subdivision and land development...

LYKENS TOWNSHIP

SUBDIVISION AND LAND DEVELOPMENT

ORDINANCE

Prepared for the Lykens Township Board of Supervisors

by the Lykens 'Township Planning Commission

Assisted by the Township Engineer and the Tri-County Regional Planning Commission

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L?fKENS TOWNSHIP BOARD OF SUPERVISORS

Mr. Ray Deppen, Jr., Chairman Mr. Albert Morgan Mr. Clayton Sitlinger

Mrs. Jean M. Deppen, Secretaryflreasurer

LYKENS TOWNSHIP PLANNING COMMISSION

Mr. Allen A. Shade, Chairman

Mr. Ernest Klinger ~ r . Clair artm man

TOWNSHIP ENGINEER

Mr. Tom Templeton P.E. Greenhorne O'Mara Engineering

TRI-COUNTY REGIONAL PLANNING COMMISSION

Mr. Michael D. Rimer, Planner III

Article 1:

Section 101 . Article 2

Section 201 . Section 202 . Section 203 . Section 204 . Section 205 . Article 3:

Section 301 .

Article 4:

Section 401 . Section 402 . Section 403 . Section 404 . Section 405 . Section 406 . Section 407 .

-Article 5:

Section 501 . Section 502 . Section 503 . Section 504 . Section 505 . Section 506 . Section '507 . Section 508 . Section 509 . Section 510 . Section 511 .

TABLE OF CONTENTS

Short Title

Short Title ............................................... 1-1

Purpose. Authority. Application. and Interpretation

Purpose of the Subdivision and Land Development Ordinance .. 2-1 Authority ............................................... 2 2 Dauphin County Review of Plans .......................... 2-2 Application of Regulations ................................. 2 2 Interpretation ............................................ 2 3

Definitions

Definitions .............................................. 3-1

Plat Specifications and Processing Procedures

General Requirements .................................... 4 1 SketchPlans ............................................. 4 1 Minor Subdivision and Land Development Applications ....... 4 2 Preliminary Plat: Procedure ............................... 4 6 Preliminary Plat: Specifications ............................ 4 9 Final Plat: Procedure .................................... 412 Final Plat: Specifications ................................. 419

Design Standards

Application .............................................. 5-1 Site Design .............................................. 5-1 Streets. Driveways and Sidewalks .......................... 5-2 Easements .............................................. 5-11 Blocks ................................................. 5-12 Lots ................................................... 5-12 Erosion and Sedimentation Control ........................ 5-17 Storm Water Management ................................ 5-18 Natural Features Preservation ............................. 5-28 Design Standards in Floodplains .......................... 5-30 Recreation and Open Space Requirements .................. 5-32

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Article 6

Section 601 . Section 602 . Section 603 . Section 604 . Section 605 . Section 606 . Section 607 . Section 608 . Section 609 . Section 610 . Section 611 . Section 612 . Article 7:

Section 701 . Section 702 . Section 703 . Section 704 . Section 705 . Section 706 . Section 707 . Section 708 . Section 709 . Section 710 . Section 711., Section 712 . Section 713 . Section 714 . Section 715 .

Article 8

Section 801 . Section 802 . Section 803 . Section 804 . Article 9:

Section 901 . Section 902 . Section 903 .

Improvements and Construction Requirements

Improvements Required .................................. 6-1 Monuments and Markers .................................. 6-1 Street Construction ....................................... 6-2 Sewer and Water Systems ................................. 6-6 Storm Sewers ........................................... 6-12 Curbs and Gutters ....................................... 6-12 Sidewalks .............................................. 6-13

Trees .................................................. 6-14 Fire Hydrants ........................................... 6-14

Street Signs ............................................. 6-14 UtilityLines ............................................ 6-15 Time Limitations ........................................ 6-15

Mobile Home Park Regulations

Grant of Power .......................................... 7-1 Purpose. Authority. and Jurisdiction ........................ 7-1 Plat Requirements and Processing Procedure ................ 7-1 Design Standards and Other Requirements .................. 7-1 Fuel Supply and Storage .................................. 7-6 Animals ................................................. 7-8 Improvement and Construction Requirements ............... 7-8 Park Rules and Regulations ................................ 7-8 Standards for Mobile Home Parks in Floodplain Areas ........ 7-8 Permits. Fees. and Licenses ................................ 7-8 Inspection of Mobile Home Parks .......................... 7-12 Notices. Hearings. and Orders ............................ 7-12 Mobile Home Removal Permit ............................ 7-14 Modification of Requirements ............................. 7-15 Enforcement. Amendments. Remedies. Severability. Repealer .................................... 7-15

Fees

Filing ................................................... 8 1

Engineering Fees ......................................... 8-2 Fee Schedule ............................................ 8-1

OtherFees .............................................. 8-2

Modification of Requirements

General Statement ........................................ 9-1 Application Submission ................................... 9-1 Recording of Deasion . Approval ........................... 9-1

Section 904. Section 905.

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Recording of Decision - Denial . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9-1 Appeals .................... . .......... . ..... ... ... ...... 9-1

Enforcement, Amendments, Remedies, Severability, and Repealer

Section 1001. Administration and Enforcement . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . 10-1 Section 1002. Amendments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10-2 Section 1003. Remedies and Jurisdiction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10-3 Section 1004. Severability ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10-5 Section 1005. Repealer ... .... ...... , ..... ........... . ..... ... ... ..... 10-5

Article 11: Effective Date and Enactment

Section 1101. Effective Date . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11-1 Section 1102. Enactment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11-1

Exhibits

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Sample Certification and Dedicatory Blocks . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E-1 Sample Plat Approval Blocks . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E-2 Sample Time Extension Agreement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E-3 Sample Irrevocable Letter of Credit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E-5 Sample Security Agreement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E-7 Sight Distance Diagram Chart . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E-10 Guidelines for the Minimum Depths of Pavement Courses . . . . . . . . . . . . . . . . E-11

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ORDINANCE NO. 2-1995

AN ORDINANCE REGULATING THE SUBDIVISION OF LAND AND LAND DEVELOPMENT WITHIN THE TOWNSHIP OF LYKENS, DAUPHIN COUNTY, PENNSYLVANIA, PROVIDING FOR THE PREPARATION OF PRELIMINARY AND FINAL PLATS FOR SUCH PURPOSE; REQUIRING CERTAIN IMPROVEMENTS TO BE MADE OR GUARANTEED TO BE MADE BY THE SUBDIVIDER; REGULATING MOBILE HOME PARKS, SALE OF LOTS, ERECTION OF BUILDINGS, LAYING OUT, CONSTRUCTION, OPENING AND DEDICATION OF STREETS, SEWERS, OTHER FACILITIES, AND PUBLIC IMPROVEMENTS IN CONNECTION WITH SUBDIVISION AND LAND DEVELOPMENT, AND PRESCRIBING PENALTIES FOR THE VIOLATION THEREOF.

THE BOARD OF SUPERVISORS OF THE TOWNSHIP OF Lykens, DAUPHIN COUNTY, PENNSYLVANIA, PURSUANT TO THE ACT 247, THE "PENNSYLVANIA MUNICIPALlTIES PLANNING CODE JULY 31,1968, AS REENACTED AND AMENDED BY ACT 170, DECEMBER 1988, DOES ENACT AND ORDAIN:

ARTICLE 1

SHORT TITLlj

Section 101. SHORT TITLE

These regulations shall be known and may be cited as 'The Lykens Township Subdivision and Land Development Ordinance."

Lykens Township Subdivision & Land Development Ordinance 1-1

ARTICLE 2

PURPOSE, AUTHORITY, APPLICATION AND INTERPRETATION

Section 201. PURPOSE OF THE SUBDIVISION AND LAND DEVELOPMENT ORDINANCE

The Purpose of this subdivision and land development ordinance is to provide for harmonious development of the municipality and county by:

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Assuring the orderly and efficient integration of subdivisions into the development of Lykens Township;

Assuring sites suitable for building purposes and human habitation;

Assuring conformance of subdivision plans with public improvement plans;

Assuring coordination of inter, and intra-municipal public improvement plans and programs;

Assuring the efficient movement of traffic;

Assuring the protection of water resources and natural drainage systems;

Assuring the sound management of storm water run-off;

Assuring equitable handling of all subdivision plans by providing uniform standards and procedures;

Assuring the greater health, safety, and welfare of the citizens of the Township of L ykens;

Assuring the efficient and orderly extension of community services and facilities at minimum cost and maximum convenience;

Regulating the subdivision and development of land within any flood hazard area or flood plain district in order to promote the health, safety and welfare of the citizens of the municipality;

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adequate access, and that public facilities which serve such uses be designed and installed to minimize flood damage;

Assuring that reservations, if any, by the developer of any area designated for use as public grounds shall be suitable in size and location for their designated uses;

Guiding the future growth and development of Lykens Township in accordance with an adopted Comprehensive plan;

Assuring that documents prepared as part of a land ownership transfer fully and accurately describe the parcel of land being subdivided and the new parcel@) thus aeated.

Section 202. AUTHORITY.

1. The Lykens Township Board of Supervisors shall have the authority to approve or disapprove all preliminary and final subdivision or land development plat applications as required herein.

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2. The Lykens Township Planning Commission is hereby designated as the agency which shall review and make recommendations on all subdivision and land development plat applications as required herein, prior to action on same by the Board of Supervisors.

Se,ction 203. DAUPHIN COUNTY REVIEW OF PLANS.

1. Applications for subdivision and land development located within the Township of Lykens shall be forwarded upon receipt, with the appropriate review fee, to the Dauphin County Planning Commission for review and report. The Township Board of Supervisors shall not approve such applications until the county review report is received or until the expiration of thirty (30) days from the date the application was forwarded to the County Planning Commission. As evidence of their review and report, officials of the County Planning Commission shall sign final plats which have been formally approved by the municipality before such plats are presented for recording.


Section 284. APPLICATION OF REGULATIONS.

1. No subdivision or land development of any lot, tract or parcel of land located in Lykens Township shall be effected; no street, sanitary sewer, storm sewer, water main, or other facilities 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 unless and until a final subdivision plat has been approved by the Board of Supervisors and publicly recorded in the manner prescribed herein; nor otherwise; except in strict accordance with the provisions of this ordinance.

2. No lot in a subdivision may be sold; no permit to erect or alter any building upon land in a subdivision or land development may be issued; and no building may be erected or altered in a subdivision or land development, unless and until a final subdivision plat has been approved by the Board of Supervisors and recorded, and until construction of the improvements required in the manner prescribed herein.

3. Unit or condominium land development of real property is included within the meaning of land development as defined herein, and must comply with these regulations. Such compliance shall include, but not be limited to, the filing of Preliminary and Final Plats, payment of established fees and charges, location of each structure and clear definition of each unit, public easements, common areas, improvements and all easements appurtenant to each unit.

4. Preliminary and final plats shall indicate the location of each structure and clearly define each unit and shall indicate public easements, common areas, and improvements, all easements appurtenant to each unit and improvements to public

’ right-of-way.

5. All subdivision and land development plats are subject to zoning regulations as they apply to use and density requirements, setbacks, height, parking and other such zoning related features.

Section 205. INTERPRETATION

1. In interpreting and applying the provisions of this Ordinance, they shall be held to be minimum requirements for the promotion of public health, safety, comfort, convenience, and greater welfare.


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2. In any case where a provision of this Ordinance is found to conflict with the provision of a zoning, building, fire, safety or health ordinance or code of this municipality or law, rule or regulation of the Commonwealth of Pennsylvania, the provisions which establish the higher standard for the promotion and protection of the health and safety of the people s h d prevail.

3. 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. In addition, should the Pennsylvania Muniapalities Planning Code be amended to establish mandatory provisions which would be inconsistent herewith, those mandatory provisions shall be deemed to be incorporated herein by reference thereto without further amendment of this ordinance.


ARTICLE 3

DEFINITIONS

Section 301. DEFINITIONS

Unless otherwise expressly stated, the following words shall, for the purpose of this Ordinance, have the meaning herein indicated. Words expressed in the plural include their singular meanings; the present tense shall include the future; words used in the masculine gender shall include the feminine and the neuter; the words %hall" and ''will" are mandatory; the words "should" and "may" are permissive. It is the intent of this ordinance to parallel the Pennsylvania Municipalities Manning Code. Therefore, if a definition is not included herein, reference should be made thereto.

ACCESSORY BUILDING: A subordinate building or a portion of the main building on a lot, the use of which is customarily incidental to that of the main or principal building.

ALLEY A public thoroughfare, other than a street or side street, which affords only secondary means of access to abutting properties and not intended for general traffic circulation.

APPLICANT (See Developer and Subdivision) A landowner or developer, as herein after defined, who has filed an application for development including his heirs, successors and assigns.

AREA, LOT: The area contained within the property lines of a lot or as shown on a subdivision plan, excluding space within any street, but including the area of any easement.

APPLICATION FOR DEVELOPMENT Every application, whether preliminary or final, iequired 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.

AS BUILT DRAWINGS: Location of utilities and proposed design features as installed.

BASE FLOOD ELEVATION: The 100-year flood elevation as indicated on the Flood Insurance Study and Flood Insurance Rate Map (FIRM), as revised, for the Township of Lykens, Dauphin County, Pennsylvania, prepared by the Federal Emergency Management Agency, Federal Insurance Administration.

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BLOCK. An area bound by streets.

BOARD OF SUPERVISORS: The Lykens Township Board of Supervisors.

BUILDING COVERAGE: The horizontal area measured within the outside of the exterior walls of the ground floor of all principle and accessory buildings on a lot.

BUILDING SETBACK LINE: The line within a property defining the required minimum distance between any principal or accessory structure and the adjacent right-of-way (STREET LINE), and the line defining side and rear yards, where required.

CARTWAY OR ROADWAY: That improved portion of a street or alley within which vehicles are permitted, including travel lanes, but not including parking areas, shoulders, curbs, sidewalks or swales.

CLEAR SIGHT TRIANGLE: A triangular shaped portion of land established at street intersections in which nothing is erected, placed, planted or allowed to grow in such a manner as to limit or obstruct the sight distance of motorists entering or leaving the intersection (Refer to Exhibit VI).

COOPERATIVE: Ownership in common with others of a parcel of land and of a building or buildings thereon which would normally be used by all occupants, together with individual rights of occupancy of a particular unit or apartment in such building or buildings or on such parcel of land and may include dwellings, offices and other types of space in commercial buildings or on property and where the lease, sale or exchange of a unit is subject to the agreement of the group of persons having common ownership.

COMMISSION: The Lykens Township Planning Commission.

COMMON ELEMENTS: Land amenities, parts of buildings, central services and utilities, and any other elements and facilities owned and used by all unit owners and are designated as common elements. These elements may include but are not limited to:

a. The land on which the building is located and portions of the building which are not included in a unit;

b. The foundation, s t r u d u r a l parts, supports, main walls, roofs, basements, halls, corridors, lobbies, stairways, entrances and exits of the building;

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c. The yards, parking area, and driveways;

d. Portions of the land and building used exclusively for the management, operation or maintenance of the common elements;

e. Installations of all central services and utilities;

f. All other elements of the building necessary or convenient to its existence, management, operation, maintenance and safety or normally in common use; and

g. Such other facilities as are designated as common elements.

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 residential development, not including streets, off-street parking areas, and areas set aside for public facilities.

CONDOMINIUM: A building, or group of buildings, in which units are owned individually, and the structure, common areas and facilities are owned by all the owners on a proportional, undivided basis. Real estate is not a condominium unless the undivided interests in the common elements are vested in the unit owners.

CONDOMINIUM ASSOCIATION: The community association which administers and maintains the common property and common elements of a condominium.

COUNTY: County of Dauphin, Pennsylvania.

CROSS-WALK A right-of-way, publicly or privately owned, intended to furnish access of pedestrians.

CUL-DE-SAC A minor street open at one end for vehicular and pedestrian access with the opposite end terminating in a vehicular turn around.

CULVERT: A drain, pipe or conduit not incorporated in a closed system, that carries drainage water under a driveway, roadway, railroad, pedestrian walk or public way.

CURB: A stone or concrete boundary usually marking the edge of the roadway or paved area.


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CURB CUT: The opening along the curb line at which point vehicles may enter or leave the roadway.

CUT: An excavation. The difference between a point on the original ground and designated point of lower elevation of the final grade. Also, the material removed in excavation.

DETENTION POND: A vegetated pond designed to collect water runoff for a given storm event and release it at a predetermined rate. Also known as a dry pond.

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: Any man-made change to improved or unimproved real estate, including by not limited to buildings or other structures, the placement of manufactured homes, streets and other paving, utilities, filling, grading, excavation, mining, dredging, or drilling operations, and the subdivision of land.

DEVELOPMENT PLAN: The provisions for development, including a planned residential development, a plat of subdivision, all covenants relating to use, location and bull< 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 ordinance shall mean the written and graphic materials referred to in this definition.

(*)* Public facilities include utility easements for sewer collection, water, electric, telephone and gas distribution, transformer, pumping stations, telecommunications, etc.

DRAINAGE: (1) Surface water runoff; (2) The removal of surface water or groundwater from land by drains, grading or other means which include runoff controls to minimize erosion and sedimentation during and after construction of development, the means for preserving the water supply and the prevention or alleviation of flooding.

DRAINAGE FACILITY: Any ditch, gutter, culvert, storm sewer, or other structure designed, intended, or constructed for the purpose of diverting surface waters from or carrying surface waters off streets, public rights-of-way, parks, recreational areas, or any part of any subdivision or contiguous land areas.

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DRAINAGE SYSTEM: Pipes, swales, natural features and man-made improvements designed to carry drainage.

DRIVEWAY A private roadway providing access for vehicles to a parking space, garage, dwelling or other structure.

DWELLING: A building or structure designed for living quarters for one or more families, including manufactured homes which are supported either by a foundation or by blocks or jacks or otherwise permanently attached to the land, but not including hotels, rooming houses, or other accommodations used for transient occupancy.

DWELLING GROUP: A group of two (2) or more single-family, two-family, or multi- family dwellings occupying a lot in one (1) ownership.

DWELLING, INDUSTRIALIZED HOUSING: A structure designed primarily for residential occupancy,and classified within Use Group R in accordance with the standards adopted under S29.41 (of the PA Industrialized Housing Act) and which is wholly or in substantial part made, constructed, fabricated, formed or assembled in manufacturing facilities for installation or assembly and installation on the building site so that concealed parts or processes of manufacture cannot be inspected at the site without disassembly, damage or destruction. The term does not include a structure or building classified as an institutional building or manufactured home, as defined by the National Manufactured Housing Construction and Safety Standards Act of 1974 (42 U.S.C.A. s5401-5426).

DWELLING, MANUFACTURED: A transportable, single-family detached dwelling intended for permanent occupancy contained in one (1) unit, or in two (2) 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 occupancy except for minor and incidental unpacking and assembly operations, and constructed so that it may be used without a permanent foundation. Also, a structure, transportable in one or more sections, which is eight (8) body feet or more in width and is 32 body feet in length and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and including the plumbing, heating, air conditioning and electrical system combined therein manufactured in accordance with the National Manufactured Housing Construction and Safety Standards Act of 1974 (42 U.S.C.A. §§5401-5426).

DWELLING, MOBILE HOME: A transportable, factory-built home, designed to be used as a year-round residential dwelling and built prior to enactment of the Federal


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Manufactured Housing Construction and Safety Standards Act of 1974, which became effective June 15,1976.

DWELLING, MULTI-FAMILY: A building used by three (3) or more families living independently of each other and doing their own cooking including apartment houses.

DWELLING, SINGLE-FAMILY DETACHED: A building used by one (1) family, having only one dwelling unit and having two (2) side yards.

DWELLING, SINGLE-FAMILY, SEMI-DETACHED: A dwelling used by one (1) family, having one (1) side yard, and one (1) party wall common with another dwelling.

DWELLING, SINGLE-FAMILY, ATTACHED (TOWNHOUSES): A building used by one (1) family and having two (2) party walls in common with other buildings.

DWELLING, TWO FAMILY, DETACHED (DUPLEX): A building used by two (2) families, with one (1) dwelling unit arranged over the other, and having two (2) side yards.

DWELLING, TWO FAMILY, SEMI-DETACHED: A building used by (2) families, with one dwelling unit arranged over the other, having one side yard, and having one party wall in common with another building.

DWELLING UNIT: A single unit providing complete independent living facilities for one (1) or more persons including permanent provisions for living, sleeping, eating, cooking and sanitation.

EASEMENT: A grant of one (1) or more property rights by the property owner to and/or for the use by the public, a corporation or another person or entity.

EASEMENT, CONSERVATION: An easement for the preservation of natural features that precludes future or additional development to the land.

EASEMENT, DRAINAGE: An easement required for the installation of stormwater sewers or drainage ditches, and/or required for the preservation or maintenance of a natural stream or water course or other drainage facility.

ENGINEER, TOWNSHIP: A registered professional engineer in Pennsylvania designated by the Township to perform the duties of engineer as herein specified.


ENGINEER, PROFESSIONAL: An individual licensed and registered under the laws of the Commonwealth of Pennsylvania to engage in the practice of engineering. A professional engineer may not practice land surveying unless licensed as set forth in P.L. 913, No. 367; however, a professional engineer may perform engineering land surveys.

ENGINEERING LAND SURVEYS: Surveys for; (i) the development of any tract of land including the incidental design of related improvements, such as line and grade extension of roads, sewers and grading but not requiring independent engineering judgment; provided, however, that tract perimeter surveys shall be the function of the Professional Land Surveyor; (ii) the determination of the configuration or contour of the earth's surface, or the position of fixed objects thereon or related thereto by means of measuring lines and angles and applying the principals of mathematics, photogrammetry or other measurement methods; (iii) geodetic or cadastral surveys, underground survey and hydrographic survey; (iv) sedimentation and erosion control surveys; (v) the determination of the quantities of materials; (vi) tests for water percolation in soils; and (vii) the preparation of plans and specifications and estimates of proposed work as described herein.

ENGINEERING SPECIFICATIONS: The Engineering Specifications of the municipality regulating the installation of any required improvements or for any facility installed by any owner, subject to public use.

EROSION: The detachment and movement of soil or rock fragments, or the wearing away of the land surface by water, wind, ice and gravity.

