code of ordinances of the township of tremont …

CODE OF ORDINANCES

of the

TOWNSHIP OF TREMONT Schuylklll County, Pennsylvania

Published by Authority of the Township

P E W S VALLEY PUBLISHERS (A Division of Fry Communications, Inc.)

Mechanicsburg, Pennsylvania

OFFICIALS

of the

TOWNSHIP OF TREMONT

County of Schuylkill

Pennsylvania

ELECTED OFFICIALS

Chairman

Tax Collector

Auditors

APPOINTED OFFICIALS Manager - [Name 1 Secretary - Treasurer - Code Enforcement Officer - Solicitor - Engineer -

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C @ TER 22

SUBDIVISION AND LAND DEVELOPMENT

Part 1

Purpose and Jurisdiction

9101. Purpose of Regulations 8102. Authority 9103. Authority of Supervisors $104. County Planning Commission 9105. Short Title $106. Application of Regulations

Part 2 Procedure

9201. Preliminary Procedure 9202. Final Plan Procedure

Part 3 Plan Requirements

9301. Plan Requirements 9302. Sketch Plan (Optional) 9303. Preliminary Plan $304. Final Plan

Part 4

Design Standards

5401. Application 9402. 9403. Residential Design Standards 9404.

General Standards Applicable to All Types of Development

Commercial and Industrial Design Standards

Part 5 Required Improvements

$501. Introduction $502. Monuments 9563. Street Pavements and Curbs, and Sidewalks $504. Street Signs 9505. Water Supply 9506. Sanitary Sewer System a 9507. Storm Sewers

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I

§508. Other Utilities §509.

Final Plan Approval 5510. Release From Improvement Bond §511. Remedies to Effect Completion of Improvements

Completion of Improvements or Guarantee Thereof Prerequisite to

Part 6 Modifications

5601. Modifications 5602. Exemptions 5603. Large Scale Developments 5604. Reconsideration 5605. Procedure for Applying §606. Recording a Modification

Part 7

Definitions

5701. General Terms 5702. Definition of Terms

Part 8 Mobile Homes

5801. Other Site Improvements 5802. Minimum Lot and Area Requirements

Part 9

Administration

5901. Amendments 0902. Effect of Change in This Chapter §903. Supervisors' Record 9904. Preventive Remedies 5905. Enforcement Remedies 5906. Appeals from Supervisors 5907. Interpretation

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( 2 2 , Part 1)

Part 1 Purpose and Jurisdiction

$101. Purpose of Regulations.

1. Assisting in the orderly and efficient integration of subdivision and land development within the Township.

2. Ensuring conformance of subdivision and land development plans with public improvement plans.

3 . Ensuring coordination of intermunicipal public improvement plans and programs.

4. 5. Facilitating the efficient movement of traffic. 6. Securing equitable handling of all subdivision and land develop-

7. In general, promoting the greater health, safety, morals, and

8. Securing adequate sites for recreation, conservation, scenic and

Securing the protection of water resources and drainageways.

ment plans by providing uniform standards and procedures.

welfare of the citizens of the Township.

other open space purposes.

(A.O.

5102. Authority. The Supervisors are empowered by Act 247, the Pennsylvania Municipalities Planning Code, Article V, Section 501, as amended, t o adopt a subdivision and land development ordinance. (A.O.

§l03. Authority of Supervisors. All plans shall be submitted t o the Supervisors for approval. (A.O.

5104. County Planning Commission. All plans shall be sent to the County Planning Commission for their review prior to approval by the Township. The Township shall not approve subdivisions until a report is received from the County Planning Commission. If a report is not received within thirty (30) days from the date the application is forwarded t o the County. the Township may proceed to act without the comments of the County. The County report shall only be a recommendation to the Township, and the decision of the Township will be final. The provisions contained herein shall apply to all land within the Township limits of the Township of Tremont. (A.O.

5105. Short Title. This Chapter shall be known and may be cited as "The Subdivision and Land Development Ordinance of' the Township of Tremont." (A.O.

. §106. Application of Regulations. 1. No subdivision or land development of any lot, tract or parcel of

land, sewer, storm sewer, water main, or other improvements in connection therewith shall be laid out, constructed. opened or dedicated for public use or travel, or for the common use of occupants of buildings thereon

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( 2 2 , P a r t 1)

un le s s and u n t i l a f i n a l subdiv is ion p l a t has been approved by t h e Board of Supervisors and pub l i c ly recorded in the manner prescr ibed here in ; nor otherwise, except in s t r i c t accordance with the provis ions of t h i s Chapter.

2. No l o t i n a subd iv i s ion may be so ld ; no permit t o e r e c t OK a l t e r any bu i ld ing upon land i n a subdiv is ion o r land development may be i ssued; and, no bu i ld ing may be e rec t ed o r a l t e r e d in a subdiv is ion or land development un le s s and u n t i l a f i n a l subdiv is ion p l a t has been approved by the Board of Supervisors and recorded, and u n t i l cons t ruc t ion o r guarantee of t h e improvements requi red i n t h e manner prescr ibed here in .

( A . O .

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(22 , Part 2)

Part 2

Procedure

$201. Preliminary Plan Procedure. 1. General Procedure. The procedures established in this Part shall

apply to all subdivisions and land developments that require approval or review by the Supervisors.

The applicant may prepare a sketch plan for informal discussion with the Supervisors prior to submitting the official preliminary plan for review. Such discussion will be considered confidential between the applicant and the Supervisors.

2 . Sketch Plan.

3 . Submission of Preliminary Plan. The applicant shall submit to the TownshiD Secretarv ten (10) coDies of a preliminary plan meeting the . . . . - requirements of these regulations not less than seven (7) days prior to the regular meeting of the Supervisors.

4 . Referrals, The Township Secretary shall immediately send one (1) copy of the plan to the Supervisors, one ( 1 ) copy to the County Planning Commission. one (1) copy to the Pennsylvania Department of Transportation District Office if the subdivision will enter any existing proposed State highway, and one (1) copy to the Township Engineer.

All applications for approval of a preliminary plat shall be acted S y the Board of Supervisors and its decisions communicated to the applicant not later than ninety (90) days following the date of the regular meeting of the Board of Supervisors or the Planning Commission (whichever first reviews the application) next following the date the application is filed, provided that should the next regular meeting occur more than thirty (30) days following the filing of the application, the said ninety (90) day period shall be measured from the thirtieth day following the day the application has been filed.

A. The decision of the Board of Supervisors shall be in writing and shall be communicated to the applicant personally o r mailed t o him at his last known address not later than fifteen (15) days following the decision.

B. When the application is not approved in terms as filed 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 provisions of the statute or ordinance relied upon.

C. Failure of the Board of Supervisors to render a decision and communicate it to applicant within the time and in the manner required herein shall be deemed an approval of the application in terms as presented unless the applicant has agreed in writing to an extension of time or change in the prescribed manner of presentation of communication of the decision, in which case, failure to meet the extended

' time or change in manner of presentation of communication shall have like effect.

D. Public Hearing. Before acting on any application, the Board of Supervisors may hold a public hearing thereon after giving public notice.

5 . Action.

e

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(22 , Part 2 )

6. Effect of Approval. Approval of the preliminary plan shall constitute conditional approval of the subdivision and land development as to the character and intensity of development, general layout and approximate dimensions of streets and lots. The approval binds the applicant to the general scheme of the subdivision and land development shown; permits the applicant to proceed with the installation of site improvements subject to obtaining necessary work permits from the Township; and permits preparation of the final plan. Approval of the preliminary plan does not authorize the sale of lots nor the recording of the preliminary plan.

(A.O.

9202. Final Plan Procedure. 1 . Final Plan Submission. Within three ( 3 ) years after the approval

of the preliminary plan, the applicant must submit a final plan covering at least fifty (50%) percent of the land area of the preliminary plan. If the applicant does not submit a final plan within the three (3) year period, the approval of the preliminary plan may be voided and the plan resubmitted as a preliminary plan. The applicant shall submit ten (10) copies of the final plan and one (1) copy of required data to the Township Secretary at least seven (7) days prior to a regular meeting of the Supervisors.

2. Plan May be Submitted in Sections. The Supervisors may permit submission of the final plan in sections, each covering a portion of the proposed subdivision as shown on the preliminary plan.

