Land Development...

Delouore Countg

Oelquore CouotgFfqnning Commltt lon

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DELAWARE COUNTY COUNCIL

Charles C. Keeler, Chairman Faith Ryan Whittlesey, Vice-chairman

Harold F . Haabestad, Jr. Frank J. Lynch

Dennis J. Rochford

DELAWARE COUNTY PLANNING COMMISSION

Thomas J. O'Brien, Chairman Thomas J. Judge, Vice-chairman

William H . Bates, Secretary Samuel E. Burdett William K . Davis Frank Facciolo

Darrel l B . Lewis Abbott W . Thompson

W. Andrew Wright

Cover Design By: Michael Trio

Printed on recycled paper.

THE DELAWARE COUNTY SUBDIVISION AND LAND DEVELOPMENT

ORDINANCE 1978

AS AMENDED IN 1979 AND 1981

ADDENDUM

FLOODPLAIN PROTECTION ORDINANCE

1977 AS AMENDED IN 1978

ADDENDUM

RIDLEY CREEK STORMWATER MANAGEMENT ORDINANCE

1989

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101 102 103 104 105 106 107 108 109 110

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TABLE OF CONTENTS

PAGE

GENERAL PROVISIONS............................... 1

Title............................................ 1 Authority ........................................ 1 Effective Date................................... 1 Legislative Intent............................... 1 Jurisdiction ..................................... 2 Exceptions ....................................... 3 Severability ..................................... 3 Penal t ies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Remedies to Effect Completion of Improvements. ... 4 Enactment of Subdivision and Land Development Ordinance Amendment............. ............... 4

ADMINISTRATION................................... 5

Requirement of Review............................ 5

Sketch Plan Requirements ......................... 7 Preliminary Plan Submission and Review..,........ 9 Preliminary Plan Requirements .................... 9

Final Plan Requirements .......................... 12

Amendments to Approved Plans............. ........ 15

DESIGN STANDARDS,... ............................. 16

Sketch Plan Submission and Review.............,.. 6

Final Plan Submission and Review................. 11

Recording of the Final Plan...,.................. 15

Applicability .................................... 16 General Design Considerations.................... 16 General Provisions for all Residential Develop- ments.......................................... 17

Sanitary Sewage Disposal ......................... 17 Water Supply and Distribution Systems. ........... 18 Relation of Sewer to Water Installations. ........ 19

Storm Drainage System. ........................... 23

Street Related Improvements ...................... 26

Underground Utilities and Easements.............. 20 Erosion and Sedimentation Control................ 20

Natural Features Preservation.................... 24

GENERAL DESIGN STANDARDS FOR CONVENTIONAL SUB- DIVISIONS...................................... 28

Block Design ..................................... 28 Lot Design ....................................... 29 Street Design .................................... 30

Alleys ........................................... 35

Cul-de-Sacs...................................... 34 Driveways ........................................ 35

Streets in Flood Prone Areas..................... 35 Half Streets..................................... 35

TABLE OF CONTENTS (CONTINUED)

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Excess Right-of-way .............................. 36

Open Space Areas ................................. 36 Railroads and Limited Access Highways ............ 36

Exceptions ....................................... 37

GENERAL DESIGN STANDARDS FOR SINGLE FAMILY CLUSTER DEVELOPMENTS ........................... 39

General Considerations ........................... 39 Design Considerations ............................ 40 Open Space ....................................... 40 Planting ......................................... 40 Buffer Yards ..................................... 41 Street Design .................................... 41 Public and Private Utility Systems ............... 43 Record Plan ...................................... 43

GENERAL DESIGN STANDARDS FOR MULTI-FAMILY DE- VELOPMENT TYPES ................................ 44

Applicability .................................... 44 Site Design ....................................... 44 Building Location ................................ 45 Pedestrian Access ................................ 45 Vehicular Circulation.. .......................... 46 Cul-de-sacs ...................................... 48 Parking Areas .................................... 48 Streets and Parking in Flood Prone Areas ......... 49 Open Space/Recreation Areas ...................... 50 Refuse Collection Stations.. ..................... 51

DESIGN STANDARDS FOR MOBILE HOME PARKS ........... 52

Mobile Home Park Definitions ..................... 52 General Considerations ........................... 54 Design Considerations.. .......................... 55 Street Design and Parking Standards .............. 55 Streets and Parking in Flood Prone Areas ......... 59

Open Space/Recreation Area ....................... 59 Refuse Collection Stations ....................... 60 Additional Requirements .......................... 60

Public and Private Utility Systems ............... 59 Landscaping ...................................... 59

DESIGN STANDARDS FOR NONRESIDENTIAL DEVELOPMENT .. 63

Applicability .................................... 63 Site Design ...................................... 63 Block and Lots ................................... 64 Building Location ................................ 64 S t r e e t Design .................................... 6 5

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TABLE OF CONTENTS (CONTINUED)

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Walkways ......................................... 68

Screening Areas .................................. 70

Parking Area ..................................... 68 Loading and Unloading Areas ...................... 70

Transit Facilities ............................... 70 Erosion and Sedimentation Control ................ 7 1 Sanitary Sewage Disposal ......................... 72 Water Supply ..................................... 72 Underground Utilities ............................ 72 Refuse Collection ................................ 72 Conformance with Other Sections .................. 72

DEFINITION OF TERMS .............................. 73

FLOODPLAIN PROTECTION ORDINANCE .................. 91

ARTICLE I: General Provisions ................. 91 ARTICLE 11: Application Procedures and Require-

ments ............................ 92 ARTICLE 111: Design Standards and Improvements in

Designated Floodplain Districts. .. 94 ARTICLE IV: Definitions ........................ 96 ARTICLE V: Severability ....................... 98 ARTICLE VI: Approval ........................... 99

RIDLEY CREEK STORMWATER MANAGEMENT ORDINANCE ..... 102

ARTICLE I: ARTICLE 11: ARTICLE 111: ARTICLE IV:

ARTICLE V: ARTICLE VI:

ARTICLE VII: ARTICLE VIII:

ARTICLE IX: ARTICLE X:

General Provisions ................. 102 Definitions ........................ 103 Stormwater Plan Requirements ....... 106

Standards ........................ 109 Standards and Criteria ............. 113 Maintenance of Stormwater Facili- ties ............................. 115

Inspections ........................ 117

Penalties ........................ 118 Severability ....................... 118

Stormwater Management Performance

Performance Assurances, Fees, and

Approval ........................... 119

SECT 3 GENERAL PROVE

J 100 :ON S

10 0 GENERAL PROVISIONS

101 TITLE

This ordinance shall be cited as the "Delaware County Subdivision and Land Development Ordinance. " 10 2 AUTHORITY

The Delaware County Council, by authority of the Act of July 31, 1968 (P.L. 805, No. 247) as amended, known as the Pennsylvania Municipalities Planning Code, hereby adopts Ordinance #78-5 of 1978 known as "The Dela- ware County Subdivision and Land Development Ordinance of 1978. " 103 EFFECTIVE DATE

This ordinance shall become effective on October 27, 1978, and shall remain in effect until modified, amended, or rescinded by the Council.

10 4 LEGISLATIVE INTENT

The purposes of this ordinance are:

To protect and provide for the public safety, health and general welfare of the citizens of Delaware County;

To establish reasonable standards of design and procedures hr land development, subdivision and re-subdivision in order to promote the orderly layout and use of land;

To assure that the layout or arrangement of the subdivision or land development conforms not only to the provisions of this ordinance but also to any applicable ordinance, map, or comprehensive plan of the municipality or municipalities in which the subdivision or land development is Iocated, and to all relevant County plans;

To insure the recording of proper legal descriptions of subdivided land;

To enable the development of a broad range of housing unit types which are affordable for rent or purchase by Delaware County residents of varying income levels;

To provide for the proper relationship between uses of the land and the circulation of vehicular traffic throughout all portions of the affected municipality or municipalities :

To allow for pedestrian movement generated by and appropriate to the various uses of land and buildings:

To encourage the development of public sewer and water facilities to service that land which is scheduled for growth under the comprehensive plan of Delaware County and that of the municipality o r municipalities involved;

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prepared in f u l l compliance with the provisions of this ordinance and has been recorded as provided in Section 208 herein, shall be guilty of a misdemeanor. Action shall be brought by a member of the planning commission or governing body of the municipality in which the violation has occurred to court of competent jurisdiction. Upon conviction thereof such a person, the members of such a partnership, the officers of such a corporation, or the 'agent of any of them responsible for such a violation shall pay a fine not exceeding one thousand dollars ($1,000) per lot o r parcel o r per dwelling within each lot or parcel. All fines collected for such violations shall be paid over to the municipality in which the violations has occurred. The description by metes and bounds in the instrument of transfer or other document used in the process of selling or transferring shall not exempt the seller or transfer or from such penalties or from the remedies herein provided.

109 REMEDIES TO EFFECT COMPLETION O F IMPROVEMENTS

In the event that any improvements which may be required have not been installed as provided in the subdivision and land development ordinance or in accord w i t h the approved final plat, the governing body of the muncipality is hereby granted the power to enforce any corporate bond, or other security by appropriate legal and equitable remedies. I f proceeds of such bond or other security are insufficient to pay the cost of installing or m a k i n g repairs or corrections to all the improvements covered by said security the governing body of the municipality may, at its option, install part of such improvements in all or part of the subdivision or land development and may institute appropriate legal or equitable action to recover the moneys necessary to complete the remainder of the improvements. All of the proceeds, whether resulting from the security o r from any legal or equitable action brought against the developer, or both, shall be used solely for the installation of the improvements covered by such security, and not for any other municipal purpose.

110 ENACTMENT OF SUBDIVISION AND L A N D DEVELOPMENT ORDINANCE AMENDMENT

Amendments to the Subdivision and Land Development Ordinance shall be adopted by the Delaware County Council and shall become effective only after a public hearing held pursuant to public notice. A brief summary setting forth the principal provision of the proposed amendment of a reference to the place(s) within Delaware County where copies of the proposed amendment may be secured or examined shall be incorporated in the aforementioned public notice. In addition, in case of an amendment other than that prepared by the Delaware County Planning Commission, the Delaware County Council shall submit each such amendment to the Planning Commission for recommendations at least thirty days prior to the date fixed for the public hearing on the proposed amendment.

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SECTION 200 ADMINISTRATION

200 ADMINISTRATION

201 REQUIREMENT OF REVIEW

Hereafter, all applications for subdivision and land development loca-id wi th in the boundaries of the County shall be forwarded upon receipt by the municipality to the Planning Commission for review and report in accordance w i t h the procedures and standards specified in this ordinance and in the Pennsyl- vania Municipalities Code.

201.1 Review Obiectives

In all cases where this ordinance requires review and report on a subdivision or land development site plan, the Planning Commission shall take into consideration the public health, safety, and welfare, the comfort and convenience of the public in general and of the residents of the proposed development and immediate neighborhood in particular, and shall recommend such appropriate conditions and safeguards as may be deemed necessary to provide and further the public interest in general and the objectives set forth herein in particular.

201.2 Review Procedure

201.2.1 The review of site plans by the Planning Commission consists of three stages, requiring the submission of sketch, preliminary, and final plans. These stages differ in their purposes and required levels of detail. Table 1, presented below and made a part of this ordinance, indicates the Planning Commission requirements for the three review stages.

TABLE 1 - REVIEW STAGES

Review Section Minor Major Land Stage No. Subdivision Sub division Development

Sketch 202,203 0 p tional Optional Recommended

Preliminary 204,205 0 p tional Mandatory Mandatory

Final 206,207 Mandatory Mandatory Mandatory

201.2.2 For all mandatory review stages, three ( 3 ) copies for preliminary and four (4) copies for final subdivision and land development site plans shall be submitted by the municipality to the Planning Department immediately upon receipt of said plans. One (1) copy of road profiles should accompany the preliminary plans. The submission shall also be accompanied by the Planning Department's "Application for Review" form, properly completed, and all specifications noted hereinafter for Preliminary or Final Plan submissions.

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It shall also be accompanied by the appropriate fee in effect at the time of application m n g . 201.2.3 For the mandatory review stages, the Planning Commission's review and report process shall be no longer than forty-five (45) days, starting from the day each submission is officially filed in the Planning Com- mission's office and accepted for review.

Plans shall be accepted for review only when the application contains the information requirements, a fully completed " Application for Review" form, and fee payment as specified in section 201.2.2 hereinbefore.

If the application does not meet these requirements, the developer and the municipality shall be notified of the deficiency(ies) within seven (7) days of application receipt.

Failure to so notify the developer and the municipality shall be deemed an official acceptance of the application for review.

201.2.4 Each presentation of a Sketch, Preliminary, or Final Plan shall be considered a separate submission, and the forty-five (45) day review and report period may be required for each such plan.

202 SKETCH PLAN SUBMISSION A N D REVIEW

202.1 Purpose

A Sketch Plan may be submitted by the developer or the municipality for a l l proposed subdivision and land developments for purposes of informal dis-' cussion between the planning staff and the interested party(ies). The purpose of the Sketch Plan is to provide a basis for review of the concept and general design of a proposed subdivision or land development prior to detailed design.

202.2 Submission Procedure

202.2.1 Plan shall require the following:

If a written staff report is sought, the submission of a Sketch

1) two (2) copies of the Sketch Plan;

2) a completed "Application for Review" form;

3) the appropriate fee:

4) any other supplementary data that are required by Section 203 here- inaf ter .

The Review Fee Schedule is presented in Appendix A of this ordinance.

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2 0 2 . 2 . 2 If members of the Planning staff are consulted in person and no written report is sought, the Sketch Plan may contain any data that are deemed sufficient to advise the devel2per, the municipality, or both as to the merits and disadvantages of the Plan.

202 .3 Review Procedure

The Sketch Plan may be presented at a pre-submission conference wherein the developer, a representative of the municipality, or both may meet in person with the planning staff to discuss the proposed plan so that the necessary subsequent steps may be undertaken with a clear understanding of the County. level requirements in matters relating to the development of the site.

In addition, the planning staff may prepare, upon the request of either the developer or the municipality, a written report concerning the Sketch Plan.

In such a case, a copy of the written report shall be forwarded to the other party involved, i.e., i f the report is requested by the developer, the municipality affected shall be forwarded a copy thereof, and vice versa.

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202 .4 Recommendation of Changes

During the pre-submission conference or in a written report, the planning staff shall recommend such changes or modifications as it deems necessary or advisable.

202.5 Informal Status of Sketch Plans

Sketch Plan review, whether resulting in verbal comments or in a written report, shall not be regarded as a formal site plan review and shall not constitute part of the development's official record.

203 SKETCH PLAN REQUIREMENTS

If a written staff report is requested, the following Sketch Plan requirements shall be met:

203 .1 Statement of Intent

A statement containing the major planning assumptions, objectives, and concept of the proposed development, (land development only) . 203.2 Location Map

A location map at a scale of one (1) inch equals one thousand (1,000) feet.

Sketch Plans involving no written staff report are exempt f rom fee requirement.

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203.3 Contents of Plan Drawings

Sketch Plan(s) legibly drawn to a scale of no less than one (1) inch equals two hundred (200) feet. This Sketch Plan shall contain at least the following data:

name and address of the record owner;

name of the developer if different f rom the owner;

name of the registered engineer, surveyor, architect, or landscape architect responsible for the Sketch Plan;

north ar row, graphic scale, and date of drawing:

approximate tract boundaries and a statement of the total acreage of the tract:

significant physical features within the tract and the adjacent peripeheral strip, including contours, watercourses, ponds, lakes, wetlands, and tree masses, and proposed major changes in these features:

zoning district ( s 1 :

the nature of all contemplated land uses;

the proposed general layout of lots and approximate locations of existing buildings ;

proposed streets and their relationships to the existing network outside the site:

existing rights-of-way and easements and the substance of similar proposed restrictions.

The following additional information requirements shall apply only to land development plans :

12) an indication of the proposed intensity of use: gross density in residential development or the number and type of prospective tenants in office , commercial, or industrial developments :

13) tentative locations of all principal structures and parking areas.

I t ems (5) through (13) above may be laid out as a freehand approximation directly on a topographic underlay derived by interpolation from the appropriate United Stated Geodetic Survey map.

203.4 Staged DeveloDment

In the case of plans which call for development in stages, a freehand map at an appropriate scale showing the successive phases w i l l be required.

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204 PRELIMINARY PLAN SUBMISSION A N D REVIEW


Preliminary Plan review shall be required only for major subdivisions'and land developments.

Preliminary subdivision and land development site plans shall be submitted to the Planning Commission for review and report in accordance with Sections 201.2 and 205 of this ordinance.

204.2 Review Procedure

When a Preliminary Plan has been officially submitted and accepted for review, this plan shall be placed on the agenda of the Planning Commission meeting for its consideration.

The Planning Commission shall review the application and notify the parties involved of its findings within the time frame established by law after being reviewed by the Commission.

204.3 Notification of Action

The staff report, as may be modified by the Planning Commission review, shall be given in writing to the municipality affected and to the. developer.

205 PRELIMINARY PLAN REQUIREMENTS

The following Preliminary Plan requirements shall be met:

205.1 Statement of Intent

A statement of intent illustrating the way in which the development's concept is reflected in the proposal.

205.2 Location Man

A map drawn at a scale of one (1) inch to one thousand (1,000) feet showing:

1) location of the proposed subdivision o r land development in relation to municipal boundaries, public roads, rights-of-way, public utilities, and adjacent zoning districts ;

2) all adjacent properties being developed.

205.3 Contents of Plan Drawings

NOTE: In the best interest of the municipality and the developer, the information specified below is required to be sufficiently accurate to convey a true and meaningful picture of the m- tended subdivision o r land development. However, no site engineering is required at th is stage.

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For instance :

contours and other natural characteristics can be based on geodetic survey maps;

dimensions should be shown to scale but, with a few crucial exceptions such as road widths, they do not have to be specified;

sizes of tracts, lots, and areas devoted to specific uses can be computed rather than based on a survey.

Preliminary Plan(s) legibly drawn to a scale of no less than one (1) inch equals one hundred (100) feet. If the Preliminary Plan requires more than one sheet, a single sheet comprehensive plan shall be drawn at an appropriate scale, and a key diagram showing the relative locations of the several sections shall be added to each sheet: this Preliminary Plan shall contain at least the following data :

name and address of the record owner;

name of the developer if different from the owner;

name and seal of the registered engineer, surveyor, architect or landscape architect responsible for the Preliminary Plan;

north arrow, graphic scale, and date of the original drawing and any revisions ;

tract boundaries and a statement of the total acreage of the tract;

significant physical features within the tract and the adjacent two hundred ( Z O O ) foot peripheral strip including:

a) contours at intervals of two (2) feet if slope is 15% or less; or five feet (5) feet if slope exceeds 15%.

b) types of soils based on the United States Department of Agricul- ture's Soil Survey - of Chester Delaware Counties, Pennsylvania; -

c) natural drainage patterns and water resources including streams, drainage swales, ponds, lakes, wetlands, and flood plains subject to a one hundred (100) year flood frequency or to that specified in the municipal ordinance, and proposed major changes in the above;

zoning district ( s ) ;

Iocations of all existing buildings;

any proposed property Lines within the subdivision or land development;

number of lots, if any, together with the approximate area of each lot;

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11) all existing streets on or adjoining the tract, including streets of record (recorded but not constructed), with names, right-of-way widths, and cartway widths;

12) proposed streets, by type, and the proposed widths of the rights-of-way and paved cartways, together with preliminary profiles ;

13) all existing sanitary and storm sewers, water lines, fire hydrants, utility transmission lines, culverts, bridges, and railroads within the tract and within two hundred (200) feet of its boundaries;

14) the method for controlling surface water run-off;

15) locations, widths, and purposes of existing easements and utility rights- of-way within the subdivision o r land development;

The following additional information requirements shall apply only to land development plans :

16) locations and sizes of all proposed land uses including residential uses by type, community facilities, etc., and areas to be dedicated or reserved for public or common use, together with the proposed manner of their maintenance if not dedicated;

17) proposed locations of all buildings and parking areas together w i t h an appropriate indication of size (e.g. the number of prospective dwelling units shall be indicated in multiple dwelling buildings); tentative layout of parking areas including notation of individual parking spaces:

18) a tentative layout of the pedestrian movement system.

205.4 Staged Development

In the case of plans which call for development in stages, a map at an appropriate scale showing the successive phases and a schedule of time within which applications for final approval of all parts of the development are intended to be filed.

206 FINAL PLAN SUBMISSION A N D REVIEW


Final subdivision and land development site plans shall be submitted to the Planning Commission for review and report in accordance with Sections 201.2 and 207 of this ordinance.

206.2 Review Procedure I

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When a Final Plan has been officially submitted and accepted for review, this plan shall be placed on the agenda of the Planning Commission meeting for its consideration.

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The Planning Commission, after reviewing the recommendations of the planning s ta f f , shall take official action by recommending approval, conditional approval, or disapproval of the submitted plans or of any part thereof.

The Planning Commission shall act on site plans and notify the parties involved of its action within the time frame established by law.

206.3 Notification of A ction

The action taken in recommending approval, approval with conditions, or disapproval of the Final Plan or of any part thereof, together with the planning staff report or the findings and reasons or conditions upon which the action is based, shall be given in writing to the municipality affected and to the developer.

207 FINAL PLAN REQUIREMENTS

207.1

The Final Plan shall include all the data requirements set h r t h hr the Prelim- inary Plan. It shall not be necessary to resubmit supporting maps and data submitted with the Preliminary Plan provided there has been no change. However, where there was not preliminary review, Final Plan data requirements shall be comprised of both Sections 205 and 207.

