WAYNE TOWNSHIP  SUBDIVISION AND LAND DEVELOPMENT ORDINANCE  PLANNING COMMISSION: William Peter, Chairman John Yost, Secretary Terry Condo Robert Johnson James Maguire BOARD OF SUPERVISORS James Fleisher, Chairman Allen Gardner Rodney Stabley David Calhoun, Zoning Officer Darlene Macklem, Secretary  DECEMBER 1992 Prepared by: Thomas R. Deans Associates 28 North Front Street Milton, PA 17847    TABLE OF CONTENTS  Page I 1 2 3  ARTICLE I 1.01 1.02 1.03 1.04 1.05 ARTICLE II 2.00 2.01 2.02 2.03 2.04 3.00 3.01 3.02 3.03 3.04 3.05 3.06 4.00 4.01 4.02 4.03 4.04 4.05 4.06 4.07 4.08 4.09 4.10 4.11 4.12 4.13 4.14 4.15 5.00 5.01 5.02  GENERAL PROVISIONS Title Purpose.. Authority and Jurisdiction Disclaimer ofLiability. Conflict with other Ordinances PLAT REQUIREMENTS General Sketch Plans Preliminary Plans Final Plan. General Minor Subdivisions. Preliminary and Final Plan Procedures Recording of Final Plan.. Resubdivision Procedures Fee Schedule General Suitability of Land. Streets. Sidewalks Blocks. Building Lines. Lot Size Stormwater Management. Drainage Easements Utilities.. Landscaping Sewage Facilities Severe Soils Limitations Steep and Severe Slopes Water Supply.. Monuments and Markers.  Modified Plan for Minor Subdivisions.  6 9 13 13 .13 13 .15 .15 20 22 22 22 22 28 29 30 30 .30 .33 33 34 35 .37 38 39 .40 .41 41 .41 42  ARTICLE III PLAN PROCESSING PROCEDURE  Procedure for Installation and Approval of Improvements :. 15  ARTICLE IV DESIGN AND CONSTRUCTION STANDARDS.  ARTICLE V LAND DEVELOPMENT  General Types of Land Development. Campgrounds    TABLE OF CONTENTS  Page 43 44 .46 46 46 .46 .49 .50 .51 51 51 .51 52 .53 .54 55 55 55 57 57 57  5.03 5.04 6.00 6.01 6.02 6.03 6.04 7.00 7.01 7.02 7.03 7.04 7.05 7.06 7.07 7.08 - 8.00 8.01  Multiple Family Dwelling Developments Commercial and Industrial Land Developments  ARTICLE VI MOBILE HOME PARKS.  General Site Plan requirements and procedures Design Standards Utilities and Park Facilities. Rules and Regulations of the Park  ARTICLE VII ADMINISTRATION.  General Records. Waivers and Modifications Amendment. Preventive Remedies Enforcement Remedies Validity. Repealer Effective Date. Interpretations Definitions  ARTICLE VIII DEFINITIONS.    ARTICLEI GENERAL PROVISIONS  1.01 TITLE  This Ordinance shall be known and may be cited as the "Wayne Township  Subdivision and Land Development Ordinance."  1.02 PURPOSE  These regulations are intended to create conditions favorable to the health, safety, convenience, order, and general welfare of the citizens of the Township. In enacting these regulations, the Township Supervisors propose to accomplish the  following specific objectives.  A. To provide for harmonious development oft the Township.  B. To secure equitable processing of all subdivision plans by providing standard procedures for bothsubdividers and the Township. C. To relate subdivision plans with capital improvements in.the D. To ensure coordination of inter-municipal public improvement plans E. To secure the protection of natural resources and water supplies. F. To encourage the utilization of flood hazard areas in a manner that  municipality. and programs.  does not increase the flood hazard.  G. To facilitate the rational movement of people and goods.  1.03 AUTHORITY. AND JURISDICTION  The Wayne Township Supervisors are vested by law with the regulation of subdivision and land development located within the Township by Article V, Section 501, ofthe Pennsylvania Municipalities Planning Code (Act 170 of 1988).  1    No land development or subdivision of any lot, tract or parcel of land shall be made, no street, sanitary sewer, storm sewer, water main, or other improvements in connection therewith' shall be laid out, constructed, opened or dedicated for public use or travel, or for the common use of occupants of buildings abutting thereon, except in accordance with the provisions oft this Ordinance. The authority for the control and regulation of subdivision and land development  within the Township shall be as follows:  A.  Approval by the Township Board of Supervisors: The. Wayne Township Board of Supervisors shall be vested with the authority to approve or disapprove all subdivision and land development plans. C. Review by the Township Planning Commission: The Wayne Township Planning Commission hereinafter referred to as the Planning Commission, shall be vested with the review and evaluation  of subdivision and land development plans.  C. Review of the County Planning Commission: Plans for subdivision and land development located with Wayne Township shall be submitted to the Clinton County Planning Commission for review and report. Said submission shall take plaçe before approval of the Preliminary Plan by the Township. However, if a report is not received fromi the County Planning Commission within thirty (30) days after submission, the Township may proceed without the report.  