . . . . . Usable Open Space . . . . . . . . . . . . . . . . Screening .................... Walkways .................... Other Site Improvements . . . . . . . . . . . . . Park Areas for Non-Residential Uses . . . . . . . Existing Mobile Home Parks ........... Walkways ........................ Anchoring ......................... Other Site Improvements . . . . . . . . . . . . . . . Penalties ........................... LAND DEVELOPMENTS INVOLVING SANITARY LANDFILLS OR SURFACE MINING OPERATIONS

Landfills .................... Fencing and Vegetative Screening . . Environmental Impact . . . . . . . . . . Construction of Landfills ........ Re-Separation Requirements ..... Change of Topography ......... Surface Restoration . . . . . . . . . . . Liability Insurance . . . . . . . . . . . .

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ARTICLE XII

Section 1200:

Section 1201:

Section 1202:

ARTICLE XIII

Section 1300:

Section 1301:

Section 1302:

Section 1303:

Section 1304:

Section 1305:

ARTICLE X I V

Section 1400:

Section 1401:

Section 1402:

Section 1403:

Section 1404:

TOWNSHIP REVIEW FEE FOR SUBDIVISION & LAND DEVELOPMENT; TOWNSHIP ENGINEERING FEE

Township Review Fee for Subdivision and. . . . . 40 Land Development

Township Engineering Fee . . . . . . . . . . . . 41

Franklin County Planning Commission Fee. . . . . 41

STORM WATER MANAGEMENT

Purposes & Scope.. . . . . . . . . . . . . . . 41

Application Procedures & Requirements. . . . . . Preliminary Plan Requirements for Storm. ....

Final Plan Requirement . . . . . . . . . . . . . 45

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42 Water Management

Review Fee. . . . . . . . . . . . . . . . . . . 46

46 Waiver of Plan Requirements. . . . . . . . . . . ENFbRCEMENT, PENALTIES, SEVERABILITY, AND ADOPTION

Enforcement. . . . . . . . . . . . . . . . . . . 46

Appeals to Court. . . . . . . . . . . . . . . . 47

Repealer .................... 47

Severability . . . . . . . . . . . . . . . . . . 47

Ordinance Adoption . . . . . . . . . . . . . . . 48

SHO E T E. A EANDINTENTI RPRET

SECTION 100: S E

This Ordinance shall be known as the St. Thomas Township Subdivision and Land Development Ordinance.

SECI'ION 101: AUTHO RITY

This Ordinance is adopted pursuant to the provisions of the "Pennsylvania Municipalities Planning Code" (Act 247) effective January 1, 1969, as amended.

S E W O N 102: P-

This Ordinance is enacted for the purpose of assuring sites suitable for building purposes and human habitation, and to provide proper accommodation of surface drainage over lots and accumulations on roads; to assQre adequate and safe water and sewer services; to provide for proper access of emergency and fire fighting equipment; and to coordinate the operations of the Township and other agencies involved with land development; and for the general purpose of guiding and accomplishing coordinate and harmonious development within the Township.

It is the intent of this Ordinance to accomplish these objectives in as practical a way as possible to promote the health, safety and general welfare of the present and future populations of the Township and to expedite, not hinder, acceptable construction.

SECTION 103: 1"

The provisions of this Ordinance shall be held to be minimum requirements to meet the above stated purposes; where the provisions of this Ordinance impose greater restrictions than those of any statute, other ordinance or regulation, the provision of this Ordinance shall prevail. When the provisions of any statute, other ordinance or regulation impose greater restrictions than those of this Ordinance, the provisions of such statute, ordinance or regulation shall prevail.

ARTICLE II

SECTION 200: P Q S I N

As used in This Ordinance words in the singular include the plural, and in the plural include the singular. The word "person" includes corporation, unincorporated association and partnership, as well as an individual. The word "building" includes the meaning of "structure" and shall be construed as if followed by the phrase "or part thereof." The following words as used in This Ordinance shall have the meanings indicated below:

1. Acce lerated E rosion: The removal of surface materials by the action of natural elements caused by mans manipulation of the landscape.

2. A m 'cultural Purpose : The regular and continuous cultivation of the soil for general farm crop purpose, commercial truck growing, commercial orchards, or commercial nurseries, excluding the construction of buildings or residential structures, or streets or roadways.

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3. Applicant: A land owner or developer, as hereinafter defined, who has filed an

4. Amliution For DeveloDme ny: Every application, whether preliminary, tentative or

application for development including his heirs, successors and assigns.

final, required to be filed and approved prior to start of construction or development; including but not limited to an application for a building permit or the approval of a subdivision plan or the approval of a land development plan.

unsubdivided area, or other barrier. 5. Block: An area bounded by streets, proposed streets, railroad right-of-way, waterway,

6. Board: The Board of Supervisors of St. Thomas Township, Franklin County, Pennsylvania.

7. m g : Any structure having a roof supported by columns or walls and intended for the shelter, housing or enclosure of persons, animals, or chattels, and including covered porches or bay windows and chimneys.

8. Cartwav: The portion of a street intended for vehicular use.

9. Centra 1 Sewer=: Any public sewerage system or properly permitted private sewerage system designed for the collection of sewage or industrial wastes of a liquid nature from two or more lots and the treatment and disposal of the sewage or industrial wastes; provided such private sewage system is approved by the Township Municipal Authority and the Department of Environmental Resources.

10. Clear -Sight Dista nce: A line of unobstructed vision from a point four and one-half feet (4-1D') above the center line of a street to the farthest point on the top of an object four and one- half feet (4-1/2') high on the same center line.

lines of sight between points at a given distance from the intersection of street center lines. 11. Clear-Siyht Trian~le: An area of unobstructed vision at street intersections defined by

12. County: Franklin County, Pennsylvania.

13. Crosswalk: A right-of-way for pedestrian travel across a street or road.

14. Cul-de-sar; : A street with access closed at one end and with a vehicular turn-around at the closed end

15. -c : A vegetated pond, swale, or other structure designed to drain completely after storing runoff only for a given storm event and release it at a predetermined rate. Also known as a dry pond.

such landowner, who makes or causes to be made a subdivision of land, land development, or mobile home park.

17. Jkvelopment Plan: The provisions for development, including a planned residential development, a plat of subdivision, all covenants relating to use, location and bulk of buildings and other structures, intensity of use or density of development, streets, ways and parking facilities, common open space and public facilities. The phrase "provisions of the development plan" when used in this act shall mean the written and graphic materials referred to in this definition.

16. Bevelow: Any landowner, agent of such landowner or tenant with the permission of

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18. p r a i n m : The flow of water or liquid waste and the methods of directing such flow.

19. privewav: Every entrance or exit used by vehicular traffic to or from residential or

20. pwellin3: A building designed for residential purposes and used as living quarters for

commercial properties and the existing or proposed public roadway.

one or more persons.

A. pwellinp Unit: One or more rooms used for living and sleeping purposes and having a kitchen with fixed cooking facilities arranged for occupancy by one (1) family or a single person. 6OA

21. Earthmoviny Activity : Any construction or other activity which disturbs the surface of the land including but not limited to, grading, excavation, embankments, land development, subdivision development, mineral extraction and the moving, depositing, or storing of soil, rock or earth.

22. Easement: A right granted for the use of private land for certain public, quasi-public or private purposes, also the land 'to which such right pertains.

23. E n e r g v a t o r : A device used to slow the velocity of storm water, particularly at points of concentrated discharge such as pipe outlets.

24. Engineer: A professional engineer licensed as such in the Commonwealth of Pennsylvania, duly appointed as the engineer for the Township or planning agency.

25. Eng ineer. Reg. istered : A person duly registered as a professional engineer by the State of Pennsylvinia.

26. Fxca vatioq: Any act by which earth, sand, gravel, rock or any other similar material is dug into, cut, quarried, uncovered, removed, displaced, relocated or bulldozed and shall include the conditions resulting therefrom.

27. m: A. Any act by which earth, sand, gravel or rock or any other material is placed, pushed,

dumped, pulled, transported or moved to a new location above the stripped surface and shall include the conditions resulting therefrom; and/or

point of higher elevation on the final grade; and/or B. The difference in elevation between a point on the original ground and a designated

C. The material used to make a fill.

28. Freeboard: The difference between the design flow elevation in the emergency spillway and the top of the settled embankment.

29. -: A natural or man-made drainage way of parabolic or trapezoidal cross-section shaped to required dimensions and vegetated for safe disposal of runoff. (Also known as a swale).

30. Holding. Pond: A retention or detention pond.

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3 1. Landowner: The legal or beneficial owner or owners of land including the holder of an option or contract to purchase (whether or not such option of contract is subject to any condition), a lessee if he is authorized under the lease to exercise the rights of the landowner, or other person having a proprietary interest in land.

32. J .and Develoyment:

1. The impro vement of one lot or two or more contiguous lots, tracts or parcels of land kz Bnv D U I T I O ~ involving:

i. a group of two or more residential or nonresidential buildings, whether proposed initially or cumulatively, or a single nonresidential building on a lot or lots regardless of the number of occupants or tenure; Provided however, that the following uses or improvements shall be excluded from the term "land development":

a. the conversion of an existing single-family detached dwelling or single family semi- detached dwelling into not more that two residential units, unless such units are intended to be a condominium;

b. the addition of an accessory building, including farm buildings, on a lot or lots subordinate to an existing principal building or use, but only where the accessory building contains less that 20% of the square footage footprint of the existing principal buildings, and does not exceed 1200 square feet. In determining the applicability of this exclusion, any structure on the site previously found to be an accessory building under this exclusion shall be combined with the newly proposed building.

ii. the division or allocation of land or space, whether initially or cumulatively, between or among two or more existing or prospective occupants by means of, or for the purpose of streets, common areas, leaseholds, condominiums, building groups or other features.

iii. the addition or conversion of building or rides within the confines of an enterprise which should be considered an amusement park. For purposes of this subclause, an amusement park is defined as a tract or area used principally as a location for permanent amusement structures or rides. This exclusion shall not apply to newly acquired acreage by an amusement park until initial plans for the expanded area have been approved by proper authorities.

2. A subdivision of land.

In the case of a farm development, surveying shall only be required for the immediate drainage area surrounding the proposed construction, as determined by the township engineer from U.S.G.S. topographic maps.

permitted by law and to be used, developed or built upon as a unit.

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 acceptable.

33. M: A designated parcel, tract or area of land established by a plat or otherwise as

34. Mat ion: A voluntary negotiating process jn which parties in a dispute mutually

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35. Mobile homc: A transportable, single family dwelling intended for permanent occupancy, contained in one unit, or in two or more units designed to be joined into one integral unit capable of again being separated for repeated towing, which arrives at a site complete and ready for occupancy except for minor and incidental unpacking and assembly operations, and constructed so that it may be used with a permanent foundation, excluding modular or pre- manufacture housing having a width of at least 25 feet.

36. -f: A parcel of land in a mobile home park, improved with the necessary utility connections and other appurtenances necessary for the erections thereon of a single mobile home.

improved that it contains two or more mobile home lots for the placement thereon of mobile homes.

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37. Mob ile Home Park: A parcel or contiguous parcels of land so designated and

38. Municipal Aut horitv: The St. Thomas Township Municipal Authority, or its successor.

39. N $ : The number of dwelling units per net acre of land devoted to residential buildings and accessory uses on the same tract within the site but excluding land for streets, public parking, playgrounds, and non-residential uses.

proposed as the installation site for an on-lot septic system, to be carried out according to the requirements of the Pennsylvania Department of Environmental Resources.

40. Percolation: A procedure to determine the absorption rate of the soil in an area

41. Planninp Agenu: A planning commission, planning department or a planning

42. P l a n n i n g : The Planning Commission of St. Thomas Township.

43. m: The map or plan of a subdivision of land development, whether preliminary or

committee of the governing body. . .

final.

44. p- n s, includes:

1. parks, playgrounds, trails, paths and other recreational areas and other public areas; and

2. sites for schools, sewage treatment, refuse disposal and other publicly owned or

3. publicly owned or operated scenic and historic sites.

operated facilities; and

45. PublicHean 'ng: A formal meeting held pursuant to public notice by the governing body or planning agency, intended to inform and obtain public comment, prior to taking action in accordance with this ordinance or applicable law.

46. Public MeetiIZg: A forum held pursuant to notice under the act of July 3,1986 (P.L.388, No.84) known as the "Sunshine Act".

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47. Pub1 ic Notice: Notice published once each week for two successive weeks in a newspaper of general circulation in the municipality. Such notice shall state the time and place of the hearing and the particular nature of the matter to be considered at the hearing. The first publication shall not be more than 30 days and the second publication shall not be less than seven days from the date of the hearing.

48. Renewable Enerpv Sou rce: A method, process or substance whose supply is rejuvenated through natural processes and, subject to those natural processes, remains relatively constant, including, but not limited to, biomass conversion, geothermal energy, solar and wind energy and hydroelectric energy and excluding those sources of energy used in the fission and fusion processes.

from adjacent properties or from another street.

water designed to store runoff for a given storm event and release it at a predetermined rate.

fall of rain or snow that does not enter the soil but runs off the surface of the land.

49. Pese rve Sm 'p: A parcel of ground in separate ownership separating a street or road

50. Petent ion Structu re: A pond, swale, or other structure containing a permanent pool of

5 1. Runoff: The surface water discharge or rate of discharge of a given watershed after a

52. Runoff from a Fullv DeveloDed Area U ~ ~ t r e a m : The surface water runoff that can be reasonably anticipated upon maximum development of that area of the watershed located upstream from the subject tract, as permitted by prevailing zoning or the township comprehensive plan; if such exists.

53. Sanitary Se wer: A pipe for conveying sewage; excluding storm, surface and ground water.

54. Sanitarv Sewer Facility: A public sanitary sewer system or a comparable common or

55. - 2 g : A well maintained fence, wall, hedge, or vegetative material at least five

package sanitary sewer facility approved by the appropriate governmental agencies.

feet (5') in height and of a density to conceal from the view of adjoining property owners the structures and uses on the premises on which the screening is required to be located.

56. Secretary: The St. Thomas Township Secretary.

57. s- *a: The process by which mineral or organic matter is accumulated or deposited by moving wind, water or gravity. Once this matter is deposited (or remains suspended in water), it is usually referred to as "sediment".

58. Wiment Bas ia: A temporary dam or barrier constructed across a waterway or at other suitable locations to intercept the runoff and to trap and retain the sediment.

59. m: Slopes are to be expressed in a percentage based upon vertical difference in feet per one-hundred feet (100') of horizontal distance.

60. &il Andy&: A procedure to permit visual inspection of geological formations and water table level in an area proposed as the installation site for an on-lot septic system. Such tests will consist of a trench which shall be as a minimum two feet (2') wide and six feet (6') deep or four feet (4') below the proposed installation level of the septic field, whichever is deeper. Such tests may be referred to as a "Deep Probe'' or inspection trench and shall be open for inspection by the Township and the Department of Environmental Resources.

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61. Soil Stabilization: Chemical or structural treatment of a mass of soil to increase or

62. S t o r w Structu re: A retention or detention structure.

maintain its stability or otherwise improve its engineering properties.

63. StormSe wer: A pipe, open ditch or drainage channel for conveying rain water, surface water, condensate, cooling water or similar liquid wastes; exclusive of sewage or industrial wastes; to a natural water course or other outlet.

64. S- m nt: The control of runoff to allow water falling on a given site to be absorbed or retained on site to the extent that after development the peak rate of discharge leaving the site is not significantly different than if the site had remained undeveloped.

65. Street: A strip of land which is intended primarily as a means of vehicular and pedestrian traffic, whether public or private, which may be used also as a space, when public, for sewers, public utilities, shade trees and sidewalks.

66. Street. Pub lic: A smp of land, including the entire right-of-way, intended to be dedicated for use as a means of vehicular and pedestrian circulation by the public at large.

67. Structurg: Any combination of materials, other than a building which forms a construction, including but not limited to flagpoles, stadiums, platforms, towers, sheds, storage bins, fences exceeding four feet (4') in height, signs, sign posts, lights and light standards for other than residential use but excepting patios, driveways, walks, and parking area to yard grade.

68. Subd ivider: The owner, developer or the authorized agent of the owner of a subdivision or land development.

69. Subd ivision: The division or redivision of a lot, tract or parcel of land by any means into two or more lots, tracts, parcels or other divisions of land including changes in existing lot lines for the purpose, whether immediate or future, of lease, partition by the court for dismbution to heirs or devisees, transfer of ownership or building or lot development: Provided, however, that the subdivision bv lease of land for agricultural purposes into parcels of more that ten acres, not involving any new street or easement of access or any residential dwelling, shall be exempted.

70. I$ ubdivision.: Any division abutting an existing public street or road involving three (3) or less lots, parcels of land, or other division of land which does not require a new street, the installation of sanitary sewers, storm sewers, water mains or pipes, or other public improvements.

71. &.I bstantiallv ComDlcted : Where in the judgement of the township engineer, at least 90% (based on the cost of the required improvements for which financial security was posted pursuant to section 509) of those improvements required as a condition for final approval have been completed in accordance with the approved plan, so that the project will be able to be used, occupied or operated for its intended use.

fuel, roadway material, manufacturing, or for re-sale, excepting shale, slate or soil excavation and removal operations.

72. Surf -JJ ' : The removal of any substance from the earth for use as

73. Survevor: A person duly registered as a professional surveyor by the State of Pennsylvania.

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74. Swale: A low lying stretch of land which gathers or carries surface water runoff.

75. Topsoil: Fertile surface and subsurface soils rich in organic matter or humus debris.

76. Townhouse: A residential structure containing four or more attached single family

77. TownshiQ: St. Thomas Township, Franklin County, Pennsylvania.

78. TownshiD Engineer: II'he township Engineer or any consultant designated by the

dwelling units, each of which has a separate lot.

Board of Supervisors to review a subdivision plan and perform the duties of an engineer in behalf of the Township.

79. Usab le& n SDace - : A parcel or parcels of land or an area of water, or a combination of land and water within a development site and designed and intended for the use or enjoyment of residents of the subdivision or mobile home park or other development, not including streets, off- street parking areas and areas set aside for public facilities.

80. Wate r Course : A permanent stream, intermittent stream, river, brook, creek, channel or ditch for water, whether natural or man-made.