Relationship of Preliminary and Final Plans

207.2 Additional Data Required

The following additional data shall be illustrated on or attached to the Final Plan :

1) the tract boundary lines of the area being developed with accurate distances to hundredths of a foot and bearings to fifteen (15) seconds;

the location of all perimeter monuments and their relation to benchmarks;

a n accurate statement of the total area of the property being developed;

significant physical features within the proposed subdivision or land development tract and the adjacent two hundred (200) foot peripheral strip, as in the Preliminary Plan;

5) in addition, two (2) foot contours shall be shown for land with slopes of eight (8 ) percent or less. Five ( 5 ) foot contours shall be shown for land with slopes greater than eight ( 8 ) percent.

For Minor Subdivision, proposed contours and final grades shall be included together with notations indicating areas in which the proposed alterations of the natural grade exceed two ( 2 ) feet.

6 ) for Minor Subdivisions, notable trees which are not part of a tree mass shall be marked. A l l notable trees or portions of tree masses to be cleared shall be noted;

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7) any property lines based on a survey of the site and completely dimen- sioned (to 1/100th of a foot if straight, and if curved, length of radius and central angle to 15 seconds);

8) lot numer and the total number of lots and parcels, together with the exact area of each lot, based on a survey:

9) other numerical information facilitating review, such as proposed percentage of lot or tract coverage or setbacks, and any data necessary to verify that the requirements specified for the relevant zoning district ( s ) are m e t ;

1 0 ) the following data for a l l proposed and existing streets on or adjoining the tract;

a) the name, proposed name, or number of the street:

b) the cartway width and curb lines:

c) the right-of-way width and lines:

d) the location of all street monuments:

e) the lengths of all straight lines, radii and lengths of curves, and tangent bearings for each street:

f ) final street profiles, typical cross sections, and specifications;

11) proposed systems for drainage, water supply, and sewage disposal, including whenever practicable :

a) location, size, and invert elevations of all sanitary sewer, water distribution, and storm drainage systems and the locations of all manholes, inlets, and culverts:

b) final profiles, typical cross sections, and specifications :

12) the exact locations of all transmission lines and fire hydrants provided by the developer, if any, and other improvements within the proposed subdivision or land development tract :

13) the exact locations, widths, and purposes of existing and proposed easements and utility rights-of-way:

The following additional information requirements shall apply only to land development plans :

14) the locations and heights of all structures, including free-standing signs, and distances between buildings and between buildings and streets or property lines;

15) number of dwelling units, by type, by number of bedrooms, and the location and square footage of floor space to be devoted to non-residential use, together with use specifications :

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. . 16) the location, square footage, and number of vehicular parking spaces in all parking areas, and specifications of type and size of other parking facilities;

17) locations and widths of all private driveways and pedestrian walkways, i f any, and any controls proposed at their intersections with streets r -

carrying vehicular traffic ; I .

18) the exact locations and sizes of all public or common open space areas, I .

recreational areas and facilities and the ownership and proposed maintenance, offers of dedication, or covenants governing their use.

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207.3 Conservation Plan I .

A plan for the control of erosion and sedimentation including tentative staging of earth moving activities, locations and types of temporary control measures and facilities for use during earth moving, locations and types of permanent $ -

maintenance program for such control facilities.

The Conservation Plan shall show the total tract boundaries of the property < .

Final Plan which relates to the natural featues of the property and the proposed alterations thereof. L .

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control measures and facilities for long-term protection, and a suggested I '

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being subdivided or developed and shall repeat all that information presented on the i ' 207.4 Staged Development 1

t . In the case of subdivisions or land development to be developed in stages or sections, the requirements of the Preliminary Plan shall apply. Final Plan requirements as listed herein shalI apply only to the stage or section for

that stage or section must be considered as it relates to information presented

I ' which final approval is being sought. However, the Final Plan presented for 1

for the entire subdivision or land development in the application for pre- - liminary approval. i .

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207.5 W d S u p p l y i f i c a t i o n s

207.5.1 Water Supply

1) public - when water supply service to the proposed subdivision or land development is to be provided by an existing public system, the developer shall submit one (1) copy of a letter from the service-providing agency, authority, or utility which states that it fl serve the sub- f division or land development. i

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2 ) community - when water supply service to the proposed subdivision or land development is to be provided by a community water system, final approval of the proposal will be contingent upon one (1) copy of a letter from the Pennsylvania Department of Environmental Resources approving

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the proposed system or stating that the system does not need their f approval. I

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207.5.2 Sewerage Systems

1) public when sewage collection service to the proposed subdivision or land development is to be provided by an existing public system, the developer shall submit one (1) copy of a letter f r o m the servicepro- viding agency, authority, or utility stating that it will serve the subdivision or land development.

2) community - when the subdivision or land development is to be served by a community sewage collection system, final approval of the proposal will be contingent upon one (1) copy of a letter f r o m the Pennsylvania Department of Environmental Resources approving the proposed system or stating that the system does not need their approval.

207.6 Notarized Notations on Plans

A certification of ownership, acknowledgement of plan, and any offer of dedication lettered on the plan, duly acknowledged and signed by the owner of the property and notarized.

208 RECORDING O F THE FINAL PLAN

1) The developer shall within ninety days of the final approval of subdivision plans record such plat in the office of the Recorder of Deeds in Delaware County.

2) The recording of the plat shall not constitute grounds for assessment in- creases until such time as lots are sold or improvements are installed on the land included within the subject plat.

3 ) After the subdivision plan has been recorded as provided for in this ordinance, all streets and public grounds on such plan shall be, and become a part of the official map of the municipality without public hearing.

208.1 Certification of the Record Plan

No subdivision or land development may be recorded unless the Record Plan (see definition in Section 1000 hereinafter) bears the Delaware County Planning Commission stamp certifying that it reviewed such plan and the local government stamp certifying approval for municipalities with their own Sub- division Ordinances. For municipalities without subdivision ordinances the DCPC shall stamp the plan approval or disapproval.

208.2 Planning Commission’s Record Copy

A paper copy of the Record Plan, as recorded, shall be submitted for the Planning Commission’s records for any major subdivision o r land development. The scale of the location map on such a plan shall be one (1) inch equals one thousand (1,000) feet.

2 09 AMENDMENTS TO APPROVED PLANS

Proposals for amendments to an approved Final Plan shall be acted upon in the same manner as that prescribed for the original approved plan.

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SECTION 300 DESIGN STANDARDS

DESIGN STANDARDS 300

301

301.1

APPLICABILITY

Purpose

a) The design standards and requirements set forth in this section will be utilized by the Planning Commission in determining the adequacy of all plans for proposed subdivisions and land developments.

b) The Planning Commission may alter site requirements when encouraging and promoting flexibility, economy and ingenuity in the layout and design of subdivisions and land developments.

301.2 Conformance with Other Laws and Regulations

Development shall be planned, reviewed, and carried out in conformance with all state, county, municipal, and other applicable laws and regulations.

302 GENERAL DESIGN CONSIDERATIONS

302.1 Hazardous Conditions

Land with unsafe or hazardous conditions such as open quarries, uncon- solidated fill, flood plains, or steep slopes shall not be subdivided or developed: unless the subdivision or land development plan provides for adequate safeguards as recommended by the Planning Commission or as recommended and approved by the local government.

If the Planning Commission determines that only a part of a proposed plan can be safely developed, it shall recommend limiting development to that part. In that case, and if the proposed plan involves subdivision, the Planning Com- mission may also recommend a reduction of the gross area, dimensions, and yard requirements for each lot, as required by the zoning regulations. How- ever, the total number of lots shall not exceed that which would be provided if the restrictions due to unsafe or hazardous conditions were not imposed.

302.2 Adjacent Development

The design of the proposed subdivision or land development shall take mto consideration relevant features of existing adjacent development. Further development on adjacent land should also be considered, insofar as possible, based on plans, sketches, or indications of intent available in the municipality at the time of sketch application.

302.3 Comprehensive Plans

Consideration shall be given to applicable provisions of the existing municipal, County, and regional comprehensive plans as they pertain to future school sites, recreation sites, water supply and sewage treatment systems, highway alignments, and other public faalities .

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303 GENERAL PROVISIONS FOR ALL RESIDENTIAL DEVELOP- MENTS

304 SANITARY SEWAGE DISPOSAL

304.1 Acceptable Types of Systems

The developer shall provide the most effective type of sanitary sewage disposal consistent with the natural features, location, and proposed development of the site. The following types of sanitary sewage disposal are listed in order of preference.

1) Connection to a public sanitary sewage collection and treatment system:

2) provision by the developer for a community sanitary sewage disposal system capable of being connected to a public system in accordance w i t h the requirements of the Pennsylvania Department of Environmental Re- sources :

3)

4) on-lot sewage disposal systems.

capped sewers with temporary, approved on-lot facilities:

304.2 Connection to a Public Sewerage Svstem

- Connection to a public sanitary sewerage system shaU be required where such a system can be provided to adequately fulfill the sewage disposal needs of the proposed subdivision or land development tract and where the local zoning ordinance prohibits utilization of alternative systems.

304.3 Installation of Capped Sewers

Where a public sanitary sewerage system is not yet accessible to the site but a final design has been prepared and a Pennsylvania Department of Environ- mental Resources permit has been secured to provide an extension of the public sewer system to the subdivision site within a five (5) year period, the developer shall install sewer lines, including lateral connections as may be necessary to provide adequate service to each lot when connection with the sewer system is made.

The sewer lines shall be suitably capped at the limits of the subdivision or land development, and the laterals shall be capped at the street right-of-way lines. When capped sewers are provided, on-site disposal facilities shall also be provided. Design of the capped system shall be in accordance with the standards of the Pennsylvania Department of Environmental Resources and subject to the approval of the municipal engineer and the local Sewerage Enforcement Officer.

If the proposed streets are to remain part of a property, the Planning Com- mission may alternately recommend that an easement be provided across this private property for later construction and maintenance of sewers. Any deed of conveyance given for a property in a case where an easement for future construction of sanitary sewers is provided on the Record Plan shall contain a

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legal description of the easement and a provision that the owner is liable for the cost of the sewer when constructed.

304.4 - Provision of a Community Sewerage System

Where a public sanitary sewerage system cannot be provided to the proposed subdivision or land devlopment tract and i s not planned for extension to this tract or where on-lot sewerage is prohibited by the local zoning ordinance or clearly unfeasible in engineering o r environmental terms, the developer may provide a community sewerage system. In this case, the Planning Commission may recommend that a community sewerage system feasibility report be required.

When such a report is required, it m u s t be prepared by a qualified engineer and submitted to the local government, the Planning Commission, and the Pennsylvania Department of Environmental Resources.

3 304.5 Provision of On-lot Sewage Disposal

In subdivisions or land development where connection to either a public sewerage system or a community sanitary sewerage system is not required, sewage disposal facilities shall be provided on individual lots. The physical features of the tract on which on-lot disposal is provided and the on-lot disposal system design, including the size of the septic tanks, the tile absorption fields, or other secondary treatment devices, shall meet the standards established by the Pennsylvania Department of Environmental Resources for on-lot sewage disposal systems.

304.6 Sewer Facilities in Flood Prone Areas

(See Article 111, Section 2.4 of "The Delaware County Flood Plain Protection Ordinance for Subdivision and Land Developments br 1977, I' Ordinance #77-5)

305 WATER SUPPLY AND DISTRIBUTION SYSTEMS

305.1 Acceptable Types of Systems

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

1) public water supply

2) community water supply

The description of the entire administrative process involved in installing an on-lot sewage disposal system, can be found in the Technical Manual for Sewage Enforcement Officers published by the Pennsylvania Depart- ment of Environmental Resources, May 1975. This manual also gives references for the applicable Pennsylvania Department of Environmental Resources standards and specifications.

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3) on-lot water supply

305.2 Public Water Supply

Connection to a public water supply system shall be required where such a system can be provided to the proposed subdivision o r land development tract and where the capacity of such a system can adequately fulfill the water supply demands of the proposed development. A distribution system shall be designed to furnish an adequate supply of water to each lot.

305.3 Community Water Supply

Where a public water supply system cannot be provided to the proposed subdivision or land development or where the average residential lot size is to be less than a size necessary to accommodate both an on-lot sewage disposal facility and an on-site water well, a community water supply system wi l l be provided by the developer. If such a system is provided, it shall be approved by the Pennsylvania Department of Environmental Resources, and suitable agreements shall be established for the ownership and maintenance of the system. Also, such a system shall be designed and constructed m a manner that would permit adequate connection to a public water supply system in the future.

305.4 On-lot Water Supply

Where individual on-lot water supply systems are to be utilized, they shall conform to criteria set forth in local regulations, or in lieu thereof, to the standards recommended by the Pennsylvania Department of Environmental Resources for onlot water supply systems. However, if onsite sewage disposal is to be permitted, on-lot water supply shall be permitted only where approved by the Pennsylvania Department of Environmental Resources and the municipal engineer or Sewerage Enforcement Officer.

305.5 Water Facilities in Flood Prone Areas

(See Article 111, Section 2 . 5 of "The Delaware County Flood Plain Protection Ordinance for Subdivision and Land Developments of 1977," Ordinance #77-5).

306 RELATION OF SEWER TO WATER INSTALLATIONS

306.1 Water Supply Interconnections

There shall be no physical connection between a public or private potable water supply system and a sewer which w i l l permit the passage of any sewage or polluted water into the potable water supply.

306.2 Sewer and Water Mains

A minimum horizontal distance of ten (10) feet shall be maintained between parallel water and sewer lines unless shelving is used. If shelving is used, the water lines shall be at the higher elevation of the trench. A t points where sewers cross water mains at a vertical distance of less than two (2 ) feet, special treatment of the sewer pipes shall be required to preclude con- tamination of potable water.

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306.3 On-lot Water Supply and Sewerage Facilities

On-lot sewage disposal systems shall be kept removed from water supply wells or other water supply sources. A lot to accommodate both on-lot sewage disposal and on-lot water supply shall be no smaller than one (1) acre, (see also 3 10 .4 hereinbefore) . 307 UNDERGROUND UTILITIES AND EASEMENTS

307.1

307.2

Electric Utility Lines and Utility Easements

a) All electric and telephone service lines in new residential developments with five (5) or more dwellings shall be placed underground and installed in accordance with the prevailing standards and practices of the utility company providing such services.

b) Where practicable, all utilities shall be located within the street right-of-way; otherwise, easements or rights- of-way of sufficient width for installation and maintenance shall be provided.

c) Joint easements or rights-of-way should be encouraged where practicable for all utilities.

Petroleum Transmission Lines

a) There shall be a minimum distance of twenty-five (25) feet, measured in the shortest distance, between each proposed dwelling unit and any petroleum, petroleum products or natural gas transmission line which may traverse the subdivision.

b) In addition, the developer shall acquire approval from the various petroleum line companies when constructing roads or driveways on or within twenty (20) feet of petroleum line easements.

307.3 Stream Easements

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

308 EROSION A N D SEDIMENTATION CONTROL

308.1 General Reauirements

N o change shall be made in the contour of the lands, and no grading, ex- cavating, removal, or destruction of the topsoil, trees, or other vegetative cover shall be commenced within any proposed subdivision or land develop-

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ment tract until such time as a Conservation Plan has been prepared and submitted to the Delaware County Planning Commission and reviewed by the Delaware County Conservation District. In minor subdivisions, the planning staff may determine that such a plan is not necessary.

Final approval for a development tract of twentyfive (25) or more acres will be contingent upon the Pennsylvania Department of 8nvironmental Resources reviewing the conservation plan and issuing a permit.

Measures used to control erosion and reduce sedimentation s h d meet the standards and specifications of any agpropriate municipal ordinance and the Delaware County Conservation District.

The municipal engineer, or other officials as designated, shall ensure compliance with the appropriate specifications, copies of which are available from the District.

308.2 Effective Control Measures

Development plans should preserve significant natural features, keep cut and f i l l operations to a minimum, and ensure conformity w i t h topography so as to create the least erosion potential and adequately handle the volume and velocity of surface water runoff. The following measures are effective m minimizing erosion and sedimentation and should be included where applicable in the preparation of the Conservation Plan:

stripping of vegetation shall be kept to a feasible minimum, and wherever practicable, natural vegetation shall be retained, protected, and supplemented;

the disturbed area and the duration of exposure shall be kept to a practical minimum;

disturbed soils shall be stabilized. Permanent vegetation or mechanical erosion control and drainage measures shall be used as soon as practicable in the development process. Temporary vegetation and mulching shall be used to protect exposed critical areas during development. Where necessary, the rate of surface water runoff will be mechanically retarded.

sediment in the runoff water shall be trapped by the use of debris or sedimentation basis, silt traps, or similar measures until the disturbed area is stabilized.

Required by Pennsylvania Rules and Regulations, Department of En- vironmental Resources, Chapter 1 0 2 , "Erosion Control, " under the authority of the Clean Streams

Delaware County Conservation

Law.

District, 9. g., see p. 52.

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308.3 Grading for Drainage

Grading for drainage shall be performed whenever necessary in order to provide more suitable sites for building and other uses, improve surface drainage, and control erosion.

All lots, tracts, or parcels within a proposed subdivision or land development shall provide proper drainage away from buildings and dispose of surface water without ponding except where an alternative drainage system is approved by the local government. Natural drainage patterns shall be preserved wherever possible.

A l l drainage provisions shall be designed to adequately handle the surface runoff and carry it to the nearest suitable outlet, such as a curbed street, storm drain, or natural watercourse. Where drainage swales are used to divert surface waters away from buildings, they shall be sodded or planted as required and shall be of such slope, shape, and size as to conform with the County Soil and Water Conservation District. Concentration of surface water runoff shall be permitted only in swales o r watercourses.

Cut and fill slopes shall be no steeper than two (2) (horizontal) to one (1) (vertical) unless stabilized by a retaining wall o r curbing o r are approved by the local government subject to special conditions.

Adequate provisions shall be taken to protect against adverse effects of cut and fill.

Fills shall not encroach on natural watercourses or constructed channels; when placed adjacent to natural watercourses or constructed channels they shall have suitable protection against erosion during period of flooding.

During grading operations, necessary measures for dust control will be ex- ercised.

Grading equipment will not be allowed to cross live streams. made for the installation of culverts o r bridges.

Provision will be

308.4 Storm Drains

308.4.1 A l l streets shall be designed so as to provide for the discharge of all surface waters accumulated within their rights-of-way. The cross slope of the crown on proposed streets in tangent shall be no less than one-quarter (4) of an inch per foot and not more than three quarters (3/4) of an inch per foot.

308.4.2 If storm drain pipes are used to discharge the storm water from street rights-ofway, they should be located behind the curb and within the right-of-way of that street. When located in undedicated land, they shall be placed within a maintenance easement of a width acceptable to the municipal engineer. All storm drain pipes shall be protected by a cover of at least eighteen (18) inches.

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308.4.3 Storm drains shall be adequate for the anticipated runoff when the area is as fully developed as is permitted by zoning. They should have a minimum diameter of fifteen (15) inches and a minimum grade of two (2) percent, unless otherwise approved by the municipal engineer.

308.4.5 Manholes, inlets, o r special storm drain sections of a minimum radii of ten (10) to fifteen (15) feet shall be used where abrupt changes are made in alignment.

308.4.6 Inlets shall be located at intervals of approximately four hundred (400) feet where pipe sizes of twenty-four (24) inches or less are used and approximately six hundred (600) feet apart where larger sizes are installed. Inlets should be substituted for manholes where they w i l l serve a useful purpose.

Storm water drainage design should be of the suburban type (self cleaning) for all inlets, manholes, and pipes.

309 STORM DRAINAGE SYSTEMS

309.1 Overall Considerations

In all subdivisions and land developments proposed, storm drainage facilities shall be provided in order to:

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1) permit unimpeded flow of natural watercourses:

2) ensure adequate drainage of all low points along the lines of streets;

3) intercept storm water runoff along street at intervals related to the extent and grade of the area drained;

4)

5)

provide positive drainage away from on-site sewage disposal:

remove surface water from the bottom of vertical grades, lead water from springs, and avoid excessive use of cross-gutters at street intersections and elsewhere.

309.2 Site Drainage Plan

1)

2)

calculations of runoff for all points of runoff concentration;

complete drainage systems for the subdivision or land development, (all existing drainage features which are to be incorporated in the design shall be so identified). Such a drainage system shall meet the standards and specifications of any applicable punicipal ordinance and the County Soil and Water Conservation District. *

5* Delaware County Conservation District Erosion - and Sediment Control Handbook. Delaware Countv. Pennsvlvania 1973. a -

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3) approval by the Pennsylvania Department of Transportation wheg drainage structures are to be located on state highway rights-of-way.

If the subdivision or land development is to be developed in stages, a general drainage plan for the entire subdivision o r land development shall be presented with the first stage, and appropriate development stages for the drainage system shall be indicated.

309.3 Calculation of Storm Runoff

Storm runoff may be calculated by the rational method described in Manual Number 37 of the American Society of Civil Engineers. Complete detailed calculations shall be submitted to the municipal engineer at the time of final review. I

309.4 Design of Drainage Systems

Design of the drainage system should incorporate the following considerations:

309.4.1 The existing points of natural drainage discharge onto adjacent property shall not be altered without the written approval of the affected landowners.

309.4.2 N o storm water runoff or natural drainage water shall be so diverted as to overload existing drainage systems or create flooding or the need for additional drainage structures on other private properties or public lands without approved provisions being made by the developer for properly handling such conditions.

3 10 N A T U R A L FEATURES PRESERVATION

310.1 General Standards

The design and development of all subdivisions and land developments shall preserve, whenever possible, natural features such as the natural terrain of the site, woodland areas, large specimen trees, natural watercourses and bodies of water, floodplains, wetlands, soils, rock outcroppings, and scenic views.

Where, in the opinion of the Planning Commission, preservation of such natural features is of great importance, even if safety hazards are not clearly involved, and cannot be reasonably achieved by means of conventional sub- divsion, the Planning commission may recommend a reduction of the gross area, dimensions, and yard requirements for each lot, as required by the zoning regulations. However, the total number of lots within the tract shall not exceed that which would otherwise be allowed under the said zoning regulations.

~~ ~ ~~

See footnote 8.

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310.2 Floodplain Protection

See "Delaware County Flood Plain Protection Ordinance for Subdivision and Land Developments, 1977, Ordinance #77-5.