EXCAVATION: Any act by which earth, sand, gravel, rock or any other similar material is dug into, cut, quarried, uncovered, removed, displaced, relocated or bulldozed. It shall .indude the conditions resulting therefrom.

EXISTING GRADE: The vertical location of the ground surface prior to excavation or filling.

FILL: Any act by which earth, sand, gravel, rock or any other material is placed, pushed, dumped, pulled, transported or moved to a new location above the natural surface of the ground or on top of the stripped surface and shall include the conditions resulting therefrom. The difference in elevation between a point on the original ground and a designated point of higher elevation on the final grade. The material used to make a fill.

FINISHED GRADE: The proposed elevation of the land surface of a site after completion of all site preparation work.


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FLOOD: A temporary inundation of normally dry land areas.

FLOOD, BASE (ONE-HUNDRED YEAR FLOOD): A flood that, on the average, is likely to occur once every 100 years (i.e. that has a one (1) percent chance of occurring each year, although the flood may o c m in any year).

FLOOD FRINGE: That portion of the floodplain outside the floodway.

FLOOD HAZARD BOUNDARY AND FLOODWAY MAP (FHBM): An official map of a community, issued by the Federal Insurance Administration.

FLOOD HAZARD, AREAS OF SPECIAL: The land in the flood plain within a community subject to a one percent or greater chance of flooding in any given year.

FLOOD P M N : (1) a relatively flat or low land area, comprised of the floodway area and the flood fringe area, which is subject to partial or complete inundation from an adjoining or nearby stream, river, or watercourse; (2) an area subject to the unusual and rapid accumulation or runoff of surface waters from any source.

FLOODPROOFING: Any combination of structural and non-structural additions, changes or adjustments to proposed and existing structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents.

FLOODWAY: The designated area of a floodplain required to carry and discharge flood waters of a given magnitude. For the purposes of this Ordinance the floodway shall be capable of accommodating a flood of the one-hundred (100) year magnitude.

FUTURE RIGHT-OF-WAY (1) right-of-way width required for the expansion of existing streets to accommodate anticipated future traffic loads; (2) a right-of-way established to provide future access to or through undeveloped land.

GOVERNING BODY The Board of Supervisors of Lykens Township, Dauphin County, Pennsylvania.

GRADE, ESTABLISHED: The elevation of the center line of the streets, as officially established by the municipal authorities.

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GRADE, FINISHED: The completed surfaces of lawns, walks, and roads brought to grades as shown on official plans or designs relating thereto.

GRADE, NATURAL: The elevation of the ground in its natural state, before manmade alterations.

GRADING PLAN: A plan for development, clearly depicting in detail all proposed grading including the location, extent, and treatment of al l exposed slopes.

IMPERVIOUS MATERIAL: Any substance placed on a lot which covers the surface in such fashion as to prevent natural absorption of surface water by the earth so covered. The following items shall be deemed to be impervious material: buildings, concrete sidewalks, paved driveways and parking areas, swimming pools and other nonporous structures or materials.

IMPERVIOUS SURFACE: A surface that has been compacted or covered with a layer of material so that it is highly resistant to infiltration by water.

IMPROVEMENTS: Those physical additions, installations, and changes required to render land suitable for the use intended, including but not limited to grading, paving, curbing, street lights and signs, fire hydrants, water mains, electric service, gas service, sanitary sewers, storm drains, sidewalks, crosswalks, driveways, culverts, street shade trees, and improvements to existing water courses.

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:

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

(a) 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

(b) the division or allocation of land or space, whether hitially or cumulatively, between or among two (2) or more existing or prospective occupants by


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means of, or for the purpose of streets, common areas, leaseholds, condominiums, building groups or other features.

2. A subdivision of land.

3. The exclusion of certain land development from this definition of land development is permitted only when such land development involves:

(a) the conversion of an existing single-family detached dwelling or single family semi-detached dwelling into not more that three 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 not to exceed 5000 square feet of impervious coverage.

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 or 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, shall be deemed to be a landowner for the purpose of this Ordinance.

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.

LOT AREA: The area contained within the property lines of a lot as shown on a subdivision plat excluding space within any rights-of-way, but including the area of any easement.

LOT, CORNER A lot at the junction of and abutting on two (2) or more intersecting streets or at the point of abrupt change of a single street, where the interior angle is less than 135 degrees and the radius of the street line is less than 100 feet.

LOT COVERAGE: That portion of a lot covered by buildings and/or other impervious improvements.

LOT, DEPTH OF: The average horizontal distance between the front and rear lot lines.

Lykens Township Subdivision & Land Development Ordinance 3 - 1 0

LOT, DOUBLE FRONTAGE: (See THROUGH LOT) An interior lot having frontage on two (2) streets.

LOT, FLAG: A lot not meeting the minimum lot frontage requirements of the zoning district and were access to a public street is by a narrow, private right-of-way or driveway.

LOT, INTERIOR A lot other than a corner lot.

LOT LINE: A line of record bounding a lot which divides one lot from another lot or from a public or private street, or any other public space.

LOT, NONCONFORMING: A lot, the area, dimensions or location of which was lawful prior to the adoption, revision or amendment of the Subdivision and Land Development Ordinance, or Zoning Ordinance, but which fails by reason of such adoption, revision or amendment to conform to the present requirements.

LOT, REVERSE FRONTAGE: A lot extending between, and having frontage on an arterial streets and a minor street, and with vehicular access solely from the latter.

LOT, THROUGH: A lot which fronts upon two parallel streets, or which fronts upon two streets which do not intersect at the boundaries of the lot.

LOT WIDTH: The horizontal distance between the side lines of a lot measured at right angles to its depth along a straight line parallel to the STREET LINE at the minimum required building setback line.

-MUM LOT COVERAGE: The maximum percentage of impervious cover on any lot.

MOBILE/MANUFACTURED HOME: 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 without a permanent foundation.

MOBILE/MANUFACTURED HOME LOT: A parcel of land in a mobile/ manufactured home park, improved with the necessary utility connections and other appurtenances necessary for the erection thereon of a single mobile home.


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MOBILE/MAPJUFACTURED HOME PARK: A parcel or contiguous parcels of land under single ownership which has been so designated and improved that it contains two or more mobile/manufactured home lots for the placement thereon of mobildmanufactured homes.

MUNICIPALITY: Lykens Township, Dauphin County, Pennsylvania.

OPEN SPACE: An area that is intended to provide light and air, and is designed for either environmental, scenic, or recreational purposes. Open space may include, but is not limited to, lawns, decorative planting, walkways, active and passive recreation areas, playgrounds, fountains, swimming pools, wooded areas, and water courses. Open space shall not be deemed to include driveways, parking lots, or other surfaces designed or intended for vehicular travel. Land used for recreation, resource protection, amenity, and/or buffers. In no event shall any area of a lot constituting the minimum lot area nor any part of an existing or future road or right-of-way be counted as constituting open space.

OPEN SPACE DEVELOPMENT: A development design technique that concentrates buildings in specific areas on a site to allow the remaining land to be used for recreation, common open space, and preservation of environmentally sensitive areas.

OPEN SPACE, PUBLIC: Open space owned by a public agency and maintained by it for the use and enjoyment of the general public.

PARKING AREA: Any public or private land area designed and used for parking motor vehicles including parking lots, garages, private driveways and legally designated areas of public streets.

PERSON: corporation.

PLAN, COMPREHENSIVE: An official document adopted by the Township Board of Supervisors setting forth its policies regarding the long-term development of the Township; the preparation of which is based on careful studies of existing conditions and prospects for future growth of the municipality. The plan shall include, but need not be limited to plans for the use of land, transportation of goods and people, community facilities and services, and a map and statement indicating the relationship of the municipality and its proposed development of adjacent municipalities.

PLAN, CONSTRUCTION IMPROVEMENT: A plan prepared by a registered engineer or surveyor showing the construction details of streets, drains, sewers, bridges, culverts,

Any individual or group of individuals, partnership, co-partnership, or

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and other improvements for review by the Township Engineer, as required by this Subdivision and Land Development Ordinance.

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

PLANNING COMMISSION: The Lykens Township Planning Commission.

PLAT, FINAL: A complete and exact subdivision or land development plat, prepared for official recording as required by statute, to define property rights and proposed streets and other improvements.

PLAT, PRELIMINARY A tentative subdivision or land development plat, in lesser detail than a final plat, showing approximate proposed street and lot layout as a basis for consideration prior to preparation of a final plat.

POLLUTANT: Any introduced gas, liquid or solid that makes a resource unfit for a specific purpose.

POLLUTION: The presence of matter or energy whose nature, location or quantity produces undesired environmental effects.

PRINCIPAL BUILDING OR PRINCIPAL USE: The basic purpose for which a building or land area is occupied or intended to be occupied as opposed to accessory or incidental uses; usually classifiable as residential, commercial, manufacturing or public in nature.

PRIVATE ROAD: A legally established right-of-way, other than a public street, which 'provides the primary pedestrian and vehicular access to one or more lots.

PROFILE LINE: Means the profile of the center line of the finished surface of the street, which shall be midway between the sidelines of the street.

PUBLIC: Owned, operated or controlled by a government agency (Federal, state or local - including a corporation created by law for the performance of certain specialized governmental functions and the Board of Public Education).

PUBLIC GROUNDS: Includes (i) parks, playgrounds, trails, paths and other recreational areas and other public areas; and (ii) sites for schools, sewage treatment, refuse disposal and

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other publicly owned or operated facilities; and (iii) publicly owned or operated scenic and historic sites.

PUBLIC HEARING: A formal meeting held pursuant to public notice by the Board of Supervisors or planning agency, intended to inform and obtain public comment, prior to taking action in accordance with this ordinance.

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

PUBLIC NOTICE: Notice published once each week for two (2) successive weeks in a newspaper of general circulation in the Township of Lykens, Dauphin County, Pennsylvania. 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 be not more than thirty (30) days and the second publication shall not be less than seven (7) days from the date of the hearing.

REAL ESTATE: Any fee, leasehold or other estate or interest in, over or under land, including structures, fixtures and other improvements and interests which by custom, usage or law pass with a conveyance of land though not described in the contract of sale or instrument of conveyance. Real estate includes parcels with or without upper or lower boundaries, and spaces that may be filled with air or water.

RECREATIONAL VEHICLE: A vehicular type unit designed as temporary living quarters for recreational, camping, or travel use, which has its own motorized power or is mounted on or drawn by another vehicle, (including Camping Trailer, Motor Home, Travel Trailer and Truck Camper); and a body width of no more than eight (8) feet and a body length of not more that tlirty-five (35) feet when factory equipped for the road, and licensed as such by the Commonwealth.

RECREATIONAL VEHICLE PARK OR CAMP GROUND: A parcel of land under single ownership which has been planned and improved for the placement of recreational vehicles or camping equipment for temporary living quarters, for recreational, camping or travel use, on recreational vehicle or camp ground lots rented for such use, thereby constituting a 'land development".

RECREATIONAL VEHICLE PARK OR CAMP GROUND LOT: A parcel of land abutting a street or private road occupied by one recreational vehicle or camping equipment for temporary living quarters, for recreational, camping, or travel use, together with such open


space as is required under the provisions of this Ordinance having not less that the minimum area and width required by this Ordinance for a recreational vehicle park or camp ground lot. (See Article 5, Section 505)

RESERVE STRIP: A strip of land adjacent to a street intended to control access to the street from an adjacent property.

RESIDENT PROPERTY OWNER: Any individual maintaining a voting address in the township within one thousand (1OOO) feet of the proposed subdivision, owning real estate in his own or joint names. A tenancy in common or any other means of joint ownership shall be considered as an individual; however, the signature of any single joint owner shall be considered as binding the others.

RE-SUBDMSION: Any subdivision or transfer of land laid out on a plan which has been approved by the Township Supervisors that changes, or proposes to change property line(s) and/or public right-of-way lines not in strict accordance with the previously approved plan.

RETENTION BASIN: A pond containing a permanent pool of water designed and, or constructed to store water runoff for a given storm event and release it at a predetermined rate.

REVERSE FRONTAGE LOT: A lot extending between and having frontage on a major street and a minor street with vehicular access solely from the latter.

RIGHT-OF-WAY A strip of land acquired by reservation, dedication, forced dedication, prescription or condemnation and intended to be occupied or occupied by a road, crosswalk, railroad, electric transmission lines, oil or gas pipeline, water line, sanitary storm sewer and other similar uses; generally, the right of one to pass over the property of another.

RIGHT-OF-WAY LINE: See STREET LINE

RIGHT-OF-WAY, STREET A public thoroughfare for vehicular traffic and/or pedestrian traffic, whether designated as a street, highway, thoroughfare, parkway, road, avenue, boulevard, lane, alley, or however designated.

ROADWAY See CARTWAY


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RUNOFF: The surface water discharge or rate of discharge of a given watershed after a fall of rain or snow that does not enter the soil but runs off the surface of the land.

SEDIMENT BASIN: A temporary dam or barrier constructed across a waterway or at other suitable locations to intercept runoff and trap and retain sediment.

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

SEEPAGE BED: A covered pit with perforated pipe through which the septic tank effluent may seep or leach into the surrounding soil.

SEPTIC SYSTEM: An underground system with a septic tank used for the decomposition of domestic wastes. Also referred to as an on-lot system.

SEPTIC TANK A watertight tank in which raw sewage is broken down into solid, liquid, and gaseous phases to facilitate further treatment and final disposal.

SERVICE DRIVE (Private): A service way providing a secondary means of private access to abutting property and not intended for general traffic circulation.

SEWAGE DISPOSAL SYSTEM (ON LOT): Any structures designated to dispose of sanitary sewage within the boundaries of a lot.

SEWAGE DISPOSAL SYSTEM (PUBLIC): A sanitary sewage collection method in which sewage is carried from the site by a system of pipes to a central treatment and disposal plant.

SIDEWALK A paved, surfaced or leveled area, paralleling and usually separated from the street, used as a pedestrian walkway.

SIGHT DISTANCE: The length of roadway visible to the driver of a passenger vehicle at any given point on the roadway when the view is unobstructed by traffic.

SIGN: Any object, device, display or structure, or part thereof, visible from a public way, which is used to advertise, identify, display, direct or attract attention to a person, organization, institution, business, product, service, event or location. A sign includes

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writing, representation or any other figure of similar character within a building when located in a window.

SITE DEVELOPMENT PLAN: A scaled graphical depiction of the proposed development of a lot, parcel or tract of land describing all covenants assigned, as well as, accurately depicting the use, location, and bulk of all buildings and sfrtlctures, intensity of use or density of development, streets, driveways, rights-of-ways, easements, parking facilities, open space, public facilities and utilities, setbacks, height of buildings and structures, and other such data necessary for municipal officials to determine compliance with this Ordinance and appropriate provisions of other such ordinances, as they may apply.

SLOPE: The face of an embankment or cut section; any ground whose surface makes an angle with the plane of the horizon. Slopes are usually expressed in a percentage based upon vertical difference in feet per one hundred (100) feet of horizontal distance.

SOIL PERCOLATION TEST A field test conducted to determine the absorption capacity of soil to a specified depth in a given location for the purpose of determining suitability of soil for on-lot sewage disposal.

SOIL PROBE: A field test conducted to determine the types and depths of soils located on a given lot and, or study area.

SOIL STABILIZATION: Chemical or structural treatment of a mass of soil to increase or maintain its stability or otherwise to improve its engineering properties.

STORM FREQUENCY: The average interval expected between storms of a specific dhation and intensity.

STORMWATER DETENTION: Any storm drainage technique that retards or detains runoff, such as detention or retention basin, parking lot storage, rooftop storage, porous pavement, dry wells or any combination thereof.

STORMWATER DETENTION BASIN: A vegetated pond 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.

STORMWATER MANAGEMENT PLAN: The planned 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 greater than if the site had remained


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undeveloped. A plan showing all present and proposed grades and facilities for stormwater management.

STREAM: A watercourse having a source and terminus, banks and channel through which waters flow at least periodically.

STREAM, INTERMITI'ENT: A natural stream carrying water during the wet seasons and having at least one critical area feature.

STREAM, PERENNIAL: A stream that is present at all seasons of the year.

STREET: A public right-of-way which affords primary vehicular pedestrian access to abutting properties, including street, highway, thoroughfare, parkway, road, avenue, boulevard, lane, or however designated.

STREET, CUL-DE-SAC: A street intersecting another street at one end terminating at the other in a vehicular turn-around.

STREET GRADE: The officially established grade of the street upon which a lot fronts or in its absence the established grade of the other streets upon which the lot abuts, at the midpoint of the frontage of the lot thereon. If there is no officially established grade, the existing grade of the street at such midpoint shall be taken as the street grade.

STREET LINE: The dividing line between the street, or road and the lot, also known as the right-of-way line.

STREET, MAJOR:

a. ARTERIAL STREET A major street or highway with fast or heavy traffic of considerable continuity and used primarily as a traffic artery for intercommunications among large areas.

b. COLLECTOR STREET: A major street or highway which carries traffic from minor streets to arterial streets including the principle entrance streets of a residential development and streets for circulation within such a development.


c. LIMITED ACCESS: A major street or highway which carries large volumes of traffic at comparatively high speed with access at designated points and not from abutting properties.

STREET, MARGINAL ACCESS: A minor street which is parallel and adjacent to a limited access highway or arterial street, which provides access to abutting properties and protection from through traffic.

STREET, MINOR: A street used primarily for access to abutting properties.

STREET, SHOULDERS: The portion of the street, contiguous to the cartway, for the accommodation of stopped vehicles, for emergency parking, and for lateral support of base and surface courses of the pavement.

STREET WIDTH: The distance between street lines measured at right angles to the center line of the street.

STRUCTURE: Anything constructed or erected on the ground or attached to the ground, including but not limited to buildings, fences, factories, sheds, cabins, mobile homes, and other similar items.

SUBDIVIDER: (See DEVELOPER, APPLICANT) The owner or authorized agent of the owner of a lot, tract or parcel of land to be subdivided for sale or development under the terms of this Ordinance.

SUBDIVISION: (See LAND DEVELOPMENT, RE-SUBDIVISION) The division or redivision of a lot, tract or parcel of land by any means into two (2) or more lots, tracts, parcels, or other divisions of land including changes in existing lot lines for the purpose, whether immediate or future, of lease, partition of the court for distribution to heirs or devisees, transfer of ownership or building or lot development: Provided, however, that the subdivision by lease of land for agricultural purposes into parcels of more than ten (10) acres, not involving any new street or easement of access, or any residential dwelling, shall be exempted.

a. MINOR SUBDIVISIONS: The subdivision of a single lot, tract or parcel of land into six (6) or fewer lots, tracts or parcels of land, for the purpose, whether immediate or future, of transfer of ownership or of building development, providing lots, tracts or parcels of land thereby created having frontage on an improved public street or streets and

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providing further that there is not created by the subdivision any new street, street easement, easements of access or need therefore.

MAJOR SUBDIVISION: Any subdivision involving more than six (6) lots, parcels of land or other divisions of land whether or not they involve new streets, additional utilities or other facilities immediate or future.

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SUBSTANTIALLY COMPLETED: Where, in the judgment of the Township Engineer, at least 90% (based on the cost of the required improvements for which financial security was posted) 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.

SURFACE DRAINAGE PLAN: A plan showing all present and proposed grades and facilities for storm water drainage.

SURVEYOR, PROFESSIONAL LAND: An individual licensed and registered under the laws of this Commonwealth to engage in the practice of land surveying. A professional land surveyor may perform engineering land surveys but may not practice any other branch of engineering.

SWALE: A natural or man-made low-lying stretch of vegetative land characterized as a depression and used to carry surface water runoff.

TOPOGRAPHY: The configuration of a surface area showing relative elevations.

TOP SOIL: Surface soils and subsurface soils which presumably are fertile soils and soil material, ordinarily rich in organic matter or humus debris. Top soil is usually found in the uppermost soil layer called the A Horizon.

TOWNSHIP: Lykens Township, Dauphin County, Pennsylvania.

TRIP: A single or one-way vehicle movement either to or from a subject property or study area.

TRIP ENDS: The total of trips entering and leaving a specific land use or site over a designated period of time.

Lykens Township Subdivision & Land Development Ordinance 3 -20

UNDEVELOPED LAND: Any lot, tract or parcel of land which has not been graded in any other manner prepared for the construction of a building.

UNIT: That part of the property, structure or building designed or intended for any type of independent use, which has direct exit to a public street or way or to an easement or right-of-way leading to a public street or way, and includes a proportionate undivided interest in the common elements, which is assigned to the property, structure or building.

UTILITY, PUBLIC OR PRIVATE: (1) Any agency which under public franchise or ownership, or under certificate of convenience and necessity, provides the public with electricity, gas, heat, steam, communication, rail transportation, water, sewage collection or other similar service, (2) a closely regulated private enterprise with an exclusive franchise for providing a public service.

WATER FACILITY: Any water works, water supply works, water distribution system, or part thereof designed, intended or constructed to provide or distribute potable water.

WATERCOURSE: A permanent stream, intermittent stream, river, brook, creek, or a channel, swale, or ditch for water, whether natural or man-made.

WATER POLLUTION: The addition of pollutants to water in concentrations or in sufficient quantities to result in measurable degradation of water quality.

WATER TABLE: The upper surface of groundwater, or that level below which the soil is seasonally saturated with water.

WETLANDS: Those areas that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typicaIly adapted for life in saturated soil conditions, including swamps, marshes, bogs and similar areas. (The term includes but is not limited to wetland areas listed in the State Water Plan, the United States Forest Service Wetlands Inventory of Pennsylvania, the Pennsylvania Coastal Zone Management Plan and a wetland area designated by a river basin commission. This definition is used by the U. S. Enwonmental Protection Agency and the U. S. Army Corps of Engineers.)

ZONING: The demarcation of the Municipality into zones or areas, and the application of this Ordinance to establish regulations to govern the use of the land including the control of location, bulk, height, shape, use and coverage of structures within each zone in accordance with the purposes as given in Section 604 of the Planning Code.


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ZONING DISTRICT: The part, zone, or geographic area as depicted on the Lykens Township Zoning Map within which certain zoning and development regulations apply.

ZONING HEARING BOARD: A group of three (3) Township residents appointed by the governing body as required by the Pennsylvania Municipalities Planning Code, Act No. 247.