1.04 DISCLAIMER OF LIABILITY  The approval of a subdivision or land development plan in which any portion of the subdivision or land development is within a floodplain shall not constitute a representation, guarantee, or warranty of any kind by the Township Planning Commission or by an official or employee of the Township as to the practicability or safety of the proposed use, and shall create no liability upon the Township, its  officials or employees.  2    1.05 CONFLICTWITH OTHER ORDINANCES  Where any provision of this Ordinance is found to be in conflict with the provision of any other ordinance or code of the Township, the provision which establishes the higher standard for the promotion and protection of the health and safety of the  people shall prevail except as otherwise provided herein.  3    ARTICLEII PLATREQUIREMENTS  2.00 GENERAL  Itis the responsibility of the Subdivider or Developer to coordinate all plans with the public and private service agencies in the manner set forth in this Ordinance. No plan of any subdivision or land development shall be approved except in The applicant shall be entitled to a decision in accordance with the provisions of Wayne Township ordinances as they stood at the time the plan was duly filed. No change or amendment of any zoning or subdivision ordinance applicable to the plan shall adversely affect the applicant due to the timing of submission.  accordance with these regulations.  2.01 SKETCHPLANS  A. The Planning Commission may require the submission of a sketch plan for review prior to the formal filing of a subdivision plan. Sketch plans are optional and are useful for informal discussion between the subdivider and the Planning Commission, and shall not constitute  formal filing of a subdivision plan.  B. Sketch plans should be legible and show the following data.  1. 2. 3. 4. 5.  Name of the owner of the tract, municipality and date.  North arrow and approximate scale.  Tract boundary sketch, showing the location of the proposed Location sketch, showing the relation of the tract to the road General street and lot layout, location of existing and proposed buildings, soils test sites, septic systems or sewers, water mains or wells, utilities, streets and parking areas, rights-of-  development in relation toi the entire tract. and highway system of the area.  4    way and easements, and watercourses and other significant  natural features.  C. The Subdivider or Developer may request that members of the Planning Commission inspect the property before the presentation of the Preliminary Plan. Based on a site visit and sketch plan, the Commission will advise the Subdivider of the extent to which the sketch plan conforms to the design standards of this Ordinance. The Commission may also suggest any modifications deemed advisable  or necessary to secure conformance.  2.02 MODIFIED PLAN FOR MINOR SUBDIVISIONS  A.  Minor subdivisions, defined as three (3) or fewer new lots requiring no new street, rèquire submission of a Modified Plan only.  B. Six (6) copies of the Plan shall be submitted to the Planning Commission. The copies of the Plan can be either black and white or blue and white prints. The sheet size shall be either 18" x24" or 24"x 36". The scale shall not exceed one hundred (100) feet to thei inch.  R : €  C. The Modified Plan shall show the following data:  1. Title block, containing the name of the owner, municipality, date, scale, and certification with seal by a registered surveyor. Location map, showing the relation of the tract to adjoining properties, the road and highway system, municipal boundaries, and including an area extending at least one-half (1/2) mile from the subdivision parcel boundaries.  2.  3. Tract boundary sketch, showing the location in relation to the entire tract and the names of owners, of all adjoining property North arrow, perimeter boundaries showing bearings, proposed lot lines, dimensions of areas to be dedicated to public use, and building setback lines; total number of parcels  and of all abutting subdivisions.  4.  5    or dwelling units, including a numbering system to identify each lot, approximate area of each lot, total acreage, and Location of all existing streets, rights-of-way, and easements Location and size of existing sewers, water mains, and culverts, buildings, transmission lines, existing and proposed utilities, fire hydrants, and other significant man-made features. Soil percolation test sites and/or deep test pit sites, except Location of wetlands, sinkholes, and the 100-year floodplain. Location of slopes in excess of fifteen (15) percent. (See  existing zoning classification. on, or adjacent to, the tract.  5. 6.  7. 8. 9.  where public sewers are provided.  Section4.13).  10. Wooded areas and other significant natural features.  D. The following shall be submitted with the Plan:  1. b,  Review fee.  