310.3 Topography

The natural terrain of the proposed subdivision or land development tract shall be retained wherever possible. Cut and fill shall be kept to the minimum. Cut and fill operations shall be used either to achieve acceptable development standards (for street grades, parking areas, building sites) or to enhance the quality of site design (e.g., berms or swales which add visual interest, and perform functions such as screening, drainage).

310.4 Vegetation

Significant tree masses and specimen trees shall be preserved wherever possible. The building envelopes should be located within the allowable building area in such a manner as to minimize damage to vegetation. Where possible, existing open areas should be developed instead of wooded areas. Areas in which trees are retained should remain undisturbed out to the canopy drip line and at the original grade level wherever possible.

'.

Native trees twelve (12) inches or more in diameter (measured a t a height four and one-half (43) feet above grade) should not be removed unless they are located within the proposed cartway or sidewalk portion of a street right-of-way, within fifteen (15) feet of the foundation area of a new building, within a utility easement, within a proposed parking area, or within an area where regarded necessary to achieve acceptable site development may endanger the trees.

Where no existing trees are retained along street rights-of-way, trees should be planted at intervals of not less than fifty (50) feet, depending on species; and preferably in a mixture of types rather than in a pure stand of one type.

310.5 Aquatic Features

Aquatic features (natural watercourses, bodies of water and wetlands) shall be protected wherever possible. Lake, stream and river frontage shall contain access points to the water. Maintenance easement areas shall be provided at intervals of no more than one-half (0.5) mile. These access points shall be no less than twenty-five (25) feet in width.

310.6 Soil and Rock Features

Outstanding soil and rock units shall be safeguarded wherever possible. Topsoil should not be permanently removed f rom the development site or used as fill. During construction, topsoil shall be removed from the immediate vicinity and stored separately, During storage, the topsoil shall be stabilized to minimize erosion. Upon completion of construction, the topsoil shall be uniformly redistributed on the site.

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311 STREET RELATED IMPROVEMENTS

311.1 Sidewalks

3 1 1 . 1 . 1 Pedestrian movement systems (walkways, sidewalks , or a combination thereof) should be provided.

If sidewalks are provided, they shall be in accordance with the standards specified in Table 3 , which is presented below and made a part of this ordinance

TABLE 3-SIDEWALK REQUIREMENTS TYPE O F DEVELOPMENT

RWal Residential Suburban Urban Non-

Classification ( gross dens : Residential Residential residential of less than I ( g r o s s dens: (gross dens: Commercial

Street D.U. /acre ) 1-5 D . U . /acre) 5+ D. U . /acre) Industrial

Local Optional Both sides A s may be Optional 2 2

4 f t . wide required by the Planning Commission

Both sides for public 4 f t . wide 4 f t . wide safety and

Collector 0 ptional Both sides

convenience

Arterial A s recommended by the Penngylvania Department of Transportation

Dwelling unit per acre Optional, but where provided, a 4 foot minimum Pennsylvania Department of Transportation, op. cit., see p. 33.

2 3

311 .1 .2 Sidewalks shall be located in the street right-of-way and as far from the curb as is practicable. The grade and surface treatment of the sidewalk shall be continuous across driveways except in certain cases where heavy traffic volumes dictate special treatment. The grade and alignment of all sidewalks shall be approved by the municipal engineer.

311.1 .3 The Planning Commission may recommend permanent, unobstructed easements at least ten (10) feet in width in order to facilitate pedestrian access from the roads to schools, parks, playgrounds, mass-transit boarding points, or other nearby roads.

311.2 Bridges and Culverts

Bridges and culverts shall be designed to meet current Pennsylvania Depart- ment of Transportation standards, to support expected highway and street

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7 traffic loads, and to carry or bridge expected water flows.

311.3 Street Li ehts

Street lights should be provided when required by municipalities in all development of a gross density geater than five ( 5 ) dwelling units per acre.

311.4 Fire Hydrants "I

If installed by the developer, all developments using public water shall provide fire hydrants which shall satisfy standards established by the Pennsyl- vania fire insurance rating organization.

Fire hydrant locations shall be shown on the Final Plan and shall be approved by the local fire marshall.

311.5 Street Names

311.5.1 Proposed streets which are in alignment with others already existing and named shall bear the names of the existing streets.

311.5.2 In no case shall the name of a proposed street duplicate an existing street name in the municipality or the postal district.

311.5.3 All street names shall be subject to the approval of the local government which should be granted after consulting the local postmaster.

311.5.4 Streets shall be identified by signs approved by the local zoning officer in accordance with the municipal ordinance regulating street graphics. In lieu of such a local ordinance, street signs shall be approved by the local government.

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Approval by the Pennsylvania Department of Environmental Resources is required when the area drained upstream of the point under consideration exceeds one-half (3;) square mile.

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S E C T I O N 400 G E N E R A L DESIGN S T A N D A R D S

FO R CO NVEN T I 0 N A L S U B D I V I S I O N S

40 0

40 1

GENERAL DESIGN STANDARDS FOR CONVENTIONAL SUB- DIVISIONS

BLOCK DESIGN

The rigid gridiron street pattern resulting in block layout need not necessarily be adhered to, and the use of such plan elements as curvilinear streets or U-shaped streets is hereby encouraged to achieve layouts more desirable in both visual and economic terms.

However, if block layout is contemplated, the following regulations shall apply :

401.1 Block Layout

The lengths, widths, and shapes of blocks shall be determined w i t h due regard to:

1) provision of adequate sites ibr buildings of the type proposed;

2 ) municipal zoning requirements;

3) topography and other natural limitations;

4) requirements for . safe and convenient vehicular and pedestrian circulation, including the reduction of intersections with arterial streets.

401.2 Block Length

The following standards for block length shall be applied:

1) the longer side of a residential block shall ordinarily be no less than five hundred (500) feet nor more than one thousand eight hundred (1,800) feet in length;

2 ) where practicable, blocks along arterial and collector streets should be no less than one thousand (1,000) feet long;

3) in blocks with lengths greater than one thousand (1,000) feet, the Planning Commission may recommend an easement through the block to accommodate utilities, drainage facilities, or pedestrian traffic.

401.3 Block Depth

Residential blocks shall be of sufficient depth to accommodate two tiers of lots, except:

1) where reverse frontage lots are required adjacent to an arterial street; or

2 ) where prevented by the size, topographical conditions; or

3) on the edge of a subdivision where it is anticipated that a block wi l l be completed by future development.

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402 LOT DESIGN

402.1 General

: -

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The lot arrangement shall be such that there will be no foreseeable difficulties, for reasons of topography or other conditions, in securing building permits to build on all lots in compliance with the local zoning ordinance and in providing driveway access to buildings on such lots from approved public or private streets.

402.1.1 Within the requirements of the zoning ordinance(s) of the municipality(ies) affected, the size, shape, and orientation of lots shall be appropriate for the type of development and use contemplated.

402.1.2 Insofar as practical, side lot lines shall be at right angles to straight street lines or radial to curved street lines. Acute angles or small projections should be avoided. However, different lot shapes will be permitted if they can be shown to be necessary or desirable to relate building sites to the terrain or to provide better site utilization and building relationships.

402.1.3 Where feasible, lot lines shall follow rather than cross municipal boundaries in order to avoid jurisdictional problems.

402.1.4 one (1) and no more than three (3) t i m e s their widths.

Generally, the depth of residential lots should be no less than

402.1.5 If, after subdivision, there exist remnants of land, they shall either be :

1) incorporated into existing or proposed lots: or

2) legally dedicated to public use, if acceptable to the municipality.

402.2 Lot Front age

402.2.1 Double or reverse frontage lots may be required to provide separation of residential development from arterial streets or to overcome specific disadvantages to topography or other natural features of the proposed subdivision or land development tract.

402.2.2 All residential reverse frontage lots should have a rear yard with an appropriate landscape screen which should be immediately adjacent to the right-of-way.

402.3 Lot Access

402.3.1 Residential lots having direct access to an arterial street shall be avoided whenever possible. Where direct access to an arterial street cannot be avoided safe sight distance in addition to adequate turn-around space shall be provided behind the right-of-way.

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403 STREET DESIGN

403.1 General

403.1.1 Proposed streets shall be in accordance with the official map of the municipality(ies) affected and should be coordinated with road and highway plans of the State and County. Streets shall be designed to provide adequate vehicular access to all lots or parcels with regard to topographic conditions, projected volumes of traffic, and further subdivision possibilities in the area.

403.1.2 The street system of a proposed subdivision or land development should be designed to create a functional street pattern which includes collector and local streets where appropriate. If road classification is not indicated on site plans, it may be based on the comprehensive plan or offiaal map of the municipality affected. Otherwise, for the purpose of review, the planning staff shall utilize traffic information available to it. A list of Arterial Streets is maintained by the Planning Commission. The following table illustrates street classification as may be used by the planning staff .

Classification of Streets

TABLE I

Average Daily

Traffic Intensity of

Land Use

Major Collector 1,500 - 5,000 17.0+ D.U./Acre

Minor Collector 800 - 1,500 5.0-16..9

Local Street 200 - 800 1.0- 4.9

Rural Street 0 - 200 .67- .99

403.1.3 The street system of a proposed subdivision or land development shall be designed so as to minimize street intersections and pedestrian- vehicular conflict s .

403.1.4 Proposed local streets shall be designed so as to discourage through traffic and control excessive speeds.

403.1.5 The arrangement of streets shall provide for continuation of existing or platted streets and for proper access to adjoining undeveloped tracts suitable for future subdivision.

403.1.6 Where a subdivision or land development contains or fronts on an existing street of improper width or alignment and if it appears that in the foreseeable future that the street will be widened or adjusted, the Planning Commission m a y require additional setback be provided of sufficient depth to allow for the widening o r to correct the alignment of the street.

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403.1.7 Dead-end streets are prohibited unless designed as cul-de-sac streets or for future access to adjoining properties.

403.1.8 Any dead-end street which is constructed for future access to an adjoining property or, because of authorized stage development, is open to traffic and provides access to more than four dwelling units, shall be provided with a temporary, all-weather turnaround. The turnaround shall be completely within the boundaries of the development, and the use of the turnaround shall be guaranteed to the public until such t ime as the street is extended. This type of street shall not be construed to mean a cul-de-sac.

403.1.9 Where a subdivision or land development fronts on or contains an existing or officially mapped arterid traffic street, the Planning Com- mission may recommend marginal access streets, reverse frontage lots, or such other treatment as is needed to provide protection for abutting properties, reduction in the number of intersections with the arterial street, and separation of local and through traffic.

403.1.10 If a portion d the tract is not subdivided, suitable access and street openings for future development shall be provided. Appropriate notations shall be inserted in every deed and on every Record Plan, either directly or by reference.

403.1.11 A l l roads shall be graded and improved to conform to the municipal construction standards and specifications.

Road designs and specifications shall be approved by the municipal engineeg in accordance with the construction plans required for the Final Plan review.

403.2 Right-of-way and Cartway Widths

403.2.1 Street rights-of-way and cartway in proposed subdivisions and land. developments shall conform to the standards set dorth m Table 2, which is presented below and made a part of this ordinance.

Any street, access road, driveway, or storm drainage facility en- croaching on a legal right-of-way of a state highway is required to obtain a highway occupancy permit &om the Pennsylvania Department of Transportation, Such a permit can be applied for from the D i s t r i c t Permits Engineer in the Pennsylvania Department of Transportation District 6 Office upon proof that the municipality affected has been notified of the proposed development.

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TABLE 2

Type of

Gutter Classification or

Dwellings of R.0 .W. Cartyay C urb Per Acre Streets (ft.1 (ft.) Required Sidewalk

17.0 + Major 80 44 Curb. Required Collector

5.0 - Minor 60 34 Curb. Required 16.9 Collector

1.1 - Local 50 + 24 Rolled Optional 4.9 Street Gutter

1.0 Rural 50 22 Rolled Not Street Gutter Required

Measured to the center line of curb or rolled gutter 1

403.2.2 The Planning Commission may recommend a modification of the standards set forth in Table 2 when an analysis .of proposed development densities, provisions for off-street parking, and projected traffic volumes indicate a need for such modifications. Recognition shall be given to the trends for smaller cars and the need to conserve energy and our natural resources in analyzing the need to make such modifications. The burden of proof shall be upon the developer to justify the adequacy of proposed right-of-way or cartway widths which are less than those set forth o r the dispensability of other required improvements if not provided in the plan.

403.3 Horizontal Curves

403.3.1 Whenever street centerlines are deflected more than five (5) degrees, connection shall be made by horizontal curves.

403.3.2 Horizontal curves shall be designed w i t h the following minimum radii :

1) local streets - one hundred (100) feet;

2) collector streets - three hundred (300) feet;

3) arterial streets - in accordance with the Pennsylvania Department of - Transportation's standards for highway design in effect at the time of

application.

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403.3.3 A minimum tangent of one hundred (100) feet shall be required between reverse curves on collector and arterial streets and between a curve and a street intersection where one of the intersecting streets is a collector or an arterial street.

403.4 Vertical Curves

403.4.1 Vertical curves shall be used in changes or grades exceeding two ( 2 ) percent.

403.4.2 Vertical curves shall be in accordance with the Pennsylvania Department of Transportation's standards for highway design and shall be designed to produce the following minimum sight distances, (with the more strict requirement governing) :

1) local streets - one hundred fifty (150) feet:

2) collector streets - three hundred (300) feet;

3) arterial streets - five hundred (500) feet.

403.4.3 There should be a minimum centerline grade on all streets of two (2) percent, but not less than 1%.

403.4.4 A combination of minimum radii, horizontal curves, and maximum grades wi l l not be approved.

403.5 Street Intersections

403.5.1 Streets shall intersect at right angles whenever practicable. When local streets intersect collector or arterial streets, the angle of intersection at the street centerlines shall in no case be less than seventy-five (75) degrees. N o two streets shall intersect at an angle less than sixty (60) degrees at their centerlines.

403.5.2 Multiple intersections involving the junction of more than two streets shall be avoided.

403.5.3 Two streets may intersect a third street (two "T" intersections) if their centerlines are offset according to the following standards:

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the two streets shall be separated by a distance of one hundred fifty (150) feet between centerlines measured along the centerline of the street being intersected when all three streets involved are local streets:

I - feet between centerlines measured along the centerline of the street 1

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the two streets shall be separated by a distance of four hundred (400)

being intersected when one or more of the streets involved is a collector streets ;

the two streets shall be separated by a distance of eight hundred (800) feet between centerlines measured along the centerline of the

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street being intersected when one or more of the streets involved is an arterial street.

403.5.4 Street right-of-way lines shall be parallel to (concentric wi th) curb arcs at intersections.

403.5.5 Clear sight triangles shall be provided at all intersections. Within such triangels, no object greater than two and one-half (2A) feet in height and no other object that would obscure the vision of the motorist shall be permitted. Such triangles shall be established from a minimum distance of fifty (50) feet from the point of intersection of the centerlines of h o streets. Greater distances may be recommended by the Planning Commission if warranted by specific. circumstances.

403.5.6 Whenever a portion of the line of such a clear sight triangle occurs within the proposed building setback line, such a portion shall be shown on the Final Plan of the subdivision or land development and shall be considered a building setback line.

403.6 Street Grades

The maximum street grades, wherever feasible shall not exceed the following:

(1) Rural and Local streets: ten percent (10%). In unusual situations where topography or sub-soil structure make it impossible to meet this requirement, the Commission may permit grades up to twelve (12 ) percent.

(2) Minor and Major Collector: six percent (6%).

Where the grade of any street at the approach to an intersection exceeds seven percent (7%), a leveling area shall be provided having not greater than four percent (4%) grades.

404 Cul-de-sacs

404.1 Cul-de-sac streets permanently designed as such should not furnish access to more than thirty (30) dwelling units or potential dwelling units. The cartway width for cul-de-sac streets 500 feet or less in length and serving not more than fifteen (15) dwelling units may be reduced to a minimum of 22 feet. The turning area may be of the L , T , Y or circular shape with dimensions appropriate for the turning of service and emergency vehicles servicing the immediate area. The minimum radius of the arcular turning area shall be 35 feet as measured to the curb line.

404.1.1 The centerline grade on a cul-de-sac street shall not exceed fourteen (14) percent, and the grade of the diameter of the turnaround shall not exceed five ( 5 ) percent.

404.1.2 Permanently designed cul-de-sacs should have a right-of-way width adequate to provide required street pavements. Additional width may

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be required, as needed, to accommodate sidewalks, utilities, width drainage facilities, landscaping and grading. However, the width of the right-of-way shall not be less than 35 feet.

404.1.3 Drainage of cul-de-sacs shall perferably be towards the open end.

405 Driveways

405.1 The centerline af a driveway at the point of access to a street should be located no closer to another street intersection than the following distances :

405.1.1 For subdivisions of one and two-family dwellings:

404.1.1.1 Forty (40) feet if the intersecting street is a local street;

405.1.1.2 Fifty (50) feet if the intersecting street is a minor collector;

405 .l. 1.3 Seventy (70) feet if the intersecting street is a major collector.

Driveways intersecting arterials should be discouraged.

406 Alleys

406.1 Where permitted, alleys in residential developments shall have a minimum width of twenty (20) feet and a minimum paved surface of sixteen (16) feet. Where alleys serve dwellings on only one side, the Planning Com- mission may recommend permitting a paved alley surface of no less than fourteen (14) feet.

406.1.1 Dead-end alleys shall be avoided, but where this proves impossible, they shall be terminated with paved circular or "Y" turnarounds of adequate dimensions.

406.1.2 Alley intersections and sharp changes in alignment shall be avoided, but where necessary, inside corners shall be rounded or cut back sufficiently to permit safe vehicular passage and arculation.

40 7 Streets in Flood Prone Areas

Refer to Article I11 Section 2.3 of "The Delaware County Flood Plain Protec- tion Ordinance for Subdivision and Land Developments of 1977, " Ordinance #77-5.

408 Half Streets

408.1 The creation of new half streets at the perimeter of a new subdivision or land development is prohibited.

408.1.1 The developer shall provide the entire required right-of-way within his property along all existing streets which traverse or abut the property, o r as much thereof as is possible.

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409 Excess Right-of-Way

A right-of-way width supplement in the form of a construction and maintenance easement shall be required whenever additional width is necessary due to topography to provide adequate earth slopes. Such slopes shall not be in excess of two (2) (horizontal) to one (1) (vertical).

410 Railroads and Limited Access Highways

410.1 Railroad rights-of-way and limited access highways, where so located as to affect the subdivision or land development of adjoining lands, shall be treated as follows:

410.1.1 In residential districts, a buffer strip should be provided adjacent to the railroad right-of-way o r limited access highway.

410.1.2 Streets parallel to the railroad shall, to the extent practicable, be at a distance of at least three hundred (300) feet from the railroad right- of-way when intersecting a street which crosses the railroad at grade. This distance shall be determined with due consideration of the minimum distance required for future separation of grades by means of appropriate approach gradients.

411 Open Space Areas

411.1 Required Provisions of Common Open Space

411.1.1 Subdivisions of single-family detached lots shall meet the open space requirements of the Municipal Zoning Ordinance.

411.1.2 Subdivisions designed for f i f ty or more dwelling units, and where the gross residential density is greater than five (5 ) dwelling units per acre, shall have common open space provided if the proposed development is located further than one (1) mile from park land. If the developer provides developable land for common open space instead of land normally considered not developable, the Planning Commission may also recommend a reduction of the gross area, dimensions, and yard requirements for each lot, as required by the zoning regulations. However, the, total number of lots shall not exceed that which would be provided if the provision for common open space were not imposed.

The reservation of land at the ratio of 1.5 acres of recreation land for each 100 dwelling units should be provided. A l l areas set aside in a subdivision or land development, due to hazardous conditions or for the purpose of preserving natural features, may be credited toward this open space requirement.

411.1.3 Control of Common Open Space

The areas to be reserved as recreation land may be (1) conveyed to the municipality if acceptable to the municipality, (2) conveyed to a legally con- stituted homeowners association or ( 3 ) retained and managed by private ownership. Satisfactory written arrangements, acceptable to the municipality

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in all cases shall be made for the perpetual preservation and main tenance cd all common areas to be set aside and reserved for private use.

A l l land accepted for open space and recreation may be counted as developable land for the purpose of determining density.

412 Exceptions

In addition to the exceptions provided for in Section 106.1 of this ordinance, the common open space requirements may be modified or waived by the Planning Commission or the local government upon finding that the common open space that would be provided under this section is either not necessary to accommodate the prospective residents of the subdivision or land development or, i f not transferred into a common ownership of landowners, wi l l be inacceptable to the municipality.

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413 APPROVAL

Approved t h i s t h e 1 7 t h da A.D. 1978.

(;r Vice Chairman, County Council'

Member, County Counci l /

3 r . - t A d Member, County Council

Member, County Counc&-l I'

I hereby a t t e s t t h a t t h e foregoing i s a t r u e and c o r r e c t copy of Ordinance # 78-5 of t h e County of Delaware e n t i t l e d "The Delaware County Subdiv is ion and Land Development Ordinance of 1978." /F,!

?{ t? i&V?q&@g 1 1

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4- County % l e r k

October, 17 , 1978

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SECTION 500 GENERAL DESIGN STANDARDS FOR CLUSTER SUBDDIVISION

5 02 DESIGN CONSIDERATIONS

502.1 Dwelling/ Clusters

502 .l. 1 Each cluster should serve as a module, which is separated by common land that helps give visual definition to each individual cluster.

502.1.2 access to large common areas and for maintenance.

502.1.3 Each cluster should be sited to avoid and take advantage of natural obstacles such as prominent rock outcrops, watercourses, steep slopes and dense woodland and should be flexible within its design to meet these objectives.

Space separating clusters should be of adequate width to allow

502. l. 4 Dwelling within a cluster should avoid having direct (driveway) access to a collector street. Where direct (driveway) access to a collector street cannot be avoided, dwellings should be oriented about a common access street, such as a square, cul-de-sac or in an irregular fashion.