ARTICLE a BDI SONS ANDL P N R E IN PLAN

,DE : ICATI NT

SECTION 300: : NT

From and after the effective date of This Ordinance, no subdivision or development of any lot, tract, or parcel of land within the Township shall be made, and no street, sanitary sewer, storm sewer, water main or other facility in connection therewith shall be laid out, constructed, opened or dedicated for public use of travel or for the common use of occupants of buildings abutting thereon, except in smct accordance with the provisions of This Ordinance. No lot in a subdivision or land development may be sold, no permit to erect, alter or repair any building upon land in a subdivision or land development may be issued, no building may be erected, and no changes may be made in the contour of the land, no m n g , excavating, removal or destruction of the topsoi1,trees or other vegetative cover of the land may be commenced in a subdivision or land development unless and until a plan for the subdivision on land development has been approved by the Board of Supervisors and recorded, and until the improvements required by the Board of SupeMsors in connection therewith have either been constructed in strict accordance with the standards and specifications of the Township or guarantexxl as provided in Sections 800, j., and 802 of This Ordinance. Said standards and specifications, particularly as presented in Article IX of This Ordinance arc declared to be a minimum guarantee that all streets shown on any proposed plan are of sufficient width and proper grade and so located as to accommodate the probable volume of traffic thereon, afford adequate light and air, facilitate fire protection, provide a coordinated system of streets conforming to the Township's Official Plan of streets; and further, that the land whereon buildings are to be constructed is of such character that it can be used for building purposes without danger to health or peril from fire, flood or other hazard and that all necessary or required erosion and sedimentation facilities be installed prior to or during the initial phase of construction of the subdivision or land development.

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SECTION '301: THE E F F E n OF LAND DEVELOPMENT

If a tract or parcel of land is planned and designed for separate developments or uses, although said tract or parcel remains under single ownership, each such development or use shall contain the minimum lot area, setback, and yard requirements as stipulated in this Ordinance. In the event the' . ownership of a particular development or use is to be subdivided for transfer or sale, such subdivision shall contain the minimum area, setback, yard and all other requirements of the Township.

SECTION 302: RECORDINGO FFINAL PLANS AND DEDICATION OF PROPERTY AND IMpRovEMENTs

Upon approval of a final subdivision or land development plan, the developer shall within ninety (90) days of such final approval record such plan in the office of the Recorder of Deeds of the County, and the streets, parks, erosion and sedimentation and water management control facilities and other public improvements shown thereon shall then be considered to be a part of the Official Plan of the Township. Offers of dedication of such public improvements to the Township shall be submitted on a written, recordable document setting forth by metes and bounds the offer, or the owner may note on the plan that such improvements have not been offered for dedication to the Township. Every street, park, erosion and sediment facility or other public improvements shown on a recorded subdivision or land development plan shall be deemed to be a private street, park, or improvement until such time as the same has been accepted by ordinance or resolution.

SECTION 303: TIMING OF GOVE RNING REGULATIONS

From the time an application is made for approval, whether preliminary or final, is duly filed as provided in this Ordinance, and while the application is pending action, no change or amendment of zoning, subdivision and land development ordinance or comprehensive plan shall affect the decision on such application adversely and the applicant shall be entitled to the governing regulations at the time the application was filed. In addition, when preliminary application has been duly approved, the applicant shall be entitled to final approval in accordance with terms of the approved preliminary application for a period of five (5 ) years from the date of such preliminary approval. However, if an application is properly and finally denied, any subsequent application shall be subject to any intervening change in governing regulations. When an application is approved without conditions or approved by the applicant's acceptance of conditions acceptable to the applicant, no subsequent change or amendment in zoning, subdivision and land development ordinances or comprehensive plan shall be applied to affect any aspect of the approved plan for a 5- year period from such approval, which shall be counted from the date of preliminary approval, or in case of any doubt when the application for such approval was duly filed.

Where the applicant has substantially completed the required improvements as depicted upon the final plan within the 5-year limit, or any extension granted by the Township Board of Supervisors, no change or zoning, subdivision and land development ordinances or comprehensive plan enacted subsequent to the date of filing of the preliminary application shall modify or revoke any aspect of approved final plans pertaining to zoning district, density, lot, building, street or utility location.

In the case of preliminary plan requiring the installation of improvements beyond the five-year period, a schedule shall be filed by the applicant with the preliminary plat delineating all proposed sections as well as deadlines within which applications for fmal plat approval of each section are intended to be filed. Such schedule shall be updated annually by the applicant on or before the anniversary of the preliminary plat approval, until final plat approval of the final section has been granted and any modification in the aforesaid schedule shall be subject to approval of the Township Board of Supervisors in its discretion. Each section in any residential subdivision or land development, except for the last section, shall contain a minimum of 25 percent of the total number

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of dwelling units as depicted on the preliminary plan, unless a lesser percentage is approved by the Township Board of Supervisors in its discretion. Provided the applicant has not defaulted with regard to or violated any of the conditions of the preliminary plat approval, including compliance with the aforesaid schedule of submission of final plats for the various sections, then the foregoing protections afforded by substantially completing the improvements shown upon the final plans within five years shall apply and for any section or sections, beyond the initial section, in which the required improvements have not been substantially completed within said five-year period these protections shall apply for an additional term or terms constituting three years from the date of final plan approval for each section. Failure of applicant to adhere to the aforesaid schedule of submission of final plats for the vaiious sections shall subject any such section to any and all changes in zoning, subdivision and land development ordinances enacted by the Township subsequent to the date of the initial preliminary application.

SECTION 304: -S

A. The township Supervisors may grant a modification of the requirements of one or more provisions if the literal enforcement will exact undue hardship because of peculiar conditions pertaining to the land in question, provided that such modification will not be contrary to the public interest and that the purpose and intent of the ordinance is observed.

B. All requests for a modification shall be in writing and shall accompany and be a part of the application for development. The request shall state in full the grounds and facts of unreasonableness or hardship on which the request is based, the provision or provisions of the ordinance involved and the minimum modification necessary.

C. The Supervisors may waive the applicable of this ordinance in an instance where a lot owner desires to install a mobile home on his property to be occupied only by a named relative and to be removed as the named relative vacates that mobile home.

ARTICLE IV

PROCEDURES AND JURIS DICTION

SECTION 400: [

All Final Subdivision and Land Development Plans shall be subject to approval , or approval with conditions,or rejection by the Board of Supervisors. In the event such a plan is disapproved, the reasons therefore and a description of the requirements of this ordinance which have not been met, citing the sections involved, shall be set forth in writing within the time provided by this ordinance or applicable law. All plans shall be referred to the Planning Commission for its review and recommendations.

SECTION 401: S m The subdivider or land developer shall submit to the Township Secretary all plans and documents required in this Ordinance along with a completed and signed subdivision application forrn at least ten (10) calendar days prior to the next regular scheduled meeting of the Planning Commission. All plans, when first submitted, shall be considered Preliminary Plans, except Minor Subdivisions. If the subdivider or land developer makes substantial revisions in his plans after they have been approved in Preliminary form, such revised plans shall be treated as Preliminary Plans when re- submitted.

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Upon approval of the Preliminary Plans, Final Plans shall be submitted by the subdivider or land developer in the same manner as Preliminary Plans and the Township Secretary shall distribute the required number of copies to the appropriate agencies concerned, as provided for in this Ordinance.

SECTION402: pEV IEW OF PLANS

Subdivision and land development plans will usually be reviewed by St. Thomas Township Planning Commission at its first regular meeting following the date of submittal, providing that such plans are submitted at least ten (10) calendar days prior to that meeting. The subdivider, or his duly authorized representative, shall attend the meeting of the Planning Commission to discuss the subdivision plan unless excused by the Commission. The Planning Commission shall forward the Plans and the Commissions recommendation to the Board of Supervisors for consideration.

SECTION 403: -S AP

Approval of Preliminary Plans-by the St. Thomas Township Board of Supervisors shall be considered approval of the design of streets and lots and such other features as may be shown on the plans, subject to any accepted conditional changes to be incorporated in the Final Plans. No subdivision or land development plan shall be approved unless all specified items within this Ordinance have been included or addressed in a manner satisfactory to the Township Board of Supervisors.

The Board's approval of the Final Plans shall be given only after the requirements and conditions indicated on or in connection with Preliminary Plan approval have been met, and the said approval shall constitute a Revision in the Official Plan of the Township of which i t is made a part thereof.

No subdivision or land development plans shall be approved unless: (1) All of the requirements of this Ordinance have been met, including, but not limited to those involving an erosion and sedimentation control plan that provides for minimizing erosion and sedimentation unless there has been a determination by the Board of Supervisors that a plan for minimizing erosion and sedimentation is not necessary and a storm water management plan complying with Article Xm. The Boards approval of the final plans shall be given only after the requirements and conditions indicated on or in connection with the prefirninary plans have been met; and said approval shall constitute final Township approval for the purpose of recording the plans in the Office of the County Recorder of Deeds. Before acting on any plan, the Board of Supervisors may arrange for a public hearing thereon after giving such notice as it may &em necessary and desirable in each case.

SECTIONW: OVE RALL MASTE R PLAN REOUIRE MENTS

A. When the total of all lots subdivided from a parcel or tract of land exceeds five (5) lots within the last 5 years, it shall be incumbent upon the subdivider to submit to the Township an Overall Master Plan parcel or tract of land before any further subdivision or land development plans may be approved by the Township. Such Overall Master Plan shall illustrate the following features in general terms without necessity of detailed engineering design.

1. The property lines of the host parcel and other lot previously subdivided.

2. Generalized lot layout with intended consideration for sewer, water, roadway, and storm drainage control.

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3. Generalized location of major topographic features such as swales, water courses, rock

4. Generalized indication of the use or uses of the property in terms of the uses permitted by

5. The Overall Master Plan shall be submitted at a scale of not smaller than 1" = 200.

outcropping s , and related characteris tics .

the Township Zoning Ordinance.

B, Effect of Overall Master Plan: -The Overall Master Plan will be used by the Township to assist in evaluating further subdivision submittals of the applicant. When on the recommendation of the Planning Commission and action of the Board of Supervisors, it is deemed that further subdivisions depart substantially from the concepts presented in the Overall Master Plan, a revised . Master Plan shall be required prior to approval of any future subdivision plans of the applicant.

ARTICLE \L

PRE-APPLICATION CONSULTATION

SECTION 500: PRE-APPLICATION CONSULTATION

The pre-application consultation with the Township, is voluntary, and communications shall be kept as confidential as possible. The subdivider or developer, before going ahead with the Preliminary Plan procedure or with steps to acquire land or subdivide, should familiarize himself with the regulations and should consult with the Township about the following factors: A. The suitability of the site for development.

B. The demnd for a development, the type proposed, and the particular location proposed.

C. The accessibility of the site.

D. The availability of public facilities such as schools, parks, water, sanitary and storm sewers, etc., and the public services of police, fire, refuge disposal, etc.

E. The effect on the project of any contemplated improvements or the proposals of any comprehensive plan and these regulations.

F. Sewage facility requirements of the Department of Environmental Resources and the Township.

G. Erosion and sedimentation control plans and permits as required by the Department of Environmental Resources and as reviewed by the Franklin County Soil Conservation Dismct.

H. Precautionary measures to preserve or protect environmental, historic and natural features.

I. Approvals by the applicable State and Federal agencies.

Section 501: SKETCH PLAN SUBMISSION

It is suggested that prior to the consultation with the Planning Commission, the subdivider prepare a sketch plan of his proposed development. It is suggested that the subdivider or developer submit sufficient data to the Planning Commission for purposes of generally illustrating and discussing the proposed project.

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ARTICLE VI

MINOR SUBDIVISIONS

SECTION 600: Q W

A Minor Subdivision, as defined, may be directly submitted for Final Plan approval in accordance with Section 800 of this Ordinance and the plans and data requirements set forth herein. However, with multiple Minor Subdivisions within any given tract; exceeding five (5) lots within the preceding five years, or adjacent or adjoining tracts having been or expected to be subdivided, or whenever other circumstances warrant, the Commission may deny the Minor Subdivision provision within this Ordinance and may require such additional data as included within the Preliminary and Final Plan requirements and procedures, of this Ordinance.

SECTION601: P ME

The following materials and data shall be submitted with an applications for review and approval of the Minor Subdivision Plans:

A. Six copies of the subdivision or land development plans in the form of a map on sheet sizes either 8 1/2 inches by 14 inches; 18 inches by 24 inches; or 24 inches by 36 inches, and shown to a nominal scale not smaller than 100 feet to the inch and showing the following:

existing streets in the vicinity of the Township.

be .^mned, and the names of the adjoining property owners, as well as major significant physical features such as streams, mads, lanes, ponds, cemeteries, wooded areas and flood plains.

proposed name or identifying title of the project.

1. A location map showing the proposed project in relation to the adjacent properties and

2. A tract map showing the boundaries cf the entire tract to be subdivided, the new lot or lots to

3. The limits and dimensions of the tract or tracts to be subdivided or developed and the

4. The date, scale, and north point.

5 . The location and dimensions where applicable of existing buildings, roads, easements,

6. The location and dimensions of proposed easements or other rights-of-way and land

rights-of-way, public lanes, streams and any other monuments.

reserved for public purposes, the dimensions of existing or proposed sanitary or storm sewers and water facilities.

7. Existing topographic contours at not more than ten (10) foot vertical intervals or at such intervals that the contours shall have a maximum horizontal spacing of not more than 100 feet.

For any project not being connected to any public facilities within the Township, an assumed datum may be used for the topographic contours, but shall be stated on the plans as assumed datum.

Any project connecting or adjoining proposed public facilities within the Township shall be referenced to the Township Municipal Datum as supplied by the Township.

8. The name and address of the subdivider or developer.

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. . . . . . ~. . -

9. The name, seal and signature of the Registered Engineer or Registered

10. The name and address of the owner of the tract, and the names of the owners of the

11. The building resmction lines, percolation test sites and the location and description of the

12. The bearing and dimensions of all proposed property lines, the acreage of all parcels

13. A plan supplement or revision sewage Planning Module to the Township's Official Liquid

14. An erosion and sedimentation control plan and narrative as required pursuant to the

Surveyor who shall have prepared the plans.

adjoining tracts together with the deed references.

survey monuments.

including the residue of the parent tract, and lot numbers.

Wastes Plan complete with all necessary data.

provisions of the Clean Streams Law, or other applicable law or regulation.

A m

SECTION 700: P $ N

The following materials and data shall be submitted with an application for review and approval of the Preliminary Plans:

A. Eight copies of the subdivision or land developmnt plan in the form of a map or series of maps on sheet sizes either 8 1/2 inches by 14 inches; 18 inches by 24 inches; or 24 inches by 36 inches drawn to a scale not smaller than 100 feet to the inch and showing the following:

1. A location map showing the proposed project in relation to the adjacent properties and existing streets in the vicinity.

'

2. The layout of lots showing dimensions, lot numbers, and approximate areas of each lot, location of existing and proposed s m t s and driveways, including the name and widths of the rights-of-way and cart way.

3. The limits and dimensions of the tract or tracts being subdivided or developed and the proposed name or identifying title of the project.

4. The date, scale and north point.

5. The location and dimensions where applicable of existing buildings, roads, easements, rights-of-way, public lands, streams, and any other monuments.

6. The location and dimensions of proposed easements or rights-of-way and land reserved for public purposes, the dimensions of existing or proposed sanitary or storm sewers and water facilities.

7. Existing topographic contours at not more than ten feet (10'0") vertical intervals or at such horizontal intervals of not more than one hundred feet (100'0'). For any project which proposes ten or more lots or dwelling units, elevations shall be referenced to vertical controls established by an accepted Federal agency (N.O.S., U.S.C.G.S., U.S.G.S., or A.M.S.) and a suitable

14

benchmark shall be established within the project and referenced on the plan. The Planning Commission may also require supplemental plans showing proposed final contour. For any project not being connected to any public facilities within the Township, an assumed datum may be used for the topographic contours but shall be stated on the plans as assumed datum.

referenced to the Township Municipal Datum as supplied by the Township. Any project connecting or adjoining proposed public facilities within the Township shall be

8. The name and address of the subdivider or developer.

9. The name, seal and signature of the Registered Engineer or Registered Surveyor who shall

10. The name and address of the owner of the tract and the names of the owners of the

have prepared the plans.

adjoining tracts together with the deed references.

11. Building resmction lines, percolation test sites, and the location and description of the survey monuments.

B. Five copies of cross-section drawings of all proposed streets showing rights-of-way, cart way widths, location of sidewalks and planting strips.

C. Five copies of profile drawings of all proposed streets showing existing and proposed grades.

D. Five copies of plans and profiles of existing and/or proposed sanitary sewer and storm sewer systems, water dismbution systems, and any other pertinent utilities. The plans shall include grades, pipe sizes, and location of valves and fire hydrants. All storm sewer plans shall indicate the point or points where surface water enters and leaves the project, contributing area of runoff and the estimated volume and method of determination.

E. When any subdivision or land development is subject to the rules and regulations of the Department of Environmental Resources with regard to the disposal of liquid wastes, the applicant shall submit a Supplemental Planning Module or Plan Revision Module to the Township's Official Liquid Wastes Plan for the subdivision or land development of which the subdivider shall prepare six copies of the form supplied by the Department of Environmental Resources for use of the Towns hip.

F. In the event the plan proposes extension of utility service into the project by any Authority or Municipality other than St. Thomas Township or its agencies, a statement from that authority or municipality regarding the adequacy of such service extension shall be submitted.

G. Whenever the subdivision or land development is subject to the rules and regulations of the Department of Environmental Resources with regard to control of erosion and sedimentation control, the applicant shall file five (5) copies of an erosion and sedimentation control plan, provided, however, that in the case of the applications not requiring any erosion and sedimentation control pennit, the Commission may require the applicant to submit his plan to the Franklin County Soil Conservation District office for review and comment. The design standards and specifications for said plan are contained in the"Erosion and Sedimentation Control" handbook which has been prepared and provided by the Franklin County Conservation District and is on file in the Township Office.

H. Five copies of the Stom Water Management Plan required by this Ordinance.

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, -

SECTION 701 : PRELIMINARY PLAN PROCEDURE

A. The applicant, at least ten (10) days prior to the meeting of the Commission at which initial consideration is desired, shall file with the Township Secretary ten (10) copies of the Preliminary Plan and the accompanying documentation.