Copies of proposed deed restrictions, if any.  2.03 PRELIMINARY PLAN  A. Approval of the Preliminary Plan represents approval of the character and intensity of development, and the arrangement and approximate dimensions of streets, lots, and other planned features. The approval binds the Subdivider to the general scheme of the subdivision shown and permits the Subdivider to proceed with final detailed design of improvements and with preparation of the Final Plan. Approval of the Preliminary Plan does not authorize the sale of lots nor the recording of the Preliminary Plan, nor constitute approval of the Final Plan.  6    B. Six (6) copies of the Preliminary Plan and two (2) copies of all other material and information required by this Ordinance shall be submitted to the Commission with a letter of intent. The copies can be either black and white or blue and white prints. The sheet size shall be either 18" X 24" or 24" X 36".The scale shall not exceed one  hundred (100) feet to thei inch.  C. The Preliminary Plan shall show thei following data:  1.  Title block, containing the name of the owner of the tract, municipality, date, scale, and certification with seal by a Location map, showing the relation of the tract to adjoining properties, the road and highway system, municipal boundaries, and including an area extending at least one-half (1/2) mile from the subdivision parcel boundaries. Tract boundary sketch, showing the location of the proposed development in relation to the entire tract and the names of owners of all adjoining property and of all abutting North arrow, perimeter boundaries showing bearings and distances of the area to be developed, proposed lot lines, dimensions of areas to be dedicated to public use, and building setback lines; total number of parcels or dwelling units, including a numbering system to identify each lot, approximate area of each lot, total acreage, and existing Location and width of all existing or proposed streets, rights- of-way, parking areas, and easements on or adjacent to the tract, including right-of-way and pavement widths and street names. Duplication of existing, street names within the  registeredprolessional land surveyor.  2.  3.  subdivisions.  4.  zoning classification.  5.  municipality shall be avoided.  7    6.  Location and size of existing and proposed sewers, water mains, and culverts, buildings, transmission lines, existing and proposed utilities, fire hydrants, and other significant man- Soil percolation test sites and/or deep test pit sites, except  made features.  7. 8. 9.  where public sewers are provided. Location of wetlands.  Existing watercourses, floodplains, wooded areas and other significant natural features. The boundary of the floodplain shall be shown utilizing the Flood Insurance Study for the municipality. The 100 year flood elevation shall be provided. 10. Topographic contours at vertical intervals of a minimum of five  (5) feet with benchmark.  D. The following shall be submitted with the Preliminary Plan:  1.  Review fee and inspection fees. A supplemental fee may. be charged for consultant review of major land development or  where special studies are required. Copies of proposed deed restrictions, if any.  2. 3.  Cross-sections and centerline profiles for each proposed street, and preliminary designs of proposed bridges and Sketch of proposed street layout for the' remainder of the affected parcel where the Preliminary Plan covers only part of  culverts.  4.  nesubdwdershotdings:  5. A description of the means of sewage disposal, including the DER Sewage Facilities Planning Module. See Section 4.11.  8    6. A description of the water supply and, where appropriate,on- lot well testing or approval letters issued for water supply  systems. See Section 4.14.  7. An Erosion and Sedimentation Control Plan to be in effect  during construction oft the proposed subdivision.  8.  A Stormwater Management Plan where slopes exceed eight (8) percent and where other conditions exist as specified in Where street or driveway access to a State highway is needed, as statement that a Highway Occupancy Permit is required. 10. Other documentation and certificates of approval from the 11. A statement that the landowner acknowledges and consents to the presentation of the plan, including the signature of the  Section 4.07 of this Ordinance.  9.  proper authorities as may be required.  landowner.    12. Estimated costs of all proposed or required improvements.  2.04 FINALPLAN  A Final Plani is not required, in the following cases:  A. where the subdivider proposes no site. improvements.  B. where improvements have been installed in accordance with a  prevousiy-approved Preliminary Plan.  Al Final Plan is required of all other cases.  A. The Final Plan shall conform in all respects with the approved Preliminary Plan. Otherwise the plan submitted shall be considered  asarevised Preliminary Plan.  9    B. The applicant shall have a period of five (5) years from the date of preliminary approval in which to submit a Final Plan, unless an  extension of time is requested and granted in writing.  C. The Final Plan may be submitted in sections or phases, each concerning a portion oft the entire subdivision or land development. D. Six (6) copies