ZONING MAP: The map setting forth the boundaries of the Zoning Districts of the Township which shall be part of this Ordinance.

ZONING OFFICER The duly constituted municipal official designated to administer and enforce this Ordinance. The Zoning Officer shall administer the Zoning Ordinance in accordance with its literal terms.

ZONING PERMIT: A permit, also refered to as a Certificate of Zoning Compliance, signed by the zoning officer, as required in the zoning ordinance, as a condition precedent to the commencement of a use or the erection, construction, reconstruction, restoration, alteration, conversion or installation of a structure or building, which acknowledges that such use, structure, or building complies with the provisions of the municipal zoning or authorized variance therefrom.


ARTICLE 4

PLAT SPECIFICATIONS AND PROCESSING PROCEDURES

Section 401. GENERAL REQUIREMENTS

Whenever a subdivision of land or land development is desired to be effected in the Township of Lykens, Dauphin County, Pennsylvania, a plat of the layout of such subdivision or land development shall be prepared, filed and processed according to the requirements of this Subdivision and Land Development Ordinance as follows.

Section 402. SKETCH PLANS

1. Prior to the filing of a subdivision or land development plat for review and approval, the Applicant is strongly encouraged to submit a Sketch Plan to the Planning Commission for advice on the requirements necessary to achieve conformity with the standards of this and other applicable muniapal ordinances, as well as, to alert the Applicant to other factors which must be considered in the design of the subdivision or land development.

2. The plan shall be clearly labeled "SKETCH PLAN" and should include sufficient information to clearly indicate the character and extent of the proposed subdivision or land development and its relationship to existing conditions and facilities within the area in which it is to be located. It is recommended that Sketch Plan submissions include a map covering sufficient area to establish the location of the site and an informal plan of any existing or proposed streets, buildings, lot arrangement, utilities, sigruficant natural features and other elements within the subdivision or land development including topographic contours.

Prior to the preparation of any plans, the Applicant should consult the Dauphin County Conservation District representative concerning the preparation of plans for erosion and sedimentation control.

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4. Prior to the preparation of any plans, the Applicant should consult the Township Zoning Officer concerning the preparation of plans for zoning ordinance compliance.

5. The Applicant shall be advised of the accessibility of public sewerage and public water to the development site:

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a. If the site is located within an area planned or currently receiving water services, the Applicant shall consult with the appropriate water utility.

b. If on-site systems are applicable, soil suitability testing shall be required and verified by the local Sewage Enforcement Officer.

6. At this stage, the Commission shall assist the Applicant in determining whether or not the site is located in an identified flood hazard area, in which case applicable flood plain management requirements shall be complied with.

7. If it is known that the parcels being created will be used for development requiring a Special Permit, or for development that is considered dangerous to human life, prospective developers should check the provisions contained in any other applicable Federal and State Laws, or Township Ordinances, which pertain specifically to those kinds of development.

8. It is further advised that the Applicant provide data on the sketch plan identifying and delineating all wetlands areas located on the site.

Section 403. MINOR SUBDIVISION AND LAND DEVELOPMENT APPLICATIONS

1. Where six (6) or fewer lots are proposed to be subdivided from a tract of land or where land is being transferred to be combined with an existing lot, the Board of Supervisors, being advised by the Planning Commission, in response to a written request by the Applicant, may waive the requirements of Preliminary Plat requirements, provided such proposal is on an existing street and no new streets are involved. In such cases the applicant shall submit a Final Plat as follows:

a. The Final Plat shall be submitted and processed as required by Section 406, "FINAL PLAT: PROCEDURE," and contain the following data and plat specifications:

(1) Submit an erosion and sedimentation control plan as required by the "Pennsylvania Clean Streams Law", and the Pennsylvania Department of Environmental Resources "Erosion and Sediment Pollution Control Program Manual" (April 1990): (Title 25, PART I, Subpart C, Article 2, Chapter 102 - EROSION CONTROL). The plan content shall be prepared in accordance with the erosion control measures set forth.


(2) Nine (9) copies and one (I) mylar of the plat prepared by a registered surveyor or engineer on sheets at a minimum size of 17.5' x 24'' and no larger than 24" x 36'' clearly labeled "FINAL PLAT', shall be submitted containing the following information:

(a) Outline of the property from which the lot or lots are being subdivided at a scale of 1" = 400'.

(b) Bearings and distances of the property taken from the property deed including the primary control point.

(c) Adjacent landowner's names.

(d) Location on the property map of existing buildings, streets, streams, and woods, septic system, and well.

(e) The zoning district in which the property is located.

( f ) A separate drawing of the proposed lot (scale 1" = 100') with lot area, lot number, lot dimensions, bearings and distances of lot lines, existing street right-of-way, street name and number, building setback lines, and contours, with 5 foot intervals.

(8) A location map on the plat (minimum scale 1" = 1,000') showing property location, streets and other pertinent information, in sufficient detail to adequately identdy the property location.

(h) Additional data required on the plat.

1 - Name, address, and telephone number of owner or applicant.

2 - Name, address, and telephone number and seal of professional engineer certifying engineering aspects and professional land surveyor certifymg accuracy of plat survey (as defined herein). (Example contained in Exhibit I herein.)

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Date of plat preparation.

Municipality where property is located.

North point and scale.

Certification of ownership and dedicatory statement signed by owner. (Example contained in Exhibit I herein.)

Notary public and recording statement. contained in Exhibit I herein.)

(Example

Approval blocks to be signed by the Planning Commission and the Board of Supervisors. (Example contained in Exhibit II herein.)

Location and description of survey monuments shown on the plat.

Proposed Protective Covenants running with the land, if m y .

Reference to recorded subdivision plats of adjoining platted land by record name, date and number.

When applicable, a copy of the "Sewage Module for Land Development" or other equivalent documentation approved by the Department of Environmental Resources in compliance with the requirements of the Pennsylvania Sewage Facilities Act and Chapter 71 of Title 25 of the Pennsylvania Code.

Existing easements, public or private, and the location of any public utilities.

Compliance with Section 405.2.h of this Ordinance pertaining to applications located in a flood hazard area.

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a. Where the proposed subdivision or land development abuts a State Highway (Pennsylvania Route or United States Route), evidence in writing from the Pennsylvania Department of Transportation indicating the Department's concurrence with the proposed design for driveway access and drainage required for issuance of the Department's Highway Occupancy permits, and a note added to the plat as follows:

'IN0 building permit will be issued fm any lot or parcel which will require access to a State Highway until authorized by a Pennsylvania Department of Transportation Highway Occupancy Permit."

b. Where the proposed subdivision or land development abuts a Township street, evidence in writing indicating proposed driveway and street inter-sections comply with clear sight distance standards contained in this ordinance, and a note added to the plat as follows:

"No building permit will be issued until a Township Engineer has verified the sight distance and roadway access safety."

When any portion of the tract proposed for subdivision or land development is located within an identified flood district or flood plain area, the following information shall be required as part of the Final Plat and shall be prepared by a registered engineer or surveyor:

a. The exact location and 'elevation of all proposed buildings, structures, roads, and public utilities to be constructed within any identified flood plain area or district. All such maps shall show contours at intervals of two (2') feet and identify


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accurately the boundaries of the flood plain area, and all be verified by the Township Engineer.

b. Submission of the Final Plat shall also be accompanied by all required permits and related documentation from the Department of Environmental Resources, and any other Commonwealth agency, or local municipality where any alteration or relocation of a stream or watercourse is proposed. In addition, documentation shall be submitted indicating that all affected adjacent municipalities have been notified of the proposed alteration or relocation. The Department of Community Affairs, and the Federal Insurance Administrator shall also be notified whenever any such activity is proposed.

A final storm water management plan, approved by the Township Engineer. (See Section 507)

18- The Source of the proposed water supply should be identified.

19 - 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 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 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 service the area in question, which ever is appropriate, shall be acceptable.

Lykens Township 1 I Subdivision & Land Development Ordinance 4 - 6

20 - Such other data as may be required by the Planning Commission or Board of Supervisors in the enforcement of this Ordinance.

21 - Water courses, marshes, rock outcrops, wooded areas, wetlands delineated in accordance with the Federal Manual for Iden-g and Delineating Jurisdictional Wetlands (January 1989), and other features of note.

Section 404. PRELIMINARY PLAT PROCEDURE

1. The Applicant shall submit to the Township Secretary the appropriate filing fees and nine (9) copies of a preliminary plat of the proposed subdivision or land development and other required data and maps at the Board of Supervisors meeting, not less than fourteen (14) calendar days prior to the regular meeting of the Planning Commission at which consideration is desired. The applicant shall submit concurrently, with the Preliminary Plat, three (3) copies of the sewage "Plan Revision Module for Land Development", if applicable.

2. Upon filing the plat with the Township Secretary, the Applicant, with the Township Secretary's approval to release the application material, shall within seven (7) working days forward a copy with the appropriate review fee to the Dauphin County Planning Commission. The Township Secretary will likewise forward copies to the Township Engineer and may, as appropriate, forward copies to affected public utilities, school district, Dauphin County Conservation District, fire departments, emergency response agencies, and other public agencies for review and report to the

' Township.

. The Board of Supervisors, upon the recommendation of the Commission, shall act on any such Preliminary Plat and communicate their decision 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) following the date the application is filed. Should the next regular meeting of the Planning Commission occur more than tlurty (30) days following the filing of the application with the Board of Supervisors, the said nine^ (90) day period shall be measured from the thirtieth day following the day the application has been filed with the Board of Supervisors.


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In the event that any waiver or modification of requirements from this Ordinance is requested by the Applicant or is deemed necessary for approval, the waiver or modification and the reasons for its necessity shall be entered in the records of the Commission.

3. The Dauphin County Planning Commission shall review the Preliminary Plat and Data and shall return a copy of a written report indicating their recommendations to the Township Board of Supervisors within thirty (30) days of their receipt of same or forfeit their right to review.

4. Before taking final action on any submitted plat, the Township Secretary shall submit copies of the Preliminary Plat and accompanying data to the Township Engineer who shall advise the Board of Supervisors and Commission as to the suitability of all engineering details and specifications as per this Ordinance. As necessary, the Township Secretary, on behalf of the Commission, may submit copies of the Preliminary Plat to all affected public utilities who shall be requested to make recommendations as to the utility easements; to the Pennsylvania Department of Transportation, where the subdivision or land development will front on an existing or proposed State highway, or has a proposed street entering such highways.

5. The Board of Supervisors shall determine whether the Plat shall be approved, approved with conditions acceptable to the Applicant, or disapproved. The decision of the Board of Supervisors shall be in writing and shall be communicated to the Applicant personally. A letter will be mailed to him/her at the last known address, not later than fifteen (15) days following the Board's decision. If the plat is approved with conditions, the Applicant shall respond to the Board of Supervisors indicating acceptance or rejection of such conditions. Such response shall be in writing, signed by the Applicant, and be received by the Township Secretary within 10 calendar days of receipt by the Applicant of the Board of Supervisors decision to approve the plat with conditions. Approval of the plat shall be rescinded automatically upon the Applicant's failure to accept or reject such conditions in the manner and within the time frame noted above.

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6. Before acting on any subdivision plat, the Board of Supervisors, may hold a public hearing thereon after proper public notice.

7. When the application is not approved in terms as filed, the decision shall speufy the defects found in the application and shall, in each case, ate the applicable provisions of the Ordinance.


8.

9.

10.

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 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. (A sample "Agreement to Extend the Time for Rendering and Communicating a Decision on Certain Preliminary and/or Final Subdivision Plans" is contained in Exhibit III herein.)

Approval of the Preliminary Plat constitutes approval of the proposed subdivision or land development with respect to the general design, the approximate dimensions and other planned features. Preliminary approval binds the developer to the general scheme of the Plat as approved. Preliminary approval does not authorize the recording, sale or transfer of lots.

Preliminary approval shall expire within five (5) years after being granted. An extension of time may be requested by the Applicant and approved by the Board of Supervisors in accordance with Section 508(4) of the Pennsylvania Municipalities Planning Code, Act 247, as amended. Requests for extension shall be submitted to the Board of Supervisors thvty (30) days prior to any prevailing expiration date.

Section 405. PRELIMINARY PLAT SPECIFICATIONS

1. The following shall be submitted in application for review and approval of a Preliminary Plat.

a. Nine (9) copies and one (1) reproducible mylar of a map or series of maps or sheets not smaller that 17.5" x 24" and\or larger than 24" x 36'' drawn to scale not smaller than one hundred (100) feet to the inch, unless otherwise specified herein, clearly labeled "PRELIMINARY PLAT", and showing the following:

(1) Name or identifying title of the proposed subdivision or land development.

. (2) The date the Plat was prepared, the dates of any subsequent revisions thereto after the Plat has been submitted, and a description of such revisions, if any.


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(3)

(4)

(14)

North point and scale.

A diagram, at a scale not less than one thousand (1000') feet to the inch, covering sufficient area to establish the location of the site within the municipality.

Name, address and phone number of the owner or Applicant.

The names of owners of all abutting unplatted land and the names of all abutting subdivisions.

Name, address, telephone number, and seal of the professional engineer cerhfylng engineering aspects and professional land surveyor cerbfying accuracy of plat survey (as defined herein).

Tract boundaries by bearings and distances.

The zoning district in which the property is located

All existing property lines, easements and rights-of-way and the purpose for which the easements or rights-of-way will be or have been established.

AU existing streets on or adjacent to the tract, including name, right-of- way width and pavement width.

All existing buildings, sanitary and storm sewers, water mains, culverts, fire hydrants and other sigrufrcant man-made features on or adjacent to the tract.

Water courses, marshes, rock outcrops, wooded areas, wetlands delineated in accordance with the Federal Manual for Identifymg and Delineating Jurisdictional Wetlands (January 1989), and other features of note.

Existing and proposed contours at vertical intervals of five (5) feet or, in the case of land having a slope of 2% or less, at such lesser intervals as may be necessary for satisfactory study and planning of the tract. Datum to which contour elevations refer shall be U.S. Coast and


Geologic Survey datum or such other source approved by the Municipal Engineer.

(15) Total acreage, number of lots, minimum lot areas, density, use of land, setback lines in tabular form. The applicant shall be required to delineate the various phased sections (if applicable) and sequence of final plat submissions.

(16) Parcels of land intended to be dedicated or reserved for schools, parks, playgrounds, parking areas, common open space, or other public, semi-public oE community purposes.

2. The PRELIMINARY PLAT shall be accompanied by the following data and plans.

a. Location, width and approximate grade of all proposed streets, alleys, rights- of-way and easements; lot numbers, proposed lot lines with approximate dimensions and lot areas.

b. Location of any proposed site improvements such as curbs, sidewalks, drives, street trees, fire hydrants, and, when the proposed development includes other than individual residences, the type of land use and the location of structures and parking facilities.

c. An indication of the general location of proposed water mains, sanitary sewers and storm water catch basins and lines. The preliminary size of each line should be shown as well as the locations of or distances to any existing line to be connected to, with the size of such existing lines indicated.

d. A profile of the proposed sanitary and storm sewers and water lines, with invert elevations, and connections to existing systems.

e. General plans for the collection, detention, or retention of run-off of surface water and its out-fall together with design analyses and other supporting data.

f. -

A prelimin+ soil erosion and sedimentation control plan together with a report from the County Conservation District indicating whether a permit for earth moving activity is required from the Department of Environmental Resources under the Rules and Regulations of Chapter 102.”EROSION


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CONTROL" authorized under P. L. 1987, June 22,1937, as amended. (See Section 506.1.b and 506.l.c). .

g. Where applicable, a Plan Revision Module for Land Development shall be the responsibility of the Applicant and shall be prepared in accordance with the rules and regulations of the Pennsylvania Department of Environmental Resources. The completed Module shall accompany the preliminary plat submission.

h. Where the subdivision and/or land development lies partially or completely within any identified floodplain area or district or where such activities border on any identified floodplain area or district, the preliminary plat shall include the following information:

(1) the location and elevation of proposed roads, utilities, and building sites, fills, flood or erosion protection facilities,

(2) the one-hundred (100) year flood elevations, which shall be verified by the Township Engineer.

(3) areas subject to special deed restrictions.

(4) contours at intervals of two (2) or five (5) feet depending upon the slope of the land and identify accurately the boundaries of the floodplain areas or districts.

i. Evidence in writing, where twenty-five (25) or more dwelling units are proposed in a subdivision or land development, from the school district in which the subdivision or land development is located containing the review and comments of the proposed development.

j. A copy of a report, where twenty-five (25) or more dwelling units are proposed in a subdivision or land development, indicating an estimated volume of vehicular traffic movement and the adequacy of the proposed and existing streets and highways to carry the traffic both within and beyond the proposed development and possible solutions to such problems as may be thereby identified. When less than twenty-five (25) dwelling units are proposed, such report shall be prepared by the Applicant at the discretion of the Township Engineer.

.


k. A copy of a report, where twenty-five (25) or more dwelling units are proposed in a subdivision or land development indicating the general arrangement for storm water drainage, the estimated volume to be generated and the effect of such volumes on the drainage ways or streams within the development. The report should jus* that the projected volumes can be accommodated by the existing drainage facilities or streams beyond the proposed development.

1. A copy of the storm water runoff computations and a print of the areas used in the computations shall be submitted for review by the Township Supervisors or the Township Engineer in accordance with Section 507 of this ordinance.

m. Subject to the applicable provisions of Section 604.2 of this Ordinance, the Applicant shall submit a report indicating the location, source, type and capacity of the proposed water supply to serve the proposed development. The report should include justifiable analysis that there are suffiaent aquifers to support on-site water systems to service the needs of the proposed development. The report should be signed by a registered engineer.

Section 406. FINAL PLAT PROCEDURE

1. The applicant shall, not later than six (6) months after the date of approval of the Preliminary Plat, for that portion intended to be developed, file with the Township Secretary a Final Plat. Such filing shall include, as part of the formal submission, all the material and other data required under the Final Plat specifications as listed in Section 407.l.a.(1) through 407.1.a.(20) of this Ordinance. Failure to comply with the time limitation herein provided shall make the approval of the Preliminary Plat null and void unless an extension of time is granted in accordance with Section 404.8 herein.

2. The Final Plat shall incorporate all the changes and modifications required by the Board of Supervisors; otherwise it shall conform to the approved Preliminary Plat, and it may constitute only that portion of the approved Preliminary Plat which the applicant proposes to record and develop at the time, provided that such portion conforms with all of the requirements of this Ordinance and the phasing requirements of the Municipalities Planning Code, Act 247, as amended.


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3. One (1) reproducible mylar copy of the Final Plat for the Township and nine (9) prints shall be filed by the applicant with the Township Secretary at the Board of Supervisor's meeting no less than fourteen (14) days prior to the meeting of the Planning Commission at which meeting consideration is desired. Upon filing the plat with the Township Secretary, the Applicant, following the Township Secretary receiving and officially releasing the application material, shall within three (7) working days forward a copy with the appropriate review fee to the Dauphin County Planning Commission. The Township Secretary shall likewise forward copies to the Township Engineer and may, as appropriate, forward copies to affected public utilities, school district, Dauphin County Conservation District, fire departments, emergency response agencies, and other public agencies for review and report to the Township.

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

a. 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 Ordinance 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 Article 6 have been installed in accordance with this Ordinance.

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 Ordinance, the Applicant 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 in accordance with any land use ordinance.

b. When requested by the Applicant, in order to facilitate financing, the Board of Supervisors, shall furnish the Applicant with a signed copy of a resolution indicating approval of the final plat contingent upon the Applicant 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 extension is granted by the Board of Supervisors;


C.

d.

e.

f.

g.

such extension shall not be unreasonably withheld and shall be placed in writing at the request of the developer.

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.

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

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.

The amount of financial security to be posted for the completion of the required improvements shall be equal to one hundred and ten (110%) percent of the cost of completion estimated as of ninety (90) days following the date scheduled for completion by the Applicant. 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 adjustment, the Township may require the Applicant to post additional security in order to assure that the financial security equals said one hundred and ten (110%) percent. Any additional security shall be posted by the Applicant in accordance with this subsection.

The amount of finanaal security required shall be based upon an estimate of the cost of completion of the required improvements, submitted by the Applicant 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


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h.

shown. If the Applicant 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. 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.

If the party posting the financial security requires more than one (1) year from the date of posting of the finanaal security to complete the required improvements, the amount of financial security may be increased by an additional ten (10%) 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 and ten (110%) percent of the cost of completing the required improvements as reestablished on or about the expiration of the preceding one (1) year period by using the above bidding procedure.

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

j. As the work of installing the required improvements proceeds, the party posting the financial security may request the Board of Supervisors to release or authorize the release, from time to time, of such portions of the finanaal security necessary for payment to the contractor or contractors 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 (45) day from receipt of such request within which to allow the Township Engineer to cerhfy, in writing, to the Board of Supervisors 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 (45) days 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 the Township Engineer, require retention of ten (10%) of the estimated cost of the aforesaid improvements.

k 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 the secure structural integrity 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.

1. 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.

m. 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 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


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II

5. Release from Improvement Bond.

a. When the Applicant has completed all of the necessary and appropriate improvements, the Applicant shall n o w 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.

(1) 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.

(2) 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 Applicant 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;

(3) The Board of Supervisors shall no* the Applicant, within fifteen (15) days of receipt of the Township Engineer's report, in writing by certified or registered mail of the action of said Board of Supervisors with relation thereto.

(4) The 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 disapproval or rejection.

(5) 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 Applicant shall be released from all liability, pursuant to this performance guaranty bond or other security agreement.

(6) If any portion of the said improvements shall not be approved or shall be rejected by the Board of Supervisors, the Applicant shall proceed to complete the same and, upon completion, the same procedure of notification, as outlined herein, shall be followed.


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

c. Where herein reference is made to the Township Engineer, he shall be as a consultant thereto.

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

(1) 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.

(2) 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 Township 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.

(3) The professional engineer so appointed shall hear such evidence and review such documentation as the professional engineer in his 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.

(4) 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 Resident Judge of the Court of Common Pleas of the judicial district in which


6.

7.

8.

9.

10.

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 Township 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.

(5) 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 less than the original bill by ($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 (1/2) of the fee of the appointed professional engineer.