503 OPEN SPACE

503.1 two or all of the following categories:

All common open space shall be designated on the plans using

a) Lawn: A grass area with or without trees which may be used by the residents for a variety af purposes.

b ) Natural Area: An area of natural vegetation, flood plain or steep slopes undisturbed during construction. Such area may contain pathways.

c) Recreation Area: An area designated for active recreation use, including but not limited to tennis, swimming, playfield or tot lot.

503.2 The common open space shall be laid out in accordance w i t h the best principles of site design. It is intended that the common open space shall be as close to all residences, as possible, with access leading to major recreation spaces and community facilities.

504 P L A N T I N G

504.1 The appeal and character of the site shall be preserved and enhanced by retaining and protecting efisting trees and other site features; and additional new plant material shall be added for privacy, shade, beauty of buildings and grounds and to screen out objectionable features.

504.1.1 Street trees shall be planted along all streets where suitable trees do not exist in major cluster developments.

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504.1.2 Developer should choose trees that are aesthetically pleasing, exhibiting good shape and form. Trees should be structurally sound and vigorous.

504.1.3 A t intersections, trees shall be located no closer than thirty (30) feet f r o m the intersection of the street right-of-way.

504.1.4 Mature trees of good shape and form should be protected from equipment damage during construction by fencing, roping or flagging.

504.1.5 Fill of 6 inches or more will harm most species of trees and should be avoided.

505 BUFFER AREAS

505.1 Buffer yards are required between cluster subdivisions and along existing collector streets.

505.1.1 visual and/or physical barrier between conflicting land uses.

505.1.2 The developer shall not be required to provide a buffer yard should existing planting, topography, o r man-made structures, be deemed acceptable for screening purposes by the Planning Commission.

Buffers should serve to screen glare and noise and to create a

506 STREET DESIGN

506.1 General

506.1.1 The circulation system should be designed to create a functional circulation pattern for safe and convenient access which can be maintained easily at a minimum cost.

506.1.2 All roads shall be logically related to topography and other natural characteristics to produce reasonable grades and satisfactory drainage for each cluster site.

506.1.3 A l l roads of a cluster subdivision shall be graded and improved to conform to the standards of this ordinance.

506.1.4 The overall street design should discourage the unnecessary removal of trees o r open space, or which will create erosion because of poor location which generates too much runoff.

506.2 Classification of Streets

506.2.1 New residential streets within a Cluster Development may be classified as follows :

1) Access Road - The primary purpose of this road is to conduct traffic to abutting lots in a cluster. Access roads may be designed as a crescent, a square, a cul-de-sac or in an irregular fashion. Where possible one-way traffic should be encouraged.

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2 ) Secondary Residential Road - This road should be designed to carry a moderate volume of traffic to intercept access roads, to provide routes to collector streets and community facilities. These roads may be cul-de-sac or loop streets.

3 ) Primary Residential Road - The function of this road is to conduct traffic between local and major roads - a through-traffic street. Residential lots are discouraged from having frontage on these roads. Marginal access roads may be used to satisfy this objective.

506.2 .2 A l l residential development within thirty (30) or more units should provide two points of access, when feasible. The second point of access when provided for emergency purposes only, may traverse open space, grass area, etc. Exception to this standard may be permitted when main entrance developments are designed with one-way ingress and egress points.

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506.3 Street Standards

506.3 .1 The following table is ai general guide to the dimensional standard for the various classifications of the above streets:

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TABLE 3

Curb R.O.W. Cartway or Sidewalk

(ft. 1 (ft. 1 Gutter Sidewalk

Access Road I(1) 16 ( 2 ) not not required required

Secondary Residential Road (1)- 24(3) Rolled Optional Gutter

Primary Residential Road 50 28 Curb Optional

( 1 ) Adequate width to provide utilities, drainage facilities, landscaping, and grading.

( 2 ) One way traffic is encouraged, i f two-way traffic is used, the paved area shall be increased to 20 feet.

( 3 ) Roads serving 10 or less units may reduce the paved area to a minimum width of 20 feet.

506.3.2 The objectives of the above regulations for cluster type development are to stimulate flexibility, economy and ingenuity in the design of subdivisions.

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506.4 All other requirements, including Section 100, 200, and 300 of the County Subdivision and Land Development Ordinance are applicable to Cluster Development.

507 PUBLIC AND PEWATE UTILITY SYSTEMS

507.1 Refer to sections 303, General Provisions for all Residential Developments.

507.2 Community sewerage tile fields or spray irrigation systems when permitted and community water supply systems, power facilities may be installed in common open space land.

507.3 Public and private utility systems, including water mains, electric, gas, telephone, cable T.V. may be installed in common open space land.

507.4 Existing oil and gas line rights-of-way may be included in the open space requirements.

5 08 RECORD PLAN

508.1 The record plan and deed of a cluster development must contain a statement indicating that the common open space land may not be separately sold, nor shall such land be further developed or subdivided.

508.2 The record plan must be accompanied by convenants, agreements, o r other documents showing ownership and method of maintenance and utilization of these areas within the subdivision that are declared to be communal open space.

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SECTION 600 GENERAL DESIGN STANDARDS FOR

MULTI-FAMILY DEVELOPMENT TYPES

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603 BUILDING LOCATION

603.1 The location of buildings in general, and more specifically, the distance at the closest point between two buildings or groups of buildings, shall be sufficient to guarantee adequate sunlight, outdoor functional areas and privacy for all occupants of these buildings.

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603.1.1 does not directly face another.

603.1.2 Buildings (Apartments) should vary in length and p1acement.to avoid monotony.

The location of buildings should be placed so that one window

603.1.3 Any buildings erected on the same frontage as another building shall be visibly off-set from adjoining building.

603.1.4 Onefamily attached houses should be designed in groups of no more than eight (8) attached units. However, groups of 4 to 6 units are preferable.

603.1.5 When onefamily attached houses with rear yards not abutting common open space, there shall be a right-of-way easement of not less than seven (7) feet provided along the full width of each yard. No vegetation, structure or fence shall be permitted within the right-of-way to impede pedestrian access.

603.1.6 One-family attached dwelling shall not have direct individual driveway access to a collector (through) street.

603.1.7 When possible, for energy conservation, buildings should be oriented towards the southwest.

604 PEDESTRIAN ACCESS

1) Street sidewalks and on-site walkways shall be provided for convenient and safe access to all living units from streets, driveways, parking courts or garages and for convenient circulation and access to all project facilities.

604.1 Design Standards

604.1.1 Sidewalks and on-site walkways should be functionally organized and follow the natural path of circulation.

604.1.2 Walking distance from car parking areas to dwelling units should not exceed 250 feet; exception to this standard should be reasonably justified by compensating advantages, such as desirable views and site preservation through adaptation to topography.

604.1.3 Walkways should be wide enough to accommodate twoway traffic. The minimum width should be four (4) feet.

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604.1.4 Sidewalks adjacent to angle parking areas shall be set back a minimum of five (5) feet to prevent car overhang from restricting pedestrian movement along the sidewalk.

604.1.5 Sidewalk ways shall not exceed eight (8) percent grade. Steps or a combination of steps and ramps shall be utilized to maintain the maximum grades, where necessary. Where sidewalk grades exceed five (5) percent, a non-slip surface texture shodd be used.

604.1.6 Pedestrian ramps will be required f r o m parking areas to sidewalk ways to ensure adequate circulation in development design to accommodate the handicapped and elderly.

605 VEHICULAR CIRCULATION

605.1 General

605.1.1 The overall circulation system should be designed to create a ,

functional circulation pattern for safe and convenient access not only for pedestrians but for yehicles as well. The primary concern should be as follows :

1) To minimize auto intrusion into neighborhood unit.

2) To separate roads carrying higher volumes at higher speeds from residential units.

To maximize convenience and auto access to each dwelling unit. 3 )

605.1.2 The access to multi-family developments may be a hierarchy of roads or a single point of access. The hierarchial classification system may consist of the following types:

1) Driveway - The primary purpose of the driveway is to conduct traffic to and f rom parking areas and for multi-family developments. The driveway is usually dead-end with no through traffic.

2) Local - a short street, cul-de-sac, loop or court. The primary purpose of the local street is to conduct traffic to other streets within the hierarchy of streets. This street when providing access to townhouses may pemit on-street angle parking in front of units.

Sub-collector - provides access to local streets and conducts traffic to a higher classification street - a through-traffic street.

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605.2.1 Driveways onto major or collector streets should be located a minimum of 200 feet from the closest intersecting street.

605.2.2 Driveways entering opposite sides of any street should be laid out either directly opposite one another or with a minimum offset of one hundred-fifty (150) feet between their centerlines.

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605.2.3 Driveways shall not intersect any street opposite through streets . 605.2.4 Driveways intersecting major traffic routes should be deep enough to allow for the stacking of a minimum of three (3 ) cars. N o parking spaces shall front on this section of the the driveway.

605.2.5 For driveway intersections, at a point fifteen (15) feet h-om the curb line there shall be a clear sight distance in both directions of two hundred (200) feet for local streets and three hundred (300) feet for sub- collector streets measured from the point of intersection. No object greater than two and one-half (2t) feet in height and no other object that would obscure the vision of the motorist shall be permitted within this sight triangle.

605.2.6 Multiple intersections involving junction of more than two streets or driveways shall be avoided.

605.2.7 Driveways arrb-streets--shall- -be-laid out to intersect as nearly as possible at right angles. None shall intersect another at an angle of less than sixty (60) degrees.

605.3 Rights-of-way and Cartway Widths

605.3.1 Right-of-way widths for multi-family (residential) streets should be adequate to provide required street pavements. As needed, additional width may be provided to accommodate sidewalks, utilities, drainage facilities, landscaping, street furniture, and grading.

605.3.2 ments, the widths shall conform to the standards in Section 403.2.1. widths shall conform to the standards in the following table:

When street rights-of-way are required in multi-family develop- Cartway

TABLE 4

Classification of

Streets

SUB COLLECTOR LOCAL DRIVEWAY

28 feet 22 feet 22 feet (1)

(1) Driveways serving apartment developments (over 50 units) shall have a minimum width of 28 f t . for a length of 60 ft.

605.4 Street Grades

605.4.1 There shall be a minimum centerline grade on all streets of not less than one (1) percent.

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605.4.2 Driveways and local streets intersecting other streets within the hierarchy of streets shall have a levelling area not greater than four (4) percent for a distance of forty (40) feet measured from the nearest right- of-way line of the intersecting street.

605.4.3 The maximum grade for driveways and local streets shall not exceed ten (10) percent: up to twelve ( 1 2 ) percent may be permitted on driveways for 60 feet when providing access to parking areas.

605.5 All multi-family development with thirty (30) or more units should provide two points of access when feasible. The second point of access when provided for emergency purposes only, may traverse open space, grass area, etc. Exception to this standard may be permitted when main entrances to developments are designed with one-way egress and ingress points separated by a medial strip.

605.6 The design requirements for all other streets not included in Section 605 shall comply with all standards set forth in Section 403.

606 CUL-DE-SACS

606.1 Cul-desacs serving multi-family developments may offer many design variations. The turning area may be of the T , Y, or circular shape with dimensions appropriate for the turning of service and emergency vehicles servicing the immediate area. The cul-de-sacs shall comply w i t h all other standards for local streets as set forth in this section.

607 PARKING AREA

607.1 with the requirements of the local zoning ordinance.

Motor vehicle parking facilities shall be provided in accordance

607.1.1 Parking areas shall be designed with careful regard to orderly arrangement, topography, amenity of view, ease of access, and as an integral part of the werall site design.

607.1.2 Parking roads and areas should be varied with width and direction to fit unusud spaces, to match the geometry of clusters, and to improve the visual image.

607.1.3 The parking spaces provided for the various types of residential development may be, but not limited to the form of a garage, car port, or parking court.

607.1.4 When parking spaces are provided in front of buildings there shall be no more than sixteen (16) spaces in a row without a landscape inter- ruption. When parking is provided in a court-bay there should be no more than sixty (60) spaces in each bay-court.

607.1.5 Special sections may be marked off for compact cars so as to better utilize the entire area. Areas designated for compact cars should not be more than twenty-five (25) percent of the required parking.

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607.1.6 Parking areas with 30 or more cars should be effectively screened f rom surrounding structures to produce overall visual protection.

607.1.7 The design standards listed in Table 4 (below) shall be required for all off-street parking facilities.

a) The minimum dimensions of stalls and aisles shall be as follows :

TABLE 5

Stall Stall Position Width Depth

90

45 30'

Parallel

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10 10 10 10 8

20 20 20 18 23

Maneuvering Aisle 0 ne- Way Two-way

20 18 16 14 12

24 20 '

18 18 18

NOTE: Stall width and stall depth for compact cars may be 8 feet and 16 feet respectively for angle parking. Spaces for parallel parking may be reduced to 7 feet for stall width and 17 feet for stall depth.

607.1.8 Parking areas shall be designed to permit each motor vehicle to proceed to and from the parking space provided for it without requiring the moving of any other motor vehicles, except attached housing projects.

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607.1.9 Al l parking spaces shall be marked so as to provide for orderly and safe parking.

607.1.10 A l l dead-end parking areas shall be designed to provide sufficient back-up area for the end stalls of the parldng area.

607.1.11 No less than a five (5) foot radius of curvature should be permitted for all curblines in parking areas.

607.1.12 When municipal zoning ordinances do not provide a minimum standard for off-street parking spaces in multi-family developments, a minimum of two ( 2 ) spaces per unit shall be provided with an additional .25 spaces per dwelling unit for visitor parking.

607.1.13 Parking requirements in developments designed for the elderly may be reduced at the Commission's discretion.

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608 STREETS AND PARKING I N FLOOD PRONE AREAS

Refer to Article I11 Section 2.1 of "The Delaware County Flood Plain Protection Ordinance for Subdivision and Land Develop- ment of 1977, " Ordinance #77-5.

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609 OPEN SPACE/RECREATION AREA

609.1 General

609.1.1 This section is to insure that adequate open space and recreation areas are provided to meet the needs of multi-family residents, as these needs are generated by new land development activity.

609.1.2 The provisions of this section shall apply only to: Multi-family developments.

609.2 Type of Recreation/Open Space

609.2.1 The type of recreation/open space should depend upon the type of development proposed. It can be divided into two broad categories-active and passive. For example, garden apartment development may require areas for younger adults and or older adults, i.e., court games, swimming pools, sitting areas, etc. For Townhouses, a section for preschool children (tot lot) and play fields bor teenagers may be desirable.

609.3 Amount of Land

609.3.1 Multi-family developments shall meet the open space requirements of the Municipal Zoning Ordinance.

609.3.2 Developments designed for fifty o r more dwelling units, and where the gross residential density is five (5) units per acre or more shall have common open space provided. Some of this open space shall be devoted to active recreation. If the developer provides developable land for active recreation instead land normally considered not developable, the Planning Commission may also recommend a reduction of the set-backs, yard requirements as required by the zoning ordinance. However, the total number of units shall not exceed that which would be provided if the provision for active recreation were not imposed.

609.3.3 The amount of land to be devoted in each development shall be determined by applying the following formula to the total acreage of the develop ment.

TABLE 6

Acreage Requirements

Minimum required percent of the net residential acreage which must Dwelling unit density per

net residential acre* be dedicated

5 units per acre 3.00% 6 units per acre 3.40% 7 units per acre 3.90% 8 units per acre 4.60%

5.80% 9.30% 12.60%

10 to 19 units per acre 20 to 29 units per acre 30 or more units per acre

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NOTE: Planning

(The above ratio adopted from the American Society of

Officials Report No. 266, February 1971. "Mandatory Dedica- tion of Land or Fee-in Lieu of Lands for Parks and Schools").

* Net residential acreage equals the total acreage minus areas fDr transportation easements, including parking areas.

609.3.4 Steep slopes (exceeding 15 percent), wooded area and flood plains could make up as much as fifty (50) percent af the required common open space land. A minimum of fifty (50) percent of the open space land must be relatively flat, dry ground, not exceeding the average percent of slope of the development and suitable to the intended purposes.

609.3 .5 Whenever storm water management facilities or retention basins are utilized as a portion of recreation open space, it is recommended that the basin design be such as to provide for appropriate dual use for recreational purposes as well.

609.4 Maintenance of the Common ODen SDace/Recreation

609.4.1 space land.

610 REFUSE COLLECTION STATIONS

The owner shall be responsible for maintaining all common open

610.1 trash removal when individual collection is not made and indoor storage is not provided.

610.2 quately from habitable buildings to avoid being offensive, but at the same time be convenient for both collectors and residents and shall be screened and landscaped.

Outdoor collection stations shall be provided for garbage and

Collection stations shall be located so as to be separated ade-

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SECTION 700 DESIGN STANDARDS FOR

MOBILE HOME PARKS

DESIGN STANDARDS FOR MOBILE HOME PARKS . - ~ . 700

70 1 MOBILE HOME PARK DEFINITIONS

Unless a contrary intention clearly appears, the following words and phrases shall have for the purpose of this section the meanings given in the fallowing clauses.

Accessory Building or Structure. A subordinate building or structure which is an addition to or supplements the facilities provided by a mobile home, such as awnings, cabanas, ramadas, storage structures, carports, porches, fences, skirting or windbreaks.

Awning. A shade structure supported by posts or columns and partially supported by a mobile home installed, erected or used on a mobile home lot.

Awning, Free Standing. posts and not attached to o r supported by a mobile home o r structure.

A shade structure supported entirely by columns or

Awning Window. building to which it is attached.

A shade structure supported wholly by the mobile home or

Carport. be free-standing o r partically supported by a mobile home.

An awning or shade structure for a vehicle or vehicles which may

Common Area. Any area or space designed for joint use of residents o r Mobile Home Developments.

Community Management. of the Mobile Home Development.

The person who owns or has charge, care or control

Community System. (Water or Sewage): A central system which serves all living units and is not publicly owned.

Density. The number of Mobile Homes or Mobile Home Stands per acre of gross area.

Diagonal Tie. Any tiedown designed to resist horizontal o r shear forces and which deviates not less than 30 degrees f r o m a vertical direction.

Driveway. Home lot or common access to a small group of lots or common facilities.

A minor private way used by vehicles and pedestrians on a Mobile

Easement. A vested o r acquired right to use land, other than as a tenant, for a specific purpose: such right being held by someone other than the owner who holds title to the land.

Electrical. Park Electrical Wiring System: All of the electrical wiring, fix- tures, equipment and appurtenances related to electrical installations within a mobile home park or subdivision, including the mobile home service equipment.

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Feeder Assembly. The overhead or underchassis feeder conductors, including the grounding conductor, together with the necessary fittings and equipment, or a power supply cord listed for mobile home use, designed for the purpose of delivering energy f r o m the source of electrical supply to the distribution panel board within the mobile home.

Fence. A vertical structure or enclosure designed as a barrier and erected as a free standing unit.

Ground Anchor. pose of securing a mobile home to the ground.

Any device at the mobile home stand designed for the pur-

Lot Area. The total area reserved for exclusive use af the occupants of a mobile home.

Lot Line.

Mobile Home. A structure, transportable in one or more sections, which when erected on site measures eight body feet or more m width and designed to be used as a dwelling, with or without a permanent foundation, when connected to the required utilities, and includes the plumbing, heating, airconditioning, and electricial systems contained therein. Each mobile home shall be constructed in accordance with the National Mobile Home Construction and Safety Standards Act of 1974, 42 U . S.C., 5402 et. seq.

A line bounding the lot as shown on the accepted plot plan.

Mobile Home Community. A mobile home development and related facilities including the mobile homes and all residents within the development.

Mobile Home Lot. exclusive use of its occupant.

A parcel of land fok the placement of mobile home and the

Mobile Home Park. A parcel (or contiguous parcels) of land which has been so designated and improved that it contains fifteen (15) o r more mobile home lots available to the greater public for rent and the placement thereon of mobile homes for occupancy.

Mobile Home Stand. The outline of the actual mobile home including the paved portion of any outdoor living area. Proposed or anticipated structural additions to a mobile home such as carports, cabanas, or attached storage areas shall be considered part of the mobile home stand.

- Pier. deep in the ground and used for support of mobile homes.

Porch. An outside walking area having the floor elevated more than eight inches above grade.

A concrete pillar 12 to 16 inches in arcumference usually placed 3 feet

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Private Street. A private way which affords principal means or access to abutting individual mobile home lots and community service building. Com- munity Management should be responsible for the maintenance af all private street .

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Skirts. Panels specifically designed for the purpose of screening the under- side of a mobile home by forming an extension of the verticle exterior walls for the mobile home and covering the entire distance between the bottom of the exterior walls and the ground elevation below.

Storage Structure. A structure located on a mobile home lot which is designed and used soley for the storage and use of personal equipment and possessions of the mobile home occupants.

Tiedowns. Any device designed for the purpose of anchoring a mobile home to ground anchors.

Windbreak. unit, the vertical surface of which is not more than 50 percent open.

A vertical wall structure designed and erected as a free-standing

702 GENERAL CONSIDERATIONS

1) All mobile home parks where permitted, shall conform to the following standards as well as to other applicable standards in this subdivision and land development ordinance.

2 ) Municipal Subdivision and Land Development Ordinances which regulate Mobile Home Parks shall supercede (as a repeal protanto of) the County 0 rdinance .

702.1 Ownershir, and Control

A l l mobile home parks shall be planned as a unit, and the site shall be m single ownership or under unified control.

702.2 General Lavout

All mobile home parks shall be laid out with due consideration to slopes and other natural features. Natural drainage ways will in no way be impaired by development. Streets should run, where possible, with the contours of the land. Efforts should be made to layout the Mobile Home Park in other than grid patterns so that long sight distances may be avoided.

