Township of Tobyhanna - General Requirements

Purpose of Zoning Chapter

This chapter is enacted to promote, protect and facilitate the public health, safety, morals, general welfare, coordinated and practical community development, proper density of population, the provision of adequate light and air, police protection, vehicle parking and loading space, transportation, water supply management, sewerage, energy resources, schools, public grounds and other public requirements, as well as to prevent overcrowding of land, blight, danger and congestion in travel and transportation, loss of health, life or property from fire, flood, panic or other dangers. This chapter is enacted in accordance with an overall program, and with consideration for the character of the Township, its various parts and the suitability of the various parts for particular uses and structures

Artificial lights

No artificial lights shall be used by any building or premises which shall cause illumination in excess of 0.5 footcandles, either directly or indirectly, beyond the property lines of such use.

Blocks
A. Residential blocks ordinarily shall have a maximum length of 1,200 feet and commercial blocks ordinarily shall have a maximum length of 600 feet.
B. Pedestrian interior walks may be required where necessary to assist circulation or provide access to community facilities. Such crosswalks shall have a width of not less that 10 feet and be all weather for not less than four feet in width.

Clear sight triangle

(1) Streets. On any corner lot, no structure, fence, wall, shrub or plant more than 36 inches higher than the road surface shall be erected or maintained within a triangular area of three external points located 75 feet (in each of three directions) from the point of intersection of the two street center lines.

(2) Driveways. On any lot, no structure, fence, wall, shrub or plant more than 36 inches higher than the road surface shall be erected or maintained within an area along the edge of the cartway from a point on the center line of the intersecting driveway, distant 15 feet from the nearest edge of the cartway of the through road to the points on the center line of the through road for a distance of:

(a) Five hundred feet if the through road is an arterial street.
(b) Four hundred feet if the through road is a major collector street.
(c) Three hundred feet if the through road is a minor collector street.
(d) Two hundred feet if the through road is a minor or local access street.

Commercial and industrial development
A. Street systems.

(1) Access to commercial or industrial buildings and/or lots created by subdivision shall be from interior streets.
(2) Interior streets, drives, parking areas, and pedestrian walks shall provide for the safe, free and separate movement of vehicular and pedestrian traffic; all handicap parking spots shall include a sign "Handicap Parking Only - Violators Will Be Fined $50.00".
(3) The intersection of interior streets with external streets shall not create hazardous intersections or unduly inhibit the flow of traffic on such exterior streets.
(4) The points of ingress and egress shall be designed, insofar as possible, not to require commercial land industrial traffic to pass through residential areas.

B. Landscaping.

(1) Adequate landscaping screening shall be required within a buffer strip of not less than 25 feet in width to be devoted exclusively to that purpose, adjacent to all exterior lot lines of any commercial or industrial subdivision which are adjacent to or across a street from a residential area. Within said buffer strip no use, activity or sign shall be established other than the following: a directional sign in conjunction with such interior streets.
(2) The screening shall be such that it will create, unless it can be preserved from existing vegetation, within two growing seasons, a continuous screen four feet in height and of such density as to prevent from viewing any adjacent or man-made structure or object at grade level. Compliance with this section shall be so executed that sight is unobstructed at intersections within a triangle measuring 40 feet along the right-of-way and each of the frontage road and the interior streets. The applicant shall also meet the requirements of the Township of Tobyhanna Zoning Ordinance No. 378 [See Ch. 155, Zoning.] in regards to the zone district landscaping requirements.

Conformance requirements

Except as hereinafter provided, the following general regulations shall apply to all zones:
A. Conformance required. Except as hereinafter specified, no land, building, structure or premises shall hereinafter be used and no building or part thereof or other structure shall be located, erected, reconstructed, extended, enlarged, converted or altered except in conformity with the regulations herein specified for the district in which it is located.
B. Continuing existing uses. Except as provided in Subsection C, any lawful use, building or structure in existence at the time of enactment of this chapter may be continued, even though such use, building or structure may not conform with the provisions of this chapter for the district in which it is located.
C. Nonconforming uses and structures. No nonconforming use or structure shall be enlarged, extended, substituted or structurally altered unless the use thereof is changed to a use permitted in the district in which such use or structure is located, except when required to do so by law or order, except as follows:

(1) The substitution for a nonconforming use of another nonconforming use, if no structural alterations are made; provided, however, that in any OS, RR, R-1 or R-2 District, any nonconforming residential use shall not be changed to a nonresidential use; further provided that in any OS, RR, R-1 or R-2 Districts, a nonconforming nonresidential use shall not be changed to any use prohibited in a C District; and further provided that in any C District, no change shall be permitted to any use prohibited in the CI District. The substituted nonconforming use shall conform in all respects to the requirements for such use in the district where it normally would be permitted.
(2) Whenever a nonconforming use has been changed to a more conforming or totally conforming use, such use shall not thereafter be changed to a less conforming use.
(3) Any nonconforming use or nonconforming structure may be enlarged by an amount not to exceed 50% of the existing land coverage area or 25% of the existing square footage area devoted to such nonconforming use or nonconforming structure, whichever is greater; provided, however, that with respect to any such enlargement, all setbacks, height restrictions, parking, screening and other requirements or restrictions which are the most restrictive (i.e., either of the district in which the nonconforming use or nonconforming structure is located or of the district in which such use or structure would be permitted) are complied with.

D. Restoration, repair and abandonment of nonconforming buildings.

(1) Restoration. Any lawful nonconforming building or other structure which has been damaged or destroyed by fire, explosion, windstorm or other external cause may be reconstructed in the same location, provided that:

(a) The reconstructed building or structure shall not exceed the height, area or volume of the damaged or destroyed building or structure, except as permitted in Subsection C(3) above.
(b) Reconstruction shall begin within one year from the date of damage or destruction and shall be carried on without substantial interruption.

(2) Repair. Nothing in this chapter shall prevent the repair, maintenance or strengthening of any part of a nonconforming building or structure.
(3) Abandonment. If a lawful nonconforming use of land, building, sign or other structure has been discontinued for one year or more, it shall be presumed to be abandoned and subsequent use of such building or structure or land shall be in conformity with the provisions of this chapter applicable to the district in which it is located.

E. Existing nonconforming lots. In any zone, where a nonconforming lot exists as a separate entity at the time of passage of this chapter, or where the nonconforming lot exists as a result of an approval of a subdivision plan by either the Monroe County Planning Commission or the Tobyhanna Township Planning Commission, then the following development is permitted:

(1) If the lot is located in the RR, R-1, R-2 and/or OS District, a single-family dwelling and customary accessory buildings may be constructed on it as a permitted use, provided that all setbacks, habitable floor area and maximum building height shall conform with the requirements for said use in Article X: Minimum Lot and Yard Requirements of the Zoning Chapter of the Tobyhanna Township Code of Ordinances and the applicable attachments thereto, as amended. The lot coverage permitted on a nonconforming lot shall be limited to and shall not exceed the maximum amount of lot coverage permitted on the smallest allowable conforming lot for the proposed use within the zoning district where the nonconforming lot is located. The lot coverage on a nonconforming lot shall not exceed the requisite setbacks.
(2) If the lot is located in any zoning district other than RR, R-1, R-2 and/or OS, then a structure may be constructed on it for a use permitted in the district in which it is located, provided that off-street parking and loading requirements of this chapter and all lot and yard requirements of Article X: Minimum Lot and Yard Requirements of the Zoning Chapter of the Tobyhanna Township Code of Ordinances and the applicable attachments thereto, as amended, for the specific use being proposed are complied with, with the exception of lot area, lot coverage, lot width and lot depth. The lot coverage permitted on a nonconforming lot shall be limited to and shall not exceed the maximum amount of lot coverage permitted on the smallest allowable conforming lot for the proposed use within the zoning district where the nonconforming lot is located. The lot coverage on a nonconforming lot shall not exceed the requisite setbacks.