B. Copies of the Preliminary Plan and supporting data shall immediately be distributed by the Secretary to the following agencies, when applicable, for review and comment:

1. Three (3) copies to the Franklin County Planning Commission.

2. One (1) copy to the Township Engineer.

3. One (1) copy to the Township Municipal Authority as required.

4. One (1) copy to the Pennsylvania Department of Transportation if applicable.

5. One (1) copy to the Electric Power Company.

6. One (1) copy to the Township Sewage Enforcement Office.

7. One (1) copy to the Franklin County Conservation District.

8. The remaining copies to the Township Planning Commission.

9. Supplemental Sewage Planning Module and/or Plan Revision Module for Subdivision or Land Development to:

a. Department of Environmental Resources, if applicable.

b. Franklin County Planning Commission, if applicable.

c. Township Municipal Authority.

d Remaining copies to the Township File.

C. The Township Planning Commission shall take official action on the Preliminary Plan within sixty (60) days of the Township's receipt of the plans and data. The Commission shall note it's action on three (3) copies of the plans. The three (3) noted copies of the plan then shall be forwarded to the Board of Supervisors along with recommendations concerning the Fkliminary review.

D. Approval or Rejection of Plans:

1. The Board of Supervisors shall take official action on the Preliminary Plan after it has m i v e d the =view of the Commission and within the b e limits and in the manner provided in Section 801 (c.) of this Ordinance.

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ARTICLE VI4

FINAL REC ORD PLANS

SECTION 800: P- h4ENT .

The Planning Commission may require that the following materials be submitted with an application for approval of a Final Plan. Final Plans shall conform in all important details with Preliminary Plans as previously approved and any conditions specified in the approval of the Preliminary Plans shall be incorporated in the Final Plans.

The Final Plan submission shall occur not more than five (5 ) years following the date of approval of the Preliminary Plan. Failure to submit the Final Plan within this time period shall make the approval of the Preliminary Plan null and void unless an extension of time is requested by the subdivider or land developer prior to the five (5) years time limit and an extension is granted by the Board of Supervisors. The applicant may constitute only that portion of the approved Preliminary Plan which the applicant proposes to record and develop at that time, provided that such portion .

conforms with all requirements of the approved Preliminary Plan and this Ordinance.

The Final Plan shall contain the following data:

A. Ten (10) copies of the plan in the form of a map or series of maps on sheet sizes either 8 1/2 inches by 14 inches; 18 inches by 24 inches; or 24 inches by 36 inches, drawn to a scale not smaller than 100 feet to an inch and showing the following:

1. The items required to be shown in Preliminary Plans, as specified in Article VII, Section 700.

2. Final topographic contours in those areas recommended by the Commission and approved by

3. The location and method of proposed street lighting facilities and the location of street signs.

4. The location of minimum building set-back lines.

5. The complete metes and bounds description of each lot, tract or parcel with a minimum error

6. Lot and section numbers.

the Supervisors at not more than five foot vertical intervals.

of closure of one part in ten thousand.

7. Offer of Dedication to the Township or Township Authority wherever and whichever case is applicable of streets, rights-of-way, easements and sites for other public use.

B. Four copies of a utility map or maps showing the tract boundaries, existing and proposed streets, lot lines, sanitary sewer and storm sewer facilities, water lines, and, where applicable, curbs, sidewalks, fire hydrants and manholes.

C. Four copies of profile and cross-section maps or diagrams of streets showing proposed grades of curbs, sanitary and storm sewers, water lines, underground utilities, and storm water management facilities. Grades shall be shown at a minimum scale of fifty (50) feet horizontal and five (5) feet vertical.

D. An erosion and sedimentation control plan, together with an earth-moving permit when required pursuant to the provisions of the Clean Streams Law.

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E. Suitable documentation that the plans are in conformity with building, sanitation and other applicable Township Ordinances and regulations; and with the regulations governing the extension of the utility services into the Township. In any instance where such plans do not conform, evidence shall be presented that an exception has been officially authorized.

F. Such certificates, affidavits, endorsements or dedications as may be required by the Commission or the governing body of the Municipality in the enforcement of these regulations.

G. Evidence of the issuance of any driveway permit required by PennDot or St. Thomas Township.

H. A statement of the types of structures to be erected, and summary table of the number of structures and dwelling units proposed.

I. Suitable documentation that the plans are in conformity with building, sanitation and other applicable Township ordinances and regulations and with the regulations governing the extension of utility services into the Township. In any instance where such plans do not conform, evidence shall be presented that an exception has been officially authorized.

J. Evidence that the subdivider or developer has installed the necessary street and other improvements as required in Section 900 in accordance with Township standards and specifications, or that the subdivider has furnished the Township the guarantees required by Section 802.

SECTION801: RE R LA

A. At least ten (10) days prior to the meeting of the Planning Commission at which *.nitid consideration is desired, the subdivider or developer shall submit eight (8) copies of the Final Plan and accompanying documentation to the Township Secretary. The Final Plan submission shall occur not more than five (5) years following the date of approval of the Preliminary Plan. Failure to submit the Final Plan within the time period shall make the Preliminary Plan null and void unless an extension of time is requested by the subdivider or developer and granted in writing by the Board of Supervisors.

B. Copies of the Final Plan and supporting data shall be distributed by the Township Secretary to the following agencies where applicable:

.

1. Three (3) copies to the County Planning Commission for review and comment.

2. One (1) copy to the Township Engineer for review and preparation of cost estimates on improvement construction.

3. One (1) copy to the Township Municipal Authority if applicable.

4. One (1) copy to the Electric Power Company.

5. Remaining copies to the Township Planning Commission.

C. Approval or Rejection of Plans: All applications for approval of a plan, whether preliminary or final, shall be acted upon by the Board of Supervisors which shall render its decision and communicate it to the applicant not later than ninety (90) days following the date of the regular meeting of the Planning Commission next following the date the application is filed, provided that should the said next regular meeting occur more than thirty (30) days following the filing of the

18

application, the said ninety (90) day period shall be measured from the thirtieth (30th) day following the day the application has been filed.

the applicant personally or mailed to him at his last known address not later than 15 days following . the decision.

2. When the application is disapproved, the decision shall specify the defects found in the application and describe the requirements which have not been met and shall in each case, cite to the provision of the statute or ordinance relied upon.

3. The plan may be approved subject to conditions detailed in the written notice of decision if the applicant countersigns the decision containing said conditions, in which case the plan shall be approved if the conditions are met. In the event the applicant does not countersign the decision and accept the conditions within 15 days of receipt, the tentative approval automatically be rescinded.

D. Distribution of the copies of the plan as finally approved shall be as follows:

1. The decision of the Board of Supervisors shall be in writing and shall be communicated to

1. One (1) copy to the Engineer

2. One (1) copy to be retained in the Township Secretary's File.

3. One (1) copy to the Planning Commission.

4. Two (2) copies to the subdivider or developer.

E. Within ninety (90) days following approval by the Board of Supervisors, the Final Plan shall be recorded by the subdivider or developer at the County Recorder of Deeds Office. The subdivider or developer shall not present a plan for recording and the Recorder of Deeds shall not accept any plan for recording unless the plan has been officially approved and signed by the Board of Supervisors.

F. The Township Board of Supervisors shall not approve a Final Plan without a favorable report from the Department of Environmental Resources regarding the Official Plan Revision or Supplement where applicable. However, failure of the Department of Environmental Resources to report to the Township within the time prescribed by law from the date the last supplement was sent shall constitute approval.

SECTION 802: COMPLETION OF IMPROVEMENTS OR GUA RANTEE THEREOF PRE-

No plan shall be finally approved unless the streets shown on such plan have been approved to a permanently passable condition, as specified in Article LX, Sections 903 and 904, and any walkways, curbs, gutters, street light, fire hydrants, shade trees, water mains, sanitary sewers, storm sewers and any other improvements as may be required by this Subdivision and Land Development Ordinance, as amended, have been installed in accordance with such Ordinance.

In lieu of the completion of any improvements required as a condition for final approval, including improvements or fees for staged or phased development as described in 53 P.S. 509 (i), the developer shall deposit with the Township, financial security in an amount sufficient to cover the cost of such improvements or common amenities, including, but not limited to, road, s tom water detention and/or retention basins, other related drainage facilities, recreational facilities, open space improvements, or buffer or screen plantings, all improvements recited above, and all improvements as shown on the developers subdivision or development plan. The type of financial

19

security to be posted with the Township shall be in such form as may, from time to time, be approved by the Legislature of the Commonwealth of Pennsylvania, or such other form as may be deemed acceptable by the Township Board of Supervisors.

Such bond, or other security shall provided for, and secure to the public, the completion of any improvements which may be required on or before the date fixed in the formal action of approval or accompanying agreement for completion of the improvements.

The amount of financial security to be posted for the completion of the required improvements shall be equal to 110% of the cost of completion estimated as of 90 days following the date scheduled for completion by the developer. Annually, the township adjust the amount of the financial security by comparing the actual cost of the improvements which have been completed and the estimated cost for the completion of the remaining improvements as of the expiration of the 90th day after either the original date scheduled for completion or a rescheduled date of completion. Subsequent to said adjustment, the township may require the developer to post additional secunt~’ in order to assure that the financial security equals said 110%. Any additional security shall be posted by the developer in accordance with the section.

The amount of financial security required shall be based upon an estimate of the cost of completion of the required improvements, submitted by an applicant or developer and prepared by a professional engineer licensed as such in this Commonwealth and certified by such engineer to be a fair and reasonable estimate of such cost. The township upon the recommendation of its engineer, may refuse to accept such estimate for good cause shown. If the applicant or developer and the municipality are unable to agree upon an estimate, then the estimate shall be recalculated and recertified by another professional engineer licensed as such in this Commonwealth and chosen mutually by the municipality and the applicant or developer. The estimate certified by the third engineer shall be presumed fair and reasonable and shall be the final estimate. In the event that a third engineer is so chose fees for the services of said engineer shall be paid equally by the township and the applicant or developer.

If the party posting the financial security requires more than one year from the date of posting the financial security to complete the required improvements, the amount of financial security shall be increased by an additional 10% for each one year beyond the first anniversary date from the posting of financial security, or to an amount not exceeding 110% of the cost of completing the required improvements as re-established on or about the expiration of the preceding one year period by using the above bidding procedure. In a case where development is projected over a period of years, the Township Board of Supervisors may authorize submission of final plans by sections or stages of development subject to requirements or guarantees as to improvements in future sections or states of development as it finds essential for the protection of any finally approved section of the development.

As the work of installing the required improvements proceeds, the party posting the financial security may request the Township Board of Supervisors to release or authorize the release, from time to time of such portions of the financial security necessary for payment to the contractor or contractors perfoIming the work. Any such requests shall be in writing addressed to the Township Board of Supervisors and the Board shall have 45 days from receipt of such request within which to allow the municipal engineer to certify, in writing, to the Board that such portion of the work upon the improvements has been completed in accordance with the approved plan. Upon such certification the governing body shall authorize the release by the bonding company or lending institution of an amount as estimated by the municipal engineer which fairly represents the value of the improvements completed or, if the Board of Supervisors fails to act within said 45-day period, the Board shall be deemed to have approved the release of the funds as requested. The Board of Supervisors may, prior to final release at the time of completion and certification by its engineer, require retention of 10% of the estimated cost of the aforesaid improvements.

.

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Where the Board of Supervisors accepts dedication of all or some of the required improvements following completion, the Board may require the posting of financial security to secure structural integrity of said improvements as well as the functioning of said improvements in accordance with the designs and specifications as depicted on the final plan, for a term not to exceed 18 months *

from the date of acceptance of dedication. Said financial security shall be of the same type as otherwise required in this section and otherwise required by law, with regard to the installation of such improvements and the amount of the financial security shall not exceed 15% of the actual cost of installation of said improvements.

If water mains or sanitary sewer lines, or both, along with apparatus or facilities related thereto, are to be installed under the jurisdiction and pursuant to the rules and regulations of a public utility or a municipal authority separate and distinct from the Township, financial security to assure proper completion and maintenance thereof shall be posted in accordance with the regulations of the controlling public utility or municipal authority and shall not be included within the financial security otherwise required by this section.

.

If financial security has been provided in lieu of the completion of improvements required as a condition for the final approval-of a plan as set forth herein, the municipality shall not condition in issuance of building, grading or other permits relating to the erection of placement of improvements, including building upon the lot or land as depicted upon the final plan upon actual completion of the improvements depicted upon the final approved plan. Moreover, if said financial security has been provided, building or other permits shall not be withheld following the improvement of the streets providing access to and from existing public roads to such building or buildings to a mud-free or otherwise permanently passable condition as required in Article E, Section 904 hereof, as well as the completion of all other improvements as depicted upon the approved plan, either upon the lot or lots or beyond the lot or lots in question if such improvements are necessary for the reasonable use and occupancy of the building or buildings.

SECTION 803: F I T NIN

When requested by the developer, in order to facilitate financing, the township shall furnish the developer with a signed copy of a resolution indicating 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 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 governing body; such extension shall not be unreasonable withheld and shall be placed in writing at the request of the developer.

SECTION 804: W-,MENT BOND

The developer shall be entitled to release upon completion, inspection and acceptance of the required improvements, as provided by Section 5 10 of the Municipalities Planning Code.

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- . . . . . .

DESIGN ST ANDARDS

SECTION 900: APPLICATION OF STANDARDS

In considering applications for subdivision of land and land development, the Planning Commission shall be guided by the standards set forth hereinafter. The said standards shall be considered to be minimum requirements and shall be waived by the Township Supervisors only under circumstances adjudged, in their opinion, that the literal application of these standards in certain cases would work undue hardship or would be plainly unreasonable; the Township Supervisors may grant such reasonable exceptions as will not be contrary to the public interest. .

SECTION 901: ! ITABIL

No land shall be subdivided if such land is considered by the Commission to be unsuitable for the use proposed by reason of flooding or improper drainage, topography or other features harmful to the health, safety and general welfare of future residents and the community as a whole, unless the plans for the project shall provide adequate safeguards against such hazards.

All development shall be coordinated with the existing nearby neighborhoods so that the community as a whole may develop harmoniously.

SECTION 902: -5 N D T

A. BLOCK LENGTH: The design of blocks shall be not less than 500 feet nor more than 1800 feet long.

B. BLoC K WIDTH: Blocks shall be designed to a width of two tiers of lots and shall conform to the standards set forth herein, and generally have 300 feet between right-of-way lines.

C. GRADING: Blocks and lots shall be graded to sufficient elevation to secure drainage away from buildings and to prevent undesirable collection of storm water, Drainage shall be provided for according to recommendations of the Engineer or such other official as may be designated by the Board of Supervisors. Topsoil shall be preserved and redismbuted as ground cover, consistent with the erosion and sedimentation control measures as shown in the Conservation Manual prepared by the Franklin County Conservation District.

D. PES IDENTIALUNITS : Area within any road or street right of way shall be excluded in determining whether any lot meets minimum requirements set forth below.

1. Single Familv Residential LQL * (Minimum requirements):

On-Lot Water On-Lot Sewer/ On-Lot Water/ Central Water and Sewer (1) Central Water 1) Central Sewe r !AEusZX

Frontage 150 feet 150 feet 125 feet 75 feet

Lot Depth 150 feet 150 feet 150 feet 150 feet

Lot Area 30,000 sq.ft. 25,000 sq.ft. 18,750 sq.ft. 1 1,250 sq.ft.

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Active Play Area 100 sq.ft. Minimum Distance between Groups or Units 40 feet

b. No less than three (3) and no more than eight (8) dwellings shall be permitted in a unit or

c. Central water supply and sewerage shall be provided for developments containing more

d. A =nation area shall be furnished in townhouse development projects containing more

grOUP.

than three (3) dwelling units.

than eighteen (1 8) dwelling units. Such area shall not be less than ten thousand (l0,OOO) square . feet in land area, nor less than fifty (50) feet in its smallest dimension. For each dwelling unit above eighteen (18), an additional three hundred (300) square feet per dwelling unit shall be allocated to the total recreation area.

e. Where any townhouse project is proposed to be developed in conjunction with apartments, the recreation area requirements as provided in Section 4(a) shall be designed for and made accessible to the townhouse residents in addition to the requirements for multiple dwelling residents. The Board of Supervisors reserve the right to increase the active play area requirements upon recommendation of the Planning Commission when in its opinion additional area is necessary to accommodate the needs of the mixed use development in accordance with the spirit and objectives of the Ordinance.

4. Multinle Dwelling Residenca - Garden Apartments. (Minimum requirements)

a. Each multiple dwelling residential project shall contain a minimum of forty thousand (40,000) square feet of lot area in accordawe with the following standards.

Lot Width

Each Side Yard (exterior) Rear Yard Public or Private Street

and Front Yard Off-street Parking

per dwelling unit Minimum Distance between

Units Height (maximum) Recreation Area (minimum) Per Dwelling Unit:

Lot Depth

Efficiency 1 Bedroom 2 Bedroom 3 or mom Bedrooms

-

150 feet 150 feet 20 feet 30 feet

30 feet

2.0 spaces

40 feet 35 feet (2-1n stories) 5,000 sq.ft.

75 sq.ft. 100 sq.ft. 125 sq.ft. 150 sq.ft.

b. The maximum number of dwellings units permitted shall be determined on the basis of two thousand (2,000) square feet of lot area exclusive of public rights-of-way for each dwelling unit.

c. The length of any unit shall not exceed one hundred and ffity feet (150'0").

d. Central water supply and sewerage shall be provided.

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e. There shall be one hundred foot (looo") setback from the property line adjacent to any existing dwelling or residential district.

5. Homeowners Associationg

A. Whenever a developer or owner proposes to provide land or structures for the benefit of only particular home owners of a project such as usable open space and active play areas, a Homeowners Association shall be established in accordance with the following provisions.

operating under recorded land agreements through which each lot owner (and any succeeding owner) is automatically a member, and each lot is automatically subject to a charge for a proportionate share of the expenses for the organization's activities. Additionally, specific provisions shall be established, which define completely all membership requirements of all non- lot owners in the event rental units are included in the project.

2. The Homeowners Association's Declaration of Covenants, Conditions, and Resmctions shall as a minimum establish the following:

1. The Homeowners Association shall be established as an incorporated, organization

a. m- i h including the owner's easements of enjoyment and delegation of use.

b. Membership and Voting: Rights including any distinction between membership classes.

c. Covenant for Maintenance Assess merits including the creation of the lien and personal obligation of assessments, purpose of assessments, the maximum annual assessme.?Ls, special assessments for capital improvements, uniform rate of assessment, due dates, effect of non-payment of assessments, and subordination of the lien to mortgages.

d. A fi chitectur

e. Genera 1 Provisiong including enforcement, amendments, and property annexation procedures.