702.2.1 The objectives of a mobile home park shall be as follows:

1) Develop the site in a manner which preserves the natural inherent livability features of the site;

2 ) Achieve a careful blending between the exterior design a€ the mobile home unit and the landscape design of the site;

3) Avoid the conventional practice of straight-grid-patterned streets with units placed a t monotonous slant angles; and to

4) Permit flexibility in lot layout, lot size and design.

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703 D ESIGN CON SIDE RATIONS

703.1 Site Layout

703.1.1 Mobile homes placed on individual lots are encouraged to be placed off-center on the lots so as to provide a large usable open yard space and outdoor living area in one section af the lot.

703.1.2 Groups or clusters of units, so placed as to create interior spaces and courtyards shall be incorporated whenever feasible.

703.1.3 Mobile homes are encouraged to be arranged in a variety of orientations, and are strongly encouraged to have many units with their long axes east-west, offering south exposure to their longest wall and roof areas, and to provide variety and interest. Site layout shall be designed to ensure that mobile home units are offset to block long uninterrupted vistas between the units.

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703.1.4 When topographic conditions make street orientation for good solar orientation of units difficult or undesirable, lots should be laid out so that units can be oriented to the south to the greatest extent possible.

704 STREET DESIGN AND PARKING STANDARDS

704.1 General

704.1.1 Access to mobile home parks shall be designed to minimize congestion and hazards at the entrance and exit and allow free movement of traffic on adjacent public roads. A t least two (2) points of egress shall be provided. The second point of access when provided for emergency purposes only, may traverse open space, grass, etc. Exception to this standard may be permitted when main entrance to developments are designed with one-way ingress and egress points.

704.1.2 The averall circulation system should be designed to create a functional circulation pattern for safe and convenient access not only for pedestrians but for vehicles as well. The primary concern should be as follows :

1) Create a separation of automobile and pedestrian circulation through a

2) Create efficient and safe connections with the existing road systems of the municipality in order to ensure proper ingress and egress to and from the development ;

hierarcy of entrance, secondary, primary, and walkway systems;

3 ) To minimize auto intrusion into neighborhood unit;

4) Encourage curvilinear road systems with flowing horizontal and vertical alingments, designed for slow moving vehicles.

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704.1.3 In mobile home developments, where units will be sited with the long axis perpendicular to the streets, streets should run in a north- south direction to the greatest possible extent.

704.1.4 In developments where the units will be sited with the long axis parrallel to the street, streets should run in an east-west direction to the greatest possible extent.

704.1.5 The street design should discourage the unnecessary removal of trees or open space, or which will create erosion because of poor location which generates too much runoff.

704.2 Classification of Streets

704.2.1 New residential streets in a mobile home park may be classified as follows:

1) Entrance Road - To provide direct access to a public street and shall be designed to allow free movement of traffic on such adjacent public streets.

2) Secondary Residential Road - This road should be designed to conduct traffic to and from common parking areas and individual lots.

3) Primary Residential Road - The function of this street is to conduct traffic between secondary and collector roads. Residential lots are discouraged from having frontage on these roads. These streets should be prohibited from providing access to other developments.

704.2.2 No parking shall be permitted on the entrance street for a distance of 100 feet f r o m its point of beginning.

704.2.3 Entrances may be focused on community buildings, facilities or natural features rather than on residential living areas.


704.3.1 Multiple intersections involving junction of more than two (2) streets or driveways shall be avoided.

704.3.2 Streets entering opposite sides of any street should be laid out either directly opposite one another o r with a minimum offset of one hundred-fifty (150) feet between their centerlines.

704.3.3 at right angles and no street shall intersect any other street at less than sixty (60) degress.

Streets shall be laid out so as to intersect as nearly as possible

704.4 Rights-of-way and Cartway Widths

704.4.1 ard for the various classifications of the above streets.

The following table is a general guide to the dimensional stand-

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TABLE 7

R.O.W. Cartway Curb or (ft.1 (ft. 1 gutter Sidewalk

Entrance Road 40

Secondary Road (1)

Primary Road 40

28 Curb 0 p tional

2 q2 Rolled 0 p tional Gutter

28 Curb Mandatory

(1) Adequate width to provide utilities, drainage facilities, landscaping, and grading.

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! . (2) Roads serving modules of six (6) units or less may reduce the paved

area to a minimum width of twenty-two (22) feet. ! .

704.4.2 The Planning Commission may recommend the compliance of some or all of the provisions set forth in Section 403 when an analysis of proposed development densities, provisions for off-street parking, and projected traffic volumes indicate a need for such compliance.

704.5 Street Grades

704.5.1 The maximum street grades, wherever feasible, shall not exceed the following:

1) Entrance Road: Six (6) percent. A t any intersection this grade shall not be greater than four (4) percent.

2) Secondary Road: Eight (8) percent. Short lengths with a maximum grade of twelve (12) percent may be permitted, provided traffic safety is assured.

3) Primary Road: Six (6) percent. Short lengths with a maximum grade of ten (10) percent may be permitted, provided traffic safety is assured.

704.6 Cul-de-sacs

704.6.1 The provisions for cul-de-sacs shall be regulated by the standards set forth in Section 404. The Planning Commission may recommend modification of these standards when the physical characteristics indicate a need for such modifications.

704.7 Sidewalks /Walkways

704.7.1 Sidewalks shall be provided in locations where pedestrian traffic is concentrated; for example, to the entrance, and to the office and other

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important facilities. Walkways shall preferably be through interior areas removed from the vicinity of streets.

704.7.2 Width, alignment and gradient of walkways shall be appropriate for safety, convenience and appearnace, and shall be suitable for pedestrian use and for the circulation of small-wheeled vehicles such as whell-chairs, baby carriages and service carts.

704.7.3 Width shall generally be at least four (4) feet for common walks. Individual walks to units may be reduced to three (3) feet.

704.7.4 Sudden changes in alignment and gradient shall be avoided.

704.7.5 Walks shall not be used as drainage ways.

704.8 Driveways

704.8.1 Driveways shall be provided on the individual mobile home lot where necessary for convenient access to the mobile home stand. Where units are clustered and using common parking areas, lots are not required to provide individual driveways.

704.8.2 be a full-width driveway, if it is used as a walk, generally it shall be a minimum of 10 feet.

The driveway designed to serve a single mobile home lot shall Generally, it shall be a minimum of eight (8) feet;

704.8.3 safe and convenient ingress and egress.

The entrance shall have a minimum radii of 5 feet for adequate

704.9 Parking Standards

704.9.1 Off-street parking spaces shall be provided in sufficient number to meet the needs of the occupants of the development and their guests. Each unit shall be provided with a minimum of two (2) off-street parking spaces plus an additional car space for each four (4) lots to provide for guest parking.

704.9.2 Required car parking spaces shall be located for convenient access to the mobile home stands. At least one car space shall be located on each lot and the other space may be located in adjacent parking bays.

704.9.3 Each parking space shall have a minimum area of 180 sq. f t .

704.9.4 Parking areas shall be designed to permit each motor vehicle to proceed to and f r o m the parking space without the moving of any other motor vehicles.

704.9.5 The standards for common parking areas designed for ten (10) o r more cars shall comply with Section 607.1.7. These areas should be effectively screened f rom surrounding homes to produce overall visual protection.

704.9.6 Parking requirements in developments designed for the elderly may be reduced at the Commission's discretion.

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705 STREETS A N D PARKING IN FLOOD PRONE AREAS

Refer to Article I11 Section 2.1 of "Th.e Delaware County Flood Plain Pro- tection Ordinance for Subdivision and Land Development of 1977, " Ordinance #77-5.

706 PUBLIC AND PRIVATE UTILITY SYSTEMS

Refer to Sections 304, 305, 306 and 307.

707

707.1

LANDSCAPING

General

707.1.1 The use of shade trees, i f deciduous and located properly within the development, can reduce energy use during the summer months while letting through solar radiation to glazing during the winter season.

707.1.2 Mobile home lots shall have basic landscape improvements. A reasonable amount of shade and visual relief shall be assured by tree preservation or planting, and lawns shall be established to prevent erosion af the soil.

707.1.3 Planting is required to the extent needed to provide (1) screening of objectionable views (2) adequate shade and (3) a suitable setting for the mobile homes and other facilities.

707.1.4 Each mobile home lot shall have a t least one (1) shade tree 2 t to 3 inches in caliper minimum at time of planting.

707.1.5 Where no existing trees are retained along street right-of-way: trees should be planted at intervals of not less than fifty (SO) feet, depending on species; and preferably in a mixture of types rather than in a pure stand of one type.

708 OPEN SPACE/RECREATION AREA

708.1 General

708.1.1 Adequate open space and recreation areas should be provided to meet the needs of mobile home residents.

708.1.2 Mobile home spaces shall have common open space provided. Some of this open space shall be devoted to active recreation.

708.1.3 The type of recreationlopen space should depend upon the composition of residents the development will accommodate. It can be divided into two broad categories-active and passive.

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708.1.4 The minimum amount of land that should be devoted to recreational facilities is eight (8) percent of the gross site area.

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7 09 REFUSE COLLECTION STATIONS

709.1 Outdoor collection stations shall be provided for garbage and trash removal when individual collection is not made and indoor storage is not provided,

709.2 Collection stations shall be located so as to be separated adequately from habitable buildings to avoid being offensive but at the same time be convenient for both collectors and residents. The stations shall be screened and landscaped.

71 0 ADDITIONAL REQUIREMENTS

710.1 Mobile Home Stand

710.1.1 A mobile home stand shall be defined as the outline of the actual mobile home including the paved portion of any outdoor living area.

710.1.2 The stand shall provide for practical placement on and removal f r o m the lot of the mobile home and retention of the home on the lot in a stable condition and in satisfactory relationship to its surroundings.

710.1.3 The location of each mobile home stand shall be at such elevation, distance, and angle in relation to the access street and the mobile home accessway that placement and removal of the mobile home is practical.

710.1.4 The mobile home stand shall react as a fixed support and shall as such remain intact without unsafe deformation and abnormal internal movement under the weight of the mobile home due to frost action, inadequate drainage, vibration, wind or other forces acting on the structure.

710.1.5 nections.

The mobile home stand shall include provisions for utility con-

710.2 Ground Anchors and Tiedowns

710.2.1 Ground anchors shall be installed at each mobile home stand prior to or when a mobile home is located thereon to permit tiedowns of mobile homes.

710.2.2 Mobile homes may be permanently attached to foundations. Stabilizing devices, piers, blocking, underpinning or other types of support may be used.

710.2.3 Supports shall be provided not more than twelve (12) feet on centers o r less beginning from the front of the mobile home stand. Open-end spacing at the rear line of the mobile home stand shall not exceed three (3) feet.

710.2.4 Tiedown hardware shall be resistant to weathering deterioration at least equivalent to that provided by a coating of zinc on steel strapping of not less than 0.30 ounces per square foot of surface coated.

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710.2.5 Tiedowns when installed shdl be capable of resisting an allowable working load equal to or exceeding 3,150 pounq and shall be capable of withstanding a 50 percent overload without failure.

710.2.6 Unless the entire tiedown system, including ground anchors, and the connections to the mobile home is designed by a Registered Profes- sional Engineer or Architect, tiedowns shall be placed as follows:

(a) Not more than 2 4 feet on centers beginning from the front line of the mobile home stand (congruent w i t h the front wall of the mobile home). Not more than six (6) feet open-end spacing shall be provided at the rear line of the mobile home stand unless additional ground anchors are installed.

(b) Diagonal ties between anchors and the mobile home shall be provided in conjunction with each vertical tiedown.

710.2.7 The above requirements in Sections 709.2.5 and 709.2.6 may be modified where appropriate. However, they m u s t comply with the minimum standards of local, state or federal regulations.

710.3 Skirting

710.3.1 The frame, axles, wheels, crawl space storage and utility connections of all mobile homes shall be concealed from view by skiring.

710.3. 2 Skirting shall be of durable all-weather construction as manu- factured specially for the purpose of covering the undercarriage area. Skirting shall be fastened in accordance with manufactures instructions and provide for adequate ventilation as necessary.

VALIDITY OF EXISTING ORDINANCE

That all other Articles, Sections, and Subsections or other provisions of Ordinance #78-5 known as "The Delaware County Subdivison and Land Development Ordinance of 1978, 'I except as specifically amended by this ordinance, shall remain in full force and shall remain valid except as may be further modi f ied , amended or rescinded by the County Council of the County of Delaware, Pennsylvania.

"Mobile Home Installations, NFPA 501 A n , National Fire Protection Assoc- iation (NFPA) .

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APPROVAL

Approved this the 11th day of December A.D. 1979 -

Cpr;rikman, County Council

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Vice Chairman, County Council

8- --J'. Member, County Council

I hereby attest that the foregoing is a true and correct copy of Ordinance No. 79-7 of the County of Delaware amending "The Delaware County Sub- division and Land Development Ordinance of 1978," Ordinance No. 78-5.

Seal December 11, 1979 Date

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SECTION 800 GENERAL DESIGN STANDARDS FOR

NO N -RES1 DE N TIA L DE VEL0 P MEN T

COUNTY OF DELAWARE

ORDINANCE NO. 81-4 -

TITLE

AN ORDINANCE OF THE COUNTY OF DELAWARE, PENNSYLVANIA,

DELAWARE COUNTY SUBDIVISION AND LAND DEVELOPMENT ORDINANCE OF 1978" BY THE ADDITION OF SECTION 800, "DESIGN STANDARDS FOR NON-RESIDENTIAL DEVELOPMENT" A N D SECTION 900, "DEFINITION OF TERMS. "

AMENDING ORDINANCE N O . 78-5 AS AMENDED, KNOWN AS "THE

EFFECTIVE DATE I I : THIS ORDINANCE SHALL BECOME EFFECTIVE ON MAY 15, 1981, A N D SHALL REMAIN I N EFFECT UNTIL MODIFIED, AMENDED, OR RESCINDED BY THE COUNTY COUNCIL OF THE COUNTY OF DELAWARE, PENNSYLVANIA .

800 GENERAL DESIGN STANDARDS FOR NON-RESIDENTIAL DEVELOPMENT I '

801 APPLICABILITY

The following are subject to the regulations of this section:

1) Any division of land for the development of a group of two or more separate buildings, buildings structurally joined together or separate areas for any purpose involving (a) shopping malls, or (b) local corn- meraal establishments, or (c) offices, or (d) industrial use, or (e) institutional use.

2) A subdivision of land.

a02 SITE DESIGN

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1 : I : 802.1 General

I : 1) Within the requirements of the local zoning ordinance affected, the size, shape, and orientation of tract/lots shall be appropriate for the type of use contemplated with area adequate for off-street parking.

2 ) The design shall be such that there w i l l be no foreseeable difficulties, for reasons of soils, topography, location or other conditions in locating structures, parking areas and access ways.

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802.1.1 The averall development plan shall be laid out as, or as part of, a single architectural and landscaping scheme. The objectives of the development shall be as follows :

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Designed so as to constitute a desirable and harmonious addition to the general environment of the area:

An efficient layout of motor vehicle ways to provide for the safety and convenience in routine access and internal circulation activities;

Development and parking areas designed in such a manner that they are visibly secluded f r o m eye level f r o m surrounding residential areas.

Design so that utility extensions, street construction, and site improvements can be carried out in progressive stages or installments.

BLOCK A N D LOTS

803.1 Block Layout

803.1.1 In general, blocks in non-residential developments should vary from the elements of design in residential regulations.

803.1.2 The block layout shall conform to the best possible layout to permit good traffic circulation, to allow for the parking of cars, to m a k e delivery and pickup efficient, and to reinforce the best design of the buildings in the area.

803.1.3 Typically the various non-residential uses will dictate the length and depth of each block. However, where practicable, blocks should be no less than one thousand (1,000) feet long.

803.1.4 In blocks with lengths greater than one thousand (1,000) feet, the Planning Commission may recommend an easement through the block to segregate truck traffic f r o m automobile traffic.

803.2 Lot Layout

803.2.1 The lot sizes in non-residential development shall comply w i t h the municipal zoning requirements.

803.2.2 Remnants of land after subdivision shall be incorporated into adjacent parcels or offered for dedication for public purposes.

804 BUILDING LOCATIONS

804.1 General

804.1.1 In order to encourage an attractive building arrangement , variations in the set-back alignment of buildings erected on the same frontage o r attached to other buildings is encouraged.

804.1.2 In cases where there are more than one building on a lot, the distance at the closest point between any two buildings o r group of buildings should be a t least as great as the average height of adjoining buildings, except as otherwise specifically provided in the local zoning ordinance.

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804.1.3 Buildings should be so located as not to impede extension of utilities and access ways to adjoining areas zoned for similar non-residential uses or areas designated for similar uses in municipal comprehensive plans.

804.1.4 Buildings should be sited so entrances of buildings avoid loading areas of other buildings.

805 STREET DESIGN

805.1 General

805.1.1 The street system of a proposed non-residential subdivision or land development should be designed to create a functional street pattern to prevent the congestion of existing streets and to assure the free flow of through traffic without interference f r o m parked o r parking cars, and to provide adequate and safe parking spaces.

805.1.2 Proposed streets in non-residential developments may be a hierarchy of roads or a single point of access. The hierarchial classification system may consist of but be not limited to the following types:

1) Entrance Road - To provide direct access into regional shopping facilities, employment centers, local commercial establishments , and industrial uses.

2 ) Service Road - This road should be designed/located to separate service vehicles from private vehicles and to conduct traffic to and from common parking areas.

3) Secondary Road The function of this road is to provide access to individual lots in industrial and office parks.

805.1.3 This street system should be designed and classified to handle the anticipated traffic for the various type of uses. When roads other than mentioned above are required to handle the anticipated traffic, the requirements in Section 403 shall be adhered to.

805.1.4 Streets carrying non-residential traffic shall not be extended to the boundaries of an adjacent existing or potential residential areas, nor connected to street intended for predominantly residential traffic.

805.1.5 The arrangement of streets shall provide for continuation of existing o r proposed streets and proper access to adjoining undeveloped tracts suitable for future non-residential development.

805.1.6 Proposed development which anticipate an Average Daily Traffic (ADT) of over 600 vehicles should provide a minimum of two (2) points of access. When a trip generation analysis is required, it should determine the ADT.

805.1 .? The distance between points of access should not be less than 200 feet.

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805.1.8 Parcels with less than 200 feet frontage should incorporate the access points of adjacent properties, so that the minimum distance of 200 feet between access points is maintained.

805.2 Right-of-way and Cartway Widths

805.2.1 Street right-of-way and cartways in proposed non-residential subdivisions and land developments shall conform to the standards set forth in Table 8.

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805.2.2 The Planning Commission may recommend a modification of the standards set forth inTable 8 when an analysis of proposed uses and pro jected traffic volumes indicate a need for such modification. The burden of proof shall be upon the developer to justify the adequacy of proposed right- of-way or cartway widths which are less than those set dorth.

805.2.3 Proposed Non-Residential development to be located on existing streets shall be required to increase the cartway along the frontage of subject property to conform with the standards of Table 8 or the standards in Section 403, whichever is applicable.

TABLE 8

Classification Type of of Streets R.O.W. Cartway (ft .) C urb /Gutter

Entrance (1) 32(2) (3) Curb

Service (1) 36(2) Curb

Secondary (1) 32(2) Curb

Right-of-way widths for non-residential streets should be based on the actual need to accommodate utilities, drainage facilities, landscaping, street furniture and grading. However, no right-of-way when provided shall be less than ten (10) feet on either side of the cartway.

Greater width may be required, based on traffic design requirements on the type and volume of the anticipated traffic.

No parking spaces shall be provided on the Entrance Road.

(2)

( 3 )

805.3 Horizontal Curves

805.3.1 Whenever street centerlines are deflected more than five (5) degrees, connection shall be made by horizontal curves.

805.3.2 Horizontal curves shall be designed with a minimum radii of three hundred (300) feet for collector roads. For service and secondary roads the minimum radii shall not be less than one hundred fifty (150) feet.

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805.3.3 A minimum tangent of one hundred (100) feet shall be required between reverse curves on all streets and between a curve and a street intersection where one of the intersecting streets is a collector or an arterial street . 805.4 Vertical Curves

805.4.1 Vertical curves shall be used in changes of grades exceeding two (2) percent.

805.4.2 Vertical curves shall be in accordance with the Pennsylvania Department of Transportation's standards for highway design and shall be designed to produce a minimum sight distance of three hundred (300) feet.

805.4.3 A combination of minimum radii, horizontal curves, and maximum grades will not be approved.


805.5.1 Streets shall be laid out to intersect as nearly as possible at right angles.

805.5.2 Lanes should be provided to allow deceleration into developments.

805.5.3 Multiple intersections involving the junction of more than two streets shall be avoided.

805.5.4 Minor collector and major collector streets shall not intersect on the same side of a arterial at an interval of less than one thousand (1,000) feet.

805.5.5 Streets entering opposite sides of another street shall be laid out either directly opposite one another o r with a minimum off-set of four hundred (400) feet between their centerlines.

805.5.6 Minimum curb radii at entrance street intersections shall be a minimum of fifty (50) feet. A minimum curb radii of 35 feet shall be provided for service and secondary roads

805.5.7 When desirable, lanes should be provided for left-hand turns.

805.5.8 Clear sight triangles shall be provided at all intersections. Within such triangles, no object greater than two and one-half ( 2 i ) feet m height and no other object that would obscure the vision of the motorist shall be permitted. Such triangles shall be established from a minimum distance of one hundred (100) feet from the point of intersection of the centerlines a€ two streets. Greater or lesser distances may be recommended by the Planning Commission if warranted by specific circumstances.

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805.6 Street Grades

805.6.1 The maximum street grade for Entrance Roads shall not exceed two (2) percent for a distance of 50 feet from the intersection with a through street.

805.6.2 Where the grade of any service or secondary road at the approach to an intersection exceeds seven percent (7%), a leveling area shall be provided having not greater than four percent (4%) grades for a distance of 50 feet minimum.

805.6.3 (2) percent.