Before acting on any subdivision plat, the Board of Supervisors may hold a public hearing thereon after public notice.

The Board of Supervisors, upon the recommendation of the Planning Commission, shall act on the Final Subdivision or Land Development Plat within ninety (90) days and as prescribed in Section 404, Paragraphs 2,5,6,7, and 8.

No changes, erasures, modifications, or revisions shall be made on any Final Plat of a subdivision or land development after approval has been given by the Board of Supervisors, and endorsed in writing on the plat, unless the plat is first resubmitted to the Board of Supervisors.

Within ninety (90) days after the date of approval of a Final Plat by the Board of Supervisors, and upon all conditions being met, the Township Engineer, Solicitor or assigned shall record an approved duplicate copy thereof in the office of the Recorder of Deeds of Dauphin County, retain the signed mylar for the Township records and return remaining recorded copies to the Applicant with the Plan Book and page numbers indicated on the plat.

Whenever plat approval by the Board of Supervisors is required, the Dauphin County Recorder of Deeds shall not accept any plat for recording unless such plat offiaally notes the approval of the Board of Supervisors and review by the Dauphin County Planning Commission. After the plat has been approved and recorded as


provided in this Ordinance, all streets and public grounds on such plat shall become a part of the Official Map of the Township.

Section 407. FINAL PLAT: SPECIFICATIONS

1. The following shall be submitted in application for review and approval of a Final Plat:

a. Nine (9) copies and one (1) mylar of the Final Plat in the form of a map or series of maps on sheets at a minimum size of 17.5" x 24", and no larger than 24" x %It, drawn to scale not smaller than one hundred (100') feet to the inch and clearly labeled "FINAL PLAT." When more than one sheet is required, an index sheet of the entire subdivision or land development shall be shown on a sheet of the same size. The Final Plat shall be drawn in ink and shall show the following:

(1) Primary control points, or description and "ties" to such control points, to which all dimensions, angles, bearings, and similar data on the subdivision or land development plat shall be referred.

(2) Tract boundary lines, right-of-way lines of streets, easements, and other right-of-way, and property lines of residential lots or parcels in unit, cooperative or condominium subdivisions and other sites with accurate dimensions, bearing, or deflection angles, and radii, arcs, and central angles of all curves.

(3) Locations and descriptions of survey monuments. All permanent reference monuments shown and described on the Plat.

(4) Name, address, telephone number and seal of the professional engineer cert@ng engineering aspects and professional land surveyor certdyng accuracy of plat survey. (As defined herein) (Example contained in Exhibit I herein.)

(5) Certification of title showing that the applic'ant is the owner of land, agent of the landowner or tenant with permission of the landowner. (Example continued in Exhibit I herein.)


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I 8 Statement by the owner dedicating streets, rights-of-way and any sites

for public uses which are to be dedicated. (Example contained in Exhibit I herein.)

Proposed Protective Covenants running with the land, if any.

Name, address and telephone number of the owner/applicant.

Street lighting facilities, as applicable.

A diagram, at a scale not less than one thousand (1,000') feet to the inch, covering sufficient area to establish the location of the site within the Township.

Lot areas and numbers to identdy each lot or parcel in unit, cooperative or condominium subdivisions and/or site.

Purpose for which sites other than residential lots or parcels in unit, cooperative or condominium subdivisions are dedicated or reserved.

The zoning district in which the property is located.

Building setback lines on all lots or parcels in unit, cooperative or condominium subdivisions and/or sites.

Water courses, marshes, rock outcrops, wooded areas, wetlands delineated in accordance with the Federal Manual for Identifying and Delineating Jurisdictional Wetlands (Tanuary 1989), and other features of note.

Fzisting and proposed contours at vertical intervals of five (5') feet or less as determined in the Preliminary Plat Stage.

Names or record owners of adjoining unplatted land.

Reference to recorded subdivision plats of adjoining platted land by record name, date, and number.

I Lykens Township Subdivision & Land Development Ordinance 4 - 22

(19) A Final Erosion and Sedimentation Control Plan pursuant to the rules and regulations of the Pennsylvania Department of Environmental Resources (Title 25, Part 1, Sub-Part C, Article 2, Chapter 102 of the Pennsylvania Code) and evidence that any required Erosion and Sedimentation Control Permit has been issued. If an Erosion and Sedimentation Control Permit is not required, the Applicant shall provide evidence that the Erosion and Sedimentation Control Plan has been reviewed by the County Conservation District Office. However, if the District Office does not desire to review the Plan, the Board of Supervisors may have the Plan reviewed by the Municipal Engineer. The cost of the review shall be paid by the Applicant.

(20) (a) prior to final approval of plat, where the proposed subdivision or land development abuts a State Highway (Pennsylvania Route or United States Route), a note shall appear on the plat which shall read:

"No building permit will be issued for any lot or parcel which will require access to a State Highway until authorized by a Pennsylvania Department of Transportation Highway Occupancy P m i t . "

(b) Where the proposed subdivision or land development abuts a Township street, evidence in writing indicating proposed driveway and street inter-sections comply with clear sight distance standards contained in this ordinance, and a note added to the plat as follows:

"No building permit will be issued until a Township Engineer has verified the sight distance and roadway access safety."

(21) Approval blocks to be signed by the appropriate officers of the Planning Commission, Board of Supervisors and Municipal Ekgineer. (Example contained in Exhibit 11 herein.)

(22) Other Data: The Final Plat shall be accompanied by the following data and plans as prescribed by the Planning Commission, Board of Supervisors or as required by the laws of the Commonwealth:

(a) Profiles of streets and alleys showing grades.


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Typical Cross Sections of each type of street, minor streets, collector, etc., showing the width of right-of-way, width of cartway, location and width of sidewalks, if required, and location and size of utility mains.

Plans and profiles of proposed sanitary and storm water sewers, with grades and pipe size indicated, and a plan of any proposed water distribution system showing pipe sizes and location of valves and fire hydrants.

Certificates of agreement to provide service from applicable utility companies.

A copy of an application for a permit for earth moving activity or a permit issued and signed by the Department of Environmental Resources as required by the Rules and Regulations, Chapter 102, "EROSION CONTROL", under P. L. 1987,1937. as amended.

In the case of subdivision and land development plans proposed for the sale of lots only, the subdivider shall include on the Final Plat, a covenant with the land assuring the implementation by the lot owners of the Erosion and Sedimentation Control Plan, and Storm Water Management Plan.

A copy of the sewage "Plan Revision Module for Land Development" approved by the Department of Environmental Resources in compliance with the requirements of the Pennsylvania Sewage Facilities Act and Section 71.16 of Chapter 71 of Title 25 of the Pennsylvania Code.

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 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 lor 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.

(i) When any portion of the tract proposed for subdivision or land development is located within an identified flood district or flood plain area, the following information shall be required as part of the Final Plat and shall be prepared by a registered engineer or surveyor:

1 - The exact location and elevation of all proposed buildings, structures, roads, and public utilities to be constructed within any identified flood plain area or district. All such maps shall show contours at intervals of two (2') feet and identify accurately the boundaries of the flood plain areas, and all be verified by the Municipal Engineer.

2- Submission of the Final Plat shall also be accompanied by al l required permits and related documentation from the Department of Environmental Resources, and any other Commonwealth agency, or local municipality where any alteration or relocation of a stream or watercourse is proposed. In addition, documentation shall be submitted indicating that all affected adjacent municipalities have been notified of the proposed alteration or relocation. The Department of Community Affairs, and the Federal Insurance Administrator shall also be notified whenever any such activity is proposed.

(j) A copy of the final storm water management plan and runoff computations, for review by the Township Supervisors and approval by the Municipal Engineer. (See Section 507)

(k) A detailed drawing of any proposed storm drainage inlets.


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(I) Such other certificates, affidavits, endorsements, or dedications as may be required by the Board of Supervisors or Planning Commission in the enforcement of this Ordinance.

Lykens Township Subdivision & Land Development Ordinance 4 - 26 I

ARTICLE 5

DESIGN STANDARDS

Section 501. APPLICATION

1.

2.

3.

4.

5.

6.

The following principles, standards, and requirements will be applied by the Board of Supervisors and Planning Commission in their review and evaluation of all subdivision and land development plat applications.

The standards and requirements contained herein shall be considered the minimum for the promotion of the public health, safety, convenience, and general weIfare.

Where literal compliance with the standards and requirements contained herein is clearly impractical, the Board of Supervisors may modify or waive such through the modification of requirements process set forth in ARTICLE 9 of this Ordinance.

Subdivision and land development plats shall give due consideration to the Township Comprehensive Plan and other "Official Plans" of the Township or to such parts thereof as may be approved.

Roposed land uses shall conform standards and requirements of the Lykens Township Zoning Ordinance, as amended.

Land subject to hazards to life, health, or property, such as may arise from fire, flood, disease, or other causes, shall not be platted for development purposes unless such hazards have been eliminated or unless the plat shall show adequate safeguards against them, which shall be approved by the appropriate regulatory agencies.

Section 502. SITE DESIGN

1. In Lykens Township, the purpose of good subdivision and site design assists in (1) creating functional and attractive developments, (2) minimizing adverse effects and impacts of development and (3) ensuring that the project will become an asset to the community. To promote this overall purpose and meet the goals and objectives of the Lykens Township Comprehensive Plan, subdivision and site plans in the Township should conform to the following site design guidelines which will result in a well-planned and constructed community. These guidelines and standards are

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intended to encourage improve site design without adding unnecessarily to development costs.

a. Before laying out lots and structures on a site, developers are encouraged to make an analysis of the site that addresses issues such as site context; geology and soil; topography; climate; existing vegetation; structures; and road networks; visual features; and past and present use of the site.

b. The design of the development should take into consideration existing local, county and regional plans for the community, as well as the Township's zoning ordinance requirements.

c. Development of the site should be based on the site analysis. To the maximum extent practicable, development shall be located to preserve natural features of the site; to avoid areas of environmental sensitivity, and to minimize negative impacts and alteration of natural features.

d. Development and improvements shall be designed to avoid adversely effecting ground water and water recharge, to reduce cut and fill; to avoid unnecessary impervious cover; to prevent flooding; to provide adequate access to lots and sites.

e. Lot and block layout and should be designed to permit the safe, effiaent, and orderly movement of vehicular and pedestrian traffic in and within the site.

Section 503. STREETS, DRIVEWAYS AND SIDEWALKS

1. General Design Standards

a. The arrangement, character, extent, width, grade, and location of all streets proposed shall conform to the Township's Official Map and Comprehensive Plan and shall be considered in their relation to existing or proposed streets, topographical conditions, the public convenience and safety, and in the appropriate relation to the proposed uses of land to be served by such streets. Where not shown on the adopted Official Map, or Comprehensive Plan, the arrangement and other design standards of streets shall conform to the provisions found herein. Further, proposed streets shall be properly related to County, Regional or State transportation plans as have been prepared and adopted .


2.

b. Proposed street arrangements shall make provisions for the continuation of existing streets in adjoining areas; the proper projection of streets into adjoining undeveloped or unplatted areas; and the continuation of proposed streets to the boundaries of the tract being subdivided.

c. When a new subdivision adjoins unsubdivided land appropriate for subdivision, then the new streets shall be carried to the boundaries of the tract to be subdivided.

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

e. Streets shall be related to the topography so as to establish usable lots and satisfactory street grades.

f. Proposed private streets (streets not offered for dedication) are prohibited.

g. Proposed private service access for purposes of providing a means of secondary access to a lot, are permitted as deemed appropriate by the Board of Supervisors and Municipal Engineer.

Street Classification

Three (3) functional classifications of streets and roads, as classified by the Township Planriing Commission in consultation with the Board of Supervisors and the Pennsylvania Department of Transportation, or as detennined in the Lykens Township Comprehensive Plan are established as follows:

a. Arterial

This classification includes highways which provide intra-county or inter- municipal traffic of substantial volumes. Generally, these highways should accommodate operating speeds of 55 miles per hour.


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b. Major Collector

This classification is intended to include those highways which connect minor streets to arterial highways and generally serve intra-county and intra- municipal traffic. They may serve as traffic corridors connecting residential areas with industrial, shopping and other services. They may penetrate residential areas. Generally, these highways should accommodate operating speeds of 35 to 55 miles per hour or under.

c. Local Roads (Minor Collector, Local Collector, Local Street)

This classification is intended to include streets and roads that provide direct access to abutting land and connections to higher classes of roadways. Traffic volumes will be low and travel distances generally short. These streets and roads should be designed for operating speeds of 25 to 35 miles per hour or under.

3. Street Widths

a. Minimum street right-of-way and cartway widths shall be required as follows:

STREET, RIGHT-OF-WAY AND CARTWAY WIDTHS

Right-of-way Street Type Width Shoulders Cartway

Arterial Streets

Major Collector Streets

Local Roads

Cul-de-sac

Turn Around of Cul-de-sac (diameter)

Marginal Access

As determined by the Governing Bod and Planning

Department of Transportation. Commission after consultation with x e Pennsylvania

60 feet 16 feet 22 feet



(8' each side)

(5' each side)

(S each side)

(26' when curbed)

(26' when curbed)

(26' when curbed)

50 feet 8 feet (4' one side)

80 feet

18 feet

Alley or Service Drive 20 feet ----- 20 feet


b. Provision for additional street width (right-of-way) may be required when determined to be necessary by the Board of Supervisors in specific cases for:

(1) Public safety and convenience.

(2) Parking in commercial and industrial areas and in areas of high density development.

(3) Widening of existing streets (right-of-way) where the width does not meet with the requirements of the preceding paragraphs.

4. Street Grades

a. The grades of streets shall not be less than the minimum or more than the maximum requirements listed below:

TvDe of Street Minimum Grade Maximum Grade

All Streets .5%

Arterial Streets As determined by the Commission after consultation with the Board of Supervisors and the Pennsylvania Department of Transportation

Major Collector .5% seven (7%) percent

. LocalRoads .5% ten (10%) percent

Alleys .5% twelve (12%) percent

b. On alleys, grades greater than ten (10%) percent shall be not more than four hundred (400') feet in length.

5. Slopes of Banks Along Streets

The slope of banks along streets measured perpendicular to the street centerline shall be no steeper than the following:


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a. One (1') foot of vertical measurement for three (3') feet of horizontal measurement for fills.

b. One (1') foot of vertical measurement for two (2') feet of horizontal measurement for cuts.

6. Partial and Half Streets

New half or partial streets shall be prohibited except where the Applicant justifies to the Township that it is essential to reasonable subdivision of a tract in conformance with the other requirements and standards of these regulations and where, in addition, satisfactory assurance for dedication of the remaining part of the street can be obtained. If permitted, a cul-de-sac shall be constructed at the end of such half street which shall be of a permanent nature, unless a temporary cul-de-sac is approved, in which case a right-of-way shall be provided for the temporary turn- around area to be located within.

7. Cul-de-sac and Dead End Streets

a. Dead-end streets are prohibited unless designed for future access to adjoining properties in accordance with Section 503.6 of this section.

b. Any dead-end street, for access to an adjoining property or because of authorized phased development, shall be provided with a temporary, all- weather turn-around within the subdivision or/and land development; and the use of such turn-around shall be guaranteed to the public until such time as the street is extended.

c. Cul-de-sac streets constructed to serve residential developments, permanently designed as such, shall not exceed five hundred (500') feet in length and shall be a minimum of two hundred fifty (250') feet. Cul-de-sac Streets shall not furnish access to more than fifteen (15) dwelling units.

d. Cul-de-sac streets constructed to serve non-residential developments shall be adequate for the type of use to be serviced as approved by the Board of Supervisors but, in no case, shall exceed seven hundred (700') feet in length or a minimum of two hundred f&y (250') in length.


e. Unless future extension of a cul-de-sac street is clearly impractical or undesirable, the turn-around right-of-way shall be placed adjacent to the tract boundary with sufficient additional width provided along the boundary line to permit extension of the street at full width.

f. All cul-de-sac streets, whether permanently or temporarily designed as such, shall be provided at the closed end with a fully paved turn-around.

g. Drainage of cul-de-sac streets shall preferably be towards the open end. If drainage is toward the closed end it shall be conducted away in an underground storm sewer.

h. Cul-de-sac streets, whether permanently or temporarily designed as such, shall provide for a twenty (20') foot snow removal easement at the end of the street for stockpiling snow during the winter months.

8. Driveways and Service Drives

a. Property access shall be provided by not less than one (1) nor more than two (2) driveways for each one-hundred (100') feet of street or private road frontage.

b. Driveways on corner lots shall not cross the street right-of-way line within forty (40') feet of the street right-of-way line of an intersecting street and in no case less than ten (lo') feet from the point of tangency when the intersecting street lines are joined by a curve.

c. Driveways constructed for non-residential developments shall not cross the street right-of-way within forty (40') feet of another driveway on the same lot; except in the case where dual access drives are deemed necessary to permit safe ingress and egress, these dimensions may be reduced to not less than twelve (12') feet between two (2) access drives.

d. Driveways shall not cross the street right-of-way within fifteen (15') feet of a fire hydrant, or within five (5') feet of a catch basin or drain inlet.

e. Each driveway shall be paved between the street cartway and the street right- of-way line for each lot.

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f.

h.

i.

k.

In order to provide a safe and convenient means of access, grades on private driveways shall be so designed to allow for the unimpeded flow of storm water runoff. In addition, driveways must be stabilized to their full width to prevent erosion. Entrances should be rounded at a minimum radius of ten (10') feet, or should have a flare construction that is equivalent to the radius at the point of intersection with the cartway edge (curb line). (Refer to Pennsylvania Department of Transportation, Guidelines for Design of Local Roads and Streets - Publication No. 70, as revised.)

All driveways shall be located, designed and constructed in such a manner as not to interfere or be inconsistent with the design and maintenance and drainage of, or the safe and convenient passage of traffic.

All driveways must have a valid highway occupancy permit from the PA Department of Transportation or Township prior to installation.

Direct access from residential lots to a major collector shall be avoided. Where such direct access cannot be avoided, adequate maneuvering and turnaround space shall be provided behind the right-of-way line.

Driveways serving single family residences shall intersect streets at angles of no less than sixty (60) degrees. All other driveways or service drives shall intersect streets at right angles, where possible, and in no instance shall such intersection be less than seventy-five (75) degrees.

The width of service drives or driveways shall be in accordance with the following standards:

(1) For multi-family residential, mobile home parks, and all nonresidential developments or subdivisions, service drives or driveways shall be no less than twenty-two (22') feet in width at the street line, and shall be clearly defined.

(2) For single family residential subdivisions, driveways shall be no less than ten (10') feet in width and no greater than twenty (20') feet in width at the street line.


1. In order to provide for safe and convenient ingress and egress points, service drives and driveway entrances shall be rounded at the following minimum radius.

(1) For multi-family residential, mobile home parks, and all nonresidential developments or subdivisions, service drives or driveways entrances shall be rounded at minimum radius of fifteen (15') feet.

(2) For single family residential subdivisions, driveway entrances shall be rounded at a minimum radius of ten (10') feet.

m. The grades on service drives or driveways shall not be less than 0.5% and shall not exceed the following:

(1) Eight (8%) percent when access is to a Major or Minor Collector Street,

(2) Ten (10%) percent when access is to a Local Collector or Local Street.

9. Horizontal and Vertical Curves

a. In order to provide adequate sight distance and ensure proper alignment of streets, horizontal and vertical curve design shall be in accordance with the Pennsylvania Department of Transportation, Guidelines for Design of Local Roads and Streets -Publication No. 70, as revised.

b. Vertical Curves shall be used in changes of grade exceeding one (1%) percent, and shall be designed for maximum visibility.

c. Where connection street lines deflect from each other at any one point by more than ten (10) degrees, the lines must be connected with a true, circular curve. The minimum radius of the center line for the curve must be as follows:

Major and Minor Collectors Local Collector and Local Roads

Minimum Radius 300 feet 150 feet

Straight portions of the street must be tangent to the beginning or end of curves. Except for Local Roads, there must be a tangent of at least 100 feet between curves.

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Lykens Township Subdivision & Land Development Ordinance '5 - 9

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10. Intersections

a. Intersections involving the junction of more than two (2) streets are prohibited.

b. Right angle intersection must be used wherever possible. However, no street shall intersect another at an angle of less than seventy-five (75) degrees.

c. Streets intersecting another street shall intersect directly opposite to each other, or shall be separated by at least one hundred fifty (150') feet between centerlines, measured along the centerline of the street being intersected.

d. Intersections shall be approached on all sides by a straight leveling area. Where the grade exceeds seven (7%) percent, such leveling areas, shall have a minimum of sixty (60') feet (measured from the intersection of the center line) within which no grade shall exceed a maximum of four (4%) percent.

e. Intersections with Major Collector streets shall be located not less than one thousand two hundred (1200') feet apart, measured from centerline to centerline, along the centerline of the Major Collector street.

11. Intersection Curve Radii

a. At intersection of streets the curbs or edge of pavement radii shall not be less than the following:

MINIMUM SIMPLE CURVE RADII

Intersection of Curb or Edge of Paving

Major Collector with Major Collector Major Collector with Local Road

35' 25' 15' Local Road with Local Road

b. Radius corners or diagonal cutoffs must be provided on the property lines substantially concentric with, or parallel to, the chord of the curb radius corners.

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Intersection Sight Distance and Clear Sight Triangles

a. Proper sight lines must be maintained at all street intersections. Adequate sight distances and areas free of view obstructions shall be provided at all intersections of streets, and for driveways intersecting a street, in accordance with Exhibit VI. Site distances must be provided with respect to both horizontal and vertical alignment. Site distances for passenger vehicles shall be measured along the center line three and one-half (3.5') feet above grade, and ten (10') feet back from the edge of the pavement.

b. No building or obstruction higher than thirty (30") inches above the grade of the center line of the street shall be permitted in this the site triangle.

Names of Streets

Names of new streets shall not duplicate existing or platted street names, or approximate such names by the use of suffixes such as 'lane", "way", "drive", "court", "avenue". In approving the names of streets, cognizance should be given to existing or platted street names within the postal delivery district served by the local post office. New streets shall bear the same name or number of any continuation of alignment with an existing or platted street.