3. The developer or owner shall assume all responsibilities for the Homeowners Association until seventy-five percent (75%) of the dwelling sites axe sold or until such time as the Homeowner's formally assume such responsibility. Once the Homeowners Association is established, the developer or owner shall be responsible for payment of dues to the Homeowners Association for lots which he owns.

4. &ggd DeveloDmenu : If the developer or owner proposes to construct the project over a period of separate stages, the Homeowners Association shall also be staged consistent with the development time schedule.

5. &Droval: The Township Supervisors shall retain the right to review and approve the articles of incorporation and all Declarations of Covenants, Conditions, and Resmctions of the Homeowners Association. (For the sake of consistency within the Township, it is mommended that the United States Department of Housing and Urban Development, Federal Housing Administration's @e sted Legal Documents for Planned Unit Developments, FHA Form 1400 and VA Form 26-8200 be consulted.)

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E. COMMERCIAL LOTS: (Minimum requirements)

Minimum frontage 200 feet Minimum Depth 200 feet Minimum Area 40,000 sq.ft.

Set-Backs; Public or Private Streem .o.w. Front Yard 50 feet Side Yard 25 feet Rear Yard 25 feet

Set-backs for "temporary" or non-permanent buildings and mobile homes, whether for use or sale, shall be 50% of those set forth above for commercial lots.

Maximum lot coverage by impervious area, including building and parking, will be 75%.

For lot area over 40,000 square feet, the general lot configuration shall not exceed two and one- half times the frontage for the depth as a maximum factor.

For all commercial and industrial business not conducted within a residence, the general standards above shall apply.

When on-lot sewer facilities are to be utilized, the minimum lot size may be increased by the Township Sewage Enforcement Officer or the Department of Environmental Resources for factors relating to health and sanitation.

F. S OIL ANALYSIS AND PERCOLATION TESTS: For each application, a soil analysis and percolation test shall be required by the Township on each proposed lot. From the results of these tests, the lot size shall be established large enough to provide for the specified minimum area required for the absorption field as prescribed in accordance with the requhments of the Pennsylvania Department of Environmental Resources; but in no case shall the lot size be less than that set forth in Section 902 of this Ordinance.

G. LOT DESIGN: Double fronting lots shall not be permitted. Lots shall be designed to have side-lines at approximately right angles or be radial to street lines so long as reasonably shaped lots result. Lots adjoining major thoroughfares shall be accessed via a road other than the major thoroughfare.

H. HOUSENUM B E R S : House numbers may be assigned to each lot by the Township in accordance with the approved Franklin County Plan.

I. SIGNS: Any sign shall be placed so as to maintain the existing clear site distance at intersections, curves, and driveways.

SECTION 903: STREETS

A. STREET PATIERN: The arrangement, character, extent, width, grade and location of all streets shall conform to the Official Map and shall be considered in their relation to existing and planned streets, to topographical conditions, to public convenience and safety, and in their appropriate relation to the proposed uses of the land to be served by such streets.

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When the streets are not shown on the Official Map, the following design standards shall be met for the arrangement of new streets: where reasonable and practical, new streets shall be laid out to continue existing streets at no reduction in width, or when adjoining areas are not subdivided, the arrangement of streets in a subdivision or land development shall make provisions for the proper projection of streets into such adjoining areas with considerations for drainage and extensions of ' . public utilities.

B. STRE ETWIDTHS : Streets shall be designed with a minimum right-of-way of fifty (50) feet and a minimum paved cart way of twenty (20) feet in width; however, additional street width m a y be required as determined by the Township.

C. m k No alleys will be permitted by the Township under this Ordinance.

D. STREET NAMES: Continuations of existing streets shall be known by the same name; but names of other streets shall not duplicate or closely resemble names for existing streets within the community and must be approved by the County Civil Defense Office.

E. ET : Dead end streets are prohibited unless constructed as cul-de-sacs not exceeding 800 feet in length, with a turn around having a diameter of 100 feet of which a minimum of 80 feet shall be paved.

F. C-: Clear sight distance along the centerline of streets shall be maintained at not less than 250 feet. For any streets intersecting existing major streets or highways, the greater of 450 feet or PennDOTs sight distance will prevail for the respective speed limit posted.

G. _GRADES: There shall be a minimum centerline grade of 5/10th of one percent and a maximum of 10 percent.

H. " T A L S : Changes in street direction by horizontal curves shall have a minimum radius of 500 feet, measured at the centerline. Shorter radii will be permitted on the recommendation of the Township Engineer.

I. CROWNS: The slope of the crown shall be between 1/8" and 1/3" per foot as directed by the Township Engineer.

J. VERTICAL CURVES : Changes in grade shall be joined by vertical curves; and the maximum rate of change of grade shall be five ( 5 ) percent per hundred feet of road, provided that the clear sight distances specified above are maintained at all points.

K. SIDE SLOPES: Streets cuts and fills shall be provided with side slopes no steeper than one vertical to three horizontal. Such slopes shall be suitably planted with perennial grasses or other vegetation to prevent gullying and erosion.

L. JNTE RSECTIO NS: Street intersections shall be designed according to the following standards:

1. No more than two (2) streets shall cross at the same point. Street intersections shall be at right angles wherever possible, and intersections of less than sixty (60) degrees (measured at the centerlines of the streets) will not be permitted.

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2. Intersecting streets shall not enter into the same side of collector or major streets at intervals of less than eight-hundred feet (800'0''). Minor streets entering another street from opposite sides should be directly opposite each other; or, if necessary, they may be separated by at least one- hundred fifty feet (150'0") between centerlines measured along the centerlines of the cross street. Greater off-set may be required by the Township Supervisors depending on the importance of the cross street.

3. Maximum grade within any intersection shall not exceed five percent in any direction, and approaches to any intersection shall follow a straight course within one-hundred feet (1000") of the intersection.

4. Curb radii at intersections shall be according to the following schedule of minimum lengths: . Fifteen feet (15'0'') for intersections of alleys and all streets; twenty feet (200') for minor streets; and thirty feet (300") for major and collector streets. Where streets of different categories intersect, requirements for the larger radius shall hold. The minimum radius of intersecting rights- of-way lines shall be forty feet (40'0").

5. Except where buildings are permitted to front on property lines, a seventy-five foot (75'0'') clear sight triangle shall be provided, in which no building or structure, wall, fence, hedge, tree, shrub or other growth over thirty inches (30") in height shall be placed except for utility poles, light standards, street signs and fire hydrants.

judged necessary by the Township Supervisors to assure the public safety and welfare.

recommends that they be install din high density residential ares to protect pedestrians. If sidewalks are required, the pavement shall not be less that four (4) feet ir width. The Planning Commission may recommend wider pavements in high density residential and commercial areas.

met the requirements of the Township as regards both design and location.

SECTION 904: STREET AND ROAD CONSTRUCTIO N

All streets and roads to be dedicated to the Township shall be paved with the use of a motor-paver and shall meet the following minimum standards:

1. Adequate surface and subsurface drainage shall be provided in accordance with approved plans.

2. All topsoil and unsuitable material shall be removed from the area to be paved.

m. Curbs: Curbs and gutters shall be constructed for the full length of all streets as may be

n. Sidewalks: Sidewalks shall generally not be required unless the Planning Commission

0. Storm Se werapg: Provision of storm sewerage inlets, catch basins and manholes shall

A. SPECIFIC TI R TALLIN FB-1

1. There shall be installed a base to consist of six inches (6") of compacted stone, or as an alternate, four inches (4") of compacted shale and four inches (4") of compacted stone, under the paved surface of the cart way. A minimum of four inches (4") of compacted stone shall be installed in the shoulder of the road which shall extend four feet (4') on both sides of the pavement. All stone shall be 2-RC and 2-A modified. Supervisors shall approve base before FI3- 1 is applied.

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2. The bituminous binder course shall be FB- 1, a minimum compacted depth of three inches (3") using Number 57 PennDOT approved aggregate with a minimum of 5% by weight of E-5 emulsion for each ton of aggregate.

using Number 8 PennDOT approved aggregate with a minimum of 6% by weight of E-5 emulsion for each ton of aggregate.

3. The bituminous wearing course shall be FB- 1, a minimum compacted depth of one inch (1';) '.

4. The binder and wearing course shall be tightly rolled with an 8 to 12 ton roller.

5. All road oil and aggregate used shall meet Pennsylvania Department of Transportation

6. Supervisors shall reserve the right to increase the percentage of Emulsion needed based on

specifications as per (PUB No. 408,1983).

the condition of the aggregate used.

B. SPE CEICATIONS FOR USING MOTOR PAVING INSTALLING ID-2

1. There shall be installed a base to consist of six inches (6") of compacted stone or, an alternate, four inches (4") of compacted shale and four inches (4") of compacted stone under the paved surface of the cart way. A minimum of four inches (4") of compacted stone shall be installed in the shoulder of the road which shall extend four feet (4') on both sides of the pavement. All stone shall be 2-RC or 2-A modified. Supervisors shall approve base before ID-2 is applied.

2. The bituminous binder course shall meet ID-2, PennDOT standards as per Publication 408, Section 421. It shall be a minimum compacted depth of two inches (2").

3. The bituminous wearing course shall be ID-2, PennDOT standards per Publication 408, Section 420. It shall be a minimum compacted depth of one inch (1").

4. The binder and wearing course shall be tightly rolled with an 8 to 12 Ton Roller.

5. All Road Oil and Aggregate used shall meet Pennsylvania Department of Transportation

6. Where curbs are required, the pavement shall extend from curb to curb and shall not be less

specifications as per (Pub. No. 408, 1983).

than thirty-two feet (32') wide.

c. g rn M E T

adjacent subdivisions or land developments directly from a public street ordained before July lst, 198 1, shall be permitted providing no more than three (3) lots or dwelling units are serviced by such easements or private right-of-way, Furthermore, all easements or private rights-of-way shall have a minimum width of fifty (5) feet and shall be so noted on the recorded plan.

which has access provided by easements or private rights-of-way or strip of land granted in fee shall as a minimum be designed in accordance with all the provisions of Section 803 of this Ordinance.

1. Easements or private right-of-way or strips of land granted in fee providing access to

2. Any subdivision or land development of more than three (3) lots or dwelling units

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3. Dedications Whenever a subdivider or developer proposes to establish and construct a system of streets which shall be private streets, he shall submit an agreement on behalf of his heirs and assigns with the Township. Said agreement shall be subject to the Township Solicitor's approval, and shall be recorded with the subdivision plan. Said agreement shall establish the conditions under which the street or streets may later be offered for dedication to the Township and shall stipulate among other things:

A. That the street shall meet the standards cited in Section 803 (9) as certified by the Township Engineer, or that the owners of the lots along it agree to include with the offer of dedication sufficient money, as estimated by the Township Engineer, to restore the street to the standards cited in Section 803 (q).

B. That an offer to dedicate the street shall be made only for the street as a whole.

C. The method of assessing repair costs.

D. That agreement to offer the street for dedication by the owners of sixty (60%) per cent

E. All private streets shall be constructed to the current specification established by the

of the lots shall be binding on owners of the remaining lots.

Township Supervisors.

SECTION 905: STANDARDS FOR SEWER AND WATER SYSTEMS AND UTILITIES

A. Public Sewer

If a public sanitary sewer system in available within one thousand feet (1,000) of any part of the prl posed subdivision, mobile home park or land development) the subdivider or developer shall design and install a system including laterals which shall be connected to the public system and which shall serve every property within the proposed project. All plans and installations shall be subject to the rules and regulations of St. Thomas Township Municipal Authority. Where a sewer system is not yet available, but is planned for extension to the project, the subdivider or developer shall install all sewer lines, including lateral connections, necessary to provided adequate service to each lot when connection with the sewer system is made. The lines so installed shall be capped.

€3. L Percolation tests and soil analysis in accordance with the Rules and Regulations of the Pennsylvania Department of Environmental Resources shall be required for every lot. From the results of these tests, the lot size shall be established large enough to provide for the specified minimum area required for the absorption field as prescribed in accordance with the requirements of the Pennsylvania Department of Environmental Resources, but in no case shall the lot size be less than as set forth Section 802 (e). A liquid waste disposal permit shall be required for any sewage installation made in the Township regardless of the nature, lot size or classification of the real estate or system.

C. Utilities

Where common utility lines are installed in or over undedicated land, a public easement six (6) feet on each side of the line shall be required. Suitable easements may also be required along the course of streams for the future installation of sewers to serve the project. Where feasible, telephone and electric lines shall be installed below ground.

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Installation of all sewers, water mains, street lights, manholes, and other utilities, shall be in strict accordance with the engineering standards and specifications of the Township, municipal authority, or other public utility concerned.

D. Wate r SUDD ly

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 applicants shall present evidence to the planning commission that the subdivision or development is to be supplied by a certificated public utility, a bona fide cooperative association of lot owners, or by a municipal corporation, authority or utility. A copy of a Certificate of Public Convenience from the Pennsylvania Public Utility Commission or an application for such certificate, a cooperative agreement or a commitment or agreement to serve the area in question, whichever is appropriate, shall be acceptable evidence.

SECTION 906: DFUWWAY PERMIT

No driveway shall be connected to any township road without first obtaining a driveway permit for an existing lot or subdivision approval for a new lot.

In the event the driveway connects to a State road, the applicant shall follow the procedures and comply with the requirements of PennDot.

In the event the drive connects to a Township road, the applicant shall present a drawing of the lot and the proposal and/or existing structure, the proposed drive in reference to the Township road on the form prescribed by the Township. The drawing shall be accompanied by the following infomation:

- posted speed limit; - clear sight distance in either direction (which must comply with PennDot regulations, unless a lesser clear sight distance is approved by the Township Engineer which approval shall not be given unless the driveway can be used safely);

- grade of the connecting roadway at intersection with proposed drive for a distance equal to the required clear sight distance;

- the driveway shall be marked on the site by use of a survey staple, with colored ribbon attached.

All applicants shall be reviewed and granted or denied by the Township Engineer.

The cost of each driveway permit shall be $35.00.

SECTION 907: EROSION AND S EDIMENT CONTROL STANDARDS AND $PECIFICATIONS

A. The installation and design of required erosion and sediment control facilities shall be in accordance with standards and specifications contained in the Erosion and Sediment Control Handbook prepared by the Franklin County Conservation District.

B. Stream channel construction on watersheds with drainage areas in excess of three hundred twenty (320) acres, or in those cases where downstream hazards exist will conform to criteria enforced by the Division of Dams and Encroachments, Pennsylvania Department of Environmental Resources, Harrisburg, Pennsylvania, 17 120.

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SECTION908:

Land Marks: Wherever possible, subdividers or developers shall preserve trees more than six (6) inches in diameter four (4) feet above the ground, groves, waterways, scenic points, historic spots, and other community assets and landmarks.

SECTION909: M e K T I N

In the event that a mobile home is established on a residential lot an enclosure of compatible design and material shall be erected arourid the entire base of the mobile home. Such enclosure shall provide sufficient ventilation to inhibit decay and deterioration of the structure.

ARTICLE X

M M S TI

SECTION 1ooO: PROCEDURE - MOBILE HOME PARK PERMIT

A. PROCEDURE

No person, firm, or corporation shall construct, maintain, or operate a Mobile Home Park within the Township without obtaining a Mobile Home Park Permit from both the Township and the Department of Environmental Resources. The procedures for reviewing mobile home park plans shall be the same as for subdivisions and land development plans in accordance with the provisions of this Ordinance. Unless specified in this Article, the design standards and improvement requirements for mobile home parks shall be the same as for subdivision and land development projects in accordance with the provisions of this Ordinance, except as modified by this Article X.

B. PARK PE

1. The Board of Supervisors may grant a Mobile Home Park permit for a period not to exceed twelve (12) months from the date of approval of such permit which shall be renewable every .

twelve (12) months. The Board of Supervisors or its duly authorized representative shall inspect each Mobile Home Park prior to granting an annual permit for conformance with the Provisions of this Ordinance and any other applicable regulations. The permit fee shall be established by the Township Supervisors.

2. It shall be incumbent upon the Proprietor of a Mobile Home Park to keep a Egister and to report therein the name of person or head of family occupying each said mobile home, showing date of entry on said land, make and size of the mobile home, and the names of all persons living in said mobile home. Said register shall be subject to inspection periodically by the Board of Supervisors.

c. E m s I

The operators of existing Mobile Home Parks shall have six (6) months from date of enactment of this Ordinance to comply with the provisions of the Ordinance and to obtain a permit or to apply for an exception where such compliance would be an undue hardship.

SECTION 1001: PLAN REOUIREMENTS

Prior to the issuance of a Mobile Home Park Permit, plans shall be submitted to and approved by the Township in accordance with the requirements and procedures of the Ordinance regarding pre- application consultation, Preliminary Plans, and Final Record Plans,

32

SECTION 1002: APPROVAL OF SITE PLANS

1. Obiectives - In considering and acting upon Site Plans, the Planning Commission and the Board of Supervisors shall take into consideration the public health, safety and welfare, the comfort and convenience of the public in general and of the residents of the immediate neighborhood in particular, and may prescribe appropriate conditions and safeguards as may be required in order that the result of its action may , to the maximum extent possible, further the expressed intent of this ordinance, and the accomplishment of the following objectives in

* .

particular:

2. - That proposed streets are adequate in number, width, grade, alignment and visibility to ensure sage access to all areas of the site.

3. Circulation and Parking - That adequate off-street parking and loading spaces are provided to prevent parking in public streets of vehicles of any persons living at or visiting the site and that the street system provides safe access to all required off-street parking spaces.

4. LandscaDing: and Scree ning - That all service areas are reasonably screened at all seasons of the year from the view of adjacent residential lots and streets and that that general landscaping of the site is in character with that generally prevailing in the neighborhood. Existing trees over six (6) inches in diameter measured four (4) feet above the average ground level shall be retained to the maximum extent possible.

5. Illumination - that lighting from outdoor field or spot lighting and illuminated signs will be properly shielded so that such lighting will not adversely affect any abutting property or public street.

SECTION 1003: SITE PLAN ELEMENTS:

The applicant shall cause a Site Plan map to be prepared by a civil engineer, registered surveyor or architect. Site Plan elements shall include those listed below which are appropriate to the proposed development.

1. &gal Data

(a) Lot, block and section number of the property taken from the latest tax records.

(b) Name and address of the owner of record.

(c) Name and address of person, f m or organization preparing the map.

(d) Date, north point, and written and graphic scale.