805.6.4 The maximum street grades for all streets shall not exceed eight (8) percent.

There shall be a minimum centerline grade on all streets of two

805.6.5 When it is impractical to satisfy the above grade requirements, the Commission may permit grades up to ten (10) percent.

806 WALK WAYS

806.1 A walkway system no less than five ( 5 ) feet wide should be provided for access linking buildings to each other, to parking areas and to transit stops.

806.2 Where walkways are interrupted by steps, a reasonable ramp access should be provided with a slope no greater than eight (8) percent.

806.3 If ramps are provided a level platform at least three (3) feet deep and five (5) feet wide is required, if a door does not swing onto the platform or toward the ramp. If a door swings onto the platform or towards the ramp a level platform shall be at least five (5) feet by five (5) feet.

807 PARKING AREA

807.1 Motor vehicle off-street parking facilities shall be provided in accordance with the requirements of the local zoning ordinance.

807.2 A l l parking spaces shall be marked so as to provide for orderly and safe parking.

807.3 A t least five (5) percent of the parking spaces, within parking areas containing 26 to 50 spaces, should be set aside and identified for use by individuals with physical disabilities. For every 100 spaces thereafter, the number of spaces maybe reduced by one (1) percent.

807.4 Parking spaces, for individuals with physical disabilities, should be open on one (1) side to allow room for individuals in wheelchairs or individuals on braces and crutches to get in and out of an automobile.

807.5 Special sections may be marked off for compact cars so as to better utilize the entire area. Areas designated for compact cars should not be more than twenty-five (25) percent of the required parking.

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807.6 In no case shall parking areas for three (3) or more vehicles be designed to require or encourage cars to back into a street in order to leave a parking lot.

807.7 Parking areas with fifty (50) or more spaces located adjacent to existing residential areas o r proposed should be effectively screened to produce overall visual protection. Grading the parking area, raised berms, landscaping, or fencing are satisfactory methods to create such visual protection.

807.8 No more than twenty (20) parking spaces shall be permitted to a continuous row without being interrupted by landscaping in parking areas containing one hundred (100) or more spaces.

807.9 A l l dead-end parking areas s h d be designed to provide sufficient back-up areas Sor the end stalls of the parking area.

807.10 Entrances and exits to and f r o m off-street parking areas shall be located so as to avoid interference with street traffic.

807.11 Entrances and exit drives crossing the street line shall be spaced at least one hundred (100) feet apart. It is encouraged that property owners integrate their circulation with adjacent property owners to provide single egress and ingress points to serve adjacent lots with a one-way direc- tional traffic pattern. Paved areas with easements should be extended to property lines for future extension when desirable.

807.12 On all corner properties driveways shall be located a minimum of sixty (60) feet &om the centerline of intersecting streets.

807.13 The width of egress and ingress drives into parking areas shall be :

(1)

( 2 ) a minimum of thirty (30) feet for two-way use.

a minimum of eighteen (18) feet for one-way use only:

807.14 Pedestrian crosswalks in parking areas shall not be subject to passage or concentration of surface run-off.

807.15 When local zoning requirements do not specify minimum dimensions for stalls and aisles or area, the design standards listed in Table 9 (below) shall be required for all off-street parking facilities.

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TABLE 9

Position

90 O

60° 4 5 O 30°

Parallel

NOTE:

807.16

Stall Stall Maneuvering Aisle Width Depth 0 ne- Way Two-way

10 10 10 1 0

8

20 20 20 18 23

20 18 16 14 12

24 20 18 18 18

(1) Stall width and stall depth for compact cars may be 8 feet and 16 feet respectively for angle parking. Spaces for parallel parking may be reduced to 7 feet for stall width and 17 feet for stall depth.

( 2 ) Parking spaces for individuals with physical disabilities when placed between two conventional diagonal or head-on parking spaces should be twelve (12) feet wide.

Tire bumpers shall be installed so as to prevent overhang on any sidewalk area.

808 LOADING A N D UNLOADING AREAS

808.1 Each space for loading and unloading of vehicles shall be no less than fourteen (14) feet wide and fifty- (50) feet long, exclusive a€ drives and maneuvering space, and located entirely on the lot being served.

808.2 There shall be appropriate means of access, preferrably via a service road and adequate maneuvering space.

808.3 Off-street loading facilities shall be designed to permit any truck to maneuver f r o m a driveway into and out of such space without en- croaching ;pori any portion of the existing o r proposed right-of-way including the walkway area.

809 SCREENING AREAS.

809.1 A planted visual barrier or buffer planting strip is required between proposed non-residential developments and existing residential developments.

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809.1.1 The required screen shall be permanently maintained and shall constitute a planting of dense evergreens or a compact evergreen hedge, or , an apprapriate wall, fence, suitable planting o r combination thereof.

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810 TRANSIT FACILITIES

810.1 General

810.1.1 Developments should be designed to facilitate maximum use of existing or proposed transportation systems.

810.1.2 If possible areas with the largest concentration of buildings should be located closest to existing bus stops or transit terminals.

810.1.3 If a development is not serviced by Public Transportation, the trip generators (in Table 10) above the threshold size may be considered as candidates for public transportation services.

810.1.4 Developments exceeding the threshold size in Table 1 0 should include in the overall design an area five feet by nine feet wi th in the street right-of-way for future transit shelters.

TABLE 10

STANDARDS FOR SERVICE T O MAJOR TRIP ATTRACTORS

Category Threshold Size

Employment Clusters Shopping Centers / D i s t r i c t s Hospitals /Nursing Secondary Schools Colleges Community Facilities

&yes

500 Employees Per Peak Shift 300,000 square feet 100 B e d s 2 j500 Students 1,200 Students 500 UserslDay

In addition to services provided on franchise basis. ( A )

SOURCE: Delaware County Transportation Study, October 1977.

81 1 EROSION AND SEDIMENTATION CONTROL

811.1 General Requirements

811.1.1 Approval for a development tract of twenty-five (25) or more acres will be contingent upon the Pennsylvania Department of lBnvironrnental Resources reviewing the conservation plan and issuing a permit.

811.1.2 For developments less than twenty-five (25) acres, the Planning Commission may request a review of the Conservation Plan by the Delaware County Conservation District to determine its adequacy.

lo See footnote 4.

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811.1.3 All drainage provisions shall be of such design as to carry surface waters to the nearest storm drain, retention basin, natural water course, or other drainage facility.

811.1.4 Developer shall construct and/ or ins tall such drainage structures and/or pipes as are necessary to prevent erosion damage and to satisfactory carry off, or retain and release surface waters.

811.1.5 The municipal engineer shall determine if the capacity and location of retention basis or other drainage structures are adequate to handle anticipated run-off, and w i l l prevent the flooding of properties downstream.

811.1.6 The capacity and location of retention basis shall be reviewed and approved by the municipal engineer.

81 2 SANITARY SEWAGE DISPOSAL

Refer to Section 304

813 WATER SUPPLY

Refer to Section 305

814 UNDERGROUND UTILITIES

814.1 General

814.1.1 The developer shall acquire approval from the various utilities and petroleum line companies when constructing roads, driveways, parking areas on or within twenty (20) feet of easements.

814.2 All electric and telephone service lines should be placed underground and installed in accordance with the prevailing standards and practice of the utility company providing such service.

814.3 right-of-way.

Where practicable, all utilities shall be located within the street Joint easements are encouraged for all utilities.

815 REFUSE COLLECTION

815.1 Outdoor collection stations shall be provided for garbage and trash removal.

815.2 Collection stations shall be adequately located and screened to avoid being offensive.

816 CONFORMANCE WITH OTHER SECTIONS

816.1 All nonresidential developments shall be in conformance w i t h all other applicable sections of the Delaware County Subdivision and Land De- velopment Ordinance.

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SECTION 900 DEFINITION OF TERMS

900 DEFINITION CF TERMS

901 INCLUSIONS

Unless otherwise expressly stated, the following terms shall, for the purpose of these regulations, have the meanings indicated:

Words in the singular include the plural and those in the plural include the singular;

Words in the present tense include the future tense;

The words "person, "developer, "subdivider, and "owner" include a corporation, unincorporated association, partnership, or other legal entity as well as an individual;

The word "structure" includes "building" and shall be construed to be followed by the phrase "or part thereof;"

The words "should" and "may" are pemissive; the words "shall" and "willn are mandatory and directive.

SPECIFIC DEFINITIGNS

AGRICULTURE

An activity which includes the cultivation of the soil for food products or other useful o r valuable growths of the field o r garden, nursery stock, non-commercial greenhouses, and commercial raising of livestock. It also includes retail sale of farm, garden, or nursery products pro- duced on the premises.

ALLEY

A paved lane which provides secondary service access for vehicles to the side or rear of abutting properties.

APPLICANT

A landowner or developer, as hereinafter defined, who has filed an application for development including their heirs, successors, and assigns.

ARCHITECT

A person liscensed to practice architecture in the Commonwealth of Pennsylvania.

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ARTERIAL STREET

See "STREET"

BE NC HM ARK

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A mark on a fixed and enduring object (as a concrete post set into the ground) indicating a particular elevation and used as a reference in topographical surveys

BERM

A raised earth mound of sufficient height, which constitutes an effective screen and gives maximum protection and immediate visual screening. The maximum slope on any b e r m shall not exceed thirty (30) percent in grade .

BLOCK

Property(ies) bounded on one side by a street, and on the other three sides, by a street, railroad right-of-way, waterway, unsubdivided area or other definite boundary.

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BUILDING, COVERAGE

The proportion of the lot area, expressed as a percent that is covered by the maximum horizontal cross section of a building or buildings.

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BUILDING, PRINCIPAL

A roofed structure enclosed within exterior or fire walls erected of component structural parts and designed for the housing, shelter, enclosure, and support of individuals, animals, or property of any kind: main structure on a given lot.

BUILDING SETBACK LINE

The line within a property defining the minimum required distance between the front of any building to be erected and the adjacent street line.

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CALIPER , -

An instrument utilized for obtaining out side measurements of trees. For measuring street trees and trees for buffering and landscaping purposes, caliper measurement shall be taken at a point on the trunk six ( 6 ) inches above natural ground line for trees up to four ( 4 ) inches in caliper and at a point twelve ( 1 2 ) inches above the natural ground for trees over four ( 4 ) inches in caliper.

CAR PORT

A structure for a vehicle or vehicles which may be free standing o r partially supported by a building.

C A RTW A Y (RO A D WA Y )

The paved portion of a street right-of-way, intended for vehicular use.

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CLEAR SIGHT TRIANGLE

An area of unobstructed vision at a street intersection defined by lines of sight between points at a given distance from the intersection of the street cent erlines.

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C OM MISS10 N

Delaware County Planning Commission

COMMON OPEN SPACE

A parcel or parcels of land or an area of water, or a combination of land and water, within a planned residential development, designed and intended for the use and enjoyment of all the residents of the paid development exclusive of street parking areas, or areas set aside for public facilities.

COMPREHENSIVE PLAN

The maps, charts, and textual matter adopted by the governing body of a Municipality in accordance with the Pennsylvania Municipalities Planning Code and designated as a whole and in its several parts, as a Comprehensive Plan for the continuing development of the Municipality.

CROSSWALK

A publicly o r privately owned right-of-way for pedestrian use, which crosses paved areas used for motor vehicle use.

CUL-DE-SAC

A street intersecting another street at one end and terminating at the other in a vehicular turn-around. The turning area may be of the L , T , Y , or circular shape.

CULVERT

A structure designed to convey a water course under a road or pedestrian walk not incorporated in a closed drainage system, not requiring deck girders.

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CUT

(a) An excavation i

(b) The difference between a point on the original ground and a designated point of lower elevation on the final grade.

DEVELOPER

Any landowner, agent of a landowner, o r tenant with the permission of a landowner who makes or causes to be made a subdivision of land o r a land development.

DE VEL0 P ME N T PLAN

Proposal for land development or planned residential developments including a subdivision plat, locations and intensity of various uses, locations and bulk of their related structures, all covenants, grants of easement, and other conditions relating to use or density of development.

EASEMENT

The right, liberty, advantage or privilege which one individual has in lands of another (a right-of-way).

ENGINEER

A licensed professional civil engineer’ registered by the Commonwealth of Pennsylvania.

EROSION

The removal of surface materials by the action of natural elements.

EXCAVATION

Any act by which earth, sand, gravel, rock, o r any other single material is dug into, cut, quarried, uncovered, removed, displaced, re- located, bulldozed, and shall include the conditions resulting therefrom.

FILL

(a) Any act by which earth, sand, gravel, rock o r any other material is placed, pushed, dumped, pulled, transported o r moved into a new location above the natural surface of the ground or on top of the stripped surface and shall include the conditions resulting therefrom.

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(b) The difference in elevation between a point on the original ground and a designated point of higher elevation on the final grade.

(c) The material used to make a fill.

FLOOD PLAIN

Any land area susceptible to being inundated by water from any flood, or any area designated by an official municipal ordinance.

IMPER VICUS SURFACE

Impervious surfaces are those surfaces which do not absorb rain (water). All buildings, parking areas, driveways, roads, sidewalks, and any areas in concrete, asphalt, and packed stone shall be considered impervious surfaces within this definition.

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L A N D DEVELOPMENT

L A N

(a) The improvement of one or more contiguous lots, tracts or parcels of land for any purpose involving (1) one or more buildngs for industrial or commercial use, or two or more buildings for residential use, or (2) the division or allocation of land between or among two or more existing or prospective occupants by means of, or for the purpose of streets, common areas, leaseholds, building groups or other features.

(b) A division of land into lots for the purpose of conveying such lots singly or in groups to any person, partnership, ot corporation for the purpose of the erection of building by such partnership or corporation.

DSC APE ARCHITECT

A professional landscape architect registered by the Commonwealth of Pennsylvania.

LANDSCAPE SCREEN

Any combination of hedges, walls, trees, or earth berms arranged SO

as to create a continuous visual barrier.

LOCAL SEWERAGE ENFORCEMENT OFFICER

The offiaal of the local agency who issues and reviews permit applications and conducts such investigations and inspections as are necessary to implement the rules and regulations of Act 537, Pennsylvania Sewage Facilities Act.

LOT

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Any parcel of land not necessarily coincident with lot or lots shown on a map of record, which i s occupied o r which is to be occupied by a building and i t s accessory buildings, if any, or by a group of buildings accessory thereto, if any, together with the required open spaces appurtenant to such building or group of buildings.

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LOT REVERSE FRONTAGE

A lot extending between and having frontage on two generally parallel streets with vehicular access from only one street.

MONUMENT

A stone or concrete monument with a flat top of at least 4" square, containing a copper o r brass dowel scored with an I'X" to mark the reference point, and at least 30" in length. It is recommended that the bottom sides be at least 2" greater than the top, t o minimize movements caused by frost.

NON-RESIDENTIAL SUB DIVISION

A subdivision whose intended use is other than residential, such as commercial, industrial, etc. Such subdivision shall comply with the applicable provisions of this ordinance.

NOTABLE TREES

Native trees of more than twelve ( 1 2 ) inches in diameter.

OPEN SPACE (COMMON OR PUBLIC)

A parcel or parcels of land, an area of water, or a combination of land and water within a developed site or planned unit or planned residential development (common open space), or the general public (public open space) not including streets, off-street parking area ,' private yard space and areas set aside for non-residential and public facilities. Common or public open space shall be substantially free of structures but may contain such improvements as are appropraite for recreational use b y the residents.

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OPEN SPACE, USABLE

An unenclosed portion of the ground of a lot or tract of land which is not devoted to driveways o r parking spaces and is free of buildings of any kind. It shall be available and accessible to all occupants of the building o r buildings on said lot or tract of land for the purposes of active or passive outdoor recreation a,

PLAN, FINAL

A complete and exact plan, with registered architect's, engineers or surveyor's seal affixed and prepared for final review as required by this ordinance to define property rights, streets and other proposed improvements .

PLAN, LEGIBLY DRAWN

A plan reproduced by a white printer or any other machine which does not distort scale, at a size not less than 18 inches x 30 inches.

PLAN, PRELIMINARY

A tentative plan, in lesser detail than a Final Plan, showing proposed streets and lot layout and such other information as required by this ordinance.

PLAN, RECORD

The copy of the Final Plan which contains the original endorsement of the local government and evidence of review b y the County and Munici- pal Planning Commissions and is intended to be recorded with the County Recorder of Deeds. The Record Plan contains only that part of the information presented on Final Plans which is required by the County Recorder of Deeds for the purposes of recording. Such plans shall be of mylar or linen and shall not exceed a size of 24" x 34".

PLAN, SKETCH

An informal plan, indicating salient existing features of a tract and i t s surroundings and the general layout of the proposed subdivision or land development to be used a s a basis for consideration by the municipality.

PLAN NED RESIDE N TIA L DE VEL OP ME N T

An area of land, controlled by a landowner, to be developed a s a single entity for a number of dwelling units, the development plan for which may not correspond in lot size, bulk o r type of dwelling, density, lot

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coverage and required open space to the regulations established in any one residential district created from time-to-time, under the provisions of a municipal zoning ordinance.

RESERVE STRIP

A narrow piece of land set aside to separate one parcel of land from mot her.

RIGHT-OF-WAY

A strip of land occupied or intended to be occupied by a street, crosswalk, railroad, road, electric transmission line, oil or gas pipeline, water main, sanitary o r storm sewer main, shade trees, or for any other special use. Rights-of-way or any other use involving maintenance by a public agency shall be dedicated to public use by the maker of the plat on which such right-of-way is established.

RUN- OFF

The surface water or 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.

SANITARY SEWERAGE SYSTEM, PUBLIC

A sanitary sewage collection system in which sewage is carried from individual dischargers through a system of pipes to a central treatment plant, generally serving a major portion of a municipality o r municipalities and operated b y a governmental agency or authority or public utility company.

SANITARY SEWERAGE SYSTEM, COMMUNITY

A sanitary sewage collection system in which sewage is carried from individual dischargers by a system of pipes to a central treatment plant, commonly called a "package treatment plant ," generally serving a single land development, subdivision, or neighborhood and operated by a governmental agency or authority, public utility company, or developer.

SANITARY SEWAGE DISPOSAL OR TREATMENT, ON-LOT

Any structure o r system designed to treat sanitary sewage within the boundaries of an individual lot.

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SEDIMENTATION

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.r - The process by which mineral or organic matter is accumulated or de- posited by wind, water, or gravity, ( the matter deposite o r suspended in water is usually referred to as "sediment").

SEPTIC T A N K

A watertight and airtight receptacle which receives sewage or industrial wastes and is designed and constructed to provide for sludge storage and decomposition and to separate solids f r o m liquids through a period of detention before allowing the liquid effluent to be discharged.

SIGHT DISTANCE

The required length of roadway visible to the driver of a motor vehicle at any given point on the roadway when the view is unobstructed by traffic. Sight distance measurements shall be made between points 4.5 feet and 0.5 feet above the centerline of the road surface.

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SLOPE

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

SOIL STABILIZATION

Chemical or structural treatment of a mass of soil to increase or maintain its stability or otherwise improve i ts engineering properties.

SOLID WASTE

Garbage, refuse, or other discarded materials including, but not limited to, non-liquid waste materials resulting from industrial, commercial, agricultural, and residential activities.

STATEMENT OF INTENT

A brief description of the proposed land development, explaining in very general and concise terms everything that, according to the applicant's view, may be of importance for a site plan review. The purpose of this statement is to facilitate the review task by providing the reviewer with a departure point, a context which may enable h im to place the factual information otherwise stated on plans in a proper perspective.

STREET

A public or private way used or intended to be used for passage or travel by vehicles and pedestrians to provide access to abutting properties . The word "street" includes street, avenue, boulevard, road, highway, freeway, parking, and other ways used or intended to be used by vehicular traffic, where public or private.

Streets are further classified according to the functions they perform as defined in the local or County plans o r as classified by the municipal engineer :

1) Arterial Street - A street connecting to major traffic generators and serving a large volume of comparatively high speed and long distance traffic, including all facilities classified a s m a i n and secondary highways b y the Pennsylvania Department of Transportation;

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2 ) Collector Street - A street which, in addition to providing access to abutting properties, intercepts local streets to provide a route giving access to other collector and arterial streets (streets in industrial and commercial subdivisions shall generally be considered collector streets) and community facilities:

3) Local Street A street used primarily to provide access to abutting properties;

4) Cul-de-sac Street A local street intersecting another street at one end and terminating in a vehicular turnaround at the other;

5 ) Half (partial) Street - A street, generally parallel and adjacent to a property line, having a lesser right-of-way width than normally required for improvement and use of the street;

6 ) Mapped Street A street included on the official map;

7) Marginal Access Street - A local street parallel and adjacent to a major street (but physically separated f r o m it) which provides both access to abutting properties and control of intersections with the major street.

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STREET LINE

I * The dividing line between the street and the lot. The street line shall be the same as the right-of-way line provided that where a future right- of-way width for a.road or street has been established, then that width shall determine the location of the street line.

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STRUCTURE

Any man-made object having an ascertainable stationary location on or in land or water, whether or not affixed to the land. The term "structure" shall include the term "building" as well as the following:

1) signs;

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3 ) walls, including retaining walls projecting more than three ( 3 ) feet

fences over four ( 4 ) feet in height;

above the ground;

radio and teIevision receiving and transmitting towers and antennae except for those antennae installed on the roof of a building and extending no more than twenty (20) feet above the highest level of the roof of the building; and

4 )

5 ) porches, outdoor bins, and other similar structures.

SUBDIVISION, CLUSTER

A land development/subdivision concept whereby the buildings on a site, attached or detached, grouped closely together and set-off from similar groups by an intervening space held in common ownership o r by the public

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SUBDIVISION, CONVENTIONAL

A subdivision of land whereby the lots are laid out side-by-side, with rear property lines adjoining and access onto curvilinear or rectilinear street.

SUBDIVISION, MAJOR

The division or redivision of a lot, tract , or parcel of land b y any means into eleven (11) or more lots, tracts, parcels, or other divisions of land, including changes in existing lot lines for the purposes, whether immediate or future, of lease, transfer of ownership, or building or lot development. The division of land for agricultural purposes into parcels of more than ten (10) acres not involving any new street shall not be considered a major subdivision.