F. Existing nonconforming lots with same ownership. Where adjacent nonconforming lots are in the same ownership at the time of passage of this chapter, Subsection N shall apply.

Construction requirements
A. The roadway and shoulders shall be constructed in strict conformity to the details shown on the typical section on the approved plan. The Township shall be notified where areas are ready for testing, in accordance with other sections of these specifications. PDT specifications shall be followed as outlined before.
B. The center line of the roadway shall be in the center of the proposed right-of-way, unless written prior approval is granted.
C. Proper horizontal and vertical control shall be established to perform the work according to the approved plan and to match the grades and roadway cross slopes indicated on the plan.
D. No roadway embankment shall be constructed at a slope of greater than 2:1.
E. Right-of-way areas shall be cleared to construct all improvements properly, and to provide clearances indicated from edge of paving to edge of obstruction.
F. Markers shall be established to reproduce right-of-way, as shown on the approved plan.
G. Assistance shall be requested from Township, when in doubt as to methods or requirements, or for special site conditions which affect approved designs.
H. All embankments shall be seeded with acceptable seed and mulch, in conformance with Section 804 of PDT 1983 specifications and Table A.
I. All debris shall be removed and excess excavations generated from the project, and same shall be disposed of in a legal manner.
J. Street sign posts and signs shall be constructed as required by the Township.

Driveway Access

The installation of any driveway which accesses any street or roadway, or which requires a road or curb cut, in addition to any other provision of the Code, shall conform to the regulations of the Pennsylvania Department of Transportation (hereinafter referred to as "Department regulations") for highway occupancy permits, in the following particulars:

(1) A minimum use driveway as defined in the Department regulations shall conform to the applicable plan requirements set forth therein, as determined by the Township Engineer, and the applicant shall provide the Township with the same information as required by form M-950A.
(2) In the case of a driveway not classified as a minimum use driveway in the Department regulations, the driveway shall conform to the applicable plan requirements, as determined by the Township Engineer, set forth in Section 441.3(i) of the Department regulations, and the applicant shall provide the Township with the same information as required by form M-945A, and form M-950A.

Erosion control
A. Compliance; plan requirements.

(1) Erosion control shall comply with all local, state and federal regulations pursuant to prevention of soil erosion and sedimentation and comply to all requirements outlined in Section 845 of PennDOT 1983 Specifications, unforeseen project water pollution control (soil erosion) during construction periods.
(2) At the time of preliminary submission, detailed erosion and sedimentation control plans and narrative reports for approval by the Township and controlling agencies shall be provided. The plan shall include the location of temporary ditches, hay bales, sill fences, detention areas, areas of temporary and permanent seeding, etc., as required.

B. Design standards.

(1) The latest standards provided by the Local Soil Conservation Office pursuant to providing adequate protection, including but not limited to silt fence, stacked hay bales, temporary ditches, berms, dikes, etc., shall be used.
(2) Proposed erosion and sediment control shall be so designed to prevent erosion and sedimentation on and off site, and in compliance with regional stormwater management and local ordinances.
(3) Clearing and grubbing shall be kept to a minimum when feasible. Permanent erosion control features shall be implemented as early as possible.
(4) Design standards shall be coordinated for the project with local SCS Officials.

Fences and Walls

A. No fence or wall hereinafter erected, altered or reconstructed in any district in the Township of Tobyhanna may exceed two feet in height above the ground level when located within the clear sight triangle of the intersection of two street lines or driveway.

B. No fence or wall hereinafter erected, altered or reconstructed shall exceed six feet in height above the adjacent ground level. The higher of two ground levels shall be used in measuring such height when a wall is in whole or part a retaining wall.

C. The foregoing restriction shall not be applied so as to prevent the erection of an open wire fence not exceeding 15 feet in height above ground level anywhere within a public park, public playground, public school, commercial recreation use or commercial resort property when used to fence recreation activities or when used as a deer fence for the protection of property.

D. The foregoing restriction shall not be applied so as to prevent the erection of a fence not exceeding 15 feet in height above ground level within a Commercial or Commercial/Industrial District when used to fence industrial, commercial, or commercial/industrial activities and or property for security purposes.

E. The following fences and fencing materials are specifically prohibited at any location on a residential or commercial lot: barbed-wire fences and sharp pointed fences.

F. Every fence or wall shall be maintained in a safe and sound condition.

G. All fences or walls must be erected within the property lines, and no fences shall be erected so as to encroach upon a public right-of-way.

H. Electrically charged fences shall be permitted in all zoning districts when used for the purpose of confining livestock in a fenced area or in accordance with the provisions of the rules and regulations of the Commonwealth of Pennsylvania Game Commission or other agencies of the Commonwealth of Pennsylvania or County of Monroe in controlling the preservation of real and personal property. Application for a permit for the construction of such fences must be made to the Zoning Officer for review and approval. Documentation which shall include but not be limited to approvals from the aforementioned governmental agencies to support the use of such electrically charged fencing must be submitted with the zoning application.

See § 155-54: Fences and walls for more information.

Flood area controls

(1) Identified floodplain areas.

(a) No construction or development shall take place within any identified floodplain area of the Township, unless its purpose is for the containment, redirection or avoidance of water (i.e., dams, dikes or bridges).
(b) As of the effective date of this chapter, repairs, improvements or modifications to an existing structure in a floodplain area, the total costs of which are less than 50% of the market value of the structure, but not including the value of the land, are permitted, provided that such work does not result in the expansion or enlargement of the structure.
(c) The following uses are permitted in an area designated as a flood area:

[1] Customary agricultural operations exclusive of buildings or structures as defined in this chapter.
[2] Outdoor plant nurseries.
[3] Forestry and seed production excluding storage and mill structures.
[4] Fishing and fish hatcheries.
[5] Retail seasonal agriculture.
[6] Parking lots.
[7] Temporary fairs or carnivals.
[8] Accessory uses for residential purposes.
[9] Private sportsmen's clubs (for example, archery, hunting and model planes).
[10] All outdoor recreational activities, golf, tennis, etc.
[11] Orchards.
[12] Grazing.
[13] Wildlife sanctuaries.
[14] Natural preserves.
[15] Swimming areas.
[16] Boat launching sites.
[17] Related residential uses such as lawns, gardens and parking.

(d) The following uses are prohibited:

[1] Walled and roofed buildings including gas or liquid storage tanks.
[2] Structures and other development, other than dams, dikes or bridges, which may impede, retard or change the direction of the flow of water in such streams or floodplain areas, which may catch or collect debris carried by such water or which may be carried downstream causing damage or detriment of either public or private property.
[3] On-lot or community sewage disposal bed systems.

(e) Structures and development not expressly prohibited may only be allowed if authorized as special exceptions by the Zoning Hearing Board under Article XIV: Special Exceptions of this chapter. All necessary federal and state permits such as those required by the Pennsylvania Sewage Facilities Act (Act 1966-537, as amended); the Pennsylvania Dam Safety and Encroachments Act (Act 1978-325, as amended); the Pennsylvania Clean Streams Act (Act 1937-394, as amended);[1] and the U.S. Clean Water Act, Section 404, 33 U.S.C. § 1334, shall be obtained prior to the application for such special exception. In addition, all adjacent municipalities and the Pennsylvania Department of Community and Economic Development, Bureau of Community Planning, shall be notified, in writing, by the applicant by certified mail setting forth the time, date and place of such hearing and requesting such agency to respond, in writing, setting forth such agency's objections to such structure, if such is the case, prior to any alteration or relocation of any watercourse.