3. Conformance with Preliminary Plan. The final plan shall conform in all important respects with the approved preliminary plan. Otherwise the plan submitted shall be considered as a revised preliminary plan.

4 . Improvements. No final plan shall be approved unless the applicant shall have installed all improvements required in these regulations or filed with the Township Secretary a performance guarantee to ensure installation and construction of all required improvements at the standards required.

5. Fees. - A. Review Fees.

(1) Review fees shall include the reasonable and necessary charges by the Township's professional consultants or engineer for review and report to the Township, and shall be set by resolution. Such review fees shall be reasonable and in accordance with the ordinary and customary charges by the Township engineer or consultant for similar service in the community, but in no event shall the fees exceed the rate or cost charged by the engineer or consultant to the Township when fees are not reimbursed or otherwise imposed on applicants.

(2) In the event the applicant disputes the amount of any such review fees, the applicant shall, within ten (10) days of the billing date, notify the Township that such fees are disputed, in which case the Township shall not delay or disapprove a subdivision or land development application due to the applicant's request over disputed fees.

(3) In the event that the Township and the applicant cannot agree on the amount of review fees which are reasonable and

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( 2 2 , Part 2)

necessary, then the fees shall be recalculated and recertified by another professional engineer licensed as such in this Common- wealth and chosen mutually by the Township 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 chosen, fees f o r the services of said engineer shall be paid equally by the Township and the applicant or developer. B. The final plan shall be accompanied by a fee in the amount as

established from time to time by resolution of the Board of Supervisors.

6. Action. All applications for approval of a final plat shall be acted upon by the Board of Supervisors and its decision communicated to the applicant not later than ninety (90) days following the date of the regular meeting of the Board of Supervisors or the Planning Commission (whichever first reviews the application) 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 application, the said ninety (90) day period shall be measured from the thirtieth day following the day the applicant has been filed.

A. The decision of the Board of Supervisors shall be in writing and shall be communicated to the applicant personally or mailed to him at his last known address not later than fifteen (15) days following the decision.

B. When the application is not approved in terms as filed 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 provisions of the statute or ordinance relied upon.

C. Failure of the Board of Supervisors to render a decision and communicate it to the applicant within the time and in the manner required herein shzll be deemed an approval of the application in terms as presented unless the applicant has agreed in writing to an extension of time or change in the prescribed manner of presentation of communication of the decision, in which case, failure to meet the extended time or change in manner of presentation of communication shall have like effect.

D. Public Hearing. Before acting on any application, the Board of Supervisors may hold a public hearing thereon after giving public notice.

7. Approval of Final Plan. A. When the Supervisors have approved the final plan, the

Township Secretary shall endorse two ( 2 ) copies of the final plan to that effect. One (1) copy of the endorsed final plan shall be kept in the Supervisors' files and the other returned to the applicant.

B. The Supervisors shall endorse an approved final plan as follows:

"Approved (Date) by the Supervisors. Chairman; Secretary ."

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( 2 2 , Part 2 )

8. Recording Plats and Deeds. Upon the approval of a final plat, the developer shall within

ninety (90) days of such final approval record such plat in the office of the recorder of deeds of the county in which the Township is located. The recorder of deeds shall not accept any plat for recording unless such plat officially notes the approval of the Board of Supervisors, and review by the county planning agency.

B. The recording of the plat shall not constitute grounds for assessment increases until such time as l o t s are sold or improvements are installed on the land included within the subject plat. 9. Effect of Plat Approval on Official Map. After a plat has been

approved and recorded as provided i n this Chapter, all streets and public grounds on such plat shall be, and become a part of the official map of the Township without public hearing. (A.O.

A.

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( 2 2 , Part 3)

Part 3 Plan Requirements

5301. Plan Requirements. All plans shall meet the requirements (A.O.

Q302. Sketch Plan (Optional). A sketch plan should show the following data, legibly drawn to scale, but not necessarily showing precise dimensions:

outlined in the following Sections.

A. Tract boundaries and location. B. Name of municipality. C . North point, scale, date. D. E.

Significant topography and physical features. Proposed general street and lot layout.

(A.O.

5303. Preliminary Plan. The preliminary plan shall be drawn at a scale of not more than one hundred (100) feet to the inch.

1. Information to be Shown on Preliminary Plan. The preliminary plan show:

A . Title block containing the name of the subdivision or land development, Township, owner of site, date graphic scale, name and profession of individual preparing the plan.

B. North point. C. Location map showing relation of tract to adjoining proper-

ties, existing road and highway system, existing public utilities and Township boundaries.

D. Tract boundaries showing bearings and distances. E. Names of owners of all adjoining property and the names of

all abutting subdivisions or land development. F. Contours at vertical intervals of five (5) feet and datum to

which contour elevations refer (for applications involving new roads and/or watercourses).

G. Existing watercourses and other significant natural features. H. Existing buildings, sewers, water mains. culverts, transmis-

sion lines, fire hydrants and other significant man-made features. I. All existing or recorded streets on or adjacent to the tract,

including name, right-of-way width and width of pavement.

J. Location and width of proposed streets, rights-of-way, and easements; proposed lot lines, areas to be dedicated to public use.

K. Total acreage, number of lots and existing zoning classification.

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(22, Part: 3 )

2 . Naterial to be Submitted with Preliminary Plan. The following information, data and documents shall be submitted with the preliminary plan:

A. Copies of existing or proposed deed restrictions, if any. B. Tentative cross-sections and centerline profiles for each

C. D. Drawing of present and proposed grades and facilities for

storm water drainage, sanitary sewers and water mains.

E. Sketch of entire proposed street layout where the preliminary plan covers only part of the applicant's holdings.

F. Letters from utility companies indicating approval of proposed easements or locations for utility service facilities.

G. Estimated cost of required improvements. H. Evidence that the subdivider has a current Pennsylvania

Department of Transportation Occupancy Permit for the subdivision or development abutting a State highway.

proposed street. Preliminary designs of proposed bridges or culverts.

(A.O.

5304. Final Plan. The final plan to be submitted to the Supervisors for approval and subsequent recording shall be either drawn with india ink on tracing cloth or be a transparent reproduction of the final plan with black lines on cloth or stable plastic base film. The final plan shall be at a scale of fifty ( 5 0 ) to one hundred (100) feet to the inch and shall be on a sheet no smaller than eighteen inches by twenty-two inches (18 x 22) and no longer than twenty-two inches by thirty-six (22 x 3 6 ) . If the final plan is drawn in two ( 2 ) or more sections, a key map showing the locations of the sections shall be placed on each sheet,

A. Information to be Shown on Final Plan. The final plan shall show:

(1) Title block containing the name of the subdivision or land development, Township, owner of site. date, graphic scale, name and profession of individual preparing the plan.

(2) North point.

( 3 ) Location map showing relation of tract to adjoining properties, existing road and highways system, existing public utilities and Township boundaries.

( 4 ) Tract boundaries showing bearings and distances. ( 5 ) Existing significant natural or man-made features. ( 6 ) Existing and proposed streets and lot lines with

distances and bearings of all straight lines; and radii, arcs and central angles of all curves.

(7) (8) Names, bearings and width of rights-of-Kay and

Areas to be dedicated to public use.

easements.

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(22 . Part 3)

(9) Certification, with seal, by a registered professional engineer or surveyor to the effect that the survey and map are correct, B. Material to be Submitted with Final Plan. The following

information, data and documents shall be submitted with the final plan:

(1) Corrected and updated material from the preliminary

(2)

plan. Detailed drawings and specification for:

(a) (b) Sanitary sewerage disposal system. (c) Water supply system.

All improvements in preliminary plan drawings.

( 3 ) A certificate from the subdivider, that all required improvements have been installed in accordance with specifications, or that a satisfactory performance guarantee has been filed with the Township.

( 4 ) Certificates from the Department of Environmental Resources approving applicant's public water supply and sanitary sewer system.

(5) A certificate from the Township Engineer that the improvements have been inspected and found to be installed in accordance with specifications or adequate provision for the guarantee of the installation of said required improvements in accordance with the requirements of this Chapter.

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(22, Part 4)

Part 4 Design Standards

P401. Application. The design standards and requirements outlined in this Part will be applied by the Supervisors in evaluating plans for all proposed subdivisions and land developments. (A.O.