(e) Sufficient description or information to define precisely the boundaries of the property. All distances shall be in feet and hundredths of a foot. All angles shall be given tot he nearest ten (10) seconds or closer. The error of closure shall not exceed one (10 in ten thousand (10,OOO).

(0 The locations, names and existing widths of adjacent streets and curb lines.

(g) The locations and owner of all adjoining lands as shown on the latest tax records.

33

. . ._ . . . I .

.. . . -

(h) Location, width and purpose of all existing and proposed easements, set-backs, reservations, and m a s dedicated to public use within or adjoining the property.

(i) A complete outline of existing deed restrictions or covenants applying to the property.

(i) Existing zoning, if any.

2. Natural Features

(a) Existing contours with intervals of five (5) feet or less, referred to a datum satisfactory to the Board.

(b) Approximate boundaries of any areas subject to flooding or storm water overflow.

(c) Location of existing watercourses, marshes, wooded areas, rock outcrops, isolated trees with a diameter of six(6) or more inches, measured four (4) feet above the average ground level, and other significant existing features.

(d) Soil percolation test results as required by the Board.

(e) Detailed soil survey map as required by the Board.

3. F-f Structures a nd Utilities on a nd within Two Hundred 200) Feet of the Si&

(a) Location of uses and outlines of structures drawn to scale.

(b) Paved areas, sidewalks and vehicular access.

(c) Location, dimensions, grades and flow direction of existing sewers, culverts, water lines as well as other underground and above ground utilities within and adjacent to the property.

(d) Other existing development, including fences, landscaping, and screening.

4. ProDosed Development

(a) The location of proposed buildings or structural improvements.

(b) The location and design of all uses not requiring structures, such as off-street parking and loading areas.

(c) The location, direction, power and time of sue for any proposed outdoor lighting or public address systems.

(d) The location and plans for any outdoor signs.

(e) The location and arrangement of proposed means of ingress and egress, including sidewalks, driveways, or other paved areas. Profiles indicating grading and cross-sections showing width of roadway, location and width of sidewalks, and location and size of water and sewer lines.

34

. . " - . . ,. . - . . .

. .. . . . .

(f) Any proposed grading, screening, and other landscaping including types and locations of proposed street trees.

(g) the location of all proposed water lines, valves and hydrants and of all sewer lines and manholes or alternate means of water supply and distribution and sewage' . disposal and treatment.

(h) An outline of any proposed deed restrictions or covenants.

(i) Any contemplated public improvements on or adjoining the property.

(j) If the Site Plan only indicates a first stage, a supplementary plan shall indicate ultimate development.

(k) Any other information deemed by the Board of Supervisors to be necessary to determine conformity of the Site Plan with the intent and regulations of this ordinance.

SECTION 1004: PARK SITE.

The park site shall be well drained and have such grades and soil as to make it suitable forth purpose intended. All such parks shall be planned as a unit and shall be located on a single tract of at least 10 acres. The area of said site shall be in single ownership or under unified control.

SECTION 1005: LOT REOUIRE MEWS

A. All lots in any Mobile home Park shall be well drained and graded to a point where mobile homes may be parked safely. In all instances as much natural vegetation as is rea:onably possible shall be preserved by any Mobile Home Park developer.

B. Individual mobile home lots located in a Mobile home Park shall contain at least six thousand (6,000) square feet of lot area and shall not be less than sixty (60) feet wide at the building setback line exclusive of easements.

C. In computing the maximum number of mobile home lots that may be created, any lands which axe located within a flood plain area, which are subject to either periodic flooding or chronic wemess, or which have a slope in excess of twenty-five (25%) per cent shall not be considered part of the total gross area.

D. All Mobile home lots shall be given street numbers and all park streets shall be given names.

SECTION 1006: YARD AND SETBACK RE OUIRE MENT S

A. All mobile homes and any mobile home park accessory or storage buildings shall be located at least thirty-five (35) feet from any street right-of-way which abuts a mobile home park boundary and at least fifty feet (50) feet from any other boundary of the park.

B. There shall be a minimum distance of twenty (20) feet between an individual mobile home and adjoining pavement of park street or common parking area or other common areas.

C. All mobile homes shall be separated form each other and from other buildings by at least twenty (20) feet.

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SECTION 1007: PARK STREET SYSTEM

A. ParkAcces - Access to Mobile Home Parks shall be designed to minimize congestion and hazard at the entrance or exit and allow free movement of traffic on adjacent streets. Each Mobile Home Park shall be provided with at least two (2) points of ingress and/or egress and a distance of at least one hundred fifty (1 50) feet shall be maintained between centerlines of access streets.

B. LotAcces - All Mobile Home Parks shall be provided with safe and convenient paved access streets to and from each and every mobile home lot.

C. Streets - All streets within any Mobile Home Park shall have a minimum right-of-way width of fifty (50) feet, and a minimum pavement width of twenty-four (24) feet with a six (6) foot stabilized should on either side. One way streets shall have a minimum right-of-way width of twenty-eight (28) feet and a minimum pavement width of twelve (12) feet with a six (6) foot stabilized shoulder. Streets shall be paved in accordance with Township specifications and shall be kept in good repair. The Township shall have no responsibility to accept any Park Streets for dedication as township roads; the owner shall have the responsibility to keep Park Streets in good repair.

D. Intersections - Not more than two (2) streets shall intersect at any point and a distance of at least one hundred fifty (150) feet shall be maintained between centerlines of offset intersecting streets.

SECTION 1008: REOUIRED OFF-STREET PARKING

A. Off-street parking areas shall be provided in all Mobile Home Parks for the use of park occupants and guest:. Such areas shall be furnished st the rate of at least two (2) vehicular parking spaces for each mobile home lot.

' B. Each off-street parking space shall contain at least two hundred (200) square feet and shall not exceed a distance of one hundred fifty (150) feet from the mobile home lot that it is intended to serve.

SECTION 1009: BUFFE R STRIPS

A suitably screened or landscaped buffer strip at least ten (10) feet wide, approved by the Commission shall be provided by the developer along all of the property and street boundary lines separating the park from adjacent owners.

SECTION 1010: SIGNS AND LIGHTING

A. Signs may be permitted subject to the approval of the Township Board of Supervisors.

B. All means of ingress and egress, walkways, streets and parking lots shall be adequately constructed, maintained and lighted at the expense of the park owner.

SECTION 101 1:

A. S- ATER: All mobile homes shall be connected to sewer and water systems approved by the Department of Environmental Resources and the Township Municipal Authority.

B. ELECTRICAL DISTRIBUTION: All mobile home parks shall have underground electrical distribution systems which shall be installed and maintained in accordance with the local electric power company's specifications regulating such system.

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C. NATURAL GAS SYSTEMS: Any natural gas system shall be installed and maintained in accordance with the regulations and specifications of the company supplying said natural gas.

D. LIOUIFIE D PETROLEUM GAS SYSTEM: Liquified petroleum gas systems provided for mobile homes, service buildings or other structures shall include the following:

1. Systems shall be provided with safety devices to relieve excessive pressures and shall be arranged so that the discharge terminates at a safe location.

2. Systems shall have at least one (1) accessible means for shutting off gas. Such means shall be located outside the mobile home and shall be maintained in effective operating condition.

3. All LPG piping outside of the mobile homes shall be well supported and protected against mechanical injury. Undiluted liquified petroleum gas in liquid form shall not be conveyed through piping equipment and systems in mobile homes.

4. Any vessel containing liquified petroleum gas shall be securely but not permanently fastened to prevent accidental overturning.

’ ..

5. No LPG vessel shall be stored or located inside or beneath any storage cabinet, carport, mobile home, or any other structure unless such installations are specifically approved by the Township.

E. FuE L OIL su PPLY SYSTEMS: All fuel oil supply systems provided for mobile homes, service buildings and other structures shall be installed and maintained in conformity with the following regulations:

but not permanently, fastened in place.

structures shall have shutoff valves located within five (5) inches of storage tanks.

(10) feet from any mobile home exit.

1. All piping from outside fuel storage tanks or cylinders to mobile homes shall be securely,

2. All fuel oil supply systems provided for mobile homes, service buildings and other

3. All fuel storage tanks or cylinders shall be securely placed and shall not be closer than ten

4. Storage tanks located in areas subject to traffic shall be protected against physical damage.

SECTION 1012: USA BLE OPEN SPACE

A. All mobile home parks provide not less than ten (10) percent of the total land area for usable open space purposes. Usable open space shall be so located as to be free of traffic hazards and should, where the topography permits, be centrally located and easily accessible to all park residents . B. Exposed ground surfaces in all parts of every park shall be paved or covered with stone screenings, and other solid material, or protected with a vegetation growth that is capable of preventing soil erosion and the emanation of dust during dry weather.

C. Park grounds shall be maintained free of vegetation growth which is poisonous or which may harbor rodents, insects, or other pests harmful to man.

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SECTION 1013: SCREENING

Screening as defined herein shall be provided by the developer along all of the property and street boundary lines separating the park from adjacent uses, excepting the public street or road.

SECTION 1014: WALKwAys

A common walk system shall be provided and maintained between locations where pedestrian traffic is concentrated. Such common walks shall have a width of four (4) feet.

SECTION 1015: ANCHORING

A. Every mobile home shall be firmly anchored to withstand a lateral wind pressure of fifteen (15)' pounds per square foot.

B. The dead load resisting moment of a mobile home shall not be less than one and one-half (1 1/2) times the overturning moment due to wind and other lateral forces. The foundation and superimposed earth loads may be included provided the anchorage is sufficient to develop these weights. The Township Engineer shall determine the sufficiency of the method of anchorage.

SECTION 1016: OTHER SITE IMPROVEMENTS

A. Each mobile home lot shall be provided with a four (4) inch concrete slab on a stable surface at least seven (7) feet by twenty-two (22) feet in size for use as terrace and so located so as to be adjoining and parallel to the mobile home. Such slab shall contain an electrical outlet to which the electrical system of the mobile home shall be connected.

B. There shall be provided in each Mobile Home Park such other improvements as the Commission may require to ensure the health, safety and welfare of the Park residents.

C. An enclosure of compatible design and material shall be erected around the entire base of each mobile home. Such enclosure shall provide sufficient ventilation to inhibit decay and deterioration of the structure.

SECTION 1017: PENALTIES

Any person, partnership, or corporation who or which being the owner or agent of the owner of any lot, tract or parcel of land shall lay out, construct, open or dedicate any smet, sanitary sewer, storm sewer, water main or other improvements for public use, travel or other purposes or for the common use of occupants of buildings abutting thereon, or who sells, transfers or agrees to enters into an agreement to sell any land in a subdivision or land development plan has been prepared in full compliance with the provisions of this ordinance and of the regulations adopted hereunder and has been recorded as provided herein, shall be guilty of a misdemeanor, and upon conviction thereof, such person, or the members of such partnership, or the officers of such corporation, or the agent of any of them, responsible for such violation pay a fine not exceeding one thousand dollars ($l,OOO.OO) per lot or parcel or per dwelling within each lot or parcel. All fines collected for such violations shall be paid over to the Township. The description by metes and bounds in the instrument of transfer or other document used in the process of selling or transferring shall not exempt the seller or transferer from such penalties or from the remedies herein provided.

ARTICLE XI

LAND DEVELOPMENTS INVO LVING SANITARY LANDFILLS OR SURFACE MINING OPERATIONS

SECTION 1100: LANDFILLS

A. All sanitary landfills and surface mining operations shall have minimum lot area of one- thousand (1OOO) acres. The area utilized for landfill operations shall have a minimum setback line of one-thousand (1OOO) feet from any street, road, vehicular or pedestrian right-of-way, adjacent property line or stream, creek, or other flowing body of water.

B. No landfill shall accept any refuse or other material which is not pre-seperated for recycling into the following categories:

1. glass; 2. aluminum; 3. recyclable paper products including newsprint, office paper and corrugated paper; 4. recyclable plastic or polystyrene products.

None of the pre-separated recyclable materials listed in items 1-4 above shall be permanently stored, buried or used as fill at any landfill, but the same shall be shipped within 30 days of receipt to a facility for recycling.

SECTION 1101: FENCING A ND VEGETATIVE SC REENI NG. *

All sanitary landfills and surface mining operations shall be enclosed by a high chain link fence and said fence shall be screened from view on all perimeters by vegetative screening. Vegetative screening shall consist of trees, a hedge, or vegetative material at least eight (8) feet in height and of a density to conceal from the view of adjacent property owners and the general public the fence enclosing the perimeter and the structure and uses on the premises.

SECTION 1102: ENVRONME NTALIMPACT

No subdivision or land development plan shall be approved for the operation of a sanitary landfill or surface mining operation in St. Thomas Township, Franklin County, Pennsylvania, if such subdivision or land development plan shall reveal that the operation of the landfill or surface mining operation is either bordered by, or has passing through it, a creek, run, stream, or other moving body of water into which drainage, surface runoff, leachate, sediment, or effluent not treated as required by applicable federal and state laws, rules and regulations will be deposited.

SECTION 1103: CON

All landfills shall be constructed so as to insure that no liquid or solid waste or product thereof shall escape from the area utilized for landfii operations for a period twenty (20) years from the time of deposit of the material on the site.

SECTION 1104: PRE-SEPARATION EOUIREMENTS

Refuse collectors operating within the township shall have the right to refuse to accept any domestic, commercial or industrial refuse not pre-separated by the customer into the recyclable categories 1-4.

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SECTION 1105: CHANGE OF TOPOG RAPHY

No landfill, surface mining operation or shale or slate excavating operation shall be permitted to permanently alter the natural grade or topography by more than +/- 20 feet.

SECTION 1106: SURF ACE RESTORATION

After the conclusion landfill or surface mining operations on a particular area, the owner or operator shall restore the surface to the same condition which existed prior to the commencement of the operation.

SECTION 1107: LIABILI" INSURANCE

The owner and/or operator of any sanitary landfU or surface mining operation shall provide evidence of liability insurance in an amount of not less than one million dollars ($l,OOO,OOO) covering damage to property and personal injury which may be caused by the operation or maintenance of the facility.

ARTICLE XJJ

T * DE P * T HIP ENGINEERING FEE

SECTION 1200: I T N DEVELOPMENT

At the time of application for subdivision approval or for approval of land development, by submission or a preliminary plan, or a final plan, for any tract of land located totally or partially within the boundaries of St. Thomas Township, the applicant shall pay to the Township, a fee, as listed below, for the cost to the Township for review of such plan and any relevant data pertaining thereto. The review fee is payable for township review and is not contingent in any way upon approval for disapproval of the plan submitted. The review fee shall cover both preliminary and final plans. The review fee shall be determined on the basis of the following schedule:

3-

First lot $50; each additional lot up to 5, $10.00 per lot; each additional lot, $5.00 per lot.

LAND D E W PMENT

$50.00 minimum fee $10.00 per acre, 1 to 10 acres inclusive; plus $5.00 per acre, 10 to 50 acres inclusive; plus $2.50 per acre, 50 to 100 acres inclusive; plus $1 .OO per acre, over one hundred acres.

In addition to the above fees, the developer shall reimburse the Township for the actual cost or legal services required in the preparation or review of documents necessary for plan approval.

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I . . . . . . . . . - - . . . . . . . . . . . . . . , . . % -

. . . . . . . - . - .

. . . . . - I

SECTION 1201: TOWNSHIP ENGINEERING FEE

Subsequent to submission of the preliminary plan, the township shall notify the applicant in writing that the applicant should file with the township a check, payable to the township, for an amount recommended by the township engineer, and approved by the township, which will be sufficient to cover the cost of (1) Reviewing the plan's engineering details. (2) Inspecting the layout of the site for conformance to the plan. (3) Reviewing the results of percolation tests. (4) Reviewing cost estimates of required improvements for bonds or other purposes. (5) Inspecting required improvements during installation. (6) Final inspection of the required improvements. (7) Review of storm water management facilities design. Fees to be charged to the applicant shall be based on the township engineer's hourly fees charged to the township, as established by resolution. The township engineering fee to be chard to the applicant shall not exceed the fee set forth in the original notice to the applicant, unless plan revisions require additional review by the township engineer. Any unexpended deposit shall be refunded to the applicant.

In the event the applicant objects to or is dissatisfied with the amount of the township engineering fee, the applicant shall forward specific written objections to the township within ten days of . receipt of demand from the township for the deposit of the township engineering fee. The township Board of Supervisors-shall review the written objections of the applicant, and forthwith, notify the applicant in writing of its determination. In the event that the township and the municipality cannot agree on the amount of review fees the applicant and township shall follow the dispute resolution procedure outlined in Section 5 10 (g) of the Municipalities Planning code.

* .

SECTION 1202: ,FR NKLIN M I I N E

Each application for subdivision or land development plan approval submitted to the township of St. Thomas shall also be accompanied b-; a check from the applicant made payable to the County Planning Commission in the amount of the fee which the commission may impose from time to time for review of plans and related documents.

A n

s s SECTION 1300: pURPOSES AND SCO PE

A. The specific purpose of these provisions is:

County's official storm water management plan, or as determined by the Township.

designated watershed in a manner consistent with the Franklin County's official storm water management plan, or as determined by St. Thomas Township, as set forth herein.

3. To protect the life and property of homeowners located downstream and out of the designated flood zone.

4. To maintain and restore the flood carrying capacity of streams.

1. To plan and manage storm water runoff in each water shed consistent with the Franklin

2. To regulate the subdivision, mobile home parks, and/or development of land within any

5. To protect and conserve groundwater and groundwater recharge area.

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6. To protect the "Water of the Commonwealth" from excessive sedimentation resulting from development of land and earthmoving activities.

B. Scope:

plan at both the preliminary and final plan submittal stage. As an integral part of the SWMP, Erosion and Sedimentation Control measures shall be included.

A Storm Water Management Plan shall be required for each subdivision or land development

SECTION 1301: A A A NT

&application Procedures:

A. Prior to the preparation of any plans, the prospective developer or subdivider shall consult any applicable County storm water management plan in conjunction with the requirements set forth in this Ordinance.

B. Prospective subdivider or developers shall consult the County Conservation District representative to determine the most effective erosion and sedimentation control measures to be utilized on the development site.

SECTION 1302: P c N T F RM ATER M " T

A. Content: The SWMP shall contain the following:

1. A general description of the proposal project.

2. Project location on a 7.5 minute USGS map or equivalent.

3. A map showing:

a. The location of the proposed subdivision and/or land development, or mobile home park

b. The one hundred (100) year flood elevation, or municipality's designated 100-year flood

c. Streams, swales, and drainage patterns both existing and proposed.

d. Project size and lot dimensions.

development.

prone area.

e. Proposed storm water management plan.

f. Areas subject to special deed restrictions affecting storm water management, and a copy of deed restrictions in form for recording.

g. Scope.

h. Contours of existing and proposed frnal development elevations at intervals of 1 foot. In

i. Locations of all buildings, roads, utility lines, structures, and culverts (existing and

areas containing steep slopes (greater than 15%), 5-fOOt contour intervals shall be used.

proposed).