(2) Delineation of identified floodplain areas.

(a) For the purpose of this chapter, the identified floodplain shall be those areas of the Township which have been identified as being subject to flooding by a one-hundred-year flood. These areas are identified on the most current Flood Insurance Rate Map (FIRM) which is included in the Flood Insurance Study (FIS) prepared by the Federal Emergency Management Agency for the municipality, dated December 16, 1988, or the most recent revision thereof.
(b) The identified floodplain area may be reviewed or modified by the Board of Supervisors where studies or information provided by a qualified agency or person documents the need for such revision or modification. However, prior to any such change, approval must be obtained from the Federal Emergency Management Agency.
(c) Should a dispute concerning any identified floodplain boundary map arise, any party aggrieved by such determination may appeal to the Board of Supervisors. The burden of proof shall be on the appellant.

General modifications

The following modifications to the requirements of this chapter are permitted under the terms and specifications herein stated:

A. Height. The height limitation of this chapter shall not apply to church spires, belfries, cupolas, chimneys, ventilators, skylights, bulkheads or similar features or to necessary mechanical appurtenances usually carried above roof level. Such features, however, shall be erected only to such heights as are reasonably necessary to accomplish the purpose they are to serve. The provisions of this chapter shall not apply to prevent the erection above the permitted building height limit of a parapet wall (without windows) or cornice for ornamental purposes extending above such height limit not more than five feet, or other specific purpose structures as provided herein.

B. Projection. Decks, porches and raised patios are to be considered part of a building for the purpose of calculating setbacks and yard sizes. Chimneys, cornices or eaves may project into any front, side or rear yard, provided that such projections do not exceed three feet. An open or lattice-enclosed fire escape, fireproof outside stairway and handicap ramp may project into any front, side or rear yard, provided that such projection does not exceed six feet. Under no circumstances shall any projection be closer than 10 feet to any lot lines.

C. Setbacks.

(1) The required side and rear setbacks (see Article X) may be reduced up to 50% if the following circumstances exist:

(a) Due to topographic or other physical conditions of the site, the property which adjoins the side or rear yard cannot be developed for residential, commercial or industrial purposes; or
(b) The adjoining side or rear property is under the control of a governmental body, property owners' association or other institution which cannot reasonably be expected to develop the property; and
(c) Such reduction in the minimum setback requirements is not otherwise inconsistent with the objectives of this chapter.

(2) In no event shall the setback distance be reduced to less than 12 feet.
(3) Notwithstanding the provisions of this Subsection C, no modification in the setback provisions of this chapter shall be made if any of the following circumstances exist:

(a) If a recorded or approved plot map or plat depicting the property to which the reduced setback would apply contains covenants or plan notations, or otherwise indicates the subdivider's intention to maintain greater setbacks; or
(b) If a recorded or approved plot map or plat depicting the property to which the reduced setbacks would apply depicts a greenbelt or open space of less than 150 feet in width adjoining the property line to which the setback would apply, which provides for the mutual aesthetic enjoyment of all properties in the subdivision. The width of the greenbelt or open space shall be measured from the applicant's property line to the nearest point of the property line opposite.

(4) Upon request of an application for a zoning permit which relies upon the provisions of this Subsection C, the Zoning Officer shall make the initial determination regarding the applicability of this Subsection C. The Zoning Officer's determination shall be made within the time period established by § 155-133 of this chapter. The applicant or any other person aggrieved by the decision of the Zoning Officer may appeal such determination to the Zoning Hearing Board in accordance with the provisions of Article XIII.

General planning considerations
A. Where either or both an official map or general development plan has been adopted, the subdivision shall conform to the proposals and conditions shown thereon. The street, drainage rights-of-way, school sites, public parks and playgrounds shown on an officially adopted general development plan or official map shall be considered in approval of subdivision plats.
B. All portions of a tract being subdivided shall be taken up in lots, street, public lands or other proposed uses so that remnants and land-locked areas shall not be created.
C. Reserve strips controlling access to lots, public rights-of-way, public lands or adjacent private lands are prohibited.
D. Wherever possible, lot lines shall follow municipal and county boundary lines rather than cross them.
E. The Planning Commission and/or Supervisors may direct the subdivider/developer to preserve trees, groves, topsoil, waterways, wetlands, scenic points, historic resources or places and other community assets, landmarks or natural features.
F. Floodplain areas.

(1) The subdivider/developer shall comply with Ordinance No. 378, Section 601.5. The Township of Tobyhanna Ordinance Relating to the Control of Floodplains. [See Ch. 77, Floodplain Management.]
(2) The subdivider/developer shall refer to the current Flood Insurance Rate Map of the Township of Tobyhanna for floodplain location.

G. The Board of Supervisors shall require the subdivider/developer to obtain from the DEP the certificates of approval or required permits as to the quality and adequacy of any centralized water supply proposed by the subdivider/developer. (See § 135-38 regarding community, nontransient, or noncommunity water system.) Where any area within the proposed subdivision or land development is within the one-hundred-year floodplain, such area shall be clearly marked "subject to periodic flooding" on the lot plan and shall not be platted in streets and lots.
H. With respect to sewage, the developer/subdivider shall comply with DEP regulations as per Act 537, the Pennsylvania Sewage Facilities Act, including all planning modules. Lots created by subdivision will require a site suitability report per DEP and Township regulations. The Township Sewage Enforcement Officer shall have the authority to enforce Act 537. Soils and site suitability evaluations must be completed as part of the preliminary plan submission.
I. Easements for utilities shall be provided and shall conform in width and alignment to the recommendations of the appropriate utility company. Easements shall also be provided for all stormwater, drainage ditches, or sewers and watercourses. All easements shall be shown on the final plan and the Township or its agents or other official representative shall have the right to enforce the restrictive easements relative to drainage, water supply and sewerage disposal in the event the developer and/or lot owners association fail or are unable to enforce them. They shall further have free access to all developments and lots at all times for the purpose of inspection and enforcement.

Guide rail
A. Where an embankment is to be constructed, or where an obstruction is encountered, i.e. abutment wall, cliff, bridge structure, creek etc., the Township shall require the installation of guide rail to protect the public from harm or injury.
B. The method for determining the need for a guide rail shall be in conformance with the procedure currently adopted by PennDOT, i.e., Design Manual or Guidelines for Designs of Local Streets, and the Township shall have the final decision pursuant to this matter.
C. All guide rails shall be PennDOT Type 2S or an approved equal.
D. Where a guide rail is to be installed, the embankment width shall be extended three feet beyond the edge of the shoulder to permit the placement as noted on the Typical Section, and so that the guide rail is at a minimum of one foot from the edge of embankment.