SUBDIVISION, MINOR

The division of land, as described hereinbefore, related to from two (2 ) to ten (10) lots, tracts, or parcels not involving any new street. The division of land for agricultural purposes into parcels of more than ten (10) acres shall not be considered a minor subdivision.

SURVEYOR

A licensed surveyor registered by the Commonwealth of Pennsylvania.

SWALE

An elongated depression of land which gathers and carries surface water runoff .

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TILE ABSORPTION FIELD

A system of open, jointed, or perforated pipes laid in t.he upper strata of the soil to distribute sewage effluent into the soil for absorption.

TOPSOIL

Soil material containing organic, matter, which is normally characterized as the IrA horizon" in a soil profile.

WATERCOURSE

A perennial o r intermittent stream, river, brook, creek, channel, o r ditch carrying water, whether natural o r man-made.

WATER SUPPLY SYSTEM, PUBLIC

A system for supplying water from a common source to dwellings and other buildings, generally serving a major portion of a municipality or municipalities and operated by a governmental agency or authority o r public utility company.

WATER SUPPLY SYSTEM, COMI'dUNITY

A system for supplying water from a common source to two (2 ) or more dwellings and/or other buildings, generally serving a single land development, subdivision, o r neighborhood and operated by a private utility or developer.

WATER SUPPLY SYSTEM, ON-LOT

A system for supplying water to a single dwelling or other building from a source located on the same lot.

VALIDITY OF EXISTING ORDINANCE

That all other Articles, Sections, and Subsections or other provisions of Ordinance #78-5 known as "The Delaware County Subdivision and Land Development Ordinance of 1978, as amended, except as specifically amended by this ordinance, shall remain in full force and shall remain valid except as may be further modified, amended or rescinded by the County Council of the County of Delaware, Pennsylvania.

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APPROVAL

Approved this the 5 day of May A .D. 1981

ChaWman, $ & L a d 2 7 County Council

Vice-chairman, County Council

Member, County Council v

" W Member, Count C uncil

I hereby attest that the foregoing is a true and correct copy of Ordi - nance No. - 81-4 of the County of Delaware amending "The Delaware County Subdivision and Land Development Ordinance of 1978, Ordinance No. 78-5, as amended.

-- Seal

May - 5, 1981 - r> ate

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DELAWARE COUNTY FLOODPLAIN PROTECTION

ORDINANCE 1977

AS AMENDED IN 1978

ARTICLE I - GENERAL PROVISIONS

Section 1. TITLE

This ordinance may be cited as the "Delaware County Flood Plain Pro- tection Ordinance" . Section 2. A U T HOFUTY

The Delaware County Council by authority of the Act of July 31, 1968 (P.L. 805, No. 2471, as amended, known as the Pennsylvania Municipalities Planning Code, hereby adopts Ordinance #77-5 known as "The Delaware County Flood PIain Protection Ordinance for Subdivision and Land Develop- m e n t s of 1977".

Section 3 . EFFECTIVE DATE

This ordinance shall become effective on the 20th day of November 1977, and shall remain in effect until modified, amended, or rescinded by Council. -

Section 4. PURPOSE

The specific purpose of this ordinance is:

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to regulate the subdivision and/or development of land within any designated flood plain district in order to promote the general health, welfare, and safety of the residents of the county;

to require that each subdivision lot in floodprone areas be provided with a safe building site with adequate access; and that public facilities which serve such uses be designed and installed to preclude flooding at the time of initial construction;

to protect individuals from buying lands which are unsuitable for use because of flood by prohibiting the improper subdivision and/or development of unprotected lands within the designated flood plain districts ;

to comply with Section 1910.3 of the National Flood Insurance Pro- gram Regulations of the Federal Insurance Administration.

Section 5 . JURISDICTION

This Flood Plain Protection Ordinance shall apply to all subdivisions and land developments being undertaken in those cities, boroughs, or townships of the first or second class, wholly o r partly within the County of Delaware which are eligible for Federal Flood Insurance and which have no subdivision andlor land development ordinance in effect on the effective date of this ordinance. In addition this ordinance shall also apply to all subdivisions and land developments being undertaken in those d ties, boroughs, o r townships of the first or second class wholly o r partly within the County of Delaware

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which are eligible for Federal Flood Insurance which have subdivision/ and o r land development ordinances in effect on the effective date of this ordinance but that said ordinance does not contain provisions for Flood Plain Protec- tion as required by Section 1910.3 of the National Flood Insurance Program Regulations. This ordinance shall remain in effect until the city, borough or township of the first or second class adopts subdivision and land development ordinances containing provisions for flood plain protection which are in compliance with Section 1910.3 of the National Flood Insurance Program Regulations, and a certified copy of such ordinance is filed with the Delaware County Planning Department together with certification of approval from the Federal Insurance Administrator.

Section 6. MUNICIPAL LIABILITY

The grant of approval of a plan for any proposed subdivision and/or land development to be located within any designated flood plain district shall not constitute a representation, guarantee, or warranty of any kind by the County of Delaware or by any officials or employee thereof of the practicability or safety of the proposed use, and shall create no liability upon the County of Delaware, its officials or employees.

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ARTICLE I1 - APPLICATION PROCEDURES AND REQUIREMENTS

Section 1. PRE-APPLIC ATION PROCEDURES

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Prior to the preparation of any plans it is recommended that a determination should be made as to whether or not any portion of land is in a designated flood plain district and whether any flood hazards would exist f r o m the proposed subdivision and/or land development.

Prior to the preparation of an.y plans, it is suggested that prospective developers consult with the Municipal Act 537 Enforcement Officer concerning soil suitability when on-site sewage disposal facilities are proposed.

Prospective developers should consult the Delaware County Con- servation District representative concerning erosion and sediment control and the effect of soil conditions on the proposed development if the development is under Twenty-Five Acres. A Soil and Erosion Control Permit f rom the Pennsylvania Department of Environmental Resources is required for developments of Twenty- Five (25) or more acres.

Section 2. PRELIMIN A RY PLAN REQUIREMENTS

The following information shall be required as a part of the Preliminary Plan for subdivision and/or land developments any portion of which is in a designated flood plain district as determined by the Administrator.

A . Name of engineer, surveyor, or other qualified person responsible for providing the information required in this section.

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B. A map showing the location of the proposed subdivision and/or land development with respect to any designated flood plain district, including information on, but not limited to, the one hundred (100) year flood elevations, boundaries of the flood plain districts, proposed lots and sites, fills, flood or erosion protective faalities, and areas subjects to speaal deed restrictions.

C. Where the subdivision and/or land development lies partially or completely within any designated flood plain districts, or where the subdivision and/or land development borders on a flood plain district, the preliminary plan map shall include detailed information giving the location and elevation of proposed roads, public utilities, and building sites. A l l such maps shall also show contours at intervals of two (2 ) feet if slope is 15% and identify accurately the boundaries of the flood plain districts.

D. A l l other information required by the Delaware County Planning Commission Subdivision Regulations of 1978 and Amendments and Resolution #7601 of 15 April 1976 for preliminary plan review.

Section 3 . FINAL PLAN REQUIREMENTS

The following information shall be required as a part of the Final Plan for subdivision and/or land development, any portion of which is in a designated flood plain district and shall be prepared by a registered engineer or surveyor.

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A l l information required for the submission of the Preliminary Plan incorporating any changes requested by the Delaware County Planning Commission.

A map showing the exact location and elevation of all proposed buildings, structures, roads, and public utilities to be constructed within any designated flood plain district. All such maps shall show contours at intervals of two ( 2 ) feet if the slope is 15% or less or five (5) feet if the slope exceeds 15% and identify accurately the boundaries of the flood plain districts.

Submission of the Final Plan 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 muniapalities have been notified of the proposed alteration or relocation. The Federal Insurance Administrator and the Pennsylva,nia Department of Community Affairs, Bureau of Planning, shall also be notified whenever any such activity is proposed.

All other information required by the Delaware County Planning Commission Subdivision fiegulations of 1978 and Amendments and 3esolution #7601 of 15 April 1976 for Final Plan Review.

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ARTICLE I11 - DESIGN STANDARDS A N D IMPROVEMENTS IN DESIG- NATED FLOOD PLAIN DISTRICTS

Section 1.0 - GENERAL

A . Where not prohibited by this o r any other laws or ordinances, land located in any designated flood plain district may be platted for development with the provisaion that the developer construct all buildings and structures to preclude flood damage in accordance with this and any other laws and ordinances regulated such development.

B. No subdivision and/or land development, o r part thereof, shall be approved if the proposed development and/or improvements wi l l individually o r collectively, increase the one hundred (100) year flood elevation more than one (1) foot at any point.

C . Building sites for residences or any other type of dwelling or accommodation shall not be permitted in any floodway area. Sites for these uses may be permitted outside the floodway area if the sites or dwelling units are elevated to the Regulatory Flood Eleva- tion. 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 and in corn- pliance with Article 111, Section l.B certified by a Registered Engineer.

D . Building sites for structures o r buildings other than for residential uses shall also not be permitted in any floodway area. Also, such sites for structures or buildings outside the floodway shall be protected as provided for in "C" above. However, the Delaware County Planning Commission may allow the subdivision and/or development of areas or sites for commercial and industrial uses at an elevation below the Regulatory Flood Elevation if the developer otherwise protects the area to that height or assures that the buildings or structures will be flood proofed at least up to that height.

E. I f the Delaware County Planning Commission determines that only a part of a proposed plat can be safely developed, it shall limit development to that part and shall require that development proceed consistent with this determination.

The Planning Commission at its descretion may recommend that the local municipality consider modifying i ts density requirements to permit an equal number of units on the remainder of the tract as would have resulted under existing ordinances prior to the determination that only a part of a proposed plat can be safely developed. Such recommendation shall not be binding on the local municipality.

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F. When a developer does not intend to develop that plat himself and the Delaware County Planning Commission determines that additional controls are required to insure safe development, it may require the developer to impose appropriate deed restrictions on the land. Such deed restrictions shall be inserted in every deed and noted on every recorded plat.

SECTION 2 - DESIGN STANDARDS

Section 2 .1 - EXCAVATION AND GRADING

Where any excavation or grading is proposed o r where any existing trees, shrubs, or other vegetative cover will be removed in the designated flood plain district, the developer shall consult the Delaware County Conservation District representative concerning plans for erosion and sediment control and to also obtain a report from the Conservation District on the soil characteristics of the site so that a determination can be made as to the type and degree of development that the site may accommodate. A copy of this report shall be forwarded to the Delaware County Planning Commission. Before undertaking any excavation or grading, the developer shall obtain a Grading and Excavation Permit if such is required by the local municipality.

Section 2 . 2 - D R A I N A G E FACILITIES

Storm drainage facilities shall be designed to convey the flow of surface waters without damage to persons o r property. The system shall insure drainage at all points along streets, and provide positive drainage away from buildings and on-site waste disposal sites.

Drainage plans shall be consistent with local and regional drainage plans. The facilities shall be designed to prevent the discharge of excess runoff onto adjacent properties. The Delaware County Planning Commission may require retention basins prior to discharge to prevent increase in flood elevation down stream.

Section 2 . 3 - STREETS

The finished elevation of proposed streets shall not be less than the one hundred (100) year flood elevation. The Delaware County Planning Commission may require, where necessary, 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.

Section 2 . 4 - SEWER FACILITIES

All public sanitary sewer systems located in any designated flood plain district shall be flood-proofed up to the Iiegulatory Flood Elevation. The installation of sewage disposal facilities requiring soil absorption systems where such systems will not function due to high ground water, flooding, or unsuitable soil characteristics shall be prohibited. The Delaware County Planning Commission may require that the developer note on the face of the plat and in any deed of conveyance that soil absorption fields are prohibited in designated areas.

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Section 2 . 5 - WATER FACILITIES . . < .

A l l water systems located in any designated flood plain districts, whether public or private, shall be flood-proofed up to the Regulatory Flood Elevation. If there is an existing public water water supply system on or near the subdivison, the Delaware County Planning Cclmmission shall require the developer to connect to this system where it is economically feasible.

Section 2 . 6 - OTHER UTILITIES A N D FACILITIES

All other public and/or private utilities and facilities including gas and electric shall be elevated o r flood proofed up to the Regulatory Flood Eleva- tion.

Section 2 . 7 - CHANNEL ALTERATIONS, ETC.

Under no circumstances shall any use, activity and/or development adversely affect the capacity of the channels or floodways of any watercourse, drainage ditch, or any other drainage facility o r system.

Prior to any proposed alteration or relocation of any watercourse, stream, etc. within the County, a permit shall be obtained f r o m the Depart- ment of Environmental Resources, D a m s and Encroachment Division. Further , notification of the proposal shall be given by the local municipality to dl affected adjacent municipalities. Copies of such notifications shall be forwarded to the Federal Insurance Administration, the Pennsylvania Depart- ment of Community Affairs, Bureau of Planning, Delaware County Planning Commission, and the local municipality.

ARTICLE

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IV - DEFINITIONS

Administrator - The Federal Insurance Administrator to whom the Secretary of the U.S. Department of Housing and Urban Develop- ment has delegated the administration of the National Flood In- surance Program.

Building - A combination of materials to form a permanent structure having walls and a roof. Included shall be all mobile homes and trailers used for human habitation.

Designated flood plain districts - Those areas subject to inundation by waters of the One Hundred (100) Year Flood as delineated in the Flood Insurance Studies for th.e local municipalities located within Delaware County, Pennsylvania, as prepared by the U . S . Depart- ment of Housing and Urban Development, Federal Insurance Ad- ministration. Included would be areas identified as the Floodway, Flood-Fringe, General Flood Plain, and/or Special Flood Plain.

Developer - Any landowner, agent or such land owner or tenant with the permission of such landowner, who makes or causes to be made a subdivision of land o r a land development.

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5. Development - Any man-made change to improve or unimproved real estate, including but not limited to buildings or other structures, the placement of mobile homes, streets and other paving, utilities, mining, dredging, filling, grading, excavation, or drilling operations.

6 . Eligible Community - Any community for which the Administrator has authorized the sale of flood insurance under the National Flood Insurance Program.

7 . Flood or Flooding - A general and temporary condition of partial or complete inundation of normally dry land areas from:

(a) the overflow of inland o r tidal waters;

(b) the unusual and rapid accumulation or runoff of surface waters from any source.

8. Flood elevation determination - A determination by the administrator of the water surface elevations of the One Hundred (100) Year Flood.

9. Flood Hazard Boundary Map (FHBM) - An official map of a local municipality, issued by the Administrator, where the boundaries of the flood, and related erosion areas having special hazards have been designated as Zone A , M, and/or E.

10. Flood Insurance Rate Map (FIRM) - An official map of a community, on which the Administrator has delineated both the speaal hazard areas and the risk premium zones applicable to the local municipality.

11. Flood plain - Any land area susceptible to being inundated by water from any flood.

12 . Flood Plain Management Iiegulations - Any zoning ordinances, buildings codes, health regulations, special purpose ordinances (such as flood plain ordinances, grading ordinances, soil and erosion ordinances), and other application of police power. The term describes such state laws and regulations as well as local ordinances, in any combination thereof, which provide standards for the purpose of flood damage prevention and reduction.

13. Flood-proofing (residential) - Any combination of structural additions, changes, or adjustment of structures which reduce or eliminate flood damage to real estate o r improved real property, water and sanitary facilities, structures and their contents.

14. Flood-proofing (non-residential) - Any combination of structural additions, changes o r adjustment of structures such that the structure becomes water-tight with walls substantially impermeable to the passage of water with structural components having the capability of resisting hydrostatic and hydrodynamic loads and the effects of buoyancy.

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ARTICLE

Floodway - The channel of a river or other watercourse and the adjacent land areas that must be reserved to carry and discharge a flood of the one hundred (100) year magnitude.

Freeboard - A factor of safety, usually expressed in feet above a flood level for purposes of flood plain management.

Local municipality or community - Any city, borough or township of the first or second class wholly within the County of Delaware.

Mobile home - A structure, transportable in one o r more sections which is built on a permanent chassie and designed as a dwelling unit, office, or place of assembly used with or without a permanent foundation when connected to the required utilities.

One hundred (100) year flood - A flood that, on the average, is likely to occur once every one hundred (100) years, (i.e. that has a one (1) percent chance of occurring each year, although the flood may occur in any year).

Regulatory flood elevation - The 100 year flood elevation plus a freeboard safety factor of one and one-half (14) feet.

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

Subdivision - The division or redivision of a lot, tract or parcel of land by any means into two or more lots, tracts, parcels o r other division of land including changes in existing lot lines for the purpose, whether immediate or future, of lease, transfer of ownership or building or lot development : Provided, however, that the division of land for agricultural purposes into parcels of more than ten (10) acres, not involving any new street or easement of access, shall be exempted.

V - SEVERABILITY

Should any court of competent jurisdiction decide:

(a) that any section of provision of this ordinance is unconstitutional or invalid, such a deasion shall not affect the validity of this ordinance as a whole or any part thereof other than the part so decided to be unconstitutional or invalid ;

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(b) that the application of any provision of this ordinance to any premises be unconstitutional or invalid, such a deasion shall be limited to the person, property, o r situation immediately concerned and shall not affect the applicability of this provision to other persons, properties, or situations.

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ARTICLE V I - APPROVAL

Approved - this the 9th day of November A.D. 1977 -

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Chairman, County Coucil

Vice-chairman, County Cduncil

Member County Counci&l

I hereby attest that the foregoing is a true and correct copy of Ordi- nance #77-5 of the County of Delaware entitled "The Delawre County Flood Plain Protection Ordinance for Subdivision and Land Develop- ments of 1977".

November 9 , 1977

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COUNTY OF DELAWARE

ORDINANCE N O . 78-7 . .

An Ordinance of the County of Delaware, Pennsylvania, amending Ordinance No. 77-5 known as "The Delaware County Flood Plain Protection Ordinance for Subdivision and Land Developments of 1977" by amending Article 11, Section 2 .D and Article 11, Section 3 . D .

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Section 1 : That Article 11, Section 2 .D be amended to read as follows: "All other information required by Ordinance 78-5 , 'The Delaware County Subdivision and Land Development Ordinance of 1978,' as amended , and Resolution of the Delaware County Planning Commission No. 7601 of March 18, 1976, as amended, for preliminary plan review."

Section 2: That Article 11, Section 3.D be amended to read as follows: " A l l other information required by Ordinance 78-5, 'The Delaware County Subdivision and Land Development Ordinance of 1978,' as amended, and Resolution of the Delaware County Planning Commission N o . 7601 of March 18, 1976, as amended, for final plan review.''

Section 3: That all other Articles, Sections and Subsections or other provisions of Ordinance No . 75-5 known as "The Delaware County Flood Plain Protection Ordinance for Subdivision and Land Developments of 1977 , except as specifically amended by this Ordinance , shall remain in full force and shall remain valid except as may be further modified, amended or rescinded by the County Council of the County of Delaware, Pennsylvania.

Section 4: EFFECTIVE DATE This ordinance shall become effective on December 29, 1978, and shall remain in effect until modified, amended, or rescinded by the County Council of the County of Delaware, Pennsylvania.

Section 5: APPROVAL Approved this the 19th day of December A.D. 1978

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I Vice Chairman, County Council

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%-&o*@ Member, County Coun

I hereby attest that the foregoing is a true and correct copy of Ordi- nance No. 78-7 of the County of Delaware amending "The Delaware County Flood Plain Protection Ordinance for Subdivision and Land Developments of 1977," Ordinance N o . 77-5.

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RIDLEY CREEK STORMWATER MANAGEMENT

ORDINANCE 1989

COUNTY OF' DELAWARE ORDINANCE NO. 89-

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AN ORDINANCE OF THE COUNTY OF DELAWARE, PENNSYLVANIA, AMENDING ORDINANCE #78-5 AS AMENDED, KNOWN AS THE "DELAWARE COUNTY SUBDIVISION AND LAND DEVELOPMENT ORDINANCE OF 1978," BY THE ADDITION OF PROVISIONS TO COMPLY WITH THE "ACT 167 STORMWATER MANAGEMENT

PLAN FOR THE RIDLEY CREEK WATERSHED."

ARTICLE I GENERAL PROVISIONS

Section 1.1 TITLE

This Ordinance may be cited as the "Ridlev - Creek Stormwater Management Ordinance 02 1989. I'

Section 1.2 AUTHORITY

The Delaware County Council, by authority of the Act of July 31, 1968 (P.L. 805, No. 2471, as amended, known as the Pennsylvania Munici- palities Planning Code, and pursuant to Act 167, as amended, known as the Pennsylvania Stormwater Management Act, hereby adopts Ordinance # 89- known as the "Ridley Creek Stormwater Management Ordinance of 1989. "

Section 1.3 EFFECTIVE DATE

This Ordinance shall become effective upon approval and shall remain in effect until modified, amended, or rescinded by County Council.

Section 1.4 PURPOSE

The specific purposes of this Ordinance are:

A. To manage stormwater runoff resulting from land alteration and disturbances in accordance with the Ridley Creek Storm- water Management Plan and the Pennsyl- vania Stormwater Management Act (Act 167).

B. To utilize and preserve the desirable existing natural drainage systems and to preserve and restore the flood-carrying capacity of streams.

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C, To maintain existing flows and quali,ty of streams.

D. To maximize recharge of groundwaters and encourage natural infiltration of rainfall to preserve groundwater supplies and stream flows.

E. To provide for adequate maintenance of all permanent- stormwater management structures in the watershed.

Section 1-5 APPLICABILITY/JURISDICTION

This Stormwater Management Ordinance shall apply to all forms of land alteration and disturbances relating to subdivisions and land developments within the Ridley Creek watershed, unless specifically exempted or modified by this Ordinance, being undertaken in those cities, boroughs, or townships of the first or second class wholly or partly within the County of Delaware, and which have no subdivision ordinance in effect on the effective date of this Ordinance or have specified coverage under this Ordinance.