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j.

k.

1.

S t o m water management control devices, both existing and proposed.

That part of the watershed up-slope of the subdivision.

The area affected down-slope of the subdivision by storm water runoff.

4. Topographic features of the site and adjacent roads that are considered to impact upon the storm water management design.

5. Runoff calculations and related design computations of the total drainage basin necessary to

6. Design and specifications of temporary and permanent storm water management facilities.

7. Staging or Implementation Schedule for constructing the proposed storm water control

8. Maintenance and Ownership provisions.

substantiate the proposed temporary and permanent storm water management facilities.

system.

33. Design Standard Computations for determining storm water runoff and for the design of storm water management facilities shall be based upon the Soil-Cover-Complex method described in TR- 55, Urban Hydrology for Small Watersheds and based upon the following standards:

1. All pre-development calculations shall be based upon existing land use features, excepting however that agricultural uses shall be categorized by the following descriptions: Cultivated Land with Conservation Treatment; Pasture, Good Condition; Meadow, Good Condition; Farmstead; Re-development stormwater runoff shall be calculated for a ten year storm event.

storm event. 2. Release rates from structures shall be based on the runoff from the ten year predevelopment

3. Storage structures shall be designed such that the post development ten year peak discharge will not exceed the predevelopment ten year peak discharge for the primary outlet structure.

4. All storage structures or facilities will be designed with emergency spillways sufficient to handle the 25-year post development storm event.

5. Culverts, pipes, and other water carrying structures shall be designed to handle the peak discharge from the ten-year post development storm event.

6. The S W shall include calculations indicating velocities of flow, grades, sizes, and capacities of water carrying structms, debris or sediment basins, and retention and detention ponds and sufficient design information to construct such facilities.

7. Storm water runoff shall be based on the following 24-hour storm events:

STORM FREQUENCY INCHES OF RAINFALL 2 years 2.9 inches 5 years 3.8 inches 10 years 4.8 inches 25 years 5.1 inches 50 years 5.9 inches 100 years 6.4 inches

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8. Maximum permitted velocities are as follows:

a. Three (3) feet per second where only sparse vegetation can be established.

b. Four (4) feet per second under normal condition where vegetation can be established by

c. Five ( 5 ) feet per second where a dense vigorous sod can be quickly established or where

d. Six (6) feet per second where well established sod is in existence.

e. For lined water carrying channels the following velocities are required:

seeding.

water can be temporarily diverted during establishment of vegetation.

aa. 6-inch rock rip-rap up to 4 feet per second bb. 9-inch rock rip-rap up to 8 feet per second cc. Asphalt up to 7 feet per second dd. Durable Bedrock up to 8 feet per second ee. 12-inch rock rip-rap up to 9 feet per second ff. Concrete or steel up to 12 feet per second gg. The normal maximum velocity of open channels

flows-shall not exceed 10 feet per second.

maximum permitted channel velocities. 9. Energy dissipaters shall be placed at the outlets of all pipes where flow velocities exceed

10. Vertical piprs, inlets and other surface water receiving structures shall be installed with

11. Storm water runoff channels shall be designed and installed to avoid trapping excess

12. The rate of runoff after development must not exceed the rate of runoff before

13. The storm water management plan must consider the management of all storm water runoff

14. All storm water runoff retention and detention controls shall be designed by an individual

trash racks which can be easily maintained.

sediment.

development.

flowing over the development site.

qualified and experienced in the design of storm water management structures.

15. Storm water roof drains and pipes may discharge water into cisterns, French drains, sheet drains or any other storm water runoff dispersion and absorption control devices, when not part of a storm water collection system.

c. En, i * Control measures shall be in accordance with the applicable standards and specifications set forth in the "Soil Erosion and Sedimentation Control'' handbook as prepared by the Franklin County Soil Conservation District.

D. Owners hip and Maintenance P r o - m : Each SWMP shall contain provisions which clearly set forth the ownership and maintenance responsibility of all permanent storm water management facilities. Including:

44

1. Description of Maintenance Requirements.

2. Establishment of suitable easements for access to all facilities.

3. Identification of the responsible party or entity for ownership and maintenance of both temporary and permanent storm water management erosion control facilities. In meeting this requirements, the following priority is herein established.

a. As a first priority, the facilities should be incorporated within individual lots so that the respective lot owners will own and be responsible for maintenance in accordance with recorded deed restrictions.

,.

b. As a second priority, in the event the first priority cannot be achieved, ownership and maintenance should be the responsibility of a Home Owners Association. The stated responsibilities of the Home Owners Association in terms of owning and rnaintaidng the storm water management facilities shall be submitted with final plans for determination of their adequacy, and upon their approval shall be recorded with the approved subdivision plan among the deed .

records of Franklin County, Pennsylvania. In addition, the approved subdivision plan and any deed written from said plan fora lot or lots shown herein shall contain a condition that it shall be mandatory for the owner or owners of said lot to be members of said Home Owners Association.

storm water management and erosion and sedimentation control structures are located for the purpose of inspecting said facilities.

following shall be provided by the applicant:

c. The Township, its agents, and employees shall have the right to enter all lands where

d Municipal Ownership. Where municipal ownership is requested by the applicant, the

aa. Easements to all facilities.

bb. A financial resource acceptable to the Township to defray 100% of the maintenance cost for a period of at least 10 years, as agreed to by the Township.

SECTION 1303: F~ R E N T

The following information shall be required as part of the fial plan:

A. All information required for the submission of the preliminary plan incorporating any changes required by this Ordinance or State Law, or made by the developer.

B. All required permits or letters stating such permits will be issued pending municipality approval from the Department of Environmental Resources, Pennsylvania Department of Transportation, Public Utility Commission, Department of Community Affairs, or other state agency, if so applicable.

C. The developer shall either have fully constructed the SWMP controls or provide a performance bond or financial guarantee for storm water management and erosion and sedimentation controls. The guarantee shall be sufficient to cover the cost of installing and repairing the controls and the secondary cost to the municipality. The financial guarantee shall be determined in accordance with Act No. 230 or 231 (as appropriate) of 1980.

D. All deed restrictions, easements and rights-of-way shall be included in the final recorded plan.

45

SECTION 1304: REVIEW FEE

The fee for review of the storm water management and the erosion and sedimentation control portions of the subdivision plan shall be governed by Article XII, Section 1201.

SECTION 1305: WAIVER OFPLANREOUIRE ME NTS

Storm water management plan shall be required for residential subdivisions or land developments which consist of 2 lots or less on 2 acres or less. Subdivisions or land developments involving only single family dwellings which consist of less than 5 lots on less than 4 acres may apply to the township engineer for a waiver of any requirement in Article XIII. The determination of the township engineer shall be based on the proposed development's likely non-compliance or compliance with the storm water management goals of this Article, and shall be final.

SECTION 1400: ENFORCEMENT

A. mventive Remedies

In addition to other remedies, the township may institute and maintain appropriate actions by law or in equity to restrain, correct or abate violations, to prevent unlawful construction, to recover damages deny the issuance of a building permit, and to prevent illegal occupancy of a building, structure or premises. The description by metes and bounds in the instrument of transfer or other documents used in the process of selling or transferring shall not exempt the seller or transferor from such penalties or form the remedies herein provided.

The Township may refuse to issue any permit or grant any approval necessary to further improve or develop any real property which has been developed or which has resulted form 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:

1. The owner of record at the time of such violation.

2. The vendee or lessee of the owner of record at the time of such violation without regard as to whether such vendee or lessee had actual or constructive knowledge of the violation.

3. The current owner of record who acquired the property subsequent to the time of violation without regard as to whether such current owner had actual or constructive howledge of the violation.

4. The vendee or lessee of the current owner of record who acquired the property subsequent to the time of violation without regard as tow whether such current owner had actual or constructive knowledge of the violation.

As an additional condition for issuance of a permit or the granting of an approval to any such owner, current owner, vendee or lessee for the development of any such real property, the township may require compliance with the conditions that would have been applicable to the property at the time the applicant acquired an interest in such real property.

46

B. E m

Any person, partnership or corporation who or which has violated the provisions of this ordinance shall, upon being found liable thereof in a civil enforcement proceeding, pay a judgment of not more than $500.00 plus all court costs, including reasonable attorney fees incurred by the township as a result thereof. No judgment shall commence or be imposed, levied or payable until he date of the determination of violation by the district justice. If the defendant neither pays nor timely appeals the judgment, the township may enforce the judgment pursuant to the applicable rule of civil procedure. Each day that a violation continues shall constitute a separate violation, unless the district justice determining that there has been a violation further determines that there was a good faith basis for the person, partnership or corporation violation the ordinance to have believed that there was no such violation, in which event there shall be deemed to have been only one such violation until the fifth day following the date of the determination of a violation by the district justice and thereafter each day that a violation continues shall constitute a separate violation.

SECTION 140 1 : APPEALS TO COU RT

The decisions of the Board of Supervisors or the Planning Commission with respect to the approval or disapproval of plans may be appealed in accordance with the law.

’ .

SECTION 1402: REPEALER

All ordinances or parts of ordinances inconsistent herewith are hereby repealed. Nothing in this ordinance hereby adopted shall be construed to affect any suit or proceeding now pending in any court or any rights accrued or liability incurred or any cause or cause of action accrued or existing under any ordinance repealed by this Ordinance. Nor shd.1 any right or remedy of any character be lost, impaired or affected by this Ordinance.

SECTION1403: S-

The provisions of this Ordinance are severable and any provision, sentence, clause, section, part of application thereof shall be held illegal, invalid or unconstitutional, such illegality or unconstitutionality shall not affect or impair any of the remaining provisions, sentences, clauses, sections or applications. It is hereby declared to be the legislative intent of the Board of Supervisors that this Ordinance would have been adopted had such illegal, invalid or unconstitutional provision, sentence, clause, section or part not been included therein and if such illegal, invalid or unconstitutional application had been specifically exempted therefrom.

In any case where a provision of this Ordinance is found to conflict with the provision of a building, fire, safety or health ordinance or code of this Municipality of law, rule or regulation of the Commonwealth of Pennsylvania, the provisions which establishes the higher standard for the promotion and protection of the health and safety of the people shall prevail. In any case where a provision of this Ordinance is found to be in conflict with the provisions of another ordinance or code of this Municipality or law, rule or regulation of the Commonwealth of Pennsylvania which establishes a lower standard for the promotion and protection of the health and safety of the people, the provisions of this Ordinance shall be deemed to prevail and such other ordinances or codes are hereby declared to be repealed to the extent that they may be found in conflict with this Ordinance.

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SECTION 1404:

This ordinance, amending the St. Thomas Township Subdivision Ordinance is Adopted this day of , 1990.

St. Thomas Township Supervisors

Attest:

Secretary

48

THE SAINT THOMAS TOWNSHIP BOARD OF SUPERVISORS will hold a Public Hearing on Monday, August 30, 1993 beglnning at 7:OO p.m. at the Municipal Building, 965 Hade Road, Chambersburg, Franklin County Pennsylvania. If you are a person with a dlsabflity and wish to attend the hearing and require aq auxiliary aid, service or other accomodatlon to participate‘ in the proceedings, please contact Mary A , Clites at 965 Hade Road, Chambersburg or call 717-369-2144 to discuss how Saint Thomas Township may best accommodate your needs.

THE PUBLIC HEARING WILL BE HELD TO receive comments and recom- mendations on the following proposed ammendments to the SAINT THOMAS TOWNSHIP SUBDIVISION AND LAND DEVELOPMENT (Ordinance #96) and the SAINT THOMAS I TOWNSHIP BUILDING PEFUIIT (Ordinance # 9 5 ) :

SAINT THOMAS TOWNSHIP, FRANKLIN COUNTY, PA ORDINANCE OF 199

AN ORDINANCE MENDING THE SAINT THOMAS TOWNS111P SUBDIVISION AND LAND DEVELOPMENT ORDINANCE.

BE IT ENACTED AND ORDAINED by the Supervisors o € S a i n t Thomas Township, Franklin County, Pennsylvania, and it i s hereby enacted and ordained by the authority of the same as €allows:

1.) The following new Subsections J and K shall be added t o Section 700: J. The subdivider or land developer shall prepare, for the use of

the Township, five ( 5 ) copies o € a €orma1 revision t o the , the Township’s oEEfcia! liquid waste disposal plan and five ( 5 ) copies of any required supporting data. A p l a n revision module established by the Department of Environmental Resources and available at the Townshlp Off’lce shall be used as t h e format for the formal revision. .No Preliminary plan shall be approved until such revision is completed and f i led in accordance with the Department o f Environmental Resources Rules and Regulations and approved by the Department o f Environmental Resources. A l l proposed subdivisions within k mile of well test sites with documented nitrate/nitrogen levels of 5 mg/l or greater will require a preliminary hydrogeologic study. No mini modules (component one) may be approved in these areas. The subdivider, or developer, must identify a suitable on-lot disposal system replacement area € o r each lot.

K. No final Act 247 approval on a subdivision o r l a n d developm’ent plan may begin until Act 537 planning is approved by the Munici- pality and the Department of Environmental Resources.

2. The Definition f o r Mobile Home f n Section 200 shall read as follows:

3 5 . Mobf le Home: A transportable, single family dwelling intended

Public Hearing Notice SubdivisionlLand Dev. and Building Permit ordinance Ammendments Page 2

€or permanent occupancy, contafned in one unit, or in two or more units designed to be joined into one integral unit capable of again being separated for repeated towing, which arrives at a site complete and ready for occupancy except for minor and incidental unpacking and assembly operations and constructed so that it may be used without a permanent foundation, excluding modular or premanufactured housing having a width of at least 20 feet.

3 . ) A new Subsection E shall be added to Section 905, The new Subsection E shall read as follows:

E. Public Water: I f a public water system is available or planned to be available within one thousand (1,000) feet of any part of the proposed subdivision or land development, the subdivide? or developer shall design and install a complete public water system including lateral Connections, which shall g i v e every lot, dwelling unit or other unit of occupancy wfthin the proposed project public water. An exception to this requirement shall be granted when a subdivision or land development creates only one additional building lot which is between 500 feet and 1000 feet from the existing or proposed water service. Such building lot shall be exempt from such service provided i t is the first lot established from the larger tract of record upon the date of the adoption o f the ordinance .

4.) Subsection A of Section 905 shall be amended to read as follows:

I€ a public Sanitary sewer system is available within one thousand (1,000) feet o f any part of the proposed subdivision, mobile home park, or land development the subdivider or developer shall design and Install a system, including laterals which shall be connected to the public system and which shall serve every property withfn the proposed project. An exemption to this requirement shall be granted when the subdivision or land development creates only one additional building lot which is between five hundred (500) feet and one thousand (1,000) feet from the existing or proposed sewer service. Safd building lot shall be exempt from such ser-gice provided i t is the first lot established from the larger tract of record upon the date oE the adoption of the amend- ment to this ordinance. All plans and installations shall be subject to the rules and regulations of Saint Thomas Township Municipal Authority. Where a sewer system is not yet available, but is planned for extension to the project, the subdivider or developer shall install all sewer lines, including lateral connections, necessary to provide adequate service to each lot when connection with the sewer system is made. The lines so installed shall be capped.

5.) ARTICLE 11, Section 200 - The definition for Land Development under Sub-section 32.1.i.b. shall be amended t 'o read specifically: The addition of an accessory building, including farm buildings, on a lot or lots subordinate to an existing, non-commercial, non-industrial, principal building, Is not considered a land development under this ordinance.

Publfc Hwrfng Notjce Oubdivi8ion/Land Dave and Building Permit Ordinance Amendments Pago 3

ARTICLE I X Section 903 - The minimum requirement €or horizontal curva radii in Section H. shall be amended to read: 150 €eet,

ARTICLE IX Section 904 - Section C. Subsection 2 , shall be amended to read: such street shall be designed in accordance with Section 903 and 904,B. o € this ordinance.

ARTICLE I X Seccfon 9 0 b - Section C. Subsection 3 . A . shall be amended to read:

Page 41 shall be amended to read: ARTICLE XIXI following Section Section 1202.

the standards cited in Section 903 and 904.8.

ARTICLE I X Section 903 - Section P shall be added to read: . Shoulders: Shoulders shall be constructed to the following minimum requirements: G (four) inches o € compacted shale and the11 2 ( t w o ) inches of 2 A modified Compacted and sealed stone and shall be 4 (four) feet wide on each side of the road. Section 9 0 2 0 D A and 902.E. shall be amended t o read llminimum lot width" in place of the term ~lfrontagell.

Section 200. The definition €or "I.ot" under sub-section 33. shall be amended by adding "Minimum lot width shall be measured at the minimum required building setback line,"

The Title to Artlcle X I 1 shall be' ame1;ded to read as follows:

TOWNSHIP - REVIEW FEE FOR SUBDIVISION AND LAND DEVELOPMENT; TOWNSfiZP PROFESSIONAL FEES

The last sentence of Section 1200 shall be deleted and a new Section 1203 shall be added as follows:

1203: OTHER PROFESSIONAL FEES

In addition to the above fees, the developer shall be responsible €or the payment of any and all other professional fees incurred by the Township concerning the approval of the developerls p.lan/plans including, but not limited to, attorney and engineering fees.

SECTION 800 Subsection A . 7 . shall be amended to'read as fallows: Notarized statement by the ownerldeveloper dedicating streets, rights- of-way and any sites for public use which are to be dedicated.'

Subsection K. shall be added to Section 800 to read as follows: Notarized certi€ication of title showing that the applicant is the owner of land, an agent of the land owner or a tenant with permission o f the landowner.

Publ-ic Hearing Not Ice SubdivisIonlLand Dev. and Building Permit Ordinance Amendments Page 4

ORDAINED AND ENACTED into an ordinance this

, 1993,

day of

ATTEST : SAINT THOMAS TOWNSHIP SUPERVISORS

BY Cha i rman

Secretary

_. Vi.ce-Cha irman

Supervisor

Public Hearing Notice ,.SubdivirLon/Land Dev, and Building Permit Ordinance Amendments P4ge 5%

SAINT THOHAS TOWNSHIP, FRANKLIN COUNTY, PA ORDINANCE OF 199

AN ORDINANCE AMENDING ORDINANCE NO. 95 OF SAINT THOMAS TOWNSHIPp FRANKLIN COUNTY, PA.