Interpretation (Application of provisions of Zoning Chapter)

A. In interpreting and applying the provisions of this chapter, they shall be held to be the minimum requirements for the promotion of the health, safety, morals and general welfare of the Township. The Comprehensive Plan in accordance with which this chapter is enacted and which is reflected in the provisions of this chapter has been formulated to implement the purpose set forth in § 155-2: Purpose, in the respects therein stated and more particularly with a view toward the following objectives:

(1) Guiding and encouraging the growth, development and redevelopment of the Township of Tobyhanna in accordance with the comprehensive planning of land use and population density that represents the most beneficial and convenient relationships among the residential, commercial, industrial and recreational areas within the Township, having regard to their suitability for the various uses appropriate to each of them and their potentiality for such uses, as indicated by topography, drainage and soil conditions, existing transportation and other man-made conditions, and trends in population, in the direction and manner of the use of land, in building development and in economic activity, considering such conditions and trends both within the Township and with respect to the relation of the Township to surrounding areas.
(2) Protecting the character and the social and economic stability of each of such areas and encouraging their orderly and beneficial growth.
(3) Protecting and conserving the value of land and buildings throughout the Township appropriate to the various zoning districts established herein.
(4) Bringing about through proper timing the gradual conformity of land use to the Comprehensive Plan aforesaid, and minimizing conflicts among the uses of land and buildings.
(5) Aiding in bringing about the most beneficial relation between land use and circulation of traffic throughout the Township, having particular regard to traffic, and the avoidance of congestion in the streets and the provision of safe and convenient access appropriate to the various land uses.
(6) Aiding in providing a guide for public policy and action in the efficient provision of public facilities and services, in the provision of safe and proper sanitary sewage disposal and for private enterprise in building development, investment and other economics relating to land use.
(7) Preserving and enhancing the visual character and natural beauty of Tobyhanna Township.
(8) Prohibiting the use of unsuitable land for houses, buildings of all types and other development.
(9) Prohibiting the unnecessary change of the topography and unnecessary cutting or clearing of forested areas of the Township.

B. Insofar as such objectives are consistent with the purpose set forth in § 155-2: Purpose and with the aforesaid minimum requirements, the provisions of this chapter shall be interpreted, administered and applied in such manner as will facilitate attainment of said objectives and the community development objectives referred to in Article II: Community Development Objectives.

Interpretation of district boundaries

Where uncertainty exists as to the boundaries of any district as shown on the Zoning Map, the Zoning Hearing Board, upon written application or upon its own motion, shall determine the location of such boundaries. Unless otherwise noted or fixed by dimensions on the map, such boundaries are intended to follow the center lines of streets, roads and watercourses, or lines parallel thereto; property lines; and/or ridge lines.

Lots divided by district boundary lines

Where a district boundary line divides a lot which was in single ownership and of record at the time of enactment of this chapter, the uses of the district which covers the larger or largest portion of the lot shall be permitted by special exception permit to extend beyond the district boundary a distance not greater than 100 feet.

Miscellaneous
A. Upon completion of improvements and upon preliminary acceptance from the Township, final inspection shall be scheduled to release the construction bond. When applicable procedures outlined herein shall be followed before acceptance by the Township. Note: No bond shall be reduced in any part, until the entire project work is completed, relative to all improvements (roads, drainage, erosion control. etc.).
B. General.

(1) All materials herein provided shall be in accordance with those recommended in other sections of these specifications, and per PennDOT construction standards for the applicable item.
(2) Drainage facilities shall be provided in strict conformity with the approved plan. Ditches and facilities which erode due to lack of seed or protection shall be regraded and reshaped to conform to the approved plan requirements.
(3) Compaction for pipe trenches shall be to at least 95% of the material's dry-weight density, as determined by Modified Proctor Test ASTM D1557, Method C or D.
(4) Approval shall be received from the Township for backfill material, prior to its use. Backfill material shall be placed in eight-inch loose lifts and mechanically tamped to the desired compaction as indicated.
(5) Compaction by use of backhoe buckets, running over trenches with equipment or trucks, etc., is not acceptable. Either a trench roller of adequate size, or a mechanical wacker-tamper shall be used.
(6) Minimum pipe size shall be 18 inches for roadway pipes, and the minimum cover shall be 12 inches, measured from the top of the pipe to final surface elevation over the pipe.
(7) Roadway ditches shall be constructed in the location approved on the plan, and to the dimensions and grades indicated, but in no case shall they be less than the minimum requirements set forth herein before. Rock lining of ditches is required for grades over 7%, grass lining for 7% or less, and minimum grade is .75%.

C. Construction. All drainage facilities (pipes, roadway ditches, drainage swales, ponding basins, inlets, manholes, etc.) shall be constructed as shown on the approved plan.

(1) Grades on pipes and ditches shall be continuous with no bends, deflections, high or low points, etc. Proper level elevations shall be provided to eliminate deflections, bends, and high or low points. Uniform grades shall be provided on all drainage facilities.
(2) Roadway cross pipes or roadway pipes shall be constructed prior to placement of paving.
(3) Reflective markers and posts at all roadway pipes, at inlet and outlet side, shall be constructed per Township directions.
(4) Ditches shall be seeded or lined as soon as possible to prevent erosion and sedimentation.
(5) Outlet areas shall be constructed to proper grade, size and slope to allow for adequate flows.

Miscellaneous requirements
A. Subgrade areas shall be prepared and rolled in strict conformance with applicable sections of PennDOT 1983 specifications. In all cases, unsuitable subgrade areas shall be overexcavated to a suitable depth and approved shale, bank run, or No. 3 stone place and compacted to a desired density.
B. Where underground utilities or piping is to be placed in any roadway or shoulder area, the pipe shall be placed in the shoulder or embankment area if possible, unless approved otherwise.
C. Backfill material for underground utilities or other piping shall be clean fill, free of mud, clay, wood, stumps, brush, roofs, bricks or any rocks larger than six inches in any dimension. The Township shall make the final decisions as to suitability of backfill material and placement of rocks in any trench.
D. In all cases, compaction of backfill material shall be performed in eight inch loose lifts and mechanically tamped with hand tampers to at least 95% of the materials dry-weight density as determined by Modified Proctor Test ASTM D-1557, Method C or D. No lift shall be placed on the previous lift, until the previous lift has attained the desired compaction. Compaction by use of running over trench with equipment or by pounding trench with backhoe bucket is prohibited and unacceptable.
E. Subbase materials are hereby defined as Penn DOT Type C Aggregate, or better, No. 2A, as per Section 703.2 of PennDOT 1983 Specifications. Shale is not an accepted subbase material; however, bank run material may be accepted as subbase material, provided samples of same are submitted in advance for approval or disapproval by Township.
F. Streets signs, regulatory signs, and posts shall be provided and indicated on the plan, and shall conform to all requirements of the PennDOT and the Township as applicable to same, including type of materials, size, dimensions, placement, etc. One street sign shall be at each intersection identifying the streets.
G. Clearing and grubbing of right-of-way areas are required for the full cartway and shoulder width, plus the full width of the embankments and/or roadway ditches, including the removal of all trees, stumps, weeds, including root systems, mud, clay, debris, boulders, etc., which shall be removed from right-of-way areas and disposed of in a legal manner. No tree shall be left within nine feet from any edge of pave, nor shall any branches overhang within eight feet from the edge of pave, horizontally, or 15 feet vertically.
H. Right-of-way control must be indicated on the plan and verified in the field in order to have references for reestablishment of right-of-way, which requirement can be met by placing iron pins in lot corners, or monumentation (iron pins) at intervals to reproduce the right-of-way. The location where right-of-way control is to be provided must be shown on the plan.
I. Prior to receiving final plan approval, the developer must list the cost for all improvements proposed including roadway items, drainage items, erosion control, etc., in order that the Township can determine the amount of the bond for the same. Refer to the bonding section of this chapter for specific details.

Mobile home park development
A. Application. All mobile home parks shall conform to all provisions of these regulations and/or the Pennsylvania Department of Environmental Protection, whichever is of higher standards. The developer shall submit satisfactory evidence of the approval of the Pennsylvania Department of Environmental Protection (DEP) before approval will be granted by the Board of Supervisors.
B. Landscaping.

(1) Adequate screening and/or fencing shall be required within a buffer strip of not less than 25 feet in width to be devoted exclusively to that purpose, adjacent to all exterior lot lines of mobile home parks. Within said buffer strip, no use, activity or sign shall be established other than the following: Directional signs in conjunction with said interior streets.
(2) The screening and/or fencing shall be such that it will create, unless it can be preserved from existing vegetation, within two growing seasons, a continuous screen five feet in height and of such density to prevent from viewing any man-made structure or object at grade level. Compliance with this section shall be so executed that sight is unobstructed at intersections within a triangle measuring 30 feet along the frontage road right-of-way and 20 feet along the right-of-way of interior sheets.