Section 1.6 COUNTY LIABILITY

The grant of approval of a plan for any proposed subdivision and/or land development to be located within any designated stormwater management district shall not constitute a representation, guarantee, or warranty of any kind by the County of Delaware or by any officials or employee thereof of the practicability or safety of the proposed use, and shall create no liability upon the County of Delaware, its officials, or employees.

ARTICLE I1 DEFINITIONS

Baseflow - The normally occurring small flow in a stream.

Date of Adoption - June 15, 1988, or the adoption by County Council of subsequent watershed plan updates,

Design Storm - A statistically determined rainfall event havinq a specific distribution of rainfall (inches -of pFecipitation) over a specific time interval with an associated frequency.

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Detention Basin - A basin designed to retard stormwater runoff by temporarily storing the runoff and releasing it at a predetermined rate.

Development - Any improvement of one lot or two or more contiguous lots, tracts or parcels of land for any purpose (including the expan- sion of, or addition to, existing improvements) resulting in the creation of an additional 7,500 or more square feet of impervious land area.

Direct Discharge - A stormwater management option which allows for the discharge of the total stormwater runoff flows from a development site through outfalls directly into Ridley Creek.

Discharge Rate - The flow rate at which runoff is allowed to leave a development site.

Downstream Impact Evaluation - One of two hydrologic studies which may relieve a developer from implementing the release rate percentage stormwater runoff control criterion.

Drainaqe - Surface water runoff. Drainaqe System - Natural features, pipes, swales and other man-made improvements to carry drainage.

Existinq/Pre-Development Conditions - Those conditions which were present on any site prior to the date of adoption of the stormwater management plan or subsequent updates by the County.

Flow Rate - See "Rate of Runoff .'I Frequency - The likelihood of a storm occurrence developed from recorded events, typically expressed as a return period such as the 25-year storm.

Groundwater Recharqe - Replenishment of existing natural groundwater supplies.

Hydroqraph - A record of the flow rate leaving a site or passing a point in a stream channel with respect to time, and displayed as a graph of flow rate vs. elapsed time or as a listing of flow rates at respective times of occur-

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rence. For the purpose of this ordinance, the hydrographs developed as part of the Ridley Creek Stormwater Management Plan shall be used.

Impervious Surface - A surface which prevents the absorption of water into the ground. All buildings, driveways, roads, sidewalks and any areas in concrete,, asphalt, etc. are considered impervious within this definition.

Improvement - Any man-made, immovable structure or facility which becomes part of, is placed upon, or is ,affixed to, real estate.

Infiltration - The penetration and movement of water through the earth's surface.

Municipality - A municipal civil division of the County of Delaware contained wholly or partly within the Ridley Creek watershed.

. Normal Flow - See "Baseflow." Peak Discharge - The maximum rate of flow of water at a given point and time resulting from a specified storm event.

Rate of Runoff - Expression (in cubic feet per second) of the volume of water passing a par- - titular point at defined time intervals as specified by the Act 167 Stormwater Manage- ment Plan for the Ridley Creek Watershed.

Release Rate Percentage - The primary performance standard of the watershed plan which defines the percentage of the pre-development peak stormwater runoff rate that shall be considered the base runoff rate for a particular /

site. The specific release rate percentage for each subarea prescribes the percentage of the pre-development rate of runoff which may leave the site after development.

Return Period - A storm event which is expected to occur over specific time intervals (ie. 25-year storm, every 25 years, or of occurring in "Frequency. 'I

Runoff - Stormwater

which is expected to occur has a four percent chance any given year). See

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Shared Storaqe - Facilities which control the stormwater runoff from more than one develop- men t site . Storage Facility - Any facility used for temporary or permanent storage of stormwater runoff . Stormwater Management Facilities/Structures - Any and all elements of stormwater control systems including basins, swales, pipes, conduits, etc.

Stormwater Manaqement Plan - The portion of the development plan which indicates the existing site conditions and method(s1 for the post-development control of stormwater runoff in conformance with Act 167 and the watershed plan.

Stormwater Runoff - The excess water resulting from a precipitation event which exceeds the amount that can percolate (infiltrate) or be absorbed into the ground, collects in channels and conduits, and is carried by receiving streams.

Subarea - One of the 63 subwatersheds contained within the Ridley Creek watershed as indicated on Plate 1 of the Act 167 Stormwater Management Plan for the Ridley Creek Water- shed.

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

Watershed ' - The total drainage area of a stream and its tributaries.

Watershed Plan - Act 167 Stormwater Management Plan for the Ridley Creek Watershed, adopted by Delaware County as required by the Act of October 4, 1978, P.L. 864, (Act 1671, and known as the Stormwater Management Act.

ARTICLE I11 STORMWATER PLAN REQUIREMENTS

Section 3.1 PLAN SUBMISSION

No earthmoving or land disturbance activity shall commence before stormwater management plans for the site have been reviewed by an engineer with expertise in stormwater management and are approved by the municipality.

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Section 3.2 EXEMPTIONS FROM SlJBMISSION OF A STORMWATER MANAGEMENT PLAN

A. Subdivisions or land developments that do not create more than 7,500 square feet of new impervious land area shall be exempt from the stormwater plan requirements of this section.

B. For parcels under single ownership, no more than one subdivision or land development creating less than 7,500 square feet of new impervious surface shall be permitted before requiring a stormwater management plan for the entire parcel.

C. Application procedures for exempt developments:

(1) Persons engaged in land alteration of exempt development sites are exempt only from the full stormwater plan requirements of this Ordinance. They are still responsible for applying sound stormwater management practices in accordance with the standards of this Ordinance and the Pennsylvania Stormwater Management Act (Act 167) in the development of the site.

(2) A sketch stormwater plan showing the name of the watershed, its subarea, the appropriate release rate percentage as well as the location and nature of the proposed stormwater management techniques for the site shall be submitted to the municipal engineer and shall conform to the standards of Section 309 of the County Subdivision and Land Development Ordinance.

( 3 ) The stormwater plan for the site must be approved by the municipal engineer prior to the issuance of any building permits.

In addition to the plan requirements contained in Sections 203, 205, and 207 of the County Subdivision Ordinance, the following stormwater-related items shall be included as part of the plan submission:

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A. Sketch Plan Contents

(1) The name of the watershed and the subarea in which the site is located as well as the appropriate release rate percentage.

(2) Existing ground cover conditions.

( 3 ) Definition of existing drainage paths and drainage area boundaries.

(4) Definition of existing drainage problems.

(5) Appropriate stormwater management performance standards as defined in the Standards and Criteria section of the Ridley Creek Stormwater Management Plan.

- Release rate percentage

- Direct discharge

- Downstream impact evaluation

B. Preliminary Plan Contents

(1) Data requirements as set forth for the sketch plan.

(2) Architectural layout of existing and proposed streets, buildings, approximate building dimensions, parking areas, walkways, and other impervious areas.

( 3 ) Configuration of the storm and sanitary sewer system layout.

( 4 ) Approximate location and layout of the stormwater management system with a description of its proposed design and operation.

( 5 ) Existing and proposed drainage easements.

(6) Preliminary runoff calculations as set forth in the Ridley Creek Storm- water Management Plan.

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(7) Tentative ownership and maintenance provisions for all stormwater related facilities.

C. Final Plan Contents

(1) Data requirements as set forth for the preliminary plan.

(2) Final layout of existing and proposed streets and buildings, actual building dimensions, parking areas, and other impervious areas.

( 3 ) Exact location and layout of the stormwater management system with a detailed description of its proposed design and operation,

( 4 ) Detailed runoff calculations as set forth in the Ridley Creek Stormwater Management Plan.

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( 5 ) Final ownership and maintenance provisions for all stormwater related facilities.

(6) Modifications requested by the municipality during the preliminary review phase.

ARTICLE IV STORMWATER MANAGEMENT PERFORMANCE STANDARDS

Section 4.1 GENERAL PERFORMANCE STANDARD

Any landowner and any person engaged in the alteration or development of land which may affect stormwater runoff characteristics shall implement such measures as are reasonably necessary to prevent: injury to health, safety, or other property. Such measures shall include such actions as are required:

A. to assure that the maximum rate of stormwater runoff is no greater after development than prior to development activities; or

B, to manage the quantity, velocity, and direction of resulting stormwater runoff in a manner which otherwise adequately protects health and property from possible injury.

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Section 4.2 RELEASE RATE PERCENTAGES

For purposes of stormwater management, each subarea of the Ridley Creek watershed is assigned a release rate percentage, as defined by this Ordinance and shown on the Ridley Creek Watershed Release Rate Map (Plate No. 1)

(This available in the municipal offices. percentage is applicable to any particular site in that subarea.) The post-development peak stormwater runoff rate discharging from the outfalls of a development site cannot exceed the subarea release rate percentage in order to comply with the Ridley Creek watershed plan. The following procedure should be followed in applying the release rate percentage.

A. Compute pre- and post-development runoff hydrographs and peak discharges for the 2-, lo-, 25-, and 100-year storms using the U.S. Soil Conservation Service's (SCS) Soil-Cover Complex Method. The 24-hour total runoff depths for these return periods for the Ridley Creek watershed shall be:

Return Period

2-year 10-year 25-year 100-year

Depth in Inches

2.92 4.68 5 . 5 4 6.85

The computations should assume actual existing soil and land use conditions on the site as of the date of adoption of the watershed plan or its most recent update, using the existing land use map used in the development of the watershed plan (and subsequent updates) and the SCS Soil Classification Map for the watershed. The computations for post- development discharges should in-clude all reduction for proposed on-site infiltration techniques.

B. Compare post-development discharges to the pre-development discharges. If the post-development rate is greater, on-site storage is required. Off-site storage may be substituted provided that (1) proper legal arrangements (easements, perpetual covenants, etc.) are made, (2) no Problems are created between the

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development site and the off-site storage location, and ( 3 ) it is approved by the municipal engineer.

C. If on-site storage is required, the size of the facility(s1 shall be determined by applying the release rate percentage to the post-development discharges for the 2-, lo-, and 25-year design storms. Provisions shall also be made for safely passing the post-development 100-year runoff flows without damaging (i.e,, impairing the continued function of) these systems. The storage area shall be designed in conformity with the provisions of this Ordinance.

D. The proposed plan and computations must be prepared by a registered professional engineer with expertise in stormwater management.

Section 4 . 3 DIRECT DISCHARGE

This provision applies only in subareas that are immediately adjacent to Ridley Creek.

A. Development sites in these subareas may discharge total stormwater runoff flows through outfalls directly into Ridley Creek.

B. Stormwater outfalls must be constructed so as to prevent erosion and scour of the Ridley Creek channel. Under these conditions, post-development peak runoff rates may exceed pre-development peak runoff rates.

C. Stormwater management plans for sites proposing to use direct discharge must be approved by the engineer for the municipality in whi.ch the development is to take place.

Section 4 . 4 DOWNSTREAM IMPACT EVALUATION

If an applicant proposes to exceed the specified release rate percentage for a subarea, one of the following evaluations must be completed,

A. If the stormwater runoff flow from the development is proposed to be directed into an existing or proposed stormwater

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conveyance channel (i.e., closed storm sewers and concrete lined or rip-rap protected channels), the post-development discharge may exceed the prescribed release rate percentage. The applicant must demonstrate sufficient capacity in the proposed conveyance channel, and the proposed system must be approved by the municipal engineer.

B. An applicant may demonstrate through acceptable engineering analysis and design that an increase in the post- development discharge rate will not result in injury or damage to persons or property downstream from the development site.

The evaluation of downstream impacts must show that at any point in time, the flow rates on the existing conditions runoff hydrograph at the outlet of the subarea(s) in which the development site is located shall not be increased by more than five (5) percent for storm discharges resulting from future conditions runoff (with stormwater management provisions) from the 2-, lo-, and 25-year rainfall events for the particular site. Existing conditions runoff hydrographs for all applicable subareas shall be those used in the analyses performed for the development of the Ridley Creek watershed plan or its most recent update (available at the Delaware County Planning Department).

The municipal engineer may identify points of interest downstream of the site where there are existing obstructions or known problems or other points, and the applicant shall be required to demonstrate no adverse impact as a result of exceeding the prescribed release rate percentage(s1 for the subarea(s1.

All plans and computations must be prepared and certified by a registered professional engineer with expertise in stormwater management. These must be submitted to the municipal engineer for review and approval.

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ARTICLE V STANDARDS AND CRITERIA

Section 5.1 STORMWATER MANAGEMENT TECHNIQUES

Applicants may utilize any appropriate stormwater management techniques or a combination of techniques as approved by the municipal engineer. Off-site control measures, including storm sewers and/or storage facilities, may be used in accordance with the watershed stormwater plan and as approved by the municipality.

All such stormwater management techniques shall be in strict conformance with all other applicable regulations including, but not limited to, Dam ,Safety and Encroachments, Floodplains, and 'Erosion and Sedimentation Control.

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Section 5.2 STORMWATER CONTROL MEASURES

Possible stormwater control measures, including on-site infiltration techniques, detention facilities, and other measures, are described in the Ridley Creek watershed plan. Other measures are acceptable when approved by the municipal engineer. Information and standards for developing stormwater management controls may be found in the following references:

A, "Urban Hydrology for Small Watersheds, I' Technical Release No. 55, USDA, Soil Conservation Service, January, 1975.

B. "Soil Erosion and Sedimentation Control Manual, I' Pennsylvania Department of Environmental Resources, May, 1976.

C. "Engineering Field Manual for Conserva- tion Practices, I' USDA, Soil Conservation Service, 1975.

D. "Practices in Detention of Urban Storm Water Runoff,"' Special Report No. 43, American Public Works Association, June, 1974.

Section 5 . 3 SPECIAL PHYSICAL S I T E CONDITIONS

If special geological hazards or soil conditions are identified on the site, the developer's engineer shall consider the effect of proposed stormwater management measures on

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these conditions. In such cases, the municipality may require an in-depth report by a competent soils engineer.

Section 5.4 STORAGE FACILITY DESIGN

Storage facilities shall be designed to control the post-development peak stormwater runoff rates for the 2-, lo-, and 25-year design rainfall events to the subarea’s release rate percentage or that approved through the downstream impact evaluation.

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Provisions shall also be made for passing the post-development 100-year runoff flows through a stormwater detention facility without damaging or causing failure of (i.e., impairing the continued function of) the facility.

Storage facilities shared by more than one development site are permitted within a single subarea of the watershed, provided that they meet the above criteria.

Runoff from the development sites involved shall be conveyed to the facility from its source in a manner so as to avoid adverse impacts, such as flooding or erosion and scour of natural channels, to downstream channels and property.

Storage facilities shall be located such that they remain accessible for maintenance based upon the type of equipment and procedures required.

Municipalities may, at their discretion, require any necessary measures to ensure the security and general safety of proposed storage facilities.

Section 5.5 STORM SEWER SYSTEMS

When storm sewers are proposed, developers must show:

A . Compliance with all other state and local regulations and specifications governing the installation of such systems.

B. That there is sufficient channel capacity from the point where the storm sewer outlets into the natural drainage system

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and further downstream to the base of the watershed.

Section 5.6 STORMWATER COLLECTION

The safety of the public shall be considered at all times in the design of such facilities and provided for to the satisfaction of the municipal engineer. Except as otherwise provided for by municipal ordinances, the standards and specifications of the Pennsylvania Department of Transportation shall be used in the construction of stormwater collection system components,

Section 5.7 STORMWATER DISCHARGES

The discharge of concentrated, collected stormwater runoff from control facilities such as detention basins or storm sewers onto adjacent properties where there is no existing natural watercourse or drainageway to receive the discharge shall be avoided unless deemed absolutely necessary, Where such a discharge is absolutely necessary, easements and/or other provisions shall be proposed, approved, and implemented to prevent damage to the adjacent properties to the satisfaction of the municipal engineer. Where discharges are proposed to natural watercourses and drainage- ways, such discharges shall be made in a manner so as not to result in property damage or deterioration of channel stability.

ARTICLE VI MAINTENANCE OF STORMWATER FACILITIES

Section 6.1 Stormwater control facilities located on or serving properties developed for commercial, industrial, or multi-family residential (including condominium uses) shall be owned and maintained by the owner of the property or the complex. If a homeowners' association is formed, then the facilities shall be the responsibility of this association.

Section 6.2 Stormwater control facilities serving single- family (individual lots) or multi-family developments wherein the streets, sewers, and other public improvements are to be accepted by the municipality shall likewise be accepted and maintained by the municipality or a homeowners' association at the municipality's discretion.

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Section 6.3 Stormwater control facilities serving public or semi-public uses, such as schools, hospitals, churches, or similar institutional facilities, shall be owned and maintained by the property owner.

Section 6 . 4 Stormwater control facilities serving state, county, or municipal facilities such as parks shall be owned and maintained by the respective political entity.

Section 6.5 Where shared-storage facilities are proposed, the applicant shall submit a plan for their maintenance with the preliminary and final stormwater management plans, identifying the facility owner, easements, covenants providing for access to the facility, and a proposed maintenance funding plan (if the facility is not to be accepted by the municipality).

Section 6.6 In single-family, multi-family, commercial, or industrial developments where the stormwater control facilities (especially basins) are not to be accepted by the municipality, the developer shall submit a proposed maintenance schedule and funding plan as part of the stormwater plan for the development site which shall be approved by the municipality. Prior to approval of the final S/LD plan, the developer shall establish an escrow or similar account to set aside funds for the first year's (after completion) maintenance costs.

Section 6.7 Stormwater control measures located on an individual lot/structure, such as roof-top storage, drainage swales, and seepage pits, shall be the responsibility of the property/ structure owner. These responsibilities shall be included in the deed or lease for the property or structure. This provision is applicable although other stormwater control facilities, such as storm sewers or storage basins, are to be owned and maintained by another public or private agency.

Section 6.8 Prior to the acceptance of any stormwater facility, the municipal engineer shall inspect the facility to ensure its proper construction and functioning. All facilities must be free of sediment or debris before acceptance and/or dedication. Any required access easements should be obtained.

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Section 6.9 The municipality shall require that a maintenance guarantee, in accordance with the provisions of the MPC (Section 5091, be provided.

Section 6.10 Before acceptance and/or dedication of any facility, the developer shall submit as-built plans and a schedule for required maintenance. As-built plans need not be submitted for facilities located 0 1 1 an individual lot/structure.

ARTICLE VI1 INSPECTIONS

Section 7.1 Periodic inspection of stormwater management facilities is required throughout the development phase. It is the responsibility of the developer/builder to notify the municipal engineer well in advance of the completion of each identified phase and to arrange for the required inspection,

Section 7.2 Work should not commence on a subsequent stage until the preceding stage has been inspected and approved. Any portion of the work which does not comply with the approved stormwater plan must be corrected by the permittee within a stipulated time. No work shall proceed on any subsequent phase of the stormwater management plan, the subdivision or land development, or building construction until the required corrections have been made.

Section 7 . 3 If at any stage of the work the municipal engineer determines that the stormwater management controls or other requirements are not being installed as shown in the approved plans, the municipality may revoke existing permits until a revised plan is submitted and approved.

Section 7 .4 The following are key phases during which a municipality shall, at its discretion, perform routine inspections of the development site:

A. At the completion of preliminary site preparation, including stripping of vegetation, stockpiling of topsoil, and construction of temporary stormwater management and erosion control facilities.

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B. At the completion of rough grading, but prior to placing topsoil, permanent drainage, or other site development improvements and ground covers.

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C. During construction of the permanent stormwater facilities at such time as specified by the municipal engineer.

D, At the completion of permanent stormwater management facilities, including established ground covers and plantings.

E. At the completion of any final grading, vegetative control measures, or other site restoration work done in accordance with the approved plan and permit.

ARTICLE VI11 PERFORMANCE ASSURANCES, FEES, AND PENALTIES

Section 8.1 PERFORMANCE ASSURANCES

Reference Sections 509 and 510 of the Pennsylvania Municipalities Planning Code (Act 2471, as amended.

Section 8.2 FEES

The local agency responsible for the administration of this Ordinance may, in accordance with Section 503 of the Pennsylvania Munici- palities Planning Code, establish reasonable fees necessary to administer the provisions of this Ordinance.

Section 8 . 3 PENALTIES

Reference Sections 511, 515.1 and 515.3 of the Pennsylvania Municipalities Planning Code.

ARTICLE IX SEVERABILITY

Section 9.1 Should any court of competent jurisdiction decide:

A, that any section or provision of this Ordinance is unconstitutional or invalid, such a decision shall not affect the validity of this Ordinance as a whole or any part thereof other than the part so decided to be unconstitutional or invalid;

B, that the application of any provision of this Ordinance to any premises be unconstitutional or invalid, such a decision shall be limited to the person, property, or situation immediately concerned and shall not affect the applicability of this provision to other persons, properties, or situations.

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ARTICLE X APPROVAL

ApDroved t h i s - ' Second

d a y of May 1989 A.D. I 9

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I he reby a t t e s t "chat t h e f o r e g o i n g i s a t r u e and correct copy of Ordinance $89- of t h e County of Delaware e n t i t l e d "The R id ley Creek Storrawatex: Management Ordinance of 1 9 8 9 ."

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May 2, 1989 - Date

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Review of Subdivisions and Land Developments

Delaware County Planning Commission and Planning Department

APPLICAI{T submits plans andsupporting data to municipality

MUNI CIPALITY fonvards Countyapplication form, 3 sets of plans,

and fee to DCPD

DCPD accepts application forreview and assigns file number

OR returns submission if incomplete

DCPD prepares staffreview andpresents to DCPC at monthly

meeting (3rd Thursday)

Maximum30 Days

DCPC recommends approval, conditionalapproval, or disapproval, based on staff review

DCPC review and recommendation sent tomunicipalify and applicant

DCPD stamps plan to acknowledge DCPC reviewFOLLOWING municipal approval and

PRIOR to recording

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