Building Numbers for Emergency Response and Address Purposes

In order to ensure efficient identification and location of homes and residences by emergency response units, a systematic approach to residence numbering is desired. Building Numbers for residential and commercial subdivisions on existing and future Township streets shall be coordinated with existing residence address ranges where possible. The applicant shall present proposed street address ranges to the Township Planning Commission for review and recommendation. The U. S . Postal Service should be consulted as may be necessary.

Sidewalks and Pedestrian Circulation

a.

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In subdivisions and land developments, sidewalks and other walkways to public areas should be placed parallel to the street, except where the sidewalk may conflict with naturally sensitive areas.


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b. Sidewalks and pedestrian paths may be located away from the road system to link dwellings to other dwellings, the street, and other public and private activities such as parking areas and recreation areas and other public facilities.

Section 504. EASEMENTS

1.

2.

3.

4.

Easements shall be provided for drainage facilities, overhead or underground utility facilities in consultation with the Municipal Engineer, the Pennsylvania Department of Transportation, and the appropriate utility companies.

a. The minimum width of easements shall be twenty (20') feet for underground public utility facilities and overhead public utility facilities. The minimum width of easements for sanitary sewer facilities shall be tlurty (30') feet. Additional width may be required by the Board of Supervisors depending on the purpose and use of the easements.

b. Wherever possible such easements shall be centered on the side or rear lot lines, or along the front lot lines.

Where a subdivision and/or land development is traversed by a watercourse, drainage way, channel or stream, there shall be provided a drainage easement conforming substantially with the line of such watercourse, drainage way, channel or stream. In no case shall any drainage easement be less that thirty (30) feet in width, in order to preserve the unimpeded flow of natural drainage or for the purpose of widening, deepening, relocating, improving or protecting such drainage facilities, or for the purpose of installing a storm water sewer (See Section 508).

Where environmentally sensitive features are determined within a subdivision or land development in accordance with the Lykens Township Zoning Ordinance, a conservation easement conforming to environmental area and overlay district shall be provided.

Where necessary for access to public land, common lands, or open space established in accordance with the Township Zoning Ordinance, a pedestrian easement shall be provided with a width of no less than ten (10) feet. Additional width may be required by the Board of Supervisors depending on the purpose and use of the easement.


Section 505. BLOCKS

1. The length, width, shape, and design of blocks shall be based on the site analysis and the intent of use proposed for the site (Section 502).

2. Blocks shall not exceed one thousand two hundred (1200') feet in length.

3. Interior pedestrian walks shall be required in blocks exceeding six hundred (600') feet in length to provide for pedestrian circulation or access to community facilities and other portions of the development. Such walks shall be stabilized for a width of not less than four (4') feet, shall be located in easements not less than ten (10') feet in width, and shall, insofar as possible, be located in the center of any such block.

Section 506. LOTS

1. General Standards

a. Insofar as practical, side lot lines should be at right angles to straight street lines or radial to curved street lines.

b. Where feasible, lot lines should follow municipal boundaries rather than cross them, in order to avoid jurisdictional problems.

c. If, after subdividing, there exists remnants of land, they shall be either:

(1) Incorporated in existing or proposed lots; or

(2) Legally dedicated to public use, if acceptable to the Township.

2. Lot Frontage

a. All lots shall abut a public street, existing or proposed.

b. Double or reverse frontage lots shall be avoided except where required to provide separation of residential development from major streets or to overcome specific disadvantages of topography or orientation.

No residential lots shall be created which front upon a limited access highway.

c.


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3. Dimension and Areas of Lots

The dimensions and areas of lots for subdivions and land developments shall conform to standards and requirements of the Lykens Township Zoning Ordinance, as amended.

Section 507. EROSION AND SEDIMENTATION CONTROL

1.

a.

b.

C.

d.

General Requirements and Standards

In the event that any person shall intend to make changes in the contour of any land or engage in earth moving activity that affects 25 acres or more, whether for subdivision, land development or any purpose, such person, who is required to obtain an Earth Disturbance Permit, shall obtain such a permit from the Department of Environmental Resources in accordance with the requirements of the "Rules and Regulations", Chapter 102, EROSION CONTROL authorized under P. L. 1987, June 22,1937.

Construction and land development activity involving earth desturbances of 5 acres or more require the "general" National Pollutant Discharge Elimination System (NPDES) permit, or the "individual" NPDES Permit. The applicant shall be responsible to prepare and forward all applicable erosion and sedimentation control plan information and other data to the appropriate County and State Agencies.

The Township shall not issue a building permit to those engaged in earth moving activities requiring a Department of Environmental Resources permit or other NPDES permits, until the Department has reviewed and issued any applicable permit.

An Erosion and Sedimentation Control Plan must be prepared for a single lot or more where subdivision, land development or other earth moving activity is proposed. The plan must be submitted:

(1) as required by the Rules and Regulations of the Department of Environment Resources noted above and;

(2) as required by the Pennsylvania Clean Streams Law, Act 222, July 31, 1970, as amended.


e. Such Erosion and Sedimentation Control Plan shall be submitted to the Township Engineer and the Dauphin County Conservation District for review, and a copy of the Plan and review comments shall be submitted to the Commission as part of the Preliminary and Final Plat Applications.

In the preparation of Erosion and Sedimentation Control Plans the person preparing such plans shall consult with the Dauphin County Conservation District to determine the measures needed to control erosion and sedimentation. The "Erosion and Sediment Pollution Control Program Manual, prepared by the Pennsylvania Department of Environmental Resoureces in accordance with Chapter 102 shall be used in the preparation of such plans. Copies are available in the Dauphin County Conservation District office.

f.

Section 508. STORM WATER MANAGEMENT

1. Purpose: The purpose of Section 508 is to;

a. Promote the general health, welfare and safety of residents in Lykens Township;

b. Regulate the modification of the natural terrain and alternation of existing drainage from new subdivisions and developments in order to control erosion and sedimentation of soils and preserve stream channels; and

e. Provide design, construction and maintenance criteria for permanent on-site I storm water management facilities for the purpose of controlling storm water, erosion and sedimentation.

This article does not imply that areas within or outside any identified flood- prone areas shall be free from flooding or flood damage.

2. Applicability

No person, partnership, business or corporation shall undehake any of the following activities without written approval from Lykens Township:


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3. +

4.

a.

b.

C.

d.

e.

f.

g.

h.

Earth disturbing activity involving one (1) acre or more, except agricultural activity, provided such activity conforms to USDA Soil Conservation Service guidelines;

Diversion or piping of any natural or manmade stream channel;

Installation of storm water systems or appurtenances thereto;

Movement or alteration to an existing storm water management system, included but not limited to, pipes, swales, basins, infiltration trenches, etc;

Placement of fill, structures or pipes in the floodplain as designated on the official flood plain map, and as may be documented by other pertinent sources of flood plain information used by the Township;

Land development;

land subdivisions; or

Installation of impervious cover totalling 6,000 square feet or more on a single lot, or two or more lots when proposed as part of an overall plan.

The Township may waive the requirements of this Article for residential subdivisions involving not more that one (1) lot; however, no successive one lot phases shall be permitted.

Township Liability

The degree of storm water management sought by the provisions of this Section is considered reasonable for regulatory purposes. This Section shall not create liability on the part of the Township, any appointed or elected official of the Township, the Dauphin County Conservation District, or any officer, engineer or employee thereof for any erosion, sedimentation or flood damages that may result from reliance on this article or any administrative decision lawfully made thereunder.

Content of the Storm Water Management Plan

All subdivision and/or land development applications shall include a storm water management plan. The storm water management plan shall be submitted in


mapped and tabular form and shall identify all proposed storm water management facilities and supportive information outlined in this Section. Storm water management data shall be prepared by an engineer or landscape architect registered in the Commonwealth of Pennsylvania to perform such duties. A certificate of accuracy must accompany storm water management plans, and a signature and seal of the engineer or landscape architect responsible must appear on the plan. For Subdivision and Land Development activities, the Storm Water Management Plan shall be included as part of the total subdivision and land development submission(s) to the Township and shall include the following items:

a.

b.

C.

d.

e.

f.

g.

h.

A general statement describing the project.

Existing and finished contours, two (2) foot intervals, except in areas where slope is greater than fifteen (15) percent, in which case the contour interval shall be five (5) feet;

Boundary lines of the project area; and

Existing drainage on project and adjoining properties such as floodplain, streams, lakes, ponds and easements;

All calculations, assumptions, criteria, and references used in the design of the storm water management facilities, the establishment of existing facilities capacities, and the pre- and post-development discharges.

All plans and profiles of the proposed storm water management facilities, including horizontal and vertical location, size and type of material.

For all basins, a plotting or tabulation of the storage volumes and discharge curves with corresponding water surface elevations, inflow hydrographs, and outflow hydrographs.

The guidelines for lot grading within the subdivisions. This information shall identdy the direction of storm water runoff flow within each lot and the areas where storm water runoff flows will be concentrated. This information shall be shown by flow arrows or topographical data

5. General Design Guidelines for Storm Water Management Facilities


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a. In the interest of (1) reducing the total area of impervious surface; (2) preserving existing features which are critical to storm water management; and (3) reducing the concentration of storm water flow, the designer should consider the best utilization of land for the least disturbance of natural features, resources and terrain.

b. Existing on-site natural and manmade storm water management facilities should be utilized when and where possible.

c. Innovative storm water management and recharge facilities may be proposed (e.g., rooftop storage, drywells, cisterns, parking lot ponding, recreation area ponding, diversion structures, aeration of lawns, porous pavements, holding tanks, infiltration systems, stream channel storage, in-line storage in storm sewers, and grading patterns), provided they are accompanied by detailed engineering plans and performance capabilities.

6. Minimum Design Standards

a. Storm water management facilities shall be designed so that the peak discharge of calculated post-development runoff to an adjacent property does not exceed the peak discharge of the calculated pre-development runoff for the required storm frequencies. The design plan and construction schedule must incorporate measures to minimize soil erosion and sediment ation.

Storm Frequency: Storm frequency refers to the average interval expected between storms of a specific duration and intensity. Because it is not economically sound to provide facilities that can manage the greatest storm on record unless danger to life may be involved, property may be destroyed, or traffic flow on main highways may be interrupted, the runoff calculations for the post-development and pre-development comparison shall use both the two (2) and ten (10) year frequency storm events unless, as stated above, danger to life, property, or traffic may be involved.

In these cases, the Township may require the comparison, design, and storage of a greater storm event and/or the comparison of a greater post development storm event with a smaller pre-development storm event. In all cases lands within the project which are farm fields shall be considered as under good conservation treatment.


AU cultivated and tilled lands shall be considered to be cultivated land with conservation measures in good hydrologic condition, and all pasture or meadow lands shall be considered to be in good hydrologic condition. In cases where impervious cover exists, the Township Engineer, at the request of the Board of Supervisors, will determine the characteristics of the pre-developed site for appraising stormwater management requirements.

b. The design of storm sewer facilities (i.e. pipes, inlets, etc.), grass waterways, open channels, swales, and all other water carrying facilities shall be based upon a post ten (10) year frequency storm event, unless the Township requires up-grading, as stated above. Cross culverts under Township roads shall be designed for a post development twenty-five (25) year storm.

C. Storm water shall not be transferred from one watershed to another, unless (1) the watersheds are sub-watersheds of a common watershed which join together within the perimeter of the property; (2) the effect of the transfer does not alter the peak discharge onto adjacent lands; or (3) easements from the affected landowner are provided.

d. Runoff calculations shall be based upon the USDA Soil Conservation Service Soil-Cover-Complex Method, the Rational Formula of Q=CIA for drainage areas of 1.5 square miles or less, or any other method acceptable to the Board of Supervisors. If the Soil-Cover-Complex Method is used, storm water runoff shall be based on the following 24-hour events:

Storm Event Inches of Rainfall

2 years 2.9

10 years 4.8 25 years 5.2

100 years 6.5

5 years 3.9

50 years 5.9

SOURCE: U.S. Weather Bureau, Rainfall Frequency Areas of the United States, Weather Bureau Technical Paper No. 40,1961.


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If the Rational Method is used, the Rainfall Intensity-Duration-Frequency Chart shown above shall be used to compute the rainfall intensity inches per hour.

Consideration shall be given to the relationship of the subject property to the drainage pattern of the watershed.

A concentrated discharge of storm water to an adjacent property shall be within an existing watercourse or enclosed in an easement.

The proposed storm water discharge at the perimeter of the site shall not be beyond the capacity of any existing, immediately contiguous, storm water management facility into which it flows.

Retention basins and detention basins, except sediment basins, shall be designed with a primary outlet discharge that is less than or equal to the pre- development peak discharge of a two (2) and ten (10) year storm event. Basins should also be designed to safely discharge the peak discharge of a post-development on hundred (100) year frequency storm event through an emergency spillway. All outlets shall be combined in a manner which will not damage the integrity of the basin or the downstream drainage area. Retention and detention basin designed shall be based on the difference between a twenty-five (25) year post and twenty-five (25) year pre- development storm event.

Retention basins and/or detention basins, and water carrying facilities shall be stabilized promptly.

Retention basins and/or detention basins shall be designed and maintained to insure the design capacity after sedimentation has taken place.

Basins which are not designed to release all storm water shall be specifically identified as retention basins or permanent pond basins. All other basins shall have provisions for dewatering, maintainable conditions. Low flow channels and tile fields may be used to dewater the bottom of a basin.

Retention basins and/or detention basins which are designed with earth fill dams shall incorporate the following minimum standards:


(1) The height of the dam shall not exceed eight (8) feet, unless a written modification request is approved by Township Supervisors after consultation with the Township Engineer.

(2) The minimum top width of all dam breast shall be eight (8) feet.

(3) The side slopes of the settled earth fill shall not be less than three (3) horizontal to one (1) vertical.

(4) A cutoff trench of impervious material shall be provided under all dams, with side slopes of three (3) horizontal to one (1) vertical or flatter. The dam with flatter sides shall be provided with a key trench.

(5) All pipes and culverts through dams shall have properly spaced concrete cutoff collars or factory welded anti-seep collars.

(6) A minimum one (1) foot freeboard above the design elevation of the water surface at the emergency spillway shall be provided.

(7) Fencing at an adequate height to protect the public from entering any retention or detention basin shall be provided.

m. The capacities of pipes, gutters, and swales shall be calculated by the Manning Equation or any other method or equal caliber which is acceptable to the Township Engineer.

n. Manholes and inlets, when proposed, shall not be spaced more than six hundred (600) feet apart. Additionally, manholes shall be placed at points of abrupt changes in the horizontal or vertical direction of storm sewers. Inlets may be substituted for manholes where they will serve a useful purpose.

0. Curved pipes, tee joints, elbows, and wyes are prohibited except for pipes with at least a 36-inch diameter or height.

p. Piping. AU piping used in the storm drainage system shall be smooth wall plastic or reinforced concrete. A minimum pipe size of fifteen (15) inches in diameter shall be used in all roadway systems (public or private) proposed for construction in the Township. A minimum pipe size of twelve (12) inches in diameter for on-site surface drainage requirements, is permitted on private


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facilities which receive no off-site drainage. Pipes shall be designed so as to provide a minimum velocity of two and one-half (2 V2) feet per second when flowing full. Arch pipe may be used in lieu of round pipe where cover or utility conflict conditions exist.

All storm drainage piping discharging to the ground surface shall be provided with either reinforced concrete headwalls or plastic pipe end sections compatible with the pipe size involved. A rip-rap apron of adequate length shall be provided at a l l surface discharge points in order to minimize erosion. The apron shall extend to the crown of the pipe.

q. The maximum velocity of storm water runoff shall be maintained at levels which result in a stable channel both during and after channel construction. The following are characteristics of a stable channel:

(1) It neither aggrades or degrades beyond tolerable limits.

(2) The channel banks do not erode to the extent that the channel cross- section is changed appreciably.

(3) Excessive sediment bars do not develop.

(4) Excessive erosion does not occur around culverts and bridges or elsewhere.

(5) Gullies do not form or enlarge due to the entry of uncontrolled storm water runoff.

r. Where the velocity of storm water runoff exceeds the allowable velocity, an erosion protection facility must be provided as follows:

Rip-rap size shall be determined by the flow velocity leaving the system as follows:

Flow Velocity Average Stone Size Ifeethecond) (Inches)

6 to 9 8-12 Greater than 9

* Upto6 6 -8

Specialized Design Required

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All precautions should be taken to limit the discharge velocity from storm drainage systems to six (6) feet per second. Baffle systems, drop manholes or other appurtenances should be used to control velocity.

s. Grass lined channels shall be considered stable if the calculated velocity does not exceed the allowable velocities shown below:

(1) Three (3) feet per second where only sparse vegetation can be established and maintained because of shade or soil conditions, and for al l roadside swales.

(2) Four (4) feet per second where normal growing conditions exist and vegetation is to be established by seeding.

(3) Five (5) feet per second where a dense, vigorous sod can be quickly established or where water can be temporarily diverted during establishment of vegetation. Netting and mulch or other equivalent methods for establishing vegetation shall be used.

(4) Six (6) feet per second where there exists a well established sod of good quality. These calculated grass lined channel flows may be exceeded if the designer can provide supportive design criteria as proof of erosions prevention.

t. Inlets. Storm drainage inlets shall be provided at all low points and hydraulically intermediate points on a system. Location and spacing of inlets

' shall be based on the hydraulic capacity of each inlet related to the flow received and amount of flow bypassed from upstream inlets. Inlets shall be placed so street drainage shall not cross intersections or street crowns.

All street inlet tops shall be the combination curb and gutter inlet referred to as PennDOT Type "c", with a ten inch curb reveal to allow an automatic depressed condition to exist when used on an eight inch curb. All inlet tops shall be precast concrete with heavy duty steel bicycle safe grating. Weep holes shall be provided on all inlet tops. In private areas, streets and yard areas with no curbing, Type I ' M inlet tops shall be used.

Inlet boxes shall be precast or cast in place concrete only. All pipes entering or exiting inlets shall be cut flush with the inlet wall.


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u. Roof Leaders, Foundation Drains, Basin Drains, Springs and Sump Pumps. All roof leaders shall be connected to the storm sewer system or where site conditions permit, be drained overland to street or yard areas. Foundation drains, sump pumps and springs shall be connected directly to the nearest practical storm sewer system. In order to reduce runoff from developed areas, underground basin drains (infiltration trenches) are permitted to which roof leaders may be connected. These drains consist of fabric lined, stone- filled basins which temporarily store and release water below ground surface. Plans for such basins shall be submitted to the Township Engineer for approval, and the basins shall be used only in those areas where soils, geologic and water table conditions permit.

All underground or surface springs encountered during or after construction of roadways or buildings shall be adequately piped or drained to the nearest storm drainage system. The Township Board of Supervisors and Township Engineer shall be contacted when a spring is encountered. The Engineer shall make a site investigation and make written recommendations to the developer for correcting the problem. Such recommendations shall be binding on the developer unless the Board of Supervisors, upon the request of the developer, agree to permit an alternative solution.

Sub-base drains shall be provided at all low points in cut areas, tow of slope areas and other areas as dictated by proven engineering principles and design judgment. Sub-base drains shall be designed and constructed in accordance with the Pennsylvania Department of Transportation Design Criteria and Form 408 Specifications. AU Drains shall be connected to a storm drainage system.

All land development projects shall be designed and constructed in order to provide proper drainage of storm water runoff. AU lots and open areas shall be designed to drain to the nearest practical street or drainage system with minimal impact on adjoining properties, unless and area specifically designed or storm water detention is provided.

v. Compliance with Department of Environmental Resources (DER) Chapter 105 Regulations.

A DER permit in accordance with Chapter 105 shall be required for any obstruction or encroachment in the regulated waters and wetlands of the


Commonwealth, prior to the approval of the final plan. AU areas of the Township shall be classified as suburban or urban (see DER Section 105.141) for bridge and culvert designs. In the event any question or conflict arises between this article and the DER Chapter 105 Regulations, the design criteria contained in the DER regulations shall govern.

w. Compliance with Pennsylvania Department of Transportation Form 408 Specifications. All materials, workmanship and methods of work shall comply with the Pennsylvania Department of Transportation Form 408 specifications, as accepted and commonly used by Township. Requests for modification of requirements for relief of the requirements of this Article and, or the Form 408 Specifications shall be approved by the Township Supervisors after consultation with the Township Engineer.

x. Easements. Drainage easements shall be provided along all areas where storm water runoff from land development facilities is proposed. The easements shall run from the origin of such facilities through all areas of a project where piping, swales or natural watercourses exist. In the event that runoff from a project is to discharge to other than a natural watercourse on an adjoining property, appropriate easement agreements shall be executed by the developer with adjoining property owners. In no case shall any drainage easement be less that thirty (30) feet in width.

7. Ownership and Maintenance

Before the Township grants approval of the Storm Water Management Plan and, or Final Plan applications, the applicant shall provide for the dedication of the permanent storm water facilities to the Township, or have written agreement with the Township outlining the ownership and maintenance of such facilities.

a. When permanent storm water management facilities, right-of-ways, and access easements to these facilities are dedicated to the Township, it shall be the Township's responsibility to maintain these facilities.

b.

A

In cases where permanent storm water management facilities are owned by an entity other than the Township (home owners assouation, land owner, corporation, partnership,etc.), it shall be the responsibility of that entity to maintain the facilities. In such cases, a legally binding agreement between the owner and the Township shall be made providing for maintenance of all


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permanent storm water management facilities. The agreement shall include provisions providing for the inspection of all facilities by the Township on an annual basis, and after each major flood event, where facilities are critical to the public welfare. In addition, the applicant shall present to the Township a copy of restrictions and agreements with an affidavit stating that such restrictions and agreements shall be added to the deed of conveyance to each grantee to whom property of the development is to be conveyed.

Section 509. NATURAL FEATURES PRESERVATION


The design and development of all subdivision and land development plans shall preserve, whenever possible, natural features which will aid in providing open space for recreation and conditions generally favorable to the health, safety and welfare of the residents of the Township. These natural features include; the natural terrain of the site, woodland areas, large trees, natural watercourses and bodies of water, wetlands, rock outcroppings and scenic views.