C. Access. Access to mobile home lots shall be from interior streets, which shall conform to the requirements of a minor local street. Access to lots shall not be from an existing public street.
D. Off-street parking. Each mobile home lot shall be provided with two parking spaces, of not less than 400 square feet, surfaced with a select material (e.g. shale, crushed stone, gravel, etc.) not less than six inches thick.
E. Spacing. No mobile home shall be less than 60 feet from any portion of any other mobile home or any permanent building.
F. Recreation. At least 10% of the total area of a mobile home park, exclusive of the buffer strip, shall be devoted to playground(s), park(s), or other active recreational purposes.

Noise

(1) No person shall operate or cause to be operated on private or public property any source of sound in such a manner as to create a sound level which exceeds the limits set forth for the receiving land use category in the following table when measured at or within the property boundary of the receiving land use:

	Sound Level Limits by Receiving Land Use and Time
Land Use or Zoning District Receiving Noise	Hours and Days	Maximum Permitted Sound Level (dBA)
Principally residential lots or nursing homes	7:00 a.m. to 8:00 p.m. other than Sundays and major legal holidays	50
	8:00 p.m. to 7:00 a.m. and Sundays and major legal holidays	40
Industrially developed or zoned lots	All times and days	65
Any lot not listed above	7:00 a.m. to 8:00 p.m. other than Sundays and legal holidays	55
	8:00 p.m. to 7:00 a.m. and Sundays and major legal holidays	50

(2) The maximum permissible sound level limits set forth above shall not apply to any of the following noise sources:

(a) The emission of sound for the purpose of alerting persons to the existence of an emergency.
(b) Emergency work to provide electricity, water or other public utilities when public health or safety are involved.
(c) Domestic power tools, between the hours of 7:00 a.m. to 8:00 p.m.
(d) Construction (including necessary blasting) and street and utility repair operations.
(e) Agriculture.
(f) Motor vehicles traveling on public streets. (See the State Motor Vehicle Code.)[4]
(g) Public celebrations, specifically authorized by the Township.
(h) Railroads or airplanes.
(i) The unamplified human voice.
j) Activities conducted in public parks, public playgrounds, sanctioned recreation activities at private clubs and community associations, public and private school grounds, including but not limited to school athletic and school entertainment events, between the hours of 8:00 a.m. and 8:00 p.m.

(3) For any source of sound which emits an impulsive sound (a sound of short duration, with an abrupt onset and rapid decay and an occurrence of not more than one time in any fifteen-second interval), the sound level shall not exceed 20 dBA over the ambient sound level between the hours of 7:00 a.m. to 6:00 p.m. and 10 dBA between the hours of 6:00 p.m. to 7:00 a.m.

Performance guarantee required; form and amount
Before the Board of Supervisors approves the final subdivision or land development plan for recording, the subdivider or developer shall complete all improvements or common amenities as the Supervisors require in the public interest, meeting the required design and specification requirements set forth in the preceding sections or the prevailing standards as established by the Supervisors, or the subdivider/developer shall guarantee the Township the completion of the legal agreement(s) stating performance guarantees by the subdivider/developer. The guarantees shall be in the form of a term bond or the deposit of funds in escrow to cover the cost of the specified improvements or a federal- or commonwealth-chartered lending institution irrevocable letter of credit and restrictive or escrow accounts sufficient to be equal to 110% of the certified engineer's estimate as 90 days following the date scheduled for completion by the developer. The amount of financial security required shall be based upon an estimate of the cost of completion of the required improvements, submitted by an applicant and prepared by a professional licensed engineer as such in the Commonwealth and certified by such engineer to be a fair and reasonable estimate of such cost.

Principal residential buildings

The number of principal residential buildings on any one tract in any of the residential districts shall not exceed the number permitted by projection of the maximum density of the district in which the tract is located. No yard or other open space provided about any building for the purpose of complying with the provisions of this chapter shall be considered to provide a yard or open space for any other building. The construction of more than one principal residential building on any one tract shall not relieve the property owner of the obligation of complying with the subdivision requirements of the Township in effect in the event of, at the time of, any subsequent application for subdivision whether for purposes of sale or otherwise.

Public utilities
All public utility lines required to service the subdivision shall be planned and a letter presented.

Residential development
A. Application. All residential subdivisions, except mobile home parks, shall conform with the provisions of this section.
B. Corner lots shall be at least 25% greater (in area) than interior lots and shall have a minimum of one-hundred-foot frontage for the R-2 and R-3 Zoning Districts.
C. Recreation. Not less than 5% of the gross area of the entire tract exclusive of lakes shall be reserved for the common recreational use of the residents of that subdivision or the general community, except where such area would be less than 10,000 square feet. The following and similar facilities shall meet this requirement: swimming pools (but not lakes), tennis courts, riding and cycling paths, playgrounds and community centers.
D. If remnants of land exist after subdividing, they shall be incorporated in existing or proposed lots, used for facilities to be maintained by a lot owners association, or dedicated to public use if acceptable to the Planning Commission and the Board of Supervisors.

Roadway composition
A. All materials for roadway construction shall be provided in strict conformance to PennDOT 1983 specifications.
B. All typical roadway construction shall be provided on the plan to show the width of roadway, shoulders, right-of-way, etc., as determined by the Township.
C. Materials for roadway construction shall consist of: six inches of subbase material: three inches bituminous concrete base course; one-and-one-half inches ID-2 wearing course. Refer to typical section and construction section of these specifications for further details.
D. Subgrade shall be prepared in conformance with applicable sections of PennDOT 1983 specifications.
E. Shoulders shall be constructed with four inches of subbase material, as outlined in other sections of these specifications.
F. All depths indicated are compacted depths, measured in place.

Sanitary sewers
A. Public sewers. Where an approved public sanitary sewer system is within 1,000 feet from the development, all necessary mains and laterals for connection from the lots to the system, as shown on the preliminary and final plans, shall be installed by the subdivider/developer.
B. Project sewers. If public approved sewage disposal is not available, and the sewage treatment is on a project basis, the subdivider/developer on submission of preliminary plans for approval shall submit evidence that he has complied with the applicable Department of Environmental Protection (DEP) regulations; and shall submit such evidence to the Supervisors.
C. On-lot septic systems. If an approved public sanitary sewage system is not accessible to the development, the subdivider/developer or lot owner shall provide for on-lot sewage disposal in conformance with the requirements of the DEP and the appropriate planning module. The subdivider shall also furnish with the preliminary plan, percolation tests and site suitability report in accordance with the DEP requirements and approved by the Sewage Enforcement Officer of the Township.
D. Wastewater treatment plant effluent limits. For all wastewater treatment plants discharging above any lake or impoundment with a detention time of 14 days or greater (based on average flow conditions), the following effluent criteria is established by the Township:

	Average Monthly Concentrations (mg/l)	Instantaneous Maximum (mg/l)
CBOD5	10.0	20.0
Total suspended solids	10.0	20.0
NH₃ (May through Oct.)	3.0	6.0
NH₃ (Nov. through Apr.)	9.0	18.0
NO₂+ NO₃ as N	14.0	28.0
Phosphorus as P	.5	1.0

E. The year-round limit of 100 to 200/100 ml shall be used by the Township. If designed and used properly, ultraviolet disinfection will produce an effluent without any fecal coliform on a regular basis. Tertiary treatment shall be provided at all new treatment plants in the Township. Although there are many forms of tertiary treatment for the purposes of meeting the required criteria, tertiary treatment is defined as treatment process consisting of biological waste treatment, alum addition, filtration, and disinfection (preferably with ultraviolet disinfection) or equivalent.
F. Reducing the phosphorous concentration in the effluent to .5 mg/l is a key element in reducing the eutrophication potential of downstream lakes and reservoirs. This level can be obtained in an economically feasible manner.
G. The Township also requires those copies of all monthly discharge monitoring reports' (reports submitted to the DEP describing compliance with NPDES permit) and all correspondence between the plant owner and DEP should be copied to the Township each month.