P402. General Standards Applicable to All Types of Development. 1. Land Requirements. Land shall be suited to the purpose for which

it i s to be subdivided or developed. Land subject to periodic flooding or other hazards to life, health or property shall not be subdivided or developed for residential purposes unless adequate safeguards against such hazards are provided by the plan.

2 . Community Facilities and Comprehensive Plan Requirements. The Supervisors will consider the adequacy of the exiting or proposed community ~. facilities to serve the uses proposed~ in the application. Where a proposed park, playground, school, or other public use shown in the comprehensive plan i s located in whole or in part in a subdivision or land development, the Supervisors may require the provision or reservation of such area as may be deemed reasonable; provided, that such provision or reservation is acceptable to the Township.

A. Areas provided or reserved for such community facilities should be adequate to provide for building sites, landscaping and off-street parking as appropriate to the use proposed.

B. The layout of the proposed subdivision or land development shall be in general conformity with the features or developments proposed in the comprehensive plan.

3 . On-Lot Sewage and Water Supply. Where evidence indicates that the minimum lot size requirements specified in other Sections of this Chapter or in the Schuylkill~County Zoning Ordinance are not adequate to permit-the installation of individual on-lot water supply and/or sewage disposal facilities, the Supervisors shall request the Pennsylvania Department of Environmental Resources to make such tests as are necessary to determine the adequacy of the proposed lot size, existing grade and soil conditions. The Supervisors shall review the findings of the Department of Environ- mental Resources, and of any other competent registered engineer or authority on this matter, and shall make a final determination on the adequacy of the proposed facility.

4. Easements.

A. Easements with a minimum width of fifteen (15) feet plus the width of any required pipe or other improvements shall be provided as necessary for utilities.

B. To the fullest extent possible, easements shall be centered or adjacent to rear or side lot lines.

C. Where a subdivision or land development i s traversed by a watercourse, there shall be provided a drainage easement or right- of-way conforming substantially with the line of such watercourse and of such width as will be adequate to preserve natural drainage.

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(22. Part 4 )

D. Utilities serving the area of the proposed subdivision or development shall be consulted with respect to location, size, and use of easements for utility purposes.

5. Blocks.

with due regard to the following: A. The length, width and shape of blocks shall be determined

(1) Provision of adequate sites for buildings of the type

(2) Zoning requirements. (3) Topography. ( 4 ) Requirements for safe and convenient vehicular and

pedestrian circulation.

B. Pedestrian interior walks may be required to assist circula- t i o n or provide access to community facilities in blocks over twelve hundred (1.200) feet or to provide pedestrian walk-way continuity within a given subdivision or development. Such crosswalks shall have a width of not less than ten (10) feet and a paved walk of not less than five (5) feet. 6. Storm Drainage. Lots shall be laid out to encourage positive

drainage away from proposed building areas and wherever desirable, natural drainage courses shall be maintained.

proposed.

7. Design Standards for Streets. A. Street Right-of-way Widths. Minimum right-of-way widths for

all proposed streets shall conform to the requirements set forth in Table 1.

B. Geometric Standards. Geometric design standards for all proposed streets shall conform to the requirements set forth in Table 2.

TABLE 1

STREET RIGHT-OF-WAY WIDTHS

Type of Streets All Streets 50 ft.

Right-of-way Width (Feet)

TABLE 2

GEOMETRIC STANDARDS FOR STREETS (As set from time to time by the Supervisors)

(1) Vertical curves shall be required at changes of grade exceeding one (1%) percent and shall be designed in relation to the extent of the grade change and to provide the minimum sight distances listed above.

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(22, Part 4 )

( 2 ) Whenever street lines are deflected in excess of five ( 5 ' ) degrees, connection shall be made by horizontal curves, and a tangent shall be required between reverse horizontal curves.

Arterial streets which are State highways shall conform t o the applicable requirements of the Pennsylvania Department of Transportation.

8 . Street System Layout. A. Proposed streets shall be properly related to such street

plans o r parts thereof as have been officially prepared and adopted by the Township and they shall further conform t o such County and State road and highway plans as have been prepared, adopted and/or filed as prescribed by law.

The proposed street layout shall provide for the continuation or projection of existing streets in the surrounding area unless the Board of Supervisors deems such extension undesirable for specific reasons of topography o r design.

C. Streets shall be logically related t o the topography to produce usable l o t s and reasonable grades.

D. Local streets shall be laid out t o discourage through traffic, but provision for street connections into and from adjacent areas will generally be required.

E. Proposed streets shall be extended t o provide access t o adjoining property where necessary.

F. Adequate street rights-of-way shall be provided as necessary where lots in the proposal are large enough t o permit resubdivision, or If a portion of the tract is not subdivided.

G. New half o r partial streets will not be permitted, except where essential to reasonable subdivision of a tract in conformance with the other requirements, and standards contained herein and where, in addition, satisfactory assurance for dedication of the remaining part of the street can be secured.

H. Wherever a tract t o be subdivided borders an existing half or partial street, the other part of the street shall be plotted within such tract.

I. Dead-end streets shall be prohibited. except as stubs t o permit future street extension into adjoining tracts, or when designed as culs-de-sac t o serve residential areas.

J . New reserve strips, including those controlling access t o streets, shall be avoided. 9 . Street Intersections.

( 3 )

B.

A. Streets shall be laid out t o intersect as nearly as possible . at right angles. No street shall intersect another at an angle of less than sixty (60') degrees.

B. Multiple intersections involving junction of more than two (2) streets shall be avoided. Where this proves impossible, such

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(22 , Part 4 )

intersections shall be designed with extreme care for both pedestrian and vehicular safety.

C. Clear sight triangles of thirty (30) feet measured along street lot lines from their point of junction shall be provided at all intersections, and no building shall be permitted within such sight triangles.

D. To the fullest extent possible, intersections with major traffic streets shall be located not less than eight hundred (800) feet apart, measured from center line to center line.

E. Streets entering opposite sides of another street shall be laid out either directly opposite one another or with a minimum off-set of one hundred twenty-five ( 1 2 5 ) feet between their center lines.

F. Minimum curb radii at street intersections shall be fifteen ( 1 5 ) feet for intersecticns involving only minor streets, twenty-five ( 2 5 ) feet for intersections involving other type streets, or such greater radius as is suited to the specific intersection.

G. Minimum right-of-way radii at street intersections shall be twenty-five ( 2 5 ) feet for all intersections.

H . Where a subdivision abuts or contains an existing street of inadequate right-of-way width, additional right-of-way width in conformance with Table 1 will be required.

I. Where the grade of any street at the approach to an intersection exceeds seven (7%) percent, a leveling area shall be provided having not greater than four ( 4 % ) percent grades for a distance of twenty-five ( 2 5 ) feet measured from the nearest right-of-way line of the intersecting street.

10. Uses Fronting on Arterial Streets. A. Local Streets. Where a subdivision fronts or abuts an

arterial street as defined in definitions in this Chapter the Board of Supervisors may require any of the following measures:

(1) A local street approximately parallel to the arterial street at a distance suitable for the appropriate use of the intervening land.

( 2 ) Local streets, rear service alleys, reverse frontage lots or such other treatment as will provide protection for abutting properties, reduction in the number of intersections with the arterial street, and separation of local and through traffic. B. Controlled Access. Entrances and exists to non-residential

subdivisions and developments shall be designed so as not to interfere with through traffic. In general, entrance and exit points shall not 'be located closer to one another than fifty ( 5 0 ) feet, and when combined, shall be restricted to one (1) combined access point per one hundred ( 1 0 0 ) feet. Access points shall not exceed twenty-four ( 2 4 ) feet in width at any such point.

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( 2 2 , Part 4 )

C. Building Setback Line. Unless otherwise regulated by appropriate ordinances, non-residential structures shall be set back not less than forty ( 4 0 ) feet from the property line fronting an arterial street. Rear setback lines shall be such that no non-residential structures shall be any closer to the rear property line than twenty (20) feet.

(A.O.

5403 . Residential Design Standards. 1. A lication. All subdivisions o r land developments proposed for

residentia * use sha 1 conform to the bulk and coverage controls set forth in the Schuylkill County Zoning Ordinance.