2. Tree Preservation and Planting

a. Trees, with a caliper of six (6") inches or more as measured at a height of four and one-half (4 1/2) feet above existing grade, shall not be removed unless they are located within the proposed cartway, driveway, or sidewalk portion of the street right-of-way, or within fifteen (15') feet of the foundation area of a proposed building, or as required by the Sewage Enforcement Officer for installation of an on-lot septic system. In areas where trees are retained, the original grade level shall be maintained, if possible, so as not to disturb the trees.

b. Where existing trees are removed along the street right-of-way, supplemental planting, in the form of appropriate street trees, shall be introduced. Such trees shall be planted at intervals of between fifty (50') feet and one hundred (100') feet, preferably in random patterns.

c. '

When deemed necessary by the Board of Supervisors upon recommendation of the Planning Commission, a Landscape Plan will be developed for the subdivision or land development. Such plan shall indicate the vegetation or plant cover which exists and, on the same or separate sheet, the vegetation or plant cover which will exist when landscaping is completed.

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Lykens Township ~

Subdivision & Land Development Ordinance 5 - 26

d.

Stream Frontage and Wetland Preservation

Diseased and dead trees may be removed to minimize any safety hazard.

3.

a. A maintenance easement for the Township, with a minimum width of tlurty (30') feet, shall be provided along all stream banks. Such easement, in all cases, shall be of sufficient width to provide proper maintenance.

b. Stream frontage shall be preserved as open space whenever possible.

c. Access shall be provided to the water and maintenance easement area. The width of such access points shall not be less than thirty (30') feet.

4. Topography

a. The existing natural terrain of the proposed subdivision tract shall be retained whenever possible. Cut and fill operations shall be kept to a minimum.

Section 510. DESIGN STANDARDS IN FLOODPLAINS


a. Where not prohibited by this or any other laws or ordinances, land located in any identified floodplain area or district may be platted for development with the provision that the Applicant construct all buildings and structures to preclude flood damage in accordance with this and any other laws and

' ordinances regulating such development.

b. Building sites for residences or any other type of dwelling or accommodation shall not be permitted in any identified floodway area or district. Sites for these uses may be permitted outside the floodway if the structures are elevated one and one-half (1 U2') feet above the Regulatory Flood Elevation. If fill is used to raise the elevation of a site, the fill area shall extend out laterally for a distance of at least fifteen (15') feet beyond the limits of the proposed structures.

c: Building sites for structures or buildings other than for residential uses shall not be permitted in any identified floodway area or district. Also, such sites for structures or buildings outside the floodway shall be protected as provided for in 'b" above. However, the Board of Supervisors may allow the subdivision and/or development of areas or sites for commercial and


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industrial uses at an elevation below the Regulatory Hood Elevation if the Applicant otherwise protects the area to that height or assures that the buildings or structures will be floodproofed at least up to that height.

d. When an Applicant does not intend to develop the plot himself and the Township determines that additional controls are required to insure safe development, it may require the Applicant to impose appropriate deed restrictions on the land. Such deed restrictions shall be inserted in every deed and noted on every recorded plat.

e. If the Township determines that only a part of a proposed plot can be safely developed, it shall limit development to that part and shall require that development proceed consistent with this determination.

2. Excavation and Grading

Where any excavation or grading is proposed or where any existing trees, shrubs or other vegetative cover will be removed, the Applicant shall consult the County Conservation District representative concerning plans for erosion and sedimentation control and to also obtain a report on the soil characteristics of the site so that a determination can be made as to the type and degree of development the site may accommodate.

3. Drainage Facilities

Storm drainage facilities shall be designed to convey the flow of storm water runoff in a safe and efficient manner. The system shall insure proper drainage along streets, and provide positive drainage away from buildings.

Plans shall be subject to the approval of the Township. The Township may require a primarily underground system to accommodate frequent floods and a secondary surface system to accommodate larger, less frequent floods. Drainage plans shall be consistent with local and County drainage plans. The facilities shall be designed to prevent the discharge of excess runoff onto adjacent properties. (See Section 507)

4. Streets and Driveways

The finished elevation of proposed streets and driveways shall not be more than one (1') foot below the Regulatory Flood Elevation. The Township may require profiles


and elevations of streets to determine compliance with the requirements. Drainage openings shall be sufficient to discharge flood flows without unduly increasing flood heights.

5. Sanitary Sewer Facilities

All sanitary sewer systems located in any designated floodplain district, whether public or private, shall be floodproofed up to the Regulatory Hood Elevation. On-lot sewage systems shall not be permitted in the identified flood plain.

6. Water Facilities

All water systems located in any designated floodplain district, whether public or private, shall be floodproofed up to the Regulatory Flood Elevation.

7. Other Utilities and Facilities

All other public and private utilities including gas and electric shall be elevated or floodproofed to not less than one and one-half (1 U2') feet above the Regulatory Flood elevation.

Section 511 RECREATION AND OPEN SPACE REQUIREMENTS

Reserved for future use.

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ARTICLE 6

IMPR OVEMEN TS AND CON STRUCTION R EOUIREMENTS

Section 601. IMPROVEMENTS REQUIRED

The applicant shall provide all improvements required by these regulations. The specifications for the improvements contained herein, the engineering specifications ordinance of the Township, or applicable state agency roles and regulations, shall apply.

Section 602. MONUMENTS AND MARKERS

1. Monuments must be set:

a. At the intersections of all street right-of-way lines;

b. At the intersections of lines forming angles in the boundaries of the subdivision;

c. At the intermediate points as may be required by the Township Engineer;

2. Markers must be set:

a.

b.

At all corners except those monumented;

By the time the property is offered for sale.

3. Monuments and markers shall be the following sizes and made of the following materials;

a. Monuments shall be six (6") inches square or four (4") inches in diameter and shall be tlurty (30") inches long. Monuments shall be made of concrete, stone or by setting a four (4") inch cast iron or steel pipe filled with concrete.

b. Markers shall be three quarters (3/4") of an inch square or three quarters (3/4") of an inch in diameter and fifteen (15") inches long. Markers shall be made of iron pipes or iron or steel bars.


4.

5.

6.

Monuments and markers must be placed so that the scored or marked point coincides exactly with the point of intersection of the lines being monumented. They must be set so that the top of the monument or marker is level with the finished grade of the surrounding ground. Monuments must be marked on top with a copper or brass plate or dowel set in the concrete.

In locations to be affected by street construction and final grading operations, the permanent monuments must be established prior to final acceptance by the Township of the proposed roadway within the subdivision. However, before approval of the Final Plat and to further guarantee the placement of permanent monuments in the above stated areas, the Applicant shall comply with the financial security provisions of this ordinance.

Removal - Any monuments or markers that are removed must be replaced by a Registered Surveyor at the expense of the Developer, and/ or Owner.

Section 603. STREET CONSTRUCTION

1. Pavements and Construction

Streets shall be designed in accordance with Article 5 herein and shall be surfaced to the grades and dimensions drawn on the plans, profiles, and dimensions drawn on the plans, profiles, and cross-sections submitted by the Applicant and approved by the Board of Supervisors. Before paving the street surface, the Applicant shall install the required utilities and provide, where necessary, adequate underdrains and stormwater drainage for the streets, as acceptable to the Board of Supervisors and Township Engineer. The pavement base and wearing surface must be constructed according to the following specifications.

a. Subgrade

(1) No base course shall be placed on wet, frozen or unsuitable material. Unsuitable material is defined in the Pennsylvania Department of Transportation, Publication 408, as amended.

(2) Subgrade in fill area shall be compacted in not more than eight (8") inch layers with a minimum roller weight of ten (10) tons or equivalent compaction.


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b.

Subgrade that has been disturbed by trenching shall be backfilled with material acceptable to the Township Engineer and compacted in not more than eight (8") inch layers and inspected by the Township Engineer or his designated agent.

Unsuitable material in subgrade shall be removed and replaced with material acceptable to the Township Engineer.

The moisture content at the time of compaction and density of the finished subgrade shall be in accordance with the specifications as set forth in the Pennsylvania Department of Transportation, Publication 408, as mended.

Any springs or spongy areas shall be removed and replaced with ballast rock or other suitable backfill and, or suitable geotextile fabric design acceptable to the Township Board of Supervisors and Township Engineer.

Subgrade shall be inspected by the Municipal Engineer or his designated agent prior to the placement of the base course.

Base Course

Arterial Streets

For the construction of arterial roads or highways the Applicant shall consult the Planning Commission and Board of Supervisors and be governed by the Pennsylvania Department of Transportation for the method of construction to be used.

Collectors and Local Roads

The base course for Major Collectors, Minor Collectors, Local Collectors, Local Roads and other Road facilities shall be consistent with Table 2.1 of PA DOTS Publication 70 "Guidelines for the Design of Local Road and Streets" as amended, (See Exhibit W)

Base course shall be inspected by the Township Engineer or his designated agent prior to the placing of binder course.


(4) The base shall have binder applied as soon as possible to avoid damage.

(5) All foreign material shall be removed from the base course prior to placing the binder course.

(6) The base shall be compacted with a vibrating tamper or vibrating roller.

(7) The Board of Supervisors shall decide if a collector or arterial street is required as a direct result of the subdivision or land development in which case the Applicant is responsible for paving the additional width required.

C. Surface Course

(1) Collectors and Local Roads

The surface course for collector roads and local roads shall be consistent with Table 2.1 of the Pennsylvania Department of Transportation's Publication 70 "Guidelines for the Design of Local Roads and Streets" as amended. (See Exhibit VII).

(2) The surface course shall be sealed wherever it comes in contact with another structure (i.e. curb, manhole, inlet, etc.). This work shall be done in accordance with the specifications as set forth in the Pennsylvania Department of Transportation, Publication 408, as amended.

(3) The surface course shall be inspected by the Township Engineer or his designated agent after completion of all work.

d. Shoulders

(1) The base course shall consist of six (6") inches of compacted stone, gravel or slag constructed in accordance with the specifications as set forth in the Pennsylvania Department of Transportation, Publication 408, as amended. The bituminous seal coat shall be constructed in



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accordance with the applicable requirements of the Pennsylvania Department of Transportation, Publication 408, as amended.

e. Driveway Entrances

(1) Driveway entrances or aprons within the street right-of-way shall be surfaced to their full width. In no case shall the driveway entrance be more than ten (10) feet wider than the driveway. The type of surface to e either plain cement concrete, minimum depth of six (6") inches or the same as specified in Section 603.l.d, "Shoulders". Where sidewalks are installed, the required driveway surfacing shall end at the street side of the sidewalk.

(2) Driveway entrances along streets where curbs are not required, shall be constructed to provide proper drainage along the streets and from the streets by the continuation of gutters, swales or ditches. Such continuation may be provided by having an approved pipe of not less than eighteen (18") inches in diameter across such driveway entrances.

(3) Driveway entrances along streets, where curbs are not required, shall be constructed so that the driveway meets the edge of the cartway as a continuation of at least the slope from the crown of the street for not less than five (5') feet.

(4) Where proposed driveways provide access onto a State Highway (Pennsylvania Route or United States Route) the design of such driveway access and drainage shall be prepared in accordance with the Pennsylvania Department of Transportation and shall be subject to the approval and issuance of permits by the Department.

(5) Vertical curb height at driveway entrances may be reduced to a minimum of one inch for driveway entrances along streets where curbs are required. Sidewalks across driveway entrances, where required, shall be constructed in accordance with the requirements in Section 607 herein.

(6) Where a lot has frontage on a local road and a major collector or arterial street, the driveway entrance shall be from the local road and not from the major collector or arterial street.


f. Underdrain

(1) Underdrain shall be constructed in accordance with the specifications as set forth in the Pennsylvania Department of Transportation, Publication 408, as amended, and as detailed on the Roadway Construction Standard Drawings (RC-30).

(2) Combination storm sewer and underdrain shall be constructed in accordance with the specifications as set forth in the Pennsylvania Department of Transportation, Publication 408, as amended, and as detailed on the Roadway Construction Standard Drawings (RC-30).

(3) Underdrain pipe shall be six (6") inch flexible plastic pipe, and should be constructed in accordance with the standards set fourth in Pennsylvania Department of Transportation, Publication 408, as amended, unless otherwise approved by the Township Engineer.

(4) Underdrains or combination storm sewer and underdrain shall be constructed where required by the Township Engineer or the Board of Supervisors.

(5) Underdrain shall be inspected by the Township Engineer or his designated agent after completion of all work, just prior to the base course application.

g. Handicapped Accessibility

(1) Unless waived by the Board of Supervisors, intersection curb cuts shall be provided where sidewalks and curbs are required.

Section 604. SEWER AND WATER SYSTEMS

1. Sewer Systems

a. Where a public sanitary sewerage system exists within one thousand (1,000') feet of the development site, the Applicant must install a complete sanitary sewerage system within the development as required to connect the site to the available sanitary sewerage system. Where a public sanitary sewage system does not currently exist within one thousand feet (1,000') of the


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development site,but in the opinion of the Board of Supervisors wiU become available within five (5) years, the Applicant shall install a complete sanitary sewerage system within the development. A complete sanitary sewerage system shall include, but not be limited to, a collector main installed in the street or approved right-of-way; lateral installations to the rights-of-way lines of streets, lot or parcel property lines or sewer easement rights-of-way lines, whichever pertains to the individual situation. AU termini shall be capped in a manner that will insure that all collector mains, laterals, and house connections shall be watertight pending connections with the public sanitary sewer system. The system shall be designed by a Registered Engineer and approved by the Township Engineer. The Township Engineer shall inspect construction of all sanitary sewers to assure that said sewers will coordinate and have congruity with the Township's overall comprehensive sewer plan. AU sewage pumping stations, interceptors and treatment plants to be installed by the Applicant at the Applicant's expense shall be reviewed and approved by the Township Engineer, who shall inspect the construction thereof.

b. When a public sanitary sewerage system is installed and capped by the Applicant, the Applicant may also install on-site sewage disposal facilities provided that the system is designed to provide connection to the public sewer when it becomes operable.

c. Design, approval of design, supenrision and inspection fees for services rendered on behalf of the Applicant by the Township Engineer shall be paid by the Applicant in accordance with the fee schedule attached hereto and made a part of this Ordinance by reference thereto, which schedule shall be available for review by any Applicant, at the Township Office. Said fee schedule shall be amended from time to time by Resolution of the Board of Supervisors.

d. Where installation of a public sanitary sewerage system is not required, the Applicant shall provide for each lot, at the time improvements are erected thereon, a private sewage disposal system consisting of a septic tank and tile absorption field or other approved sewage disposal system and constructed in accordance with the "Rules and Regulations of the Pennsylvania

1 Department of Environmental Resources."


2.

In addition to the primary site on a lot to be utilized for on-lot sewage disposal the Applicant/Developer shall provide for an alternate site on the lot, found suitable by the Township Sewage Enforcement Officer through proper testing, at which location a replacement sewage disposal system can be properly installed as a result of the original system malfunctioning in a non- repairable condition.

e. Sanitary sewers and sewage disposal systems shall not be combined with storm water sewers, and shall not be constructed to receive effluent from any storm water collection system.

f. All fees for permits shall be at the Applicant expense.

Water Systems

a. The Applicant shall provide an adequate and potable water supply and distribution system to service the proposed subdivision or land development through one of the following methods listed in their orders of preference:

Connection to a public water supply system where such a system is within 1,000 feet of the proposed development site and where the capacity of such a system can adequately fulfill the water supply demands of the proposed development, including fire protection. A distribution system shall be designed to furnish an adequate supply of water to each lot. A copy of the approval of such a system by the appropriate public authority or utility company shall be submitted with the final plan.

Where a public water supply system cannot feasibly be provided to the proposed development, as evidenced by an evaluation study, the feasibility of constructing a separate water supply system shall be investigated and a report submitted setting forth the findings. If such a system is provided, it shall be reviewed and approved by the Pennsylvania Department of Environmental Resources and suitable agreements including finanad guarantees shall be established for the ownership and maintenance of the system. Also, such a system shall be designed and constructed in a manner that would permit adequate connection to a public water supply system in the future.



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(3) Where neither of the above alternatives are possible or feasible, either an individual on-lot or a community water supply system may be permitted pursuant to a compliance with Paragraph b, below. AU such individual or community systems shall also meet the criteria of the Pennsylvania Department of Environmental Resources.

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(4) All water systems located in flood-prone areas, whether public or private, shall be floodproofed to a point one and one-half (1-1/2') feet above the one hundred (100) year flood elevation.

b. Individual On-Lot Wells or Community Water System

(1) In subdivisions or land developments proposing to utilize individual on-lot wells or a community water supply, the Board of Supervisors reserves the right to require the Applicant to drill and test a well@) and have a report prepared on the quantity and quality of ground water at the site.

(2) Such requirement for a test well@) and report may be invoked at the discretion of the Board of Supervisors in situations where: (i) the area is known to have actual water yield or quality problems; or (ii) the Pennsylvania State Water Plan or U.S. Geological Survey Water Resource Reports, or other technical study indicates a potential low yield area or inadequate water quality area; or (iii) the development consists of 25 (') proposed lots or units with an average density of less than one unit per acre or involves a withdrawal of 10,000 or more gallons per day. The requirement may also be invoked when the 26th or subsequent lots or units are proposed to be developed from the original or parent tract.

The contents of the report or study of the proposed community water system shall include those specific items as described in the Public Water Sumlv Man ual of the Pennsylvania Department of Environmental Resources (DER). Where the water supply system occurs under the jurisdiction of the Pennsylvania Public Utilities

'. Act 1984-43, The Pennsylvania Safe Drinking Water Act, defines a "community water system" as servicing at least 15 service connections used by year-round residents or regularly serves at least 25 year-round residents.

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Commission (P.U.C.), the water supply study shall also incorporate those items of information required by the P.U.C.

(3) Construction of wells for individual small water supplies shall conform to DER'S Construction Standar ds for Individual Wat er Supplies, as revised. Individual on-site wells shall be subject to the following standards:

(a) Location:

1. The Source of supply shall be from a water bearing formation not less than twenty-five (25) feet from the ground surface.

2. Cap wells shall be located at a point free from flooding and at a higher elevation and at the following minimum distances to existing or potential sources of pollution:

MINIMUM ISOLATION DISTANCES FROM PROPOSED WELL TO FACILITIES AND FEATURES

Source of Pollution Minimum Distance

Lakes, Ponds, Streams or Other Surface Waters; Storm Drains, Retention Basins, Storm Water

25 Feet

Stabilization Ponds; 25 Feet

Preparation Area or Storage Area of Hazardous Spray Materials, Fertilizers or Chemicals and Salt Piles;

Gravity Sewer Lines and Drains Carrying Domestic Sewage or Industrial Waste; (except when the sewer line is cast iron pipe

I with either watertight lead caulked joints or joints filled with neoprene gaskets, or if

300 Feet

50 Feet


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solvent welded Schedule 40 (or SDR equivalent) or better Polyvinylchloride (PVC) pipe);

Sewage Drains carrying Domestic Sewage or Industrial Waste under pressure; (except welded steel pipe or concrete encased pipe);

Septic Tanks or Aerobic Tanks;

Subsurface Sewage Disposal Systems, Elevated Sand Mounds, Etc;

Sewage Seepage Pits, Cesspools;

Farm Silos, Barnyards; MINIMUM ISOLATION DISTANCES (Continued)

Rainwater Pits;

Spray Irrigation Sites, Sewage Sludge and Septage Disposal Sites;

Property Lines or Right-of-way;

Dedicated Road Right-of Way;

Building Foundations (except for building enclosing just water wells and/or water well pumps);

Any Other Source of Pollution

10 Feet

50 Feet 10 Feet

50 Feet

100 Feet

100 Feet

100 Feet

25 Feet

300 Feet

10 Feet

15 Feet

10 Feet

As Approved

c. Ground Water for Community Water Sys,zms

(1) Ground water for community water systems must conform with the Pennsylvania Department of Environmental Resources requirements and standards. It is recommended that two (2) sources of ground


water be provided for each public or community water system. Each should be capable or supplying the average daily demand of the proposed dwelling units. Although a two (2) well system is ideal, there are alternatives which would ensure an adequate water supply:

A single well capable of providing twice the ultimate daily average demand as demonstrated by a pumping test of at least 48 hours duration producing a stabilized draw down of unchanging water level for at least five (5) hours duration.

A single well capable of supplying the average daily demand with an additional reliable surface water source.

A single well capable of supplying the average daily demand plus a dependable connection to another satisfactory public water supply system.

A second well is recommended for use as a monitor of the aquifer and as a stand-by in the event of emergency.

Section 605. STORM SEWERS

Whenever the evidence available to the Board of Supervisors, Township Engineer, or by recommendation by the Planning Commission indicates that natural surface drainage is inadequate, the Applicant shall install a storm water sewer system that meets the design criteria and improvement specifications set fourth in Section 508 of this Ordinance. The system shall be designed by a Registered Engineer and be approved by the Township Engineer in accordance with the guidelines and specifications of Section 508.

The Township, upon proper request for modification of requirements (See Article 9), may waive the requirements for a Storm Water Management for residential subdivisions involving not more that one (1) lot; however, no successive one lot phases shall be permitted without a Storm Water Management Plan.

Section 606. CURBS AND GUTTERS

The Board of Supervisors, upon review and reporting by the Township Engineer, may require installation of curbs and/or gutters in any subdivision or land development where the bulk of buildings, area of parking, roads, and the gradient of such areas or other


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evidence indicates that such improvements are necessary for proper drainage and, or protection of the roadway. The Board of Supervisors may waive the requirements of curbs and/or gutters through the modification of requirements procedure set forth in ARTICLE 9, "Modifications1' of this Ordinance.

1.

2.

3.

4.

5.

Curbs, gutters, or combination curbs and gutters shall be constructed in accordance with the specifications as set forth in the current edition of the Pennsylvania Department of Transportation, Publication 408, as amended, and as detailed on the Roadway Construction Standard Drawings (RC-64).

Curbs and gutters shall be set and finished to the line and grade given on the approved drawings.

When curbing is to be removed to construct a driveway, the removal shall be done on the complete curb section. The length of curbing to be removed shall be carried to the nearest expansion joint or saw cut if the joint is located more than five (5') feet from the end of the curb removal. Curb replacement shall be formed and shaped to the required driveway width. The driveway shall be depressed to a height of one (1") inch above the finished paving grade.

No partial breaking out of the curb shall be permitted without approval by the Township Engineer or his designated agent.