BE IT W A C T E D AND ORDAINED by the Supervlsors of Saint Thomas Township, Franklin County, Pennsylvania, and it t s hereby enacted and ordained by the authority of the same as follows:

That the Bullding Permit Ordinance, Ordinance No. 95 of Sajnt Thomas Townshjp shall be amended. A new subsection D, subsection E and subsection F shall be added to Section 2.01, The subsections are as follows:

D.

E.

F.

No building or occupancy permit shell be issued by the building permit oQficer for a new bullding which will contain' sewage generating facilities until a valid sewage permit has been obtafned from the Township's certffied sewage enforcement officer.

No building or occupancy permit shall be jssued and no work shall begin on any alteration or conversion of any exfstlng structure, i f said alteration or conversion will result in the increase or potential increase in sewage flows from the structure, until the structure's owner receives from the municipalicy's sewege enforca- ment officer either a permit €or alteration or a replacement O C the exsitfng sewage disposal' system or written notification that such a permit will not be required. The certifled sewage enforce- ment oF€lcer shall determine whether the proposed alteration or conversfon o f the structure will resutt in increased sewage flows.

Prior to the issuance of a building permit €or any s t r u c t u r e that exceeds 20 percent of the existing building's gross floor area or 1500 square feet in area, a storm water management plan shall be required to be submitted for review and approval by the Township Board of Supervisors in accordance with Article 13 of the Saint Thomas Township Land Development end Subdivision Ordinance. A waiver of this subsection shall be considered on a case-by-case basis with the applicant being required to prove any one of the following:

1. Undue hardship; or

2. Will result in no increase in stormwater runoft: from the site following the development. '

ORDAZNED AND ENACTED into an ordinance this 9 1993

day of

. ATTESTi * SAINT THOMAS TOWNSHIP SUPERVISORS

BY Secretary Chairman

Vice-chairman

Public Hearing Notice Subdivision/Land Development and Building Permit Ordinance Amendments ;Page 6

Copies of the proposed amendments are available for examination at the Township Office week days 8:30 a.m. to 4:OO p.m.

SAINT THOMAS TOWNSHIP SUPERVISORS Mary A. Clites, Secretary

TOWNSHIP O F SAINT THOMAS FRANKLIN COUNTY

COMMONWEALTH OF PENNSYLVANIA ORDINANCE NO. 126 OF 1997

AN ORDINANCE AMENDING THE SAINT THOMAS TOWNSHIP SUBDIVISION AND LAND DEVELOPMENT ORDINANCE

WHEREAS, the Saint Thomas Township Board of Supervisors desire to amend the Saint Thomas Township Subdivision and Land Development Ordinance in order to promote the public health, safety and welfare of the residents of the Township.

NOW, THEREFORE, BE I T ENACTED AND ORDAINED by the Board of Supervisors o f Saint Thomas Township pursuant to the ffPennsylvania Municipalities Planning Code", (53 F.S.810101 et seq.) as follows:

Section 1 - The Saint Thomas Township Subdivision and Land Development Ordinance contained in Chapter 73 of the "Code of the Township of Saint Thomas, Pennsylvania" is amended by the following:

A. Article XI entitled "Land Developments Involving Sanitary Landfills or Surface Mining Operations" is repealed in its entirety and in its place the following is added:

ARTICLE X I PART A

SOLID WASTE LANDFILLS

Section 73-55 General

Landfills must be located, conducted and maintained in such a manner as t o protect the environment and ensure the health, safety and welfare of the citizens of the Township of Saint Thomas. Lot size and setbacks are required to protect the citizens from nuisances such as odor and noise and to protect the aesthetic and/or property values of t h e Township. A l l landfills s h a l l have a minimum lot area of 1000 acres.

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ORDINANCE 126 SUBDIVISION/LAND DEVELOPMENT AMENDMENT

Section 73-56 Location of Landfills within the Township

(1) Landfills shall not be located in an area with soils classified by the Soil Conservation Service as prime agricultural soils.

(2) No landfill shall be located on property which has any perennial or intermittent stream, creek, run or other free flowing body of water within one thousand (1000) feet o f the boundaries of said landfill nor shall any such perennial or intermittent stream, creek, run o r other free flowing body of water run through any land upon which a landfill is proposed to be located.

( 3 ) No landfill shall be established within one thousand five hundred (1500) feet measured horizontally of any habitable dwell ing .

( 4 ) No landfill shall be established within six hundred ( 6 0 0 ) feet of any building that is currently being occupied by people for periods in excess of five ( 5 ) hours per day.

(5) No landfill shall be established within one thousand (1000) feet o f a property line.

( 6 ) No landfill shall be established within one thousand ( 1 0 0 0 ) feet of a public right-of-way. Where the right-of-way is bounded on both sides by a landfill, under single ownership, the landfill shall be set back one-thousand (1000) feet on each side of the right-of-way.

( 7 ) No landfill shall be located within fifteen hundred (1,500) feet o f any groundwater or surface water supply used for domestic use o r agricultural use.

( 8 ) No landfill shall be located within fifteen hundred (1 ,500 ) feet of any residential area having a density of one dwelling unit or more per acre.

( 9 ) No landfill shall be located within three hundred ( 3 0 0 ) feet of any wetlands which function as a groundwater recharge area.

(10) No landfill shall be located within a floodprone area. (11) No landfill shall permanently alter the natural grade or

topography by more than twenty-five (25) feet.

Section 73-57 Buffer Zones; Fencinq;Plantinq

( 1 ) Buffer Zone There shall be a two hundred (2OOff) f e e t b u f f e r z o n e

between the landfill and the adjoining properties. There shall be a buffer zone between the mitigation areas and areas where disposal processing activities actually occur and the boundary line of the landfill property of at least 10 acres on all sides.

( 2 ) Screeninq.

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ORDINANCE 126 SUBDIVISION/LAND DEVELOPMENT AMENDMENT

All landfill shall be enclosed by a chain link fence having an eight (8) foot minimum height. Said fence shall be screened from view on all sides by vegetative screening. Vegetative screening shall consist of trees, hedges, or other vegetative material at least ( 8 ' ) feet in height and of sufficient density t o conceal from the view of adjacent property owners and the general public, the fence enclosing the landfill and the structures and uses of the premises.

Section 73-58 Hours of Operation and Dirt and Debris from Trucks

(1) The landfill shall be opened, and dumping and depositing therein shall be permitted only from 7:OO a.m. to 4:30 p.m., Monday through Friday, and 7:OO a.m. to 11:OO a.m., Saturdays., However, o n Saturday immediately following a week within which a national holiday occurs, the landfill shall be allowed to remain open from 7:OO a . m . to 4:30 p.m. on that Saturday. The following are national holidays: Christmas, Easter,Thanksgiving, Fourth of July, Memorial Day, Martin Luther King Day, President's Day and Labor Day.

( 2 ) In order to prevent trucks departing the landfill from depositing dirt and debris on public roads, all access roads shall be paved with macadam one thousand (1,000) feet from the point the access road intersects with the public roads. All trucks shall be washed in such a manner to prevent debris and dirt from being deposited on public roads.

( 3 ) All landfills and expansions shall be designed with a sufficient vehicle staging area to prevent the backup of vehicles onto public roads or the shoulders of public r o a d s while waiting for access to the landfill. The staging area shall be located no l e s s than two hundred ( 2 0 0 ' ) feet from public rights-of-way. Landfill operators shall provide written instructions and directions to all persons delivering solid waste to the facility. Said written orders shall direct drivers to the appropriate route as may be determined by the Township Supervisors so a5 t o avoid adverse safety and traffic conditions and the use of r o a d s which are unsuitable for use by solid waste collection and transport vehicles.

Section 73-59 Landfill Apnlication ApDroval Reuuired

(1) No person shall start, maintain, continue to maintain O K expand, whether f o r commercial purposes or otherwise, any landfill within the Township of Saint Thomas unless such landfill has an approved landfill application from the Board of Supervisors of Saint Thomas Township. Application f o r such use approval shall be made to the Board of Supervisors of Saint Thomas Township and shall be in writing, under oath, and in the form prescribed by the Board of Supervisors.

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ORDINANCE 126 SUBDIVISION/LAND DEVELOPMENT AMENDMENT

( 2 ) Said application shall contain the following information: (a) Name of the applicant and address f o r the past five ( 5 )

years, the location o f the premises upon which the landfill is to be conducted, and the name of the owner o r owners of said property, if other than the applicant.

(b) Upon any subsequent applications, the applicant must provide a statement that during the preceding term of this approval he complied with and maintained the premises in full compliance with the provisions of this Section.

(c) Each application shall describe the premises upon which the landfill is to be established, specifying therein setback lines, structures erected thereon, any premises to be s o used, and the book and page number identifying the deed of record as recorded by the Franklin County Recorder of Deeds.

( d ) If the applicant is a partnership o r association, the applicant shall furnish the information required in Sections ( a ) and (13) above, for every member of the association or partnership. If the application is a corporation, the applicant shall furnish the information requested in Subsections (a) and (b), above, for each officer and director thereof.

(e) T h e application shall be signed by the applicant i f an individual; by a11 members if the applicant is a partnership or association; and by the president, secretary, and chairman o f the board if the applicant is a corporation.

( f ) A physical plan of the landfill drawn to scale shall be submitted with the application, including the following.

( i ) Tract metes and bounds upon which the landfill is to be maintained, the area presently in use as a landfill, arid the area f o r which a permit has been granted by the Department of Environmental Protection under the Solid Waste Management Act, as amended.

(ii 1 All perennial and intermittent streams, creeks, runs or other free-flowing bodies of water within on thousand (1000) feet o f any proposed landfill. All property lines within one thousand ( 1 0 0 0 ) feet of the landfill. All buildings and structures within o n e thousand t w o hundred ( 1 2 0 0 ) feet of the landfill. All rights-of-way within one thousand (1000) feet of the landfill. All water supplies for domestic o r agricultural use within fifteen hundred (1,500) feet of the landfill.

( i i i ) Proposed planting locations designed in compliance with Subsection 7 3 - 5 7 ( 2 ) .

(iv) Soil embankments f o r noise, dust, and visual barriers; and heights of soil mounds, including proposed soil erosion and sedimentation control which has been favorably reviewed by the Soil Conservation Service.

( V I Storm water management provisions.

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ORDINANCE 126 SUBDIVISION/LAND DEVELOPMENT AMENDMENT

(vi) Interior road pattern identifying their relation to yard operation and points o f ingress and egress onto State and Township Roads. Adequate parking and staging area for trucks.

(vii) Source of water, if plans show use of water, and location of all monitoring wells.

(g) The applicant shall also submit to the Township a site plan showing the appearance of the site following termination of any landfill activity. Such plan must show.

(i) Final Grading contours (ii) Planned ultimate use and ownership of the site after

termination of the landfill. (h) Within 6 months after termination of landfill activity at

the site the owner/operator shall restore the surface of the landfill to a same o r better condition than existed prior to the commencement of the landfill.

( i ) A separate application is required f o r each landfill and each landfill expansion.

(j) Applications (i ) The application, with the required fees, deposits,

written approvals, comments and/or recommendations, as well as other documen t s o r evidence that may be required by any Federal, State o r local board or agency shall be submitted to the Township of Saint Thomas at the Township Municipal Building during regular business hours, at least fifteen (15) calendar days prior t o the next scheduled meeting of the Saint Thomas Township Board of Supervisors.

(ii) Application shall have attached to the application form, in addition t o the aforesaid approvals, comments and recommendations of:a) Saint Thomas Township Planning Commission;b) Saint Thomas Township Zoning Hearing board;^) Saint Thomas Township Zoning 0fficer;d) Saint Thomas Township So1icitor:e) Saint Thomas Township Manager;f) Saint Thomas Township Secretary; and) Saint Thomas Township Engineer.

( i i i ) The comments and recommendations required in Subsections (i) and ( i i ) above, shall be obtained at the expense of the applicant and shall be submitted as required under Subsection 73-59(2)(j)(i)

(k) Every prospective landfill shall pay an application fee for each application. An application renewal fee shall be paid annually on the anniversary of the effective date of the initial approval. Said fees are to defray Township costs of administrating this Chapter. Said fees shall be a s established by the board o f Supervisors by resolution.

(1) Approvals shall be issued for a term of o n e (1) calendar year.

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ORDINANCE 126 SUBDIVISION/LAND DEVELOPMENT AMENDMENT

(m) The landfill may be inspected and reviewed at any time. A failure to comply with this Section can result in said approval being revoked by Saint Thornas Township.

(n) The Board of Supervisors of Saint Thomas Township, upon receipt of an application timely filed, shall schedule a public hearing. In determining whether or not to grant approval, the Board of Supervisors will consider the suitability of the proposed premises for the purpose, the character of the property adjacent thereto, the effect of the proposed use on the surrounding properties, the environment, as well as the health, welfare and safety of the citizens of the Township.

Section 73-60 EscaDe of Solid Waste

The landfill s h a l l prevent any solid waste, including the residue of said waste, from blowing, leaking or otherwise escaping from the laridfill onto any public or private property in Saint Thomas Township. In the event of a violation of this Section, in addition to any other penalties provided herein, the landfill shall remove and/or clean any such refuse within twenty-four ( 2 4 ) hours unless prevented from doing so in emergency caused by adverse weather conditions. I f landfill shall be prevented f r o m cleanup within twenty-four ( 2 4 ) hours by adverse weather conditions, landfill shall have twenty-four ( 2 4 ) hours after the weather condition is clear to correct the problem.

Section 737-6 Irisurance Reauired

1. The landfill shall provide liability insurance in the amount o f ten million ($10,000,000.00) dollars for claims of liability against the Township, the Board of Supervisors, their employees, agents, or representatives. However, the Board of Supervisors may require the amount of the liability insurance to be increased in order to prevent adverse effect upon public health and safety or public wealth and the environment while the landfill is active and after closure.

2. Any cancellation of the landfill owner’s insurance, either in part or in total shall be just cause for revocation of the approval issued under Article XI, Part A .

Section 73-62 Daily Operation/Resuonsibilitv

The landfill shall be responsible for the clean up and policing of all areas and adjacent properties to which any materials are spread by natural or artificial means from said solid waste landfill site.

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ORDINANCE 1 2 6 SUBDIVISION/LAND DEVELOPMENT AMENDMENT

Section 7 3 - 6 3 Insaection Access

( 1 ) The Township, 01 its designated agent, shall have the right to enter the landfill site for the purpose of monitoring compliance with this Section without notice during normal operational hours, and shall have the right to inspect during nonoperation hours upon twenty-four ( 2 4 ) hours advance notice to the landfill.

( 2 ) Pursuant to the Waste Planning, Recycling, and Waste Reduction Act, 5 3 P.S. Subsection 4 0 0 . 1 0 1 , et.seu., (as amended certain employees of Saint Thomas Township may be certified as municipal inspectors to ensure that solid waste landfills are in compliance with the "Solid Waste Management Act", 35 P . S . Subsection 6 0 1 8 . 1 0 1 et.sea. (as amended). Said employees are appointed and authorized tu enforce the Waste Planning, Recycling and Waste Reduction Act and regulations promulgated pursuant to said acts on behalf of Saint Thomas Township.

Sect ion 7 3 - 6 4 Enforcement

The enforcement of Article XI, Part A shall be pursuant to Article X I V et. seq. of this Chapter.

Section 7 3 - 6 5 ADDlicability of Other L a w s

If Article XI, Part A is in conflict with Solid Waste Management Act, as amended, the Waste Planning, Recycling and Waste Reduction Act, or the regulations promulgated pursuant to said Acts, then the Section or Act imposing the most stringent requirement shall apply.

Section 7 3 - 6 6 Severability

The provisions of Article XI, Part A are severable. If any paragraph, sentence or clause or part thereof shall be declared illegal, unconstitutional O K invalid by any court of competent jurisdiction, such illegality, unconstitutionality or invalidity shall not affect the remaining portions of Article XI, Part A and it hereby is declared the intention and purpose o f the Board of Supervisors that Article XI, Part A would have been enacted without such illegal, invalid o r unconstitutional provisions.

Section 7 3 - 6 7 Definitions

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ORDINANCE 1 2 6 SUBDIVISION/LAND DEVELOPMENT AMENDMENT

(1) The definitions contained in the Solid Waste Management Act, 35 P.S. Subsection 6 0 1 8 . 1 0 1 et. seq., the Waste Planning, Recycling and Waste Reduction Act, 5 3 P.S. Suhsection 4 0 0 0 . 1 0 1 et.seq., and regulations promulgated pursuant to those acts, are applicable to this Section.

(2) BOARD - The Board of Supervisors o f Saint Thomas Township. (3) PRIME AGRICULTURAL SOILS - Soils classified as prime

agricultural soils in the Comprehensive Plan form Saint Thomas Township adopted July 20, 1 9 9 4 .

( 4 ) In this Section, the singular shall include the plural, and the masculine shall include the feminine and neuter.

( 5 ) LANDFILL - A facility using land for disposing of any solid waste including residual, municipal, hazardous, demolition/construction o r special handling wastes as defined under the Solid Waste Management Act of July 7, 1 3 8 0 (P.L. 3 8 0 - 9 7 ) as amended. The facility includes land affected during the lifetime of operations, but not limited to, areas where disposal processing activities actually occur, support facilities, borrow sites, mitigation areas, offices, equipment sheds, air and water pollution control and treatment systems, access roads, associated on-site and contiguous collection, transportation and storage facilities, closure and post closure care and maintenance activities and other activities in which the natural land surface has been disturbed as a result of o r incident to operation of the facility.

( 6 ) INTERMITTENT STREAM - A body of water flowing in a channel or bed composed primarily of substrates associated with flowing water, which, during periods of the year, may be below the local watertable and obtains its flow from both surface runoff and groundwater discharges.

( 7 ) FLOOD PRONE AREA - A relatively flat or lowland area which is subject to partial or complete inundation from any adjoining or nearby intermittent or perennial stream, river, watercourse or free flowing body of water and/or any area subject t o rapid accumulation of surface water from any source.