Storm drainage design
A. General.

(1) Storm drainage systems shall be provided to permit the unimpeded flow or natural watercourses, ensure adequate drainage of all low points along streets, intercept stormwater run-off along streets at intervals related to extent and grade of areas drained, to provide drainage of water from low points and natural low-lying areas, to carry water runoff away from critical roadway areas, damage to roads, shoulders, embankments, and adjacent public and private property.
(2) For areas less than 100 acres, the Rational Method shall be used for computing runoff, utilizing the formula Q=CIA. Runoff coefficients shall be consistent with those outlined for this method, as found in PennDOT Design Manual 2. Intensity shall be for a twenty-five-year storm, ten-minute duration. Areas shall include all areas on and adjacent to the site which contribute to watershed areas. For special circumstances, the Township Engineer will determine requirements. The postdevelopment rate of runoff shall be equal or less than the predevelopment rate of runoff. For areas of 100 acres or greater, the Soil Conservation Service Method shall be utilized. This method is outlined in Soil Conservation Service Technical Report No. 55.
(3) For developments where phased development will occur, the initial calculations for early phases shall include all areas on- and off-site which contribute to water runoff, including those areas which will not be developed at the present time. Drainage facilities within initial phases of the development must be sized to handle all expected runoff when the entire site is completed.
(4) Data to be provided in the preliminary phase of the project shall include a map or maps of the entire watershed area, detailed hydraulic calculations by one of the methods prescribed before; a storm drainage narrative, detailed storm drainage plans showing the type and size of all pipes, their locations, the slope of the pipe, the inlet and outlet elevations, the location, grade and depth of all roadway ditches including their treatment, the location and size of any drainage pipes within and adjacent to the site which may be affected by the development, plus any additional pertinent information requested by the Township.

B. Requirements.

(1) Maps of watershed area shall be provided to show the lands within and adjacent to the site which contribute to water runoff. Drainage areas shall be indicated and specified. Maps of watershed areas shall show contours and grade percentages at appropriate intervals, i.e.: two feet for fairly flat sites: five feet for moderately steep sites; and 10 feet for very steep sites. Maps shall contain the location of all streams, lakes, ponds, swamps, wetlands, and natural waterways.
(2) Detailed hydraulic calculations shall be provided which shall indicate peak runoff prior to and after development; computations justifying the location, size, type and grade of drainage facilities proposed now and in future development areas; calculations as determining the size of detention or ponding basins; calculations as to peak runoff expected on adjacent roadway drainage facilities; etc., as may be requested.
(3) Drainage plans shall include: plan views showing the exact location of all pipes, ditches, swales, waterways, structures, etc.; their size and proposed grade, and pertinent information relevant to their constructions; profiles of all proposed pipes. swales roadway ditches, and other drainage facilities, with sufficient details as to size, slope, grade, and treatment.
(4) Narrative reports as to how phases will be developed in terms of drainage facilities, and sufficient details on the entire drainage system and their anticipated effect on adjacent property and surrounding drainage facilities.
(5) Copies of any permits required by the Pennsylvania Department of Environmental Protection, US Army Corps of Engineers, and PennDOT, relative to the construction of drainage on site which will require permits to connect to their facilities, or to alter their facilities, or to disturb or relocate their facilities, or which will have an adverse affect on the same and surrounding wetlands or waterways.
(6) A copy of drainage releases for discharge of additional water runoff onto any adjacent property. A drainage release is required when the water runoff on site is increased and/or may have an adverse affect on surrounding property. Releases shall be secured from any affected property owner.
(7) Ordinance No. 352, The McMichaels Creek Watershed, and Stormwater Management on the Broadhead Stormwater Management Ordinance, and any other stormwater watershed ordinance must be complied with. [See Ch. 124, Stormwater Management.]

C. Minimum design standards.

(1) The minimum size for any storm drainage pipe shall be 18 inches. The pipe shall be corrugated metal, galvanized metal, reinforced concrete, or any approved substitute. In all cases the pipe shall be manufactured in the United States of America.
(2) All pipes shall be bedded with a minimum of four inches of crushed stone or shale, and bedding shall be carried around the pipe, up to 1/2 the outside diameter.
(3) Minimum cover for any drainage pipe is 12 inches, measured from the top of the pipe to the final surface elevation over the pipe.
(4) Backfill for pipes shall be with clean fill, free of mud, clay, wood, roots, stumps, bricks, or rocks greater than four inches in any dimension. Approval must be obtained from the Township for the type of material to be used.
(5) Backfilling of pipe trenches shall be eight-inch loose lifts, and mechanically tamped to at least 95% of the materials dry-weight density, as determined by Modified Proctor Test ASTM D-1557, Method C or D. No layer shall be constructed until previous layers have attained desired compaction.
(6) No cinder block or solid concrete block construction is allowed for any proposed manhole, inlet, or endwall. Units must be poured in place or be precast units.
(7) Storm manholes shall be PennDOT Type A with cast iron frame and lid. Refer to PennDOT Construction Standards for sizing and dimensions.
(8) Storm inlets shall be PennDOT Type M with Type C frame and grate. PennDOT construction standards should be referred to for sizing and dimensions.
(9) Drainage structures such as endwalls, headwalls, and outlet facilities for pending basins, shall be detailed and provided in conformance with those outlined in PennDOT construction standards.
(10) All frames and grates for inlets and manholes shall be set on two courses of mortared bricks for future adjustment purposes.
(11) Minimum size for driveway pipes shall be consistent with the size of adjacent roadway ditches, but in no case shall the pipe be less than 15 inches.
(12) Roadway ditches shall be provided in all areas of cut or where water runoff cannot flow naturally off the right-of-way, or where runoff will have an adverse effect on adjacent property and must be carried to a more desirable location.
(13) Roadway ditches shall be grass-lined for grades of 0.75% to 7%, and stone-lined (3A or equal) when grades are in excess of 7%. Minimum grade of ditches shall be 0.75%. Minimum depth of roadway ditch is one foot and the minimum bottom width is 18 inches. All ditches shall be sized hydraulically. Refer to Typical Section for exact ditch location.
(14) No roadway ditch or endwall shall be constructed within eight feet from the edge of paving. No roadway pipe shall inlet or outlet within eight feet from the edge of paving.
(15) Side slopes for any drainage ditching shall not be greater than 2:1.
(16) Drainage pipes and related facilities shall be constructed prior to placement of any roadway paving.
(17) Outlet areas for pipes or ditches shall be properly treated with seeding or rip-rap, as the case may be, as determined by the Township.
(18) Drainage swales, ditches or waterways constructed or existing to accommodate roadway drainage, shall have proper size and slope to handle projected peak runoff, and shall be so placed to prevent damages to proposed building lots or to site development areas.
(19) Where conflicts exist between these requirements and requirements set forth by other controlling agencies, the Township will determine what requirements will govern.
(20) Provide the size and type of markers requested by the Township to mark the areas of cross-pipes and other facilities.
(21) Provide fencing or a barrier around retention/detention area over three feet in depth and where the ride slopes on the basin are steeper than four horizontal to one vertical.