Curbs shall be inspected by the Township Engineer or his designated agent after the forms have been placed, just prior to the pouring of concrete and after completion of all work.

Section 607. SIDEWALKS

The Board of Supervisors, upon recommendation of the Planning Commission and/or Township Engineer may require installation of sidewalks in any subdivision where the evidence indicates that sidewalks are necessary for the public safety. The Board of Supervisors, upon recommendations of the Planning Commission and the Township Engineer, may waive the requirements of sidewalks through the alteration of requirements procedures set forth in ARTICLE 9 of this Ordinance.

1. hi order to provide for the drainage of surface water, sidewalks shall slope from the right-of-way line toward the curb. Such slope shall be three-eights (3/8") inch per foot.


2.

3.

4.

5.

6.

7.

8.

Sidewalks shall be constructed in accordance with the specifications a set forth in the Pennsylvania Department of Transportation, Publication 408, as amended.

Four (4") inches of AASHTO #57 coarse aggregate shall be placed under all sidewalks.

Sidewalks shall be within the right-of-way of the street and shall extend in width from the right-of-way line toward the curb line.

Sidewalks shall be at least four (4') feet wide, or unless otherwise specified.

Where a sidewalk abuts a curb, wall, building or any other structure, a pre-molded expansion joint one-quarter inch (1/4") inch of thickness, shall be placed between the sidewalk and said structure for the full length of said structure.

Sidewalks shall be boxed out around light standards fire hydrants, etc., with a pre- molded expansion joint, one quarter (1/4") inch in thickness.

Sidewalks shall be inspected by the Municipal Engineer or his designated agent after the forms have been placed, just prior to the pouring of concrete and after completion of all work.

Section 608. FIRE HYDRANTS

Wherever a public or community water system is provided, fire hydrants suitable for the coupling of equipment serving the Township shall be installed as specified by the Insurance Services Office of Pennsylvania and the local fire companies. Location of hydrants shall be approved by the Township.

1. Generally, all fire hydrants will be located on an eight (8") inch line or a looped (6) inch line. Where a dead end line is required to contain a fire hydrant, the portion of the line between the main loop and the hydrant shall be an eight (8') inch minimum diameter.

2. Fire hydrants shall be spaced in a development so that all proposed buildings will be no more than six hundred (600') feet from the hydrant measured along traveled ways.


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3. All community water systems must provide a minimum of 500 GPM at a residual pressure of 20 psi for a two (2) hour period.

4. For additional fire protection, a standpipe may be required incorporated into existing and proposed ponds or reservoirs and an access easement provided for emergency use.

5. Hydrants shall be located in a manner to provide complete accessibility and so that the possibility of damage from vehicles or injury to pedestrians will be minimized. When placed behind the curb, the hydrant barrel shall be set so that no portion of the pumper or hose nozzle cap will be less than twenty-four (24") inches from the gutter face of the curb. When set in the lawn space between the curb and the sidewalk or between the curb and the property line, no potion of the hydrant or nozzle cap shall be within six (6") inches of the sidewalk.

Section 609. TREES

This Section is reserved for future use. Tree preservation and planting shall conform to the standards outlined in Section 509 of this ordinance.

Section 610. STREET SIGNS

The subdivision or land development shall be provided with street signs to include but not be limited to: street name signs at all intersections, directional, and informational signs. Such signs shall conform to applicable Pennsylvania Department of Transportation or Township standards and shall be purchased and installed by the Applicant in a manner specified by the Township Engineer.

Section 611. UTILITY LINES

All electric, telephone, and other utility service lines, including street lighting, shall be placed underground within any subdivision or land development in accordance with the design guidelines and requirements of this Ordinance.

Section 612. TIME LIMITATIONS

All improvements shall be installed according to the time schedule which has been approved by the Board of Supervisors.


ARTICLE 7

MOBILE HOME PARK REGULATIONS

Section 701. GRANT OF POWER

The governing body of each muniapality may regulate subdivision and land development within the municipality by enacting a subdivision and land development ordinance. Provisions regulating mobile home parks shall be set forth in separate and distinct articles of any subdivision and land development ordinance adopted pursuant to the "Pennsylvania Municipalities Planning Code," Act 247, as amended, Article 5, Section 501.

Section 702. PURPOSE, AUTHORITY AND JURISDICTION

The purpose, authority and jurisdiction for a mobile home park as a land development are the same as those contained in ARTICLE 2 of this Ordinance.

Section 703. PLAT REQUIREMENTS AND PROCESSING PROCEDURE

The plat requirements and processing procedure for a mobile home park as a land development shall be in accordance with the requirements contained in ARTICLE 4, Sections 401,402,403,404,405,406, and 407 of this Ordinance in addition to applicable provisions of the Lykens Township Mobile Home Park Regulations and Lykens Township Zoning Ordinance, as amended.

Section 704. DESIGN STANDARDS AND OTHER REQUIREMENTS

The arrangement and other design standards of streets, easements, blocks, lots, stonnwater management and erosion and sedimentation control shall be in accordance with the requirements contained in ARTICLE 5 herein except as otherwise specified in the Lykens Township Mobile Home Ordinance, and, or the Lykens Township Zoning Ordinance, as amended.

1. Site-Location and Design Standards:

a. Layout of Lots

(1) All lots shall abut a street. Side lot lines laid out in rectangular blocks should be diagonal to the street at an angle no greater than 30 degrees


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b.

C.

d.

from perpendicular. Front and rear lot lines in rectangular blocks shall be straight and continuous.

(2) In cul-de-sac arrangements, the side lot lines shall be radial to the street lines.

Lot Dimensions:

The lot width shall be not less than 60 feet at the minimum required building setback line for interior lots. Lot Areas shall be not less than 7,200 square feet in area for all lots. In addition each mobile home lot shall:

(1) be designed to fit dimensions of mobile or manufactured homes anticipated.

provide for mobile home a l l public utilities, pads, hookups, appurtenant structures and other appendages.

(2)

Corner Lots:

Corner lots for mobile home use shall have the mobile home situated to permit appropriate building set back from both streets and allow proper sight distance.

Building Setback Lines:

The minimum setbacks from the lot line shall be as follows:

park boundary property line - 35 feet.

front yard - 15 feet.

side yard - 10 feet.

rear yard - 10 feet.


e. Buffer Strips and Screening

Where a mobile home park abuts a major collector, minor collector and, or local collector, or is located adjacent to industrial or commercial properties, screening will be provided within a buffer area 10' feet in width along the abutting right-of-way or property separating the mobile home park from the adjacent land uses and roadways. Screening will be provided in accordance with either of the following options in the following chart:

Screenine Chart

Ovtions mum Tree Size Maximum Spacine Distance

Option 1

Wall/Fence 6' in height NA, with a Hedge 6' in height NA,

Option 2

A Hedge 6' in height NA, plus Evergreen Trees 4' in height 10' on center

Evergreen Trees 6' in height 6' on center, plus Deciduous Trees 6' in height, 2" caliper 15' on center.

2. Mobile Home Park Street System:

a. General Requirements:

A safe and convenient vehicular access shall be provided from abutting public streets or roads. Streets shall be privately owned.

b. Location Principles:

The streets or roads in a mobile home park shall be located and built with regard to:


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(1) providing traffic-ways for convenient access to each mobile home lot and other important facilities in the park.

(2) designed to recognize existing easements which are to be preserved.

(3) permit connection to existing facilities where necessary for the proper functioning of drainage and utility systems.

C. Circulation:

The street system should provide convenient circulation by means of minor street and properly located collector streets. The following standards should also be applied to mobile home park street systems.

(1) Closed ends of dead-end streets should be provided with a paved vehicular turning space having a minimum diameter of at least 80 feet to the outside paving edge.

(2) Minor streets shall be so laid out that their use by through traffic will be discouraged.

(3) Where a mobile home park abuts or contains an existing or proposed arterial street, the Planning Commission may require marginal access streets, reverse frontage with screen planting along the rear property line, or such other treatment as may be necessary to afford separation of through and local traffic.

d. Extent of Street Improvements:

General Requirements

In addition to the Street Construction requirements of Section 603 of this ordinances, the street improvements in mobile home parks should conform to the following general design requirements:

(1) Extend continuously from the existing improved street to provide access to each mobile home lot and other facilities in the park.

(2) Provide convenient circulation of vehicles.

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e. Street Surfacing:

Streets should be surfaced to the grades and dimensions shown on the street profile and cross-section plan submitted and approved with the final plan. The paving and wearing surface should be constructed according to the Lykens Township specifications. The owner shall provide, within one (1) year, a paved road to each mobile home which has been situated and occupied in the park. All street surfaces shall conform to the standards outlined in Section 603 of this ordinance.

3. Blocks:

The size and shape of blocks shall be determined with regard to:

a. Zoning requirements as to lot size, as applicable.

b. Need for convenient access, automotive and pedestrian movement.

c. Providing desirable lot depths for interior walkways and easements for utilities to be located within the block.

d. Blocks shall not exceed a maximum length of 600 feet.

e. Pedestrian paths should be designed within blocks to permit convenient access to other areas of the mobile home park.

4. ' Sidewalks:

Pedestrian interior walks may be required where essential to assist circulation or pedestrian movement and safety to common or important facilities in the park. These facilities shall be constructed in accordance with Section 607.

5. Easements:

a. Easements shall be provided for all utilities not located in a street and for well-defined watercourses.


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b.

C.

d.

Utility easements shall have a minimum width of 20 feet, in accordance with Section 504. Easements for access to natural watercourses shall be 30 feet in width to permit maintenance and provide for future flow.

Easements shall be centered on or adjacent to side and rear lot lines whenever possible.

Where necessary for access to public or common lands, a pedestrian easement shall be provided with a width of no less than ten (10) feet. Additional width may be required by the Board of Supervisors depending on the purpose and use of the easement.

6. Mailboxes:

The owner shall provide and maintain a central location(s) for mailboxes for persons living within the park.

7. Landscaping:

Planting is required to the extent needed to provide for:

a. Adequate shade.

b. A suitable setting for the mobile homes and other settings. Planting shall be hardy, appropriate for use and location, and planted so as to thrive with normal maintenance.

c. Screen planting shall be adequate to screen objectionable views effectively within a reasonable time. View to be screened include laundry drying yards, garbage and trash collection stations, nonresidential uses and rear yards of adjacent properties.

d. Screening of objectionable views shall utilize Option 1 or Option 2 Screening as described in (Section 704.1.e) of this ordinance.

Section 705. FUEL SUPPLY AND STORAGE.

1. Natural Gas System:

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a. Natural gas piping systems when installed in mobile home parks shall be maintained in conformity with accepted engineering practices.

b. Each mobile home lot provided with piped gas shall have an approved shutoff valve installed upstream of the gas outlet. The outlet shall be equipped with an approved cap to prevent accidental discharge of gas when the outlet is not in use.

2. Liquified Petroleum Gas Systems:

a. Liquified petroleum gas systems provided for mobile homes, service buildings or other structures when installed shall be maintained in conformity with the rules and regulations of the authority having jurisdiction and shall include the following:

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

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

AU 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.

Vessels of more than 12 and less than 60 US. gallons gross capacity may be installed on a mobile home lot and shall be securely but not permanently fastened to prevent accidental overturning.

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 specially approved by the authority having jurisdiction.


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3. Fuel Oil Supply Systems

a.

b.

C.

d.

e.

All fuel oil supply systems provided for mobile homes, services buildings and other structures shall be installed and maintained in conformity with the rules and regulations of the authority having jurisdiction when provided.

AU piping from outside fuel storage tanks or cylinders to mobile home shall be securely, but not permanently, fastened in place.

All fuel oil supply systems provided for mobile homes, service buildings and other structures shall have shut-off valves located within five (5) inches of storage tanks.

AU fuel storage tanks or cylinders shall be securely placed and shall not be less than five (5) feet from any mobile home exit.

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

Section 706. ANIMALS

No animals, except household pets, shall be permitted within the Park and then only such anirnals as will not create a nuisance or disturb other people.

Section 707, IMPROVEMENT AND CONSTRUCTION REQUIREMENTS

All improvements, construction requirements, and engineering specifications for the improvements required, shall be provided in accordance with ARTICLE 6 of this Ordinance in addition to those required in the Lykens Township Mobile Home Park Regulations and the Lykens Township Zoning Ordinance, as amended.

1. Street Lights:

Street or on-site lights shall be provided to illuminate streets, driveways, and walkways for the safe movement of vehicles and pedestrians at night. Their type and location shall be shown on the subdivision or land development plan.

2. ' Underground Utilities:


Electric, telephone and all other utilities facilities shall be installed underground, unless in the opinion of the Planning commission, special conditions require otherwise.

Section 708. PARK RULES AND REGULATIONS

The owner shall provide each occupant of the Park with a copy of the pertinent laws applicable to occupants of the mobile home park.

Section 709. STANDARDS FOR MOBILE HOME PARKS IN FLOODPLAIN AREAS

Where permitted within any identified floodplain area, all mobile home parks and additions thereto shall be in accordance with ARTICLE 5 of this Ordinance, and the Lykens Township Zoning Ordinance, as amended.

Section 7 l O . PERMITS, FEES AND LICENSES

1. Mobile Home Park Permits

Any person intending to develop a tract of land as a mobile home park shall have a permit from the Township for each such park, issued in accordance with the requirements contained in the Lykens Township Mobile Home Park Regulations and/or the Lykens Township Zoning Ordinance, as amended.

2. Fees

' At the time of filing the Preliminary Plat and the Final Plat for the development of a tract of land for a mobile home park, the Applicant shall be required to pay to Lykens Township plat processing and inspection fees as contained below.

a. A review fee, based upon a fee schedule established by resolution, for the mobile home park, shall accompany all applications for the original approval of all mobile home parks.

b. In the event of approval of the applicant's proposal by the Municipality, said fee shall constitute the first annual license fee.


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c. An alteration review fee, based upon a fee schedule established by resolution, for each mobile home lot to be altered or added to the mobile home park, shall accompany all applications for alteration or extension.

d. Upon final approval of the application by the Lykens Township Board of Supervisors it has been ascertained that the proposed plan meets the requirements of this ordinance and regulations issued hereunder a permit shall be issued.

3. Licenses

Any person intending to operate a mobile home park within the Township shall have a license from the Township for each such park, issued in accordance with the requirements contained in the Lykens Township Mobile Home Ordinance, as amended.

a.

b.

C.

d.

It shall be unlawful for any person to operate any mobile home park within Lykens Township unless he holds a valid license, in the name of such person for the specific mobile home park. All license applications shall be made to the Municipality who shall issue a license upon compliance by the applicant with provisions of this ordinance and regulations issued hereunder and other applicable legal requirements.

Every person holding a license shall give notice in writing to the Township within ten (10) days after having sold, transferred, or otherwise disposed of, interest in or control of any mobile home park. Such notice shall include the name and address of the person succeeding to the ownership or control of such mobile home park.

Upon application in writing for transfer of the license and deposit of a fee established by resolution, the license shall be transferred if the mobile home park is in compliance with all applicable provisions of this ordinance and regulations issued hereunder.

Application for original licenses shall be in writing, a signed by the applicant, accompanied by an affidavit of the applicant as to the truth of the application and by the deposit of a licensing fee established by resolution and shall contain:


(1) The name and address of the applicant;

(2) The location and legal description of the mobile home park;

(3) The plan of the mobile home park, approved by the Lykens Township Board of Supervisors, showing all mobile home lots, mobile home stands, structures, roads, walkways, service facilities, and storm water drainage facilities, and other pertinent information required under Article 4 of the Subdivision and Land Development Ordinance.

e. The license shall be valid for a period of one (1) year unless revoked by the Municipality.

f. Applications for renewing a mobile home park license shall be made in writing by the license holders. The application shall be accompanied with a deposit of a license renewal fee established by resolution during the previous year. The latter shall be due and payable at the end of each year regardless of whether or not a renewal application is submitted. The application shall contain any change in the information submitted since the original license was issued or the latest renewal granted.

g. Whenever, upon inspection of any mobile home park, the Tomship finds that conditions or practices exist which are in violation of any provision of this ordinance or regulations issued hereunder, the Township shall give notice in writing in accordance with Section 712.1, to the person to whom the license was issued that unless such conditions or practices are corrected within in a reasonable period of time as specified in the notice by the Township, the license shall be suspended. At the end of such period the Township shall re-inspect the mobile home park and, if such conditions or practices have not been corrected, the license shall be suspended and notice given in writing of such suspension to the person to whom the license is issued. Upon receipt of notice of such suspension, such person shall cease operation of such mobile home park, except as provided in Section 712.5.

,

h.

s

Any person whose license has been suspended, or who has received notice from the Municipality that his license will be suspended unless certain conditions or practices at the mobile home park are corrected, may request and shall be granted a hearing on the matter before the Township Board of

Lykens Township Subdivision & Land Development Ordinance 7- 11

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Supervisors or under the procedure provided by Section 712 of this ordinance.

Provided that when no petition for such hearing shall have been filed within ten (10) days following the day on which notice of suspension was served, such license shall be deemed to have been automatically revoked at the expiration of such ten (10) day period.

i. A temporary license, upon written request therefor, may be issued by the Governing Body for every mobile home park in existence at the effective date of this ordinance, permitting the mobile home park to be operated during the period ending one hundred eighty (180) days after the effective date of this ordinance in accordance with such conditions as the Municipality may require.

j. The term of the temporary license shall be extended, upon written request, for not to exceed one additional period of one hundred eighty (180) days, if:

(1) The licensee shall have filed application for a license in conformity with Section 3.3 of this ordinance within ninety (90) days after the effective date of this ordinance;

(2) The plans and specifications accompanying the application for license comply with all provisions of this ordinance and all other applicable ordinances and statutes;

(3) The licensee shall have diligently endeavored to make the existing mobile home park conform fully to the plans and specifications submitted with the application; and

(4) Failure to make the existing mobile home park conform fully to such plans and specifications shall have been due to causes beyond the control of the licensee.

Section 711. INSPECTION OF MOBILE HOME PARKS

The Township of Lykens is hereby authorized to make such inspections as are necessary to determine satisfactory compliance with this ordinance and regulations issued hereunder.


1. The Township shall have the power to enter at reasonable times upon any private or public property for the purpose of inspecting and investigating conditions relating to the enforcement of this ordinance and regulations issued hereunder.

2. The Township shall have the power to inspect the register containing a record of all residents of the mobile home park.

3. It shall be the duty of the owners or occupants of the mobile home park and mobile homes contained therein, or of the person in charge thereof, to give the Municipality access to such premises at reasonable times for the purpose of inspection

4. It shall be the duty of every occupant of the mobile home park to give the owner thereof or his agent or employee access to any part of such mobile home park or its premises at reasonable times for the purpose of making such repairs or alterations as are necessary to effect compliance with this ordinance and regulations issued hereunder, or with any lawful order issued pursuant to the provisions of this ordinance.

Section 7l2. NOTICES, HEARINGS, AND ORDERS

1. Whenever the Municipality determines that there are reasonable grounds to believe that there has been a violation of any provision of this ordinance or regulations issued hereunder, notice shall be given of such alleged violation to the person to whom the permit or license was issued, as hereafter provided. Such notice shall:

a. Beinwriting;

b.

c.

Include a statement of the reasons for its issuance;

Mow a reasonable time for the performance of any act it requires;

d. Be served upon the owner or his agent as the case may require; provided: that such notice or orders shall be deemed to have been properly served upon such owner or agent when a copy thereof has been sent by certified mail to his last known address, or when he has been served by such notice by any method authorized or required by the laws of this State;

e. Contain an outline of remedial action which, if taken, will affect compliance with the provisions of this ordinance and regulations issued hereunder.


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2.

3.

4.

5.

Any person affected by any notice which has been issued in connection with the enforcement of any provisions of this ordinance, or regulation issued hereunder, may request a hearing on the matter before the Governing Body; provided, that such a person file in the office of the Municipality a written petition requesting such hearing and setting forth a brief statement of the grounds therefore within ten (10) days after the day the notice was served.

The filing of the request for a hearing shall operate as a stay of the notice and of the suspension except in the case of an order issued under Section 712.5. Upon receipt of such petition, the Governing Body shall set a time and place for such hearing and shall give the petitioner written notice thereof. At such hearing the petitioner shall be given an opportunity to be heard and to show why such notice should be modified or withdrawn.

The hearing shall be commenced not later than ten (10) days after the day on which the petition was filed; provided; that upon application of the petitioner the Governing Body may postpone the date of the hearing for a reasonable time beyond such ten (10) day period when in their judgment the petitioner has submitted good and sufficient reasons for such postponement.

After such hearing the Governing Body shall make findings as to compliance with '&@fhovisions of this ordinance and regulations issued hereunder and shall issue an order in writing sustaining, modifying or withdrawing the notice which shall be served as provided in Section 712.1.d. Upon failure to comply with any order sustaining or modifying a notice the license of the mobile home park affected by the order shall be revoked.

The proceedings at such a hearing, including the findings and decision of the Governing Body and together with a copy of every notice and order related thereto shall be entered as a matter of public record in the office of the Governing Body. However, the transcript of the proceedings need not be transcribed unless judiaal review of the decision is sought as provided by this section. Any person aggrieved by the decision of the Governing body may seek relief therefrom in any court of competent jurisdiction, as provided by the laws of the Commonwealth of Pennsylvania.

Whenever the Municipality finds that an emergency exists which requires immediate action to protect the public, they may without notice or hearing issue an order reciting the existence of such an emergency and requiring that such action be

Lykens Tomship Subdivision & Land Development Ordinance 7 - 14

taken as they may deem necessary to meet the emergency, including the suspension of the permit or license. Notwithstanding any other provisions of this ordinance, such order shall be effective immediately. Any person to whom such an order is directed shall comply therewith immediately, but upon a petition to the Governing body shall be afforded a hearing as soon as possible. The provisions of Section 712.3 and 712.4 shall be applicable to such hearing and the order issued thereafter.

Section 7l3. MOBILE HOME REMOVAL PERMIT

1. It shall be unlawful for the owner, tenant or custodian of a mobile home to remove or attempt to remove from Lykens Township a mobile home without first obtaining a Removal Permit from the Township Tax Collector. A Removal Permit shall be granted upon payment of a removal fee, established by resolution, and submission of the following information:

a. The street address of the mobile home.

b. Names of the owners and of the occupants of the mobile home.

c. Evidence of payment of all taxes duly assessed by the Township, the county of Dauphin and the Upper Dauphin School District.

d. A penalty fee, established by resolution, shall be applied to those individuals moving without obtaining a removal permit.