PART B SURFACE MINING OPERATIONS

Section 7 3 - 6 8 Surface Mininq

All new surface mining operations shall comply with this Ordinance. Said operation shall be located with vehicular access over a roadway with paving, a minimum of three (3) inches thick and at least twenty ( 2 0 ) feet in width connecting said operation to a roadway classified in the Township Comprehensive Plan as an Arterial roadway, and subject to the following conditions and performance standards:

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ORDINANCE 1 2 6 SUBDIVISION/LAND DEVELOPMENT AMENDMENT

a . Surface mining operations shall include sandpits, gravel pits, shale pits, removal of topsoil or ~ o c k , or the removal of ariy natural resource or mineral from the land or ground.

b. Any person, corporation or otherwise, engaged in, or proposing to engage in, surface mining operation as defined herein, shall be properly licensed by the Pennsylvania Department of Environmental to engage in such operations.

c. Surface mining operations including the production, processing, excavation, extraction, or reclamation of natural resources , sedimentation ponds, s t ockpi 1 ing and r elated structures shall not be conducted o r erected closer than 1 0 0 feet to any property line o r outside line of right-of-way of any public highway and not closer than 300 feet to ariy occupied dwelling house, public building o r commercial o r industrial building, unless released by the owner thereof.

d. Vegetative screening shall be provided by the owner along all of the property and street boundary lines separating the operation from adjacent uses. the screening is to be in the form of vegetation and the following standards shall apply:

(1) A minimum of 3 rows of trees, shrubs, or other vegetation not less than fifty ( 5 0 % ) percent evergreen material shall be planted to produce the effective visual barricade.

( 2 ) At least 2 different species of trees, shrubs or other vegetation shall be utilized. Selected species shall exhibit different tolerances t o insect and disease.

( 3 ) Species selected must be capable of producing the effective visual barrier, ten (10) feet in height, within 5 years of planting.

( 4 ) Prompt replacement of any dead species, shall be required. ( 5 ) Earthen mounds may a l s o be used as a form of screening but

in case shall be located closer than 50 feet from a property line o r outside line of right-of-way of any public highway.

( 6 ) The requirements for vegetative screening may be waived by the Township Board of Supervisors if they deem it to be in the best interests of the residents of the Township.

e. the following security measurers shall be provided: ( 1 ) Prior to the commencement of surface mining operations, a

physical barricade shall be constructed enclosing the area actively being excavated in accordance with the following standards; FencjncJ shall be at least six ( 6 ) feet high and constructed of wire mesh fabric and barbed wire across the top. Alternative varieties of fencing may be used upon approval by the Township Board o f Supervjsors.

( 2 ) All access openings shall be provided with gates that can be locked to prevent unauthorized entry during periods of non- operation.

( 3 ) Warning signs stating the nature of the operation shall be conspicuously posted around the perimeter of the operation.

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ORDINANCE 126 SUBDIVISION/LAND DEVELOPMENT AMENDMENT

f . A site plan of the entire property, clearly and legibly drawn at a scale of 1" = 1 0 0 ' or less, shall be provided and included the following items:

(1) North arrow, scale and date. (2) Topographic contour lines. ( 3 ) All property lines including a metes and bounds

description and the size of the property expressed in acres or square feet.

( 4 ) The location of a l l existing buildings, structures, cemeteries, streets, wells and streams within 500 feet of the property proposed f o r surface mining operation.

(5) The location of the proposed surface mining operation and the staging of operations if applicable.

( 6 ) The location of proposed stockpil-es, sedimentation ponds, access roads and buildings associated with the proposed operatjon.

( 7 ) The location of security fences, gates and signs. ( 8 ) T h e location and description of required screening. (9) The location and description of all erosion and

sedimentation control measures.

g. A traffic circulation plan drawn at a suitable scale shall be provided indicating the following.

( 1 ) The location of the proposed operation with respect to

( 2 ) The proposed vehicular routing both to and from the major traffic arteries.

proposed operation.

h, An operation plan shall be provided for all surface mining operations and shall include the following.

( 1 ) Procedures to be followed f o r compliance with Section 102, Chapter 77 of the Department of Environmental Protection Rules and Regulations.

( 2 ) A schedule of operational hours provided that all required blasting shall be confined to the hours between 8 : O O a.m. and 5:OO p . m . prevailing time.

( 3 ) Procedures f o r the removal of mud o r debris on any public road resulting from the ingress o r egress of vehicular traffic f r o m the operation. Said mud or debris shall be removed at the end of each working day, or more frequently if needed during the working day.

( 4 ) Procedures for dust control shall include the following:

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ORDINANCE 126 SUBDIVISION/LAND DEVELOPMENT AMENDMENT

( a ) Access roads shall be maintained with a dustless surface from the connecting public roadway to a point within 100 feet of any loading areas.

(b) Stockpiling of any materials shall be in such a manner as to prevent dust from blowing onto adjacent properties.

( 5 ) Procedures for controlling erosion and sedimentation resulting from the proposed operation as required by the Department of Environmental Protection and consistent with erosion and sedimentation control measurers included in This Ordinance.

( 6 ) Procedures for the ultimate closing and reclamation of the proposed operation as required by the Department of Environmental Protection.

i. A maintenance bond not exceeding fifty (50%) percent of the full cost of repaving the Township roads servicing the operation, from the entry to the operation to the first utilized arterial roadway, as classified by the Township Comprehensive P l a n , under such conditions, in form and with surety as shall be approved by the Township Board of Supervisors, shall be provided by the operator. In lieu of a bond, the operator may deposit cash or securities with the Township to secure said repaving under an escrow agreement approved by the Township Solicitor and Board of Supervisors.

The amount of the bond or other guarantee shall be equal to fifty (50%) percent of the cost of the required repaving as estimated by the Township Engineer. The amount of financial security may be increased by up to an additional ten ( 1 0 % ) percent for each one-year period beyond the first anniversary date from posting of financial security. Said financial security amount shall be reviewed annually by the Township in an attempt t o determine any appropriate adjustments.

Section 73-69 Surface Restoration

After the conclusion of the surface mining operations on a particular area, the ownex/operator shall restore the surface to the same or better condition which existed p r i . o r to the commencement of the operation.

Section 73-70 Liability Insurance

If the Board of Supervisors determine that it is necessary t o protect the health, safety and welfare of the residents of the Township the owner and/or operator of any surface mining operation shall provide evidence of liability insurance in an amount of not

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ORDINANCE 1 2 6 SUBDIVISION/LAND DEVELOPMENT AMENDMENT

less than one million dollars covering damage to property and personal injury which may be caused by the operation or maintenance of the facility.

B . Subsection (A) of Section 7 3 - 2 0 entitled Preliminary Plans Specifications shall have the following number 12 added:

" ( 1 2 ) The zoning district for the subject property as established by the Township Zoning Ordinance; the location of any zoning district boundary line existing within o r along the subject property boundaries; and a statement identifying any actions taken by the Township Zoning Hearing Board granting a variance or special exception request and/or any actions taken by the B o a r d of Supervisors granting a modification of requirements from this Ordinance o r conditional use approval, relative to the subject subdivision of land development . If

C. Any reference to rear yard setbacks contained in D ( 3 ) of Section 7 3 - 2 9 shall be changed to fifteen ( 1 5 ) feet.

D. Chapter 7 3 - 2 0 entitled Preliminary Plans Specification s h a l l have the following letter L added:

"(L) The subdivider or land developer shall include the following note on his plan when any part of the subdivision and/or land development is within and/or adjacent to an established agricultural security area or agricultural preservation district:

!'This property is located in or adjacent t o an agricultural security area. Lands within these areas are used for commercial agricultural production. Owners, residents, and other users of this property may be subject to inconvenience, discomfort and the possibility of injury to property and health arising from normal and accepted agricultural practices and operations, including, but not limited to noise, odors, dust, and the operation of machinery of any kind, including aircraft, the storage and disposal of manure, the application of fertilizers, herbicides and pesticides. Owners, residents, and users of this property should h e prepared to accept these conditions and are hereby put on official notice that Section 4 of the Pennsylvania Act 1 3 3 of 1982 "The Right to Farm Law", may bar/ them from obtaining a legal judgment against such normal agricultural operations."

E . The definition for Land Development contained in Section 73-5 ( B ) shall have the following subsection ( 3 ) added:

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ORDINANCE 126 SUBDIVISION/LAND DEVELOPMENT AMENDMENT

"(3) Any new construction or expansion that creates an area of impervious material of one-half acre of more shall also be required to comply with the storm water management requirements of Chapter 73, Code of the Township of Saint Thomas. The one-half acre requirement applies to individual large projects, projects which exceed a cumulative total of one-half acre after the effective date o f this ordinance, and any projects occurring after the one-half acre level has been reached either initially o r cumulatively."

F . The definition f o r Plat contained in Section 73-5 ( B ) shall be amended to read as follows:

"Plat: T h e map or plan of a subdivision o r land development, whether preliminary or final.

G . The definition f o r Township Engineer contained in Section 73--5 ( B ) shall be amended to read as follows:

q l T ~ w r ~ ~ h i ~ Enairleer: A professional engineer licensed as such in the Commonwealth of Pennsylvania, or any other professional consultant, designated by the Board of Supervisors t o perform the duties of an engineer on behalf of the Township."

H. Article IV entitled "Minor subdivisionsqf is deleted in its entirety.

I. Section 73-12 entitled "Submission of Plans" shall read as follows:

"The subdivider or land developer shall submit to the Township Secretary all plans and documentation required as part o f This Ordinance along with a complete and signed subdivision application form at least ten (10) calendar days prior to the next regularly scheduled meeting of the Township Planning Commission. All plans, when first submitted, shall be considered Preliminary Plans with the exception of plans meeting the definition of a minor subdivision and land development plans involving no subdivision. Plans qualifying under these exceptions may be submitted initially as a Prel.iminary/Final Plan meeting the requirements of both Article VI1 IfPreliminary Plansv1 and Article VI11 "Final Record Plansvt. If the subdivider or developer makes substantial revisions to a plan after it has been approved in Preliminary form, such a revised p l a n shall be treated as a Preliminary Plan when resubmitted. Upon approval of the Preliminary Plan, the Final Plan shall be submitted by the subdivider or developer in the manner as the Preliminary Plan and the Township Secretary shall distribute the required number of copies to the appropriate agencies concerned as provided for in This Ordinance."

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ORDINANCE 126 SUBDIVISION/LAND DEVELOPMENT AMENDMENT

J. A new subsection (h) shall be added to Section 7 3 - 2 2 (C). The subsection (h) shall read as follows:

"(h) The location and description of all traffic control devices including signs and pavement markings."

K. A new subsection 11 shall be added to Section ( C ) of Section 7 3 - 2 2 . That section shall read as follows:

t t ( l l ) A certification of accuracy signed and sealed by a licensed engineer or a licensed surveyor certifying the accuracy of the survey and the plat."

L. The definition for engineer, registered as contained in subsection ( B ) of Section 7 3 - 5 is deleted in its entirety.

M. Any reference to the Department of Environmental Resources contained in Chapter 7 3 shall be amended to read "Department of En v i r onmeri t a 1 P r o t ec t i on Depar t me n t o f Env i r o nine n t a 1 Resources".

r a t her than

N. Any reference to the "Erosion and Sedimentation Control Handbook prepared by the Franklin County Soil Conservation District" contained in Chapter 7 3 shall be amended to read as follows:

"Chapter 1 0 2 and the Department of Environmental Protection's Erosion and Sediment Pollution Control Manual".

0. Subsection G of Section 7 3 - 2 9 shall be amended to read as f 0 11 ows :

' ' (9) Double frontase: Double Frontage lots are to be avoided and generally will not be permitted. Along major arterial or arterial highways, as identified in the Township Comprehensive Plan, such lots may be required in order to protect the character of the highway. In such instances, the affected lots shall be served entirely by an interior minor street within the subdivision arid shall Iiack onto the arterial highway with no highway access permitted thereon."

P. Section 7 3 - 3 7 shall be amended to read as follows: "Section 7 3 - 3 7 Procedure; Permits

A . Procedure No person, f irm o r corporation shall construct, maintain, o r

operate a Mobile Home Park within the Township without obtaining a Mobile Home Park Permit from the Township and without all required

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ORDINANCE 126 SUBDIVI SION/LAND DEVELOPMENT AMENDMENT

State licenses and permits. The procedures for reviewing Mobile Home Park plans shall be the same as for subdivisions and land development plans in accordance with the provisions of this Chapter. Unless specified in this Article, the design standards a n d approvement requirements for Mobile Home Parks shall be the same as for subdivision and land development projects in accordance with the provisions of this Chapter, except as modified by this Article X."

Q. Subsection (G) of Section 7 3 - 1 6 shall be amended to read as f 01 1 ows :

"(GI Erosion and Sedimentation Control plans and permits as required by the Department of Environmental Resources and as reviewed by the Franklin County Conservation District.!'

R. Section 7 3 - 7 1 shall be amended to read as follows:

"Section 7 3 - 7 1 . Waiver of P l a n Reuuirements

A Stormwater Management Plan shall be required for all land development and all non-residential arid non-agr icultural subdivisions. Residential subdivisions of two lots or less on two acres or more shall be exempt from the requirements of this Article. Applicants may apply to the Township engineers f o r a waiver of any requirement of this Article. the determination of the Township engineer shall be based on the proposed development's likely non-compliance or compliance with the purposes of this Article and shall be final."

S. Section 7 3 - 2 0 shall be amended by the addition of the following subsection ( L ) entitled Traffic Impact Studies:

"(L) Traffic Imuact Studies

1. Uses Requiring a Traffic Study

At the time of any required preliminary plan submittal f o r any o f the following under the Township Subdivision and Land Development Ordinance, for any of the following uses, the applicant shall submit a traffic study arid a written report, when:

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ORDINANCE 1 2 6 SIJBDIVI SION/I,AND DEVELOPMENT AMENDMENT

A. Fifty (50) or more dwelling units are proposed. B. More than 20,000 square feet of total floor area of

C. More than 30,000 square feet of total floor area of office

D. Any truck terminal, or more than 60 ,000 square feet of

E. More than 30,000 square feet of total floor area of

F. Any use or combination of uses that would generate results

G. The land development or subdivision involves a Landfill.

commercial space.

space.

total floor area of industrial space.

institutional space

greater than 1,500 trips per day.

2. Scope of Study

Such a traffic study shall meet the requirements set forth below:

A. C o s t s . The full costs oE completing the study and of a review by the Township Engineer o r other township representative shall be borne by the applicant.

B. Selection of Engineer. The Board of Supervisors shall provide a list of four or more persons or firms that are qualified traffic engineers or traffic planners. The applicant shall select one of the persons or firms from this list.

c. Study Area. Prior t o initiation of the traffic study, the traffic engineer or planner shall meet with the Board of Supervisors to establish the area to be studied. This area s h a l l be limited to streets and intersections within a maximum of one mile of the proposed project boundaries.

D. Joint Studies. Joint traffic studies between different applicants are strongly encouraged. If a recent and relevant study is available, that information may be used if applicable as a basis for this required study.

E. Fees. In place of individual traffic studies, the Board of Supervisors may require that an applicant provide a fee lieu of a study. This fee shall only be used towards the costs of traffic studies sponsored by the Township. Any such fee shall be established by resolution or ordinance of the Board of Supervisors.

F. Project Description. Any study shall include a description of the proposed development, its proposed access, and the surrounding street system. If a development is proposed to occur in stages, each stage shall be described and taken into account i n the study. If the applicant owns other lands within the study area, reasonable assumptions shall be made about how that land can be expected to be developed, and shall be taken into account.

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ORDINANCE 126 SUBDIVISION/LAND DEVELOPMENT AMENDMENT

G. Existing Traffic Conditions. The traffic volumes and service levels during the a.m. and p.m. peak hours shall be presented for all streets and intersections in the study area that can be expected to be significantly impacted. Traffic volumes shall be based upon actual counts that occurred within the prior two years and not upon State estimates. The locations of all accidents reportable to the State Police within the study area during a recent two year period shall be noted.

H. Expected Traffic Generation. The study shall include an estimate of the number of trips expected to be generated by the use and any future stages during the a.m. and p.m. peak hours. Such estimates of the Institute of Transportation Engineers, or its successor entity.

I. Projected Effects. The study shall take into account not only the use proposed by the applicant, but also other uses and developments that have received building permits or preliminary subdivision or land developments that have received building perrriits o r preliminary subdivision or land development approval from a municipality. The study shall project a.m. and p.m. peak hour traffic volumes and levels of servjce on impacted intersections and streets. If the traffic generation by the development would be more than 30 percent greater during any hour other than t h e a.m. o r p.m. peak hours on adjacent streets, the study shall analyze both the peak hours for the development and for adjacent streets. The study shall project what directions the traffic generated will head towards.

J. Levels of Service. The study shall use the description of the levels of service ( A , B , C , D , E and F ) for streets and highways established by the U.S. Department of Transportation.

K. Signal Warrants. Heavily traveled intersections at entrances to the development and other major unsignalized intersections in the study area shall be studied to determine whether a traffic signal is warranted by PennDOT criteria.

L. Needed Improvements. The study may take into account traffic improvements which are clearly funded and will occur within the next two years. The study shall include suggestions f o r how each congested o r hazardous intersection in the study area should be improved to reduce the hazard or congestion, along with a rough estimate of the cost of that improvement.

M. Applicant's Response. The applicant shall respond to the traffic study with proposals on what traffic improvements, right- of-way dedications, or commitments of financing f o r specific projects the applicant proposes to commit to resolve the negative traffic impacts of the proposed development. Such improvements or financing may be staged relative to the stages of the development. The applicant may also agree to commit towards the long-term

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ORDINANCE 126 SUBDIVISION/LAND DEVELOPMENT AMENDMENT

s u p p o r t of a program to reduce peak hour traffic by private vehicles, through programs such as van pooling, support of mass t r a n s i t or staggered work hours, i n place of certain structural improvements.

S e c t i o n 2. Severability.

If any article, section, or provision of this ordinance should be decided by the Courts to be unconstitutional or invalid, s u c h decision shall not affect the validity o f this ordinance as a whole or any part thereof other than the part so decided to be unconstitutional or invalid.

Section 3 . Repealer.

conflict herewith, are hereby repealed. All other Township ordinances, o r parts of other ordinances in

Section 4 . Effective Date . This ordinance shall become effective in accordance with law.

ENACTED by the Board of Supervisors of Saint Thomas Township at its regular meeting the 18th day of December, 1997.

ATTEST

Secretgry, Maky--k. Clites

( SEAL 1

SAINT THOMAS TOWNSHIP

chairman, Edmund G. Hera ld

//-&-i C 7 L . L Vice-chairman Robert W. Lake

Supervisor Randall Quinn

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