D. Drainage facilities shall be provided for the following:

(1) To permit unimpeded flow of natural watercourse.
(2) To insure adequate drainage of all low points along the line of streets.
(3) To intercept stormwater runoff along streets at intervals reasonably related to the extent and grade of the area drained.

E. For areas in excess of 300 acres, drainage systems shall be designed in accordance with design standards of the Pennsylvania Department of Forest and Waters and the Commission may request proof of such compliance.
F. Talbot's Formula shall be used for the computation of storm drainage systems for areas of 300 acres or less. The coefficient in the formula shall be as follows, and in no case shall any pipe system of less than eighteen-inch diameter be used.

	Average Slope of Drainage Area	Coefficient (C)
	0% to 3.9%	0.1
	4% to 7.9%	0.2
	8% to 11.9%	0.3
	12% to 15.9%	0.4
	16% to 19.9%	0.5
	20% and over	0.6

Street dedication requirement
The subdivider/developer shall satisfy all requirements as listed herein, plus any additional requirements the Township deems appropriate under the circumstances:
A. All streets shall be constructed in strict conformance with the approved subdivision plan.
B. All streets are subject to inspection by the Township and its agents to verify conformity to these regulations. Generally, the Township shall be notified, in writing, 48 hours in advance of a required inspection. Required inspections are:

(1) Inspection of subgrade as necessary, prior to placement of subbase, and to determine its suitability for the street bed.
(2) Inspection of subbase placement to determine acceptability of material, proper slope, and proper compacted depths.
(3) Inspection of bituminous concrete base course to determine acceptability of material, proper slope, compacted depth, and placement and rolling requirements.
(4) Inspection of ID-2 wearing course to determine acceptability of material, proper cross slope, final grade, compacted depth, and placement and rolling requirements.
(5) Prefinal inspection to determine if any work has not been completed and/or if work has not been completed in an acceptable manner. A punch list of defective and nonconforming work shall be provided to the developer who must complete the same, prior to calling for final inspection.
(6) Final inspection of the project by the Township (Supervisors) or its agents to verity if all improvements have been completed in an acceptable manner. NOTE: Additional inspections may be required, as so determined by the Township, in order to assist contractors of the developer, or to provide progress reports on the work, or for added protection that the improvements are being constructed in an acceptable manner.

C. Upon release of the bond, the developer may, in writing, offer for dedication only the streets which have been approved. The following documents shall accompany the written request for dedication of said streets:

(1) A certified survey plan and legal descriptions of the right-of-way of the roads to be dedicated and seated by a licensed surveyor or engineer in Pennsylvania. Plans shall contain the location of permanent monument or iron pipes to be used for the establishment of right-of-way. Bearings and distances, or arc and radius data shall be provided on all right-of-way lines.
(2) A letter of credit in the amount of 15% of the actual cost of installation of said improvements to defray the cost of all labor and material to maintain and repair the streets or roads of said project far a period of 18 months; said letter of credit to be 18 months, and the letter of credit shall be effective on the date that the Township accepts said streets or roads.

D. The developer shall pay to the Township upon presentation of its bill, all reasonable costs incurred by the Township relative to acceptance of the roads, including but not limited to: Attorney and legal fees; engineering fees relative to inspections and duties relative to the work; Township inspection fees for the payroll employees engaged in inspections; recording fees; etc., as may be necessary. The fees to be paid by the developer shall be in accordance with the fees and costs then-existing at the time the developer makes its request for dedication. If the development is an ongoing project, then the fees and costs payable to the developer as aforesaid shall be revised to reflect the additional costs and fees as incurred by the Township from time to time until the project in all its phases is completed.

Street frontage

Every principal building shall be built upon a lot with access to a street or driveway. No single-family residential lot shall have access from a secondary arterial highway as designated in the Comprehensive Plan. Any lot having its rear lot line coinciding with the right-of-way of a secondary arterial highway shall have 25 feet added to its rear yard requirements.

Street improvements
A. General.

(1) All materials herein specified shall be manufactured, hauled, placed and rolled in strict conformity with Pennsylvania Department of Transportation 1983 specifications. Bituminous material shall be placed with self-propelled asphalt pavers, capable of minimum width of 10 feet, and with adjustment capabilities for slope and depth purposes. Paving rollers shall be one of the types indicated in Section 108.05 (c)3 of PennDOT 1983 specifications.
(2) At no time shall paving be placed in rain, snow, or hail, when air temperature is 45° F. or less, or upon frozen surfaces.
(3) Prior to placement of subbase, roadway subgrade shall be rolled and prepared in strict conformity with Section 210 of PennDOT 1983 specifications. Unsuitable subgrade material and soft areas shall be overexcavated for a depth of at least two feet and No. 3A stone, shale or bank run shall be placed and rolled in controlled eight-inch lifts to at least 95% of the material's dry-weight density. Subgrade shall be free of stumps, boulders, mud, clay, wood, bricks, topsoil, organic matter, vegetation. etc. Prior to placement of subbase material, the Township shall be notified to inspect the subgrade for approval. Subgrade shall include both roadway and shoulder areas.
(4) The Township shall be notified prior to placement of subbase, BCMC and ID-2 wearing course, in order to inspect and approve the work completed to date and check depths of subbase and paving material. The developer is required to notify the Township at least 10 days in advance of the date of inspection. Concurrent with all notifications, the developer shall provide the Township with a construction work schedule, prior to start of the work, to keep the Township informed as to all activities, and the developer shall provide changes in the work schedule immediately as they are known.
(5) Failure to notify the Township of the readiness of portions of the work, will be grounds for rejection or nonapproval by the Township.
(6) The Township will require core sections and appropriate testing of the material at the sole cost and expense of the developer.

B. Pavement composition. Pavement and shoulder materials shall be furnished and constructed in accordance with the following and applicable sections of PennDOT 1983 Specifications:

(1) Subgrade: Rolled and prepared in conformity with Section 210 of PDT 1983 specifications, and unsuitable areas shall be excavated and replaced with suitable material, consisting of either No. 3A stone, shale or bank run, to at least 95% of the material's dry-weight density as determined by Modified Proctor Test ASTM D-1557, Method C or D.
(2) Subbase: A minimum compacted depth of six inches for residential developments, 12 inches for industrial or heavy commercial use, with material being Type C Aggregate, or better, No. 2A, as per Section 703.2 or PDT 1983 specifications. Construct subbase per requirements of Section 350.3 of PDT 1983 specifications. Bank run gravel is acceptable provided sample is provided to Township as set forth in Division 1, Section 1, Paragraph L, Subparagraph 5.
(3) Bituminous concrete base course. A minimum compacted depth of three inches, with materials manufactured per Section 305.2 of PDT 1983 specifications, and constructed per section 401.3 and 305.3 of the publication.
(4) Bituminous wearing course (ID-2): A minimum compacted depth of one-and-one-half inches with materials manufactured per Section 420.2 of PDT 1983 specifications, and constructed per Sections 401.3 and 420.3 of the same publication.
(5) Stabilized shoulders: A minimum compacted depth of four inches and a minimum of four feet on each side, except where a guide rail is to be provided (refer to typical section), with Type C Aggregate, or better, No. 2A as per Section 703.2 of PDT 1983 specifications and constructed per Section 401.3 and 3.50.3 of the same publication.
(6) Tar sealer: Tar seal all paving seams, where new pave abuts existing pave, around utility castings, and as directed by the Township. Minimum width of strips are 12 inches.
(7) Where delays are encountered in placement of wearing course, the BCBC shall be swept and cleaned and a tack coat applied, in conformance with Section 460 of PDT 1983 specifications.
(8) Note: Shale, red ash, etc., shall not be used as subbase materials for any roads or shoulders, unless the material is tested and meets PDT requirements for subbase material. The burden of proof will be upon the developer who must provide certified test results from an independent laboratory recognized by PennDOT.