Section 714. MODIFICATION OF REQUIREMENTS

The application for a modification of requirements shall be in accordance with the provisions of ARTICLE 9 herein.

Section 715. ENFORCEMENT, AMENDMENTS, REMEDIES, SEVERABILITY, AND REPEALER

The enforcement, amendments, remedies, severability and repealer provisions shall be in accordance with the provisions of Article 10, herein.

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ARTICLE 8

FEES

Section 801. FILING

At the time of filing, all plats shall be accompanied by a check payable to Lykens Township, in the amount specified herein, to defray the cost of reviewing the proposed plats and required data.

Section 802. FEE SCHEDULE

1. The Board of Supervisors shall establish by resolution a Schedule of Fees to be paid by the subdivider at the time of filing a Preliminary or Final Plat.

a.

b.

C.

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

In the event the Applicant disputes the amount of any such fees, the Applicant shall, within ten (10) days of the billing date, n o w the Township Secretary 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.

In the event that the Township and the Applicant cannot agree on the amount of review fees which are reasonable and necessary, then the fees shall be recalculated and recertified by another professional engineer licensed as such in this Commonwealth and chosen mutually by the Township and the Applicant. The estimate certified by the third engineer shall be presumed fair and reason-able and shall be the final estimate. In the event a third engineer is so chosen, fees for the services of said engineer shall be paid equally by the Township and the Applicant.


2. The review fees shall be based upon a schedule established by resolution and such Schedule of Fees shall be available in the Township Municipal Office and in such other places as the Township may designate.

No plat shall be considered by the Board of Supervisors or Planning Commission unless all fees and charges are paid in full.

3.

Section 803. ENGINEERING FEES

1. On or before the date on which the Preliminary or Final Plat is to be considered by the Township, the Applicant shall pay by a check, payable to the Township of Lykens, an amount determined or approved by the Township Engineer sufficient to cover the costs of

a. Reviewing the plat's engineering details.

b. Inspecting the site layout for conformance with the plat.

c. Preparing cost estimates of required improvements (as applicable).

d. Inspecting required improvements during installation.

e. Final inspection on completion of installation of required improvements.

f. Other engineering verifications and administrative work required by this Ordinance.

g. The engineering fees required to be paid by this Section shall be promptly paid to the Township by the Applicant upon the submission of bills to the Applicant from time to time, as such fees are billed to the Township or its Authority by its or their engineers.

Section 804. OTHER FEES

1. Fees for all other permits required for and by the Towriship for opening roads, connecting to municipal sewers, zoning review applications and hearings, building construction, mobile home parks, etc. shall also be paid by a check payable to the Township or its Authority.


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The Applicant at the time of application shall agree to cover the cost of advertising the Ordinance accepting the deed of dedication of applicable required improvements and its recording costs.

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At the time of filing, al l plats shall be accompanied by a check payable to the Dauphin County Planning Commission, in the amount specified by the County, to cover the costs of County Planning Commission review and report.

Legal fees incurred by the Township for the preparation and/or review of special agreements related to a proposed subdivision or land development shall be promptly paid to the Township by the Applicant upon the submission of bills to the Applicant from time to time, as such fees are billed to the Township or its Authority by its or their attorneys.

Lykens Township I I Subdivision & Land Development Ordinance 8 - 3

ARTICLE 9

MODIFICATION OF REOUIREMENTS

Section 901. GENERAL STATEMENT

Where, owing to special conditions, a literal enforcement of the provisions of these regulations will result in undue hardship because of peculiar conditions pertaining to the land, the Board of Supervisors, on recommendation of the Planning Commission and Township Engineer, may make such reasonable modification thereto as will not be contrary to the public interest and so that the spirit of these regulations shall be observed and substantial justice done.

Section 902. APPLICATION SUBMISSION

All requests for a modification of requirements shall be submitted in writing by the Applicant at the time the Preliminary Plat or Minor Plat is filed with the Planning Commission. The application shall state in full the grounds and facts on reasonableness or hardship upon which the request is based, the provision or provisions of the ordinance involved, and the minimum modification necessary.

Section 903. RECORDING OF DECISION - APPROVAL

In granting any modification of requirements, the Board of Supervisors shall record its action and the grounds for granting any modification in its minutes. The Board of Supervisors shall transmit a copy of its approval to the Applicant within fifteen (15) working days of the date of the Boards decision.

Section 904. RECORDING OF DECISION - DENIAL

Whenever a request for an alteration of requirements is denied, the Board of Supervisors shall record its action and the grounds for such denial in its minutes. The Board of Supervisors shall transmit a copy of its action and the grounds for such denial of any modification to the Applicant within fifteen (15) working days of the date of the Board's decision.

Section 905. APPEALS

Persons aggrieved by the granting or denial of a request from a modification of requirements may appeal the Board of Supervisors's decision through the use of the appeals


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procedure as outlined in the "Pennsylvania Municipalities Planning Code, Act 247, as amended.


ARTICLE 10

ENFORCEMENT. AMENDMENTS, REMEDIES, SEVERABILITY AND REPEALER

Section 1001. ADMINISTRATION AND ENFORCEMENT

1. The Board of Supervisors and Planning Commission shall have the duty and authority for the administration and general enforcement of the provisions of this Ordinance, as specified or implied herein.

Officials of the Township having regulatory duties and authorities connected with or appurtenant to the subdivision, use, or development of land shall have the duty and authority for the controlling enforcement of the provisions of this Ordinance, as specified or implied herein or in other Ordinances of the Township.

2. Permits required by the Township for the erection or alteration of buildings, the installation of sewers or sewage disposal systems, or for other appurtenant improvements to or use of the land, shall not be issued by any municipal official responsible for such issuance until it has been ascertained that the site for such building, alteration, improvement, or use is contained in a subdivision or land development plat approved and publicly recorded in accordance with the provisions of this and other applicable Township Codes and Ordinances.

3. The Township Sewage Enforcement Officer shall require that the Sewage Module and applications for sewage disposal system permits contain all the information necessary to ascertain that the sites for the proposed systems are acceptable in accordance with the provisions of this Ordinance, the "Rules and Regulations of the Department of Environmental Resources", and Township Regulations.

4. The approval of a subdivision or land development plat or of any improvement installed, or the granting of a permit for the erection or use of a building or land therein, shall not constitute a representation, guarantee, or warranty of any kind or nature by the municipality or any official, employee, or appointee thereof, of the safety of any land, improvement, property or use from any cause whatsoever, and shall create no liability upon, or a cause of action against the municipality or such official, employee or appointee for any damage that may result pursuant thereto.


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Section 1002. AMENDMENTS

Amendments to this Ordinance shall become effective only after a public hearing held pursuant to public notice as defined, and in accordance with the "Pennsylvania Municipalities Planning Code", Act 247, as amended.

1. From the time an application for approval of a plat, whether preliminary or final, is duly filed as provided in this Ordinance, and while such application is pending approval or disapproval, no change or amendment of this Ordinance, 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 regulation.

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 Ordinance, 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-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 Ordinance or the governing ordinance or plans as they stood at the time when the application for such approval was duly filed.

4. Where the Applicant has substantially completed the required improvements as depicted upon the final plat within the aforesaid five-year limit, or any extension hereof 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 m o d e


5.

or revoke any aspect of the approved final plat pertaining to zoning classification or density, lot, building, street or utility location.

In case of a preliminary plat calling for 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 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 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 Applicant'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 have not been substantially completed within said five-year period the aforesaid protections shall apply for an additional term or terms of three years from the date of final plat approval for each section.

7. Failure of the Applicant 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 ordinance, zoning, and other governing ordinance enacted by the Township subsequent to the date of the initial preliminary plan submission.

Section 1003. REMEDIES AND JURISDICTION

1. Preventive Remedies

a. 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

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Lykens Township Subdivision & Land Development Ordinance 1 0 - 3

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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 transfening shall not exempt the seller or transferror from such penalties or from the remedies herein provided.

b. 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 Ordinance. 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 knowledge 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 to whether such vendee or lessee had actual or constructive knowledge of the violation.

c. As an additional condition for issuance of a permit of 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.

2. Enforcement Remedies

a.

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Any person, partnership, or corporation who or which has violated the provisions of this subdivision or land development ordinance shall, upon being found liable therefor in a civil enforcement proceeding commenced by the Township, pay a judgement 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 judgement 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 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 (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.

b. 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.

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

Section 1004. SEVERABILITY

If any section, clause, provision, or portion of these regulations s h d be held to be invalid or unconstitutional by any court of competent jurisdiction, such decision shall not effect any other section, clause, provision or portion of these regulations. It hereby declared to be the intent of Lykens Township that this Ordinance would have been adopted if such invalid or unconstitutional section, clause, provision or portion had not been included herein.

Section 1005. REPEALER

1. Any Ordinance or part thereof inconsistent herewith is hereby repealed to the extent of such inconsistency.

2. Nothing in this Ordinance hereby adopted shall be construed to affect any suit or legal proceeding now pending in any court, or any rights accrued or liability


incurred, or any cause of action accrued or shall any right or remedy of any character by lost, impaired or affected.

Any previously existing Subdivision Ordinance, as amended, is hereby repealed. 3.

Lykens Township Subdivision & Land Development Ordinance 1 0 - 6

ARTICLE XI

EFFECTIVE DATE AND EN-CTMENT

Section 1101. EFFECTIVE DATE

ThisOrdinanceshalltakeeffedonthe /A td dayof &/%id ,19- 95':

Section 1102. ENACTMENT

ENACTED AND ORDAINED INTO AN ORDINANCE THIS /L? DAY OF - A. , 19 9s' .

1

LYKENS TOWNSHIP DAUPHIN COUNTY, PENNSYLVANIA

ATTEST:

{Municipal Seal}

Lykens Township Subdivision & Land Development Ordinance XI-1

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' I AMENDMENT TO THE LYKENS TOWNSHIP SUBDIVISION AND LAND DEVELOPMENT

ORDINANCE Effective Date: g U - ) 6 ) 1947

THIS AMENDMENT and Land Development

Ordinance shall take effect on , 1997.

ENACTED: This Amendment to the Lykens

Development Ordinance is hereby enacted and ordained this

1997.

- ATTEST: LYKENS TOWNSHIP, DAUPHIN COUNTY, PENNSYLVANIA

(SEAL)

Supervisor

c : \TLL\LyKENS\AXEND. o m

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SAMPLE CERTIFICATION AND DEDICATORY BLOCKS

COMMONWEALTH OF PENNSYLVANIA, COUNTY OF DAUPHIN

ON THIS THE DAY OF PERSONALLY APPEARED

19 __ BEFORE ME THE UNDERSIGNED

OWNER(S)

OWNER(S)

WHO BEING DULY SWORN ACCORDING TO LAW, DEPOSE AND SAY THAT THEY ARE THE OWNERS OF THE PROPERTY SHOWN ON THIS PLAN AND THAT THEY ACKNOWLEDGE THE S A M E TO BE THEIR ACT AND DEED AND DESIRE THE SAME TO BE RECORDED AS SUCH ACCORDING TO LAW.

WITNESS MY HAND AND NOTARIAL SEAL THE DAY AND DATE ABOVE WRITTEN,

MY COMMISSION EXPIRES NOTARY PUBLIC

IT IS HEREBY CERTIFIED THAT THE UNDERSIGNED ARE THE LEGAIJ EQUITABLE OWNERS OF THE PROPERTY SHOWN ON THIS PLAT AND THAT ALL STREETS OR PARTS THEREOF, IF NOT PREVIOUSLY DEDICATED, ARE HEREBY TENDERED FOR DEDICATION TO PUBLIC USE.

0 WNER( S)

OWNER(S)

OWNER(S)

I HEREBY CERTIFY THIS PLAN TO BE CORRECT AS SHOWN.

REGISTERED SURVEYOR

NAME OF SURVEYOR

Lykens Township Subdivision & Land Development Ordinance E - 1

ADDRESS TELEPHONE NUMBER


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EXHIBIT I1 SAMPLE PLAT APPROVAL BLOCKS

THIS PLAN REVIEWED BY THE DAUPHIN COUNTY PLANNING COMMISSION THIS - DAY OF 19 -

CHAIRMAN

SECRETARY

THIS PLAN REVIEWED BY THE LYKENS TOWNSHIP ENGINEER THIS - DAY OF - 19 7

TOWNSHIP ENGINEER

THIS PLAN RECOMMENDED FOR APPROVAL BY THE LYKENS TOWNSHIP PLANNING COMMISSION THIS DAY OF 19 -

CHAIRMAN

SECRETARY

THIS PLAN APPROVED BY THE BOARD OF SUPERVISORS OF LYKE!NS TOWNSHIP THIS- DAY OF 19 -

CHAIRMAN

SECRETARY

THIS PLAN RECORDED IN THE OFFICE OF THE RECORDER OF DEEDS IN AND FOR DAUPHIN COUNTY THIS - DAY OF 19 -


PLAN BOOK - VOLUME - PAGE -


EXHIBIT I11 SAMPLE TIME EXTENSION AGREEMENT

AGREEMENT TO EXTEND THE TIME FOR RENDERINGAND COMMUNICATING A DECISION ON CERTAIN PREIIJ-WL SUBDMSION/L,ANJI

This Agreement made the - day of 19, by and between the Board of

Supervisors of Lykens Township, Dauphin County, Pennsylvania, (hereinafter called

"Governing Body") and (hereinafter called llApplicant").

WHEREAS, the Applicant submitted a preliminary/final plan of subdivisiodand

to the Township on the - day of development for a development known as

A 19 2 and

WHEREAS, there are certain deficiencies, matters of incom-pleteness or other similar

items by reason of which the Board of Supervisors cannot approve said plan of

subdivision/land development as more fully detailed in a letter delivered to Applicant by

the Board of Supervisors dated the -day of A 19 -, receipt of which is acknowledged by

Applicant; and

WHEREAS, the term within which the Board of Supervisors must render a decision

approving or disapproving said plan of subdivisiodand development pursuant to the

provisions of Section 508 of the Pennsylvania Municipalities Manning Code, as amended,

expires the - day of 19 J and

WHEREAS, the Applicant wishes to have an additional period of time within which

to attempt to bring said plan of subdivision /land development into compliance with all

applicable Township ordinances and regulations;

NOW THEREFORE, in consideration of the above recitals and the covenants

hereinafter contained. The parties hereto agree as follows:

1. Applicant hereby agrees to an extension of the time within which the Board

of Supervisors must render a decision and communicate its decision relative to the above-


mentioned plan of subdivisiodand development to the Applicant which extended time

period shall expire the - day of - 19 _. 2. In consideration of the extension of time granted by Applicant, the Board of

Supervisors agrees that it will not disapprove the plan of subdivisiodand development

submitted as aforesaid at this time as it would otherwise be bound to do; rather, the Board of Supervisors agrees to consider the plan of subdivisiodand development with such

changes and corrections as the Applicant shall make and to render a decision within the

time as extended by this Agreement.

IN WITNESS WHEREOF, the parties intending to be legally bound have hereunto

set their hands and seals the day and year first above written.

WITNESS:

Applicant

Applicant

Accepted by Lykens Township

B Y Chairman


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EXHIBIT IV SAMPLE IRREVOCABLE LETTER OF CREDIT

Lykens Township P. 0. Box 348 Lykens, PA 17048

IRREVOCABLE LETTER OF CREDIT NO. -

At the request of , we hereby authorize Lykens Township, Dauphin County, to draw on U.S. Dollars available by your drafts at sight accompanied by your written certification for the failure of to complete improvements as required by the subdivision/land development plan of , dated ,19 -I and any related agreements between

, and the Township of Lykens, particularly the Agreement to Establish Security, dated ,19-.

up to an aggregate amount of

Such certification must enumerate the amount payable to you from the account of . AU drafts so drawn must be marked drawn under our credit number

It is a condition of this Letter of Credit that it shall be deemed automatically extended without amendment for one year from the expiration date provided hereinafter unless thirty (30) days prior to such expiration date we shall no@ you in writing by registered mail that we elect not to consider this Letter of Credit renewed for any such additional period. Upon receipt by you of such notice, you may draw hereunder, without having &curred liability by reason of the failure of to construct and install the improvements as required by the above identified plans, profiles and agreements, by means .of your drafts on us, at sight, accompanied by your written certification that certain installation and construction work remains to be completed and the proceeds of your drafts will be retained and used by you to make any payments which you might thereafter be -

to complete the construction and installation of said improvements, and further, that you will refund to us the amount paid, less any amounts which may have been paid by you for the construction and installation of said uncompleted improvements.

We engage with you that all drafts drawn under and in compliance with the terms of this credit d be duly honored on or before or any automatically extended date, as hereinbefore set forth. We confirm the credit and hereby undertake that all drafts, presented as above specified, will be duly honored by us.


We specifically agree that your drafts will be honored regardless of any objection made by or any third party, even if said objections indicate that all the required

improvements have been completed. In the event we refuse and fail to honor your drafts in violation of the foregoing we will be responsible for reasonable attorney fees incurred by you in enforcing your right to payment under the terms hereof. It shall be the responsibility of to resolve any disputes with the Township of Lykens and payments on drafts will not be withheld as a result of any such disputes.

Very truly yours,

ATTEST:

Secretary

The Applicant is aware of the contents of this letter of credit, understands the same, and agrees that the issuance of the same, subject to the conditions contained herein, effectively eliminates any right to object to payment of said drafts, although Applicant retains all rights to'take any legal or equitable action against the Township of Lykens to recover the proceeds of said drafts so honored, to the extent that the Township of Lykens is determined to be not entitled to the same, and/or has not refunded the same to

BY Presidenflartner


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EXHIBIT V SAMPLE SECURITY AGREEMENT

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THIS AGREEMENT made and entered into this - day of ,19, by and

, hereinafter referred to as "Applicant", and THE TOWNSHIP OF between

LYKENS, Dauphin County, Pennsylvania, hereinafter called 'TOWNSHIP''. WHEREAS, Section - of Ordinance - provides as a prerequisite to receiving

authorization to proceed to construct required improvements, the Applicant shall deposit

with the Township cash, a corporate bond or other security acceptable to the Township in

an amount sufficient to cover at least one hundred ten (110%) percent of the costs of

construction of the subject improvements which amount shall be approved by the

Township engineers in writing prior to submission of the letter of credit, and which may

be required and for such period of time as the Township determines reasonable.

WHEREAS, the Applicant has submitted final design plans a preliminary and final

subdivisionhind development plant known as to the Township

which plan has been approved contingent upon the Applicant's depositing security

acceptable to the Township to guarantee the installation of improvements shown thereon.

NOW, THEREFORE, it is hereby agreed between the Applicant and the Township

as follows:

1. The owners, at their sole expense, will construct and install the improvements

required by the final design plans for the preliminary and final subdivision/land

development plan of the development known as and by

accompanying engineering drawings identified as follows:

2. Said improvements shall be constructed and installed by

. Time of the completion of the said improvements shall be of the essence unless

extended by mutual agreement of the parties in writing.

Lykens owns ship Subdivision & Land Development Ordinance E - 9

3. The Township engineer, after submission of the Applicant's plans and

information, has determined that the amount of sufficient security for the construction and

installation of said improvements shall be Dollars, determined as follows:

4. Upon execution of this Agreement the Applicant shall deposit with the

Township an irrevocable letter of credit in the amount of at least having an

expiration date of no earlier than . Said irrevocable letter of credit shall be

issued by a suitable banking institution acceptable to the Township, shall refer to the within

Agreement and otheMTise shall be acceptable to the Township and in a form generally as

that attached hereto and marked Exhibit "IV". 5. Immediately after execution of this Agreement and receipt by the Township

of the letter of credit, the Township shall authorize the Applicant to proceed with the

construction of the improvements provided the Applicant complies with the requirements

of all other pertinent Township Ordinances.

6. Upon completion of the improvements in accordance with the procedure of

Section 510 of the Pennsylvania Municipalities Planning Code, as amended and

supplemented, and with the provisions of Ordinance the Township shall release said

security.

7. prior to acceptance of the improvements by the Township, the Applicant shall

post a maintenance bond or letter of credit in favor of the Township. This guarantee shall

be in an amount not less that 15% of the original improvement guarantee and shall bear a

term of 18 months. At the end of the 18 month period, the Township Engineer or his

designated representative shall inspect the improvements to ascertain their condition prior

to relea& of the maintenance guarantee. If any repairs are deemed necessary at this time,

as a result of this inspection, the Applicant shall make all required repairs as soon as

possible. In the event the Applicant refuses to make the repairs or is financially unable to


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do so, the Township shall invoke the provisions of the maintenance guarantee and use the

proceeds thereof to complete the repairs.

IN WITNESS WHEREOF, the parties aforesaid have hereunto set their hands and

seals the day and year first above written.

WITNESS:

By:

BOARD OF SUPERVISORS LYKENS TOWNSHIP, DAUPHIN COUNTY, PENNSYLVANIA

By: President or Vice Resident Applicant

ATTEST

Secretary


EXHIBIT VI SIGHT DISTANCE CHART

A. Safe Site Distance for passenger cars and single unit trucks exiting from driveways onto two-lane roads.

Posted Speed (mph) Safe Site Distance - Left Safe Site Distance - Right

25 250 feet 195 feet 35

45

440 feet

635 feet

350 feet

570 feet

55 845 feet 875 feet

Site Distances shall be measured in accordance with Section 503.12.a of this Ordinances.

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B. Safe Site Distance for buses and combination tmcks exiting from driveways onto two-lane roads.

Posted Speed (mph) Safe Site Distance - Left Safe Site Distance - Right



45 1225 feet 1225 feet

55 2050 feet 2050 feet

Site Distances shall be measured in accordance with Section 503.12.a of this Ordinances.

Source: PA Department of Transportation

Lykens Township Subdivision & Land Development Ordinance E- 12

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EXHIBIT VI1 GUIDELINE§ FOR THE MINIMUM DEPTHS OF PAVEMENT COURSES

Lykens Township Subdivision & Land Development Ordinance E - 13 I

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