2 . Design of Residential Lots. A. All lots shall front upon a public street, existing or

proposed. B. Side lot lines shall be substantially at right angles or

radial to street lines. C. If remnants of land exist after subdivision, they shall be

incorporated in existing or proposed lots, o r dedicated to public use, if acceptable to the Township.

D. Double frontage lots are prohibited. except where employed to prevent vehicular access to arterial streets.

E. Depth and width of parcels laid out or reserved for non- residential use shall be sufficient to provide satisfactory space for off-street parking and unloading.

3 . Residential Blocks. A. Blocks shall have a maximum length of twelve hundred (1.200)

feet. In the design of blocks longer than one thousand (1,000) feet, special consideration shall be given to the requirements of satisfactory fire protection.

B. Residential blocks shall be of sufficient depth to accom- modate two ( 2 ) tiers of lots, except where reverse frontage lots bordering an arterial street are used. 4. Cul-De-Sac Streets.

A. Cul-de-sac streets permanently designed as such shall not exceed eight hundred (800) feet in length and shall furnish access to not more than twenty (20) dwelling units. This requirement may be modified where the Supervisors determine the physical features of the site deem it necessary.

Cul-de-sac streets shall be provided at the closed end with a paved turnaround. A right-of-way of the same width as the street

. shall be carried to the property line in such a way as to permit future extension of the street into the adjoining tract.

B.

(A.O.

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( 2 2 , Part 0)

5 4 0 4 . Commercial and Industrial Design Standards. 1. Application. All commercial and industrial subdivisions and land

developments shall conform with the bulk and coverage controls as set forth in the Schuylkill County Zoning Ordinance.

2 . Street System. A . Traffic movements in and out of commercial and industria:.

areas should not interfere with external traffic, nor should it create hazards for adjacent residential areas.

B. The design of streets, service drives and pedestrian way:; should provide for safe and hazard free internal circulation. 3. Front Yard. Building setback lines shall be as specified by the

Schuylkill County Zoning Ordinance.

4 . Utilities. Where possible, commercial and industrial subdivisions and land developments should be located close to public utilities. In any case, subdivisions and land developments should be provided with such utilities as are necessary to maintain adequate health standards, and to dispose of commercial and industrial wastes. (A.O.

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( 2 2 , Part 5 )

Part 5

Required Improvements

0 5 0 1 . Introduction. Minimum improvements and construction standards required of all subdivisions and land developments shall be as set forth in this Part, and as listed in Table 3 . Where not set forth, they shall be in accordance with the prevailing standards as established by the Township Engineer. Alternate improvement standards may be permitted if the Super- visors deem them equal or superior in performance characteristics to the specified improvements. Additional or higher type improvements may be required in specific cases where the Supervisors believe it necessary to create conditions essential to the health, safety, morals and general welfare of the citizens of the Township. (A.O.

0 5 0 2 . Monuments and Markers. Monuments shall be placed so that the scored or marked point shall co-incircle exactly with the intersection of the lines to be marked, and shall be set so that the top of the monument or marker is level with the surface of the surrounding ground.

A. Monuments shall be readily visible and shall be set at the intersection of all lines forming angles in the boundary of the subdivision or land development. Monuments may be of the following two (2 ) types:

(1) Cut stones six inches by s ix inches by thirty-six inches (6 x 6 x 3 6 ) long with drill hole in the center.

( 2 ) Concrete six inches by six inches by forty-eight inches (6 x 6 x 4 8 ) long with a copper or brass pin in the center.

( 3 ) The proposed replacement of any existing monuments shall be clearly indicated on the final plan. B. Five-eighths ( 5 / 8 ) inch copperweld or three-quarters ( 3 / 4 )

inch reinforcing rod or three quarter ( 3 / 4 ) inch of pipe or iron pin markers shall be set forth at the beginning and ending of all curves along street property lines, at all points where lot lines intersect curves, either front or rear; at all angles in property lines of lots. At all corner lots, markers shall consist of steel pipe at least fifteen ( 1 5 ) inches long and not less than three-quarters ( 3 / 4 ) inch in diameter.

(A.O.

5 5 0 3 . Street Pavements and Curbs, and Sidewalks.

1. Basic Improvement Requirements. The provision of street pavement, curbs, and sidewalks on all proposed or required public'streets shall be as shown on Table 3. All streets shall be graded, surfaced, and improved to the grades and dimensions shown on plans, profiles and cross-sections submitted by the applicant and approved by the Board of Supervisors.

2 . Table 3 specifies those improvements which are the responsibility of the applicant. In the case of arterial streets the Pennsylvania Depart- ment of Transportation or the Township may provide additional improvements over and above those required to be installed by the applicant. (A.O.

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(22, Part 5 )

P504. Street Signs

1. Standards. Street signs shall be provided at the intersections of all streets. The type, height, and design shall be approved by the Board of Supervisors.

TABLE 3

BASIC IMPROVEMENT REQUIREMENTS FOR STREET PAVEMENTS, CURBS AND SIDEWALKS*

Street Classification

Arterial Collector Local Right-of-way/ Pavement Width 80136 60136 50132

Pavement Type A A A

Curb Type B B B

Sidewalk Width and Type 5lC 5lC 41c

Footnote: * The letters in the Table (A-C) refer to the following proposed construction standards of the Township Engineer.

A. Street Pavements. Two and one-half ( 2 112) inches of ID-2 surface course placed over a stone base course. both in accordance with the latest specifications of the Pennsylvania Department of Transportation. The thickness of the stone base course shall be ten (10) inches for arterial streets, eight (8) inches for collector streets and s i x (6) inches for local streets. Bituminous aggregate is an acceptable equivalent as noted in the latest Pennsylvania Depart- ment of Transportation manual.

B. Curb Type. Portland cement concrete curb; s ix (6) inches at the top, eight (8) inches at the bottom and twenty-one (21) inches in height. Concrete machine asphalt is an acceptable substitute.

C. Sidewalks. Concrete sidewalks, four (4) inches in thickness minimum PSI of two thousand five hundred (2,500) placed on four (4) inch cinder or crushed stone base.

( A . O .

§505. Water Supply. 1. Provisions of Water Supply. Where public water supply, in the

opinion of the Supervisors, is reasonably accessible, the subdivision or land development shall be provided with a complete water distribution system connection for each lot and appropriately spaced fire hydrants which shall 'not be greater than one thousand (1.000) feet apart. Where public water supply i s not reasonably accessible, on-lot systems, approved by the Pennsylvania Department of Environmental Resources, shall be furnished.

If water is to be provided by means other than private wells owned and maintained by the individual owners of lots within the subdivision or

2 .

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t development, applicants shall present evidence to the Board of Supervisors that the subdivision is to be supplied by a certified public utility, a bona fide cooperative association of lot owners, or by a municipal corporation, authority o r 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.

3 . Location of Water Lines. Where public water lines are installed, all such water lines shall be located between the curb line and the property line within any street right-of-way.

(A.O.

§506. Sanitary Sewer System. 1. Public Sewer System. Where the public sanitary sewer in the

opinion of the Supervisors, is reasonably accessible, sanitary sewer shall be installed t o adequately serve all lots with connections to the public system. The public sewer system shall conform with the following: where lots cannot be served by the extension of an existing public sanitary sewer, the subdivider shall conform to the Schuylkill County Zoning Ordinance.

2 . Residential Lot Sizes. Lot dimensions, areas, yards and building set-back lines shall be not less than specified by the provisions of the Schuylkill County Zoning Ordinance.

3 . Capped Sewers. Where the Township has a plan for extending the public sanitary sewer system into an area that is being subdivided, and it is reasonably expected that the area will be served by the public system within a period of five (5) years, capped sewers shall be installed to adequately serve all lots in the proposed subdivision as well as provisions set forth in §506(1) above.

4. Type of Sewer System. No combined sanitary and storm water sewer system will be permitted.

5. Manholes. Sanitary and storm sewer manholes will be provided at all changes in grade and direction and in no instance shall the distance between said manholes exceed four hundred (400) feet. (A.O.

5507. Storm Sewers. 1. Provision of Storm Sewers. Storm sewers shall be installed when,

in the opinion of the Supervisors, it is deemed necessary to provide adequate drainage for the subdivision.