Street system, public and private
A. General.

(1) Proposed streets shall conform in all respects to the official map and general development plan as may be developed within the Comprehensive Plan.
(2) Streets shall be properly related to road and highway plans of the Township, county and state. Streets shall be designed with regards to topographic conditions, projected traffic volumes, and further subdivision and land use possibilities in adjacent areas. In all cases, the street shall be constructed in strict conformance to the requirements outlined hereinafter, and as approved by the governing body of the Township.
(3) Street systems of proposed subdivisions shall be designed to create a hierarchy of street functions, which include collector and local streets.
(4) Proposed local streets shall be designed to discourage through traffic, but the subdivider shall give consideration to the provisions for extensions and continuation of major and collector streets into and from adjoining property.
(5) Where, in the opinion of the Supervisors, it is desirable to provide for street access to adjoining property, the subdivider shall extend streets to the boundary of such property, and provide a temporary and/or permanent cul-de-sac of required size.
(6) Where a subdivision abuts an existing street of substandard width and/or alignment, the Township may require dedication of sufficient lands to widen and realign the same to meet these standards.
(7) Where a subdivision abuts or contains an existing or proposed major street, the Township may require marginal access streets, reverse frontage lots, or such other facilities that will provide protection of abutting properties, and/or reduce the number of required intersections, and/or separate local traffic from through traffic.
(8) Where a subdivision borders on or contains a limited access highway, road or railroad right-of-way, the Township may require a parallel street to or on each side of the right-of-way at a distance suitable for appropriate use of residential districts, or for commercial or appropriate industrial districts. Such districts are to be determined with due regards for requirements of approach grades and future development grades.
(9) Private roads not to be offered for dedication shall be constructed to meet requirements set forth herein, as if they are intended for dedication, except minor subdivision as provided in the Township of Tobyhanna Subdivision Ordinance.
(10) If lots in subdivisions are large enough for resubdivision, or if a portion of the tract is not subdivided, suitable access and street openings are to be provided as set forth herein.
(11) Street centerlines shall be oriented in the center of proposed right-of-way, 25 feet from either right-of-way line in fifty-foot rights-of-way: 30 feet in 60 feet rights-of-way; and 40 feet in eighty-foot rights-of-way. Street right-of-way lines shall be parallel to or concentric with roadway center lines.
(12) No street shall be constructed onto any Township road right-of-way or state highway right-of-way, unless proper permits are secured from PennDOT or the Township prior to final plan approval.
(13) Street right-of-way, cartway and shoulder width.

(a) The general width standards as set forth herein may be modified by the Township, upon recommendation from the Township Engineer, when an analysis of proposed densities, provisions for off-street parking and projected traffic volumes indicate a need for such modifications. The burden of proof shall be upon the developer to justify, if widths proposed are less than those specified. In all cases, the Township exclusively will make all decisions as to granting any waivers on the same.
(b) Street right-of-way, cartway and shoulder widths shall conform to typical road section and to the following: Street standards listed are for residential developments. For commercial and/or industrial developments, widths shall be determined by the Township, and will generally be consistent with major roads.

Cartway Type	Stabilized Width (feet)	Street Width (feet)	Right-of-Way Shoulder Width (feet per side)
Local	50*	20**	4***
Collector	60*	22*	6***
Major	80*	24**	8***

	NOTE:
	*Except a cul-de-sac where a minimum 100-foot right-of-way is required, which width shall apply only to the turnaround portion thereof.
	**Except where on-street parking is proposed, and widths will be set forth by the Township Engineer.
	***Except where a guiderail is required, or where obstructions require additional widths to provide recovery, areas, and widths will be set forth by Township Engineer.

B. Horizontal and vertical alignment.

(1) Whenever street center lines deflect 5° or more within 50 feet, connections shall be made with horizontal curves of sufficient length to ensure adequate transition areas. Curve data shall be provided for start and stop of curve, intersection, angle of deflection, length of tangents, degree of curvature, etc., as specified by the Township Engineer.
(2) Minimum radii for horizontal curves at center line are:

(a) Local street: 225 feet.
(b) Collector streets: 300 feet.
(c) Major streets: 600 feet.

(3) Straight sections must be tangent to the beginning and end of curves. A minimum tangent length of 100 feet is required between reverse curves on local streets; 200 feet on collector streets: and 300 feet on major streets.
(4) A minimum tangent length of 100 feet must be provided at all intersections, measured from the center line intersections of both streets.
(5) Angle of intersection shall be as nearly perpendicular as possible, with no intersection angle, measured at center line, greater than 110° or less than 70°.
(6) Residential blocks, or distances between intersections, shall not exceed 1,200 feet measured from center line to center line.
(7) Vertical curves shall be provided in changes of grade of 1% or greater to ensure adequate sight distances and transition areas. Curve data shall be provided on plans to show grades in and out of curve, the start and stop stations for the curve, the intersection station and elevation, the length of curve. and elevations at fifty-foot intervals and high or low points.
(8) Minimum length of vertical curves are 200 feet for local streets: 300 feet for collector streets; and 600 feet for major streets.
(9) In areas of need, the Township may require additional lengths on curves, as they deem necessary. Curve lengths are to be computed by PennDOT method.

C. Street grades.

(1) The grade of streets shall not be more than the minimum nor more than the maximum as set forth hereinafter.

Type	Minimum C.L. Grade	Maximum C.L. Grade
Local	0.75%	10.0%
Collector	0.75%	8.0%
Major streets	0.75%	6.0%

(2) Intersections shall be approached on all sides by leveling areas, of at least 75 feet from the center line to start of curve, where no center line grade shall exceed 4%.

D. Street intersections.

(1) The angle of intersection shall be as nearly perpendicular as possible, with no intersection angle greater than 110° or less than 70°.
(2) The distance between intersections shall be at least 400 feet for local streets, 500 feet for collector streets and 800 feet for major streets, measured from center line to center line.
(3) Multiple intersections involving the junction of more than two streets shall be prohibited.
(4) Minimum paved radii at intersections are 20 feet for local streets; 30 feet for collector streets and 40 feet for major streets.
(5) Clear sight triangles shall be provided at all intersections, as follows: 75 feet for local streets; 100 feet for collector streets; and 150 feet for major streets, all measured from center line intersection.
(6) When a portion of the line of such sight triangle occurs within the proposed building setback line, such triangle sight line shall be shown on the final plan, and will be considered as the legal building setback line.

Water supply
A. Public supply. All water mains and lines and required fire hydrants as indicated on the approved preliminary and final plans shall be installed from each lot in the subdivision and connected to a public supply if one is within 1,000 feet from the development.
B. Project supply. Where no public water is accessible and water is furnished by the subdivider on a project basis, the subdivider on submission of preliminary plans for approval shall submit evidence that he has complied with the applicable DEP regulations,including the proper permit, and shall submit such evidence to the Supervisors. This certificate and covenants as required by § 135-20 will be a prerequisite to preliminary plan approval under these regulations.
C. Private supply. If an approved public water supply is not accessible to the development and the proposed lots are less than two acres, the subdivider or owner shall provide for an on-lot water supply in conformance with the current requirements of the DEP Bureau of Community Environmental Control. The subdivider shall furnish copies of the proposed wording of restrictive easements as required by § 135-20I and a copy of the permit from the DEP.
D. All on-lot wells must be 100 feet from any existing or proposed septic systems.

Township of Tobyhanna, PA

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