2 . Purpose of Storm Sewers. When storm sewers, culverts, and related installations are provided, they shall be designed:

To permit unimpeded flow of natural water courses. A .

B. To insure adequate drainage of all low points along the line of streets.

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C. To intercept storm water run-off along streets at intervals reasonably related to the extent and grade of the area drained, and at all intersecting streets.

3 . Special Problems. In the design of storm wster installations, special consideration shall be given to avoidance of problems which may arise from concentration of storm water run-off over adjacent propertief.

4 . Construction Standards. All drainage structures, culverts, boxes, grates, etc., shall conform to the current specifications of the Pennsyl- vania Department of Transportation, as approved by the Township Engineer. (A.O.

8508. Other Utilities. 1. Power, Telephone and Television Community Antenna Lines. All

subdivisions shall have easements provided for the installation of power and telephone utility lines to serve each and every lot, and provisions shall be made, when necessary, for the location of the television community antenna lines to be installed in said easements.

2 . Gas Transmission Lines. When any applicant proposes to provide gas transmission lines within a subdivision, said gas transmission lines shall be installed between the curb line and sidewalk.

3 . Utilities Consultation. Utilities serving the area of the proposed subdivision or land development shall be consulted with respect to location, size, and use of easements for utility purposes.

(A.O.

$509. Completion of Improvements or Guarantee Thereof Prerequisite to Final Plat Approval.

1. No plat shall be finally approved unless the streets shown on such plat have been improved to a mud-free or otherwise permanently passable condition, or improved as may be otherwise required by this Chapter and any walkways, curbs, gutters, street lights, fire hydrants. shade trees, water mains,, sanitary sewers, storm sewers and other improvements as may be required by this Chapter have been installed in accordance with this Chapter. In lieu of the completion of any improvements required as a condition for the final approval of a plat, including improvements or fees otherwise required by this Chapter, the developer may deposit with the Township financial security in an amount sufficient to cover the costs of such improvements or common amenities including basins and other related drainage facilities, recreational facilities, open space improvements, or buffer or screen plantings which may be required.

When requested by the developer, in order to facilitate financing, the Board of Supervisors, 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 ninety (90) days unless a written exten-

2 .

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sion is granted by the Board of Supervisors; such extension shall not be unreasonably withheld and shall be placed in writing at the request of the developer.

3 . Without limitation as to other types of financial security which the Township may approve, which approval shall not be unreasonably withheld, Federal or Commonwealth chartered lending institution irrevocable letters of credit and restrictive or escrow accounts in such lending institutions shall be deemed acceptable financial security for the purposes of this Section.

4 . Such financial security shall be posted with a bonding company or Federal or Commonwealth chartered lending institution chosen by the party posting the financial security, provided said bonding company or lending institution is authorized to conduct such business within the Commonwealth.

5. Such bond, or other security shall provide 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.

6 . The amount of financial security to be posted for the completion of the required improvements shall be equal to one hundred ten (11OZ) percent of the cost of completion estimated as of ninety (90) days following the date scheduled for completion by the developer. Annually, the Township may 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 ninetieth (90th) day after either the original date scheduled for completion or a rescheduled date of completion. Subsequent to said ad- justment, the Township may require the developer to post additional security in order to assure that the financial security equals said one hundred ten (110%) percent. Any additional security shall be posted by the developer in accordance with this subsection.

7. The amount of financial security required shall be based upon an estimate of the cost of completion of the required improvements, submitted by the 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 the Township engineer, may refuse to accept such estimate for good cause shown. If the applicant or developer and the Township 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 Township and the applicant or developer. The estimate certified by the third (3rd) engineer shall be presumed fair and reasonable and shall be the final estimate. In the event that a third (3rd) engineer is so chosen, fees for the services of said engineer shall be paid equally by the Township and the applicant or developer.

8. If the party posting the financial security requires more than one (1) year from the date of posting of the financial security to complete the required improvements, the amount of financial security may be increased by an additional ten ( lox) percent for each one (1) year period beyond the first anniversary date from posting of financial security or to an amount not exceeding one hundred ten (110%) percent of the cost of completing the

a

e

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required improvements as reestablished on or about the expiration of the preceding one ( 1 ) year period by using the above bidding procedure,

In the case where development is projected over a period of years, the Board of Supervisors may authorize submission of final plats by sec- t i o n s or stages of development subject to such requirements or guarantees as to improvements in future sections or stages of development as it finds essential for the protection of any finally approved section of the development.

10. As the work of installing the required improvements proceeds, the party posting the financial security may request the Township Supervisors to release or authorize the release, from time to time, of such portions of the financial security necessary for payment to the contractor or contrac- tors performing the work. Any such requests shall be in writing addressed to the Board of Supervisors, and the Board of Supervisors shall have forty-five ( 4 5 ) days from receipt of such request within which to allow the Township engineer to certify, in writing, to the Township that such portion of the work upon the improvements has been completed in accordance with the approved plat. Upon such certification the Board of Supervisors shall authorize release by the bonding company or lending institution of an amount as estimated by the Township engineer fairly representing the value of the improvements completed or, if the Board of Supervisors fails to act within said forty-five ( 4 5 ) day period, the Board of Supervisors shall be deemed to have approved the release of 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 ten (10%) percent of the estimated cost of the aforesaid improvements.

11. Where the Board of Supervisors accepts dedication of all or some of the required improvements following completion, the Board of Supervisors may require the posting of financial security to secure structural integ- rity of said improvements as well as the functioning of said improvements in accordance with the design and specifications as depicted on the final plat for a term not to exceed eighteen (18) months from the date of acceptance of dedication. Said financial security shall be of the same type as otherwise required in this Section with regard to installation of such improvements, and the amount of the financial security shall not exceed fifteen (15%) percent of the actual cost of installation of said improvements.

12. 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 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 as otherwise required by this Section.

If financial security has been provided in lieu of the completion of improvements required as a condition for the final approval of a plat as set forth in this Section, the Township shall not condition the issuance of building, grading or other permits relating to the erection or placement of improvements, including buildings, upon the lots or land as depicted upon the final plat upon actual completion of the improvements depicted upon the

9 .

13.

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approved final plat. Moreover, if said financial security has been provided, occupancy permits for any building or buildings to be erected shall not be withheld following the. improvement of the streets providing access to and from existing public roads to such building or buildings to a mud-free or otherwise permanently passable condition, as well as the completion of all other improvements as depicted upon the approved plat, either upon the lot or lots or beyond the lot or lots in question if such improvements are necessary for the reasonable use of or occupancy of the building or buildings. (A .O.

S510. Release from Improvement Bond. 1. When the developer has completed all of the necessary and appro-

priate improvements, the developer shall notify the Board of Supervisors, in writing, by certified or registered mail, of the completion of the aforesaid improvements and shall send a copy thereof to the Township engineer. The Board of Supervisors shall, within ten (10) days after receipt of such notice, direct and authorize the Township engineer to inspect all of the aforesaid improvements. The Township engineer shall, thereupon, file a report in writing, with the Board of Supervisors, and shall promptly mail a copy of the same to the developer by certified or registered mail. The report shall be made and mailed within thirty (30) days after receipt by the Township engineer of the aforesaid authorization from the Board of Supervisors; said report shall be detailed and shall indicate approval or rejection of said improvements, either in whole or in part, and if said improvements, or any portion thereof, shall not be approved or shall be rejected by the Township engineer, said report shall contain a statement of reasons for such non-approval or rejection.

2 . The Board of Supervisors shall notify the developer, within fifteen (15) days of receipt of the engineer's report, in writing by certified or registered mail of the action of said Board of Supervisors with relation thereto.

3 . If the Board of Supervisors or the Township engineer fails to comply with the time limitation provisions contained herein, all improvements will be deemed to have been approved and the developer shall be released from all liability, pursuant to its performance guaranty bond or other security agreement.

4 . If any portion of the said improvements shall not be approved or shall be rejected by the Board of Supervisors, the developer shall proceed to complete the same and, upon completion, the same procedure of notifica- tion, as outlined herein, shall be followed.

5. Nothing herein, however, shall be construed in limitation of the developer's right to contest or question by legal proceedings or otherwise, any determination of the Board of Supervisors or the Township engineer.

6. Where herein reference is made to the Township engineer, he shall be 'as a consultant thereto.

7. The applicant or developer shall reimburse the Township for the reasonable and necessary expense incurred for the inspection of improvements according to a schedule of fees adopted by resolution of the Board of Supervisors and as from time to time amended. Such expense shall be

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reasonable and in accordance with the ordinary and customary fees charged by the Township engineer or consultant for work performed for similar services in the community, but in no event shall the fees exceed the rate or cost charged by the engineer or consultant to the Township when fees are not reimbursed or otherwise imposed on applicants.

A. In the event the applicant disputes the amount of any such expense in connection with the inspection of improvements, the applicant shall, within ten (10) working days of the date of billing, notify the Township that such expenses are disputed as unreasonable or unnecessary, in which case the Township shall not delay or disapprove a subdivision or land development application or any approval or permit related to development due to the applicant's request over disputed engineer expenses.

B. If, within twenty (20) days from the date of billing, the Township and the applicant cannot agree on the amount of expenses which are reasonable and necessary, then the applicant and the Town- ship shall jointly, by mutual agreement, appoint another professional engineer licensed as such in the Commonwealth of Pennsylvania to review the said expenses and make a determination as to the amount thereof which is reasonable and necessary.

C. The professional engineer so appointed shall hear such evidence and review such documentation as the professional engineer in his or her sole opinion deems necessary and render a decision within fifty (50) days of the billing date. The applicant shall be required to pay the entire amount determined in the decision immediately.

D. In the event that the Township and applicant cannot agree upon the professional engineer to be appointed within twenty (20) days of the billing date, then, upon application of either party, the President Judge of the Court of Common Pleas of the judicial district in which the Township is located (or if at the time there be no President Judge, then the senior active judge then sitting) shall appoint such engineer, who, in that case, shall be neither the Town- ship engineer nor any professional engineer who has been retained by, or performed services for, the Township or the applicant within the preceding five (5) years.

E. The fee of the appointed professional engineer for determining the reasonable and necessary expenses shall be paid by the applicant if the amount of payment required in the decision is equal to or greater than the original bill. If the amount of payment required in the decision is less than the original bill by one thousand ($1,000) dollars or more, the Township shall pay the fee of the professional engineer, but otherwise the Township and the applicant shall each pay one-half (4) of the fee of the appointed professional engineer.

(A.O.

$511. Remedies to Effect Completion of Improvements. In the event that any improvements which may be required have not been installed as provided in this Chapter or in accord with the approved final plat the Board of Supervisors is hereby granted the power to enforce any corporate bond, or other security by appropriate legal and equitable remedies. If the proceeds of such bond, or other security are insufficient to pay the

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cost of installing or making repairs or corrections to all the improvements covered by said security, the Board of Supervisors may, at its option, install part of such improvements in all or part of the subdivision or land development and may institute appropriate legal or equitable action to recover the moneys necessary to complete the remainder of the improvements. A l l of the proceeds, whether resulting from the security or from any legal or equitable action brought against the developer, or both, shall be used solely for the installation of the improvements covered by such security, and not for any other Township purpose. (A.O.

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Part 6 Modifications

8601. Modifications. 1. The Board of Supervisors may grant a modification of the require-

ments of one (1) or more provisions of this Chapter 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 this Chapter is observed.

2 . A l l 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 this Chapter involved and the minimum modification necessary.

3 . The request for modification shall be referred to the County Planning Commission for advisory comments.

4 . The Board of Supervisors shall keep a written record of all action on all requests for modifications. ( A . O .

8602. Exemptions. The following are exempt or partially exempt from

The conversion of an existing single-family detached dwelling or single family semi-detached dwelling into not more than three ( 3 ) 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 9

C. The addition or conversion of buildings or rides within the confines of an enterprise which would be considered an amusement park. For the purposes of this subsection, 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.

the provisions of this Chapter:

A .

(A .O.

8603. Large Scale Developments. The standards and requirements of this Chapter may be modified by the Supervisors in the case of plans for complete communities or neighborhood units or other large scale developments which, in the judgment of the Supervisors, achieve substantially the objectives of the regulations contained herein and which are further protected by such covenants or other legal provisions as will assure conformity to and achievement of the plan. (A .O.

5604. Reconsideration. Any applicant aggrieved by a finding, decision or recommendation of the Supervisors may request and receive oppor-

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tunity to appear before the Supervisors, present additional relevant information, and request reconsideration of the original finding, decision, or recommmdation. (A.O.

5605. Procedure for Applying. 1.

A. Applications for modifications shall be submitted in writing by the subdivider at the time the preliminary plan is filed with the Supervisors. The application shall state fully the grounds and all the facts relied upon by the applicant.

B. Applications for reconsideration shall be submitted in writing by the subdivider not less than ten (10) calendar days in advance of the meeting at which reconsideration is desired.

Application to be Submitted in Writing.

(A.O.

9606. Recording a Modification. I n granting a modification, the Supervisors shall record its actions and the grounds for granting the modification in its minutes. A statement showing the date that such variance was granted shall be affixed to the final plan. (A.O.

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Part 7 Definitions

9701. General Terms. As used in this Chapter, words in the singular include the ulural and those in the plural include the singular. The word person" includes a corporation, unincorporated association and a partnership, as well as an individual. The word "building" includes structure and shall be construed as if followed by the phrase "or part thereof." The word "street" includes avenue, boulevard, court, expressway, highway, land, arterial, and road. The word "watercourse" includes channel, creek, ditch, drain, dry run, spring, and stream. The word "may" is permissive; the words "shall" and "will" are mandatory; subject, however, to the provisions of §601(1) hereof. (A.O.

I,

§702. Definitions of Terms. As used in this Chapter, the following terms shall be defined as follows:

APPLICATION FOR DEVELOPMENT - every application, whether preliminary, tentative or final required to be filed and approved prior to start of construction or development including but not limited to an application for a building permit, for the approval of a subdivision plat or plan or for the approval of a development plan.

BLOCK - an area bounded by streets. CLEAR SIGHT TRIANGLE - an area of unobstructed vision at street

intersections defined by lines of sight between points at a given distance from the intersection of street right-of-way lines.

COMMON OPEN SPACE - 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 a development, not including streets, off-street parking areas, and areas set aside for public facilities.

CUL-DE-SAC - a minor street intersecting another street at one (1) end and terminated at the other by a vehicular turnaround.

DEDICATION - the deliberate appropriation of land by its owner for any general and public use, reserving to himself no other rights than such as are compatible with the full exercise and enjoyment of the public uses to which the property has been devoted.

DEVELOPER - any landowner, agent of such landowner, or tenant with the permission of such landowner, who makes or causes to be made a subdivision of land or a land development.

DEVELOPMENT 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 development plan" when used in this Chapter shall mean the written and graphic materi- als referred to in this definition.

EASEMENT - a right-of-way granted for limited use of private land for a public or quasi-public purpose.

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HALF or PARTIAL STREET - a street, generally parallel and adjacent to a property line, having a lesser right-of-way width than normally required for satisfactory improvement and use of the street.

INTERIOR WALK - a right-of-way for pedestrian use extending from a street into a block or across a block to another street.

LAND DEVELOPMENT - any of the following activities:

lots, tracts or parcels of land for any purpose involving: A. The improvement of one (1) lot or two ( 2 ) or more contiguous

(1) A group of two ( 2 ) or more residential or nonresidential buildings, whether proposed initially or cumulatively, or a single nonresidential building on a lot or lots regardless of the number of occupants or tenure; or,

( 2 ) The division or allocation of land or space, whether initially or cumulatively, between or among two ( 2 ) or more existing or prospective occupants by means of, or for the purpose of streets, common areas, leaseholds, condominiums, building groups or other features; B. A subdivision of land. C. "Land development" does not include development which in-

(1) The conversion of an existing single family detached dwelling or single family semi-detached dwelling into not more than three ( 3 ) residential units, unless such units are intended to be a condominium;

( 2 ) The addition of an accessory building. including farm building, on a lot or lots subordinate to an existing principal building; or,

(3) The addition or conversion of buildings or rides within the confines of an enterprise which would be considered an amusement park. For the purposes of this subsection, 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 t o newly acquired acreage by an amusement park until initial plans for the expanded area have been approved by the proper authorities.

LOT - a designated parcel, tract or area of land established by a plat or otherwise as permitted by law and to be used, developed or built upon as a unit.

MOBILEHOME - a transportable, single family dwelling intended for permanent occupancy, contained in one (1) unit or in two (2 ) or more units designed to be joined into one (1) integral unit capable of again being separated for repeated towing, which arrives at a site complete and ready for 6ccupancy except for minor and incidental unpacking and assembly operations, and constructed so that i t may be used without a permanent foundation.

MOBILEHOME LOT - a parcel of land in a mobilehome park, improved with the necessary utility connections and other appurtenances necessary for the erection thereon of a single mobilehome.

volves :

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MOBILEHOME PARK - a parcel or contiguous parcels of land which has been so designated and improved that it contains two ( 2 ) or more mobilehome lots for the placement thereon of mobilehomes.

MUNICIPAL AUTHORITY - a body politic and corporate created pursuant to the Act of May 2 , 1945 (P.L. 382 , No. 1 6 4 ) . known as the "Municipalities Authority Act of 1945."

PAVEMENT - the portion of a street intended for vehicular use. PLAN, FINAL - a complete and exact subdivision or land development

plan, prepared for official recording as required by statute, to define property rights and proposed streets and other improvements.

PLAN, PRELIMINARY - a tentative subdivision or land development plan, in lesser detail than a final plan, showing approximate proposed streets and lot layout as a basis for consideration prior to preparation of a final plan.

PLAN, SKETCH - an informal plan, not necessarily to scale, indicating salient existing features of a tract and its surroundings and the general layout of the proposed subdivision or land development.

PUBLIC GROUNDS - includes:

areas and other public areas;

other publicly owned or operated facilities; and,

A. Parks, playgrounds, trails, paths and other recreational

B. Sites for schools, sewage treatment, refuse disposal and

C. publicly owned or operated scenic and historic sites. PUBLIC HEARING - a formal meeting held pursuant to public notice by

the Board of Supervisors or County Planning Commission, intended to inform and obtain public comment, prior t o taking action in accordance with this Chapter.

PUBLIC MEETING - a forum held pursuant to notice under the Act of July 3 , 1986 (P.L. 388 , No. 8 4 ) , known as the "Sunshine Act," 53 P.S. 5 5 2 7 1 et 3.

PUBLIC NOTICE - notice published once each week for two (2 ) successive weeks in a newspaper of general circulation in the Township. 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 thirty ( 3 0 ) days end the second publication shall not be less than seven (7 ) days from the date of the hearing.

REVERSE FRONTAGE LOT - a l o t extending between and having frontage on an arterial street and a local street, and with vehicular access solely from the latter.

RIGHT-OF-WAY - land reserved for use as a public street, interior walk. or for other public purposes.

' SETBACK or BUILDING LINE - the line within a property defining the required minimum distance between any enclosed structure and the adjacent right-of-way.

-

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SIGHT DISTANCE - t h e maximum ex ten t of unobstructed v i s i o n ( i n a ho r i zon ta l o r v e r t i c a l plane) a long a s t r e e t from a veh ic l e loca ted a t any given poin t on t h e s t r e e t .

STREET - inc ludes s t r e e t , avenue, boulevard, road, highway, freeway, parkway, l ane , a l l e y , v iaduct o r any o t h e r ways used o r intended t o be used by veh icu la r t r a f f i c o r pedes t r i ans whether pub l i c o r p r i v a t e .

A. A r t e r i a l s t r e e t s a r e those having l a r g e volumes of compara- t i v e l y high-speed and long-distance t r a f f i c , and inc lude f a c i l i t i e s c l a s s i f i e d as main and secondary highways by t h e Pennsylvania Depart- ment of Transpor ta t ion , and include s t r e e t s c l a s s i f i e d a s expressways and major t r a f f i c s t r e e t s in t h e thoroughfare p l an adopted by t h e Planning Commission.

B. Co l l ec to r s t r e e t s a r e those which, i n add i t ion t o g iv ing access t o a b u t t i n g p r o p e r t i e s , i n t e r c e p t l o c a l s t r e e t s and provide r o u t e s , ca r ry ing cons iderable volumes of t r a f f i c , t o community f a c i l i - t i e s and t o a r t e r i a l s t r e e t s , and inc lude s t r e e t s c l a s s i f i e d a s c o l l e c t o r s t r e e t s i n t h e thoroughfare p l an adopted by t h e Planning Commission.

C. Local s t r e e t s a r e those used p r imar i ly t o provide access t o a b u t t i n g proper ty .

STREET, PUBLIC - a s t r e e t dedicated t o pub l i c use.

STRUCTURE - any man-made o b j e c t having an a s c e r t a i n a b l e s t a t i o n a r y l o c a t i o n on o r in land o r water , whether o r no t a f f i x e d t o t h e land.

SUBDIVIDER - t h e owner, o r au thor ized agent of t h e owner, of a subdi- v i s i o n .

SUBDIVISION - t h e d i v i s i o n o r r e d i v i s i o n of a l o t , t r a c t o r p a r c e l of land by any means i n t o two (2) or more l o t s , tracts, p a r c e l s o r o t h e r d i v i s i o n s of land inc luding changes in e x i s t i n g l o t l i n e s f o r t h e purpose, whether immediate o r f u t u r e , of l e a s e , p a r t i t i o n by t h e cour t f o r d i s t r i b u - t i o n t o h e i r s o r dev i sees , t r a n s f e r of ownership o r bu i ld ing o r l o t development: Provided, however, t h a t t h e subd iv i s ion by lease of land f o r a g r i c u l t u r a l purposes i n t o p a r c e l s of more than t e n (10) a c r e s , not involving any new s t r e e t o r easement of access o r any r e s i d e n t i a l dwell ing, s h a l l be exempted.

SUBSTANTIALLY COMPLETED - where i n t h e judgment of t h e Township engineer , a t l e a s t n ine ty (90%) percent (based on t h e c o s t of t h e requi red improvements f o r which f i n a n c i a l s e c u r i t y was posted pursuant t o t h e requirements of t h i s Chapter) of those improvements requi red as a condi t ion f o r f i n a l approval have been completed i n accordance wi th t h e approved p l an , so t h a t t h e p r o j e c t w i l l be a b l e t o be used, occupied o r operated f o r i t s intended use.

SUPERVISORS - t h e Tremont Township Board of Supervisors .

TOWNSHIP - t h e Township of Tremont.

TOWNSHIP ENGINEER - t h e Township Engineer, i f s a i d o f f i c e e x i s t s , and i f n o t , s h a l l be t h e engineer o r o t h e r q u a l i f i e d person designated by t h e Supervisors t o perform a l l admin i s t r a t ive and/or superv isory d u t i e s requi red of t h e Township Engineer by t h e p rov i s ions of t h i s Chapter.

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WATER SURVEY - an inventory of the source, quantity, yield and use of groundwater and surface-water resources within the Township.

YARD - an open space as may be required by this Chapter of uniform width, or depth, on the same lot with a building or group of buildings, which open space lies between the principal building or group of buildings and the nearest lot line and is unoccupied and unobstructed from the ground upward.

A. YARD, FRONT - an open space extending the full width of the lot between a building and the front lot line, unoccupied and unobstructed from the ground upward.

B. YARD, REAR - an open space extending the full width of the lot between a building and the rear lot line, unoccupied and unobstructed from the ground upward.

C. YARD SIDE - an open space extending from the front yard to the rear yard between e building and the nearest side lot line, unoccupied and unobstructed from the ground upward.

( A . O .

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(22, Part 8)

Part 8 Mobile Homes

9801. Other Site Improvements. There shall be provided in each mobile home Dark such other improvements as the Supervisors may require whereby such kequirements shall at all times be in the best interest of the public's health, safety and general welfare and may include, but shall not be limited to, garbage and trash collection and disposal facilities as approved by the Pennsylvania Department of Environmental Resources, and an adequate park lighting system. (A.O.

$802.

1. EoT-Sizs . No lot in any mobile home park shall be less than forty ( 4 0 ) feet wide and have less than four thousand (4,000) square feet of total lot area exclusive of easements and rights-of-way.

2. Set-Back Requirements. No structure located on any lot in any mobile home park shall be closer to any front lot line than twenty-five (25) feet; to any side lot line than eight (8) feet; nor to any rear lot line than twenty (20) feet.

3 . Lot Requirements. All lots in any mobile home park shall be well drained and graded to a point where trailers or mobile homes may be parked so that the parking of the same shall result in safety to all concerned. In all instances as much natural growth as is reasonably possible shall be preserved by any mobile home park developer.

(A.O.

Minimum Lot and Area Requirements.

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(22 , Part 9)

Part 9

Administration

§901. Amendments. 1. Amendments to this Chapter shall become effective only after a

public hearing held pursuant to public notice. A brief summary setting forth the principal provisions of the proposed amendment and a reference to the place within the Township where copies of the proposed amendment may be secured or examined shall be incorporated in the public notice. Unless the proposed amendment shall have been prepared by the Planning Commission, the Board of Supervisors shall submit the amendment to the Planning Commission at least thirty (30) days prior to the hearing on such amendment to provide the Planning Commission an opportunity to submit recommendations. In addition, at least thirty (30) days prior to the public hearing on the amendment, the Township shall submit the proposed amendment to the County planning agency for recommendations.

2 . Within thirty (30) days after adoption, the Board of Supervisors shall forward a certified copy of the amendment to the County planning agency.

3 . Proposed amendments shall not be enacted unless notice of proposed enactment is given in the manner set forth in this Section, and shall include the time and place of the meeting at which passage w i l l . be considered, a reference to a place within the Township where copies of the proposed amendment may be examined without charge or obtained for a charge not greater than the cost thereof. The Board of Supervisors shall publish the proposed amendment once in a newspaper of general circulation in the Township not more than sixty (60) days nor less than seven (7) days prior to passage. Publication of the proposed amendment shall include either the full text thereof or the title and a brief summary, prepared by the Town- ship solicitor and setting forth all the provisions in reasonable detail. If the full text i s not included:

A. A copy thereof shall be supplied to a newspaper of general circulation in the Township at the time the public notice is published.

B. An attested copy of the proposed amendment shall be filed in the County law library (or other County office designated by the County Commissioners). 4 . In the event substantial amendments are made in the proposed

amendment, before voting upon enactment, the Board of Supervisors shall, at leaat ten (10) days prior to enactment, readvertise, in one (1) newspaper of general circulation in the Township, a brief summary setting forth all the provisions in reasonable detail together with a summary of the amendments.

CA.0 .

a

5902. Effect of Change in This Chapter. Changes in this Chapter shall affect plats as follows:

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1. From the time an application for approval of a plat, whether preliminary or final, is duly filed as provided in this Chapter, and while such application is pending approval or disapproval, no change or amendment of this Chapter, zoning or other governing ordinance or plan shall affect the decision on such application adversely to the applicant and the applicant shall be entitled to a decision in accordance with the provisions of the governing ordinances or plans as they stood at the time the application was duly approved. The applicant shall be entitled to final approval in accordance with the terms of the approved preliminary application as hereinafter provided. However, if an application is properly and finally denied, any subsequent application shall be subject to the intervening change in governing regulations.

2 . When an application for approval of a plat, whether preliminary or final, has been approved without conditions or approved by the applicant's acceptance of conditions, no subsequent change or amendment in this Chap- ter, zoning or other governing ordinance or plan shall be applied to affect adversely the right of the applicant to commence and to complete any aspect of the approved development in accordance with the terms of such approval within five (5) years from such approval.

3 . Where final approval is preceded by preliminary approval, the aforesaid five (5) -year period shall be counted from the date of the preliminary approval. In the case of any doubt as to the terms of a preliminary approval, the terms shall be construed in the light of the provisions of this Chapter or the governing ordinance or plans as they stood at the time when the application for such approval was duly filed.

4 . Where the landowner has substantially completed the required improvements as depicted upon the final plat within the aforesaid five (5) -year limit, or any extension thereof as may be granted by the Board of Supervisors, no change of any ordinance or plan enacted subsequent to the date of filing of the preliminary plat shall modify or revoke any aspect of the approved final plat pertaining to zoning classification or density, lot, building, street or utility location.

5 . In the case of a preliminary plat calling for the installation of improvements beyond the five (5) -year period, a schedule shall be filed by the landowner with the preliminary plat delineating all proposed sections as well as deadlines within which applications for final plat approval of each section are intended to be filed. Such schedule shall be updated annually by the applicant on or before the anniversary of the preliminary plat approval, until final plat approval of the final section has been granted and any modification in the aforesaid schedule shall be subject to approval of the Board of Supervisors in its discretion.

6. Each section in any residential subdivision or land development, except for the last section, shall contain a minimum of twenty-five (25%) percent of the total number of dwelling units as depicted on the preliminary plan, unless a lesser percentage is approved by the Board of Super- visors in its discretion. Provided the landowner has not defaulted with regard to or violated any of the conditions of the preliminary plat approval, including compliance with landowner's aforesaid schedule of submission of final plats for the various sections, then the aforesaid protections afforded by substantially completing the improvements depicted upon the final plat within five years shall apply and for any section or sections, beyond the initial section, in which the required improvements

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(22, Part 9)

have not been substantially completed within said five (5) -year period the aforesaid protections shall apply for an additional term or terms of three (3) years from the date of final plat approval for each section.

7. Failure of landowner to adhere to the aforesaid schedule of submission of final plats for the various sections shall subject any such section to any and all changes in this Chapter, zoning, and other governing ordinance enacted by the Township subsequent to the date of the initial preliminary plan submission. ( A . O .

$903. Supervisors' Record. The Supervisors shall keep a record of its findings, decisions and recommendations relative to all subdivision and land development plans filed with it for review. (A .O.

§904. Preventive Remedies. 1. In addition to other remedies, the Township may institute and

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

2 . The Township may refuse to issue any permit or grant any approval necessary to further improve or develop any real property which has been developed or which has resulted from a subdivision of real property in violation of this Chapter. This authority to deny such a permit or approval shall apply to any of the following applicants:

A . The owner of record at the time of such violation. B. The vendee or lessee of the owner of record at the time of

such violation without regard as to whether such vendee or lessee had actual or constructive knowledge of the violation.

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

D. The vendee or lessee of the current owner of record who acquired the property subsequent to the time of violation without regard as to whether such vendee or lessee had actual or constructive knowledge of the violation. 3. A s an additional condition for issuance of a permit or the grant-

ing 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. ( A . O .

§905. Enforcement Remedies. 1. Any person, partnership or corporation who or which has violated

the provisions of this Chapter shall, upon being found liable therefor in a

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civil enforcement proceeding commenced by the Township, pay a judgment of not more than five hundred ($500.00) dollars plus all court costs, including reasonable attorney fees incurred by the Township as a result thereof. No judgment shall commence or be imposed, levied or payable until the date of the determination of a violation by the district justice. If the defendant neither pays nor timely appeals the judgment, the Township may enforce the judgment pursuant to the applicable rules of civil procedure. Each day that a violation continues shall constitute a separate violation, unless the district justice determining that there has been a violation further determines that there was a good faith basis 'for the person, partnership, or corporation violating this Chapter 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 (5th) day following the date of the determination of a violation by the district justice and thereafter each day that a violation continues shall constitute a separate violation.

2. The court of common pleas, upon petition, may grant an order of stay, upon cause shown, tolling the per diem judgment pending a final adjudication of the violation and judgment.

3 . Nothing contained in this Section shall be construed or inter- preted to grant to any person or entity other than the Township the right to commence any action for enforcement pursuant to this Section.

4 . District justices shall have initial jurisdiction in proceedings brought under this Section.

(A.O.

§906. Appeals from Supervisors' Decisions. The decisions of the Supervisors with respect to the approval or disapproval of subdivision and land development plats may be appealed directly to the Common Pleas Court of Schuylkill County within thirty (30) days of the decision of the Super- visors. The decision of the Court shall be final. (A .O.

5 9 0 7 . Interpretation. In the interpretation and the application of the provisions of this Chapter, they shall be held to be the minimum requirements for the promotion of the health, safety, morals and general welfare. In general, the provisions contained herein shall apply to residential subdivisions and land developments. Standards applying to commercial and industrial subdivisions and land developments shall be subject to individual review and determination in each case. (A.O.

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code of ordinances of the township of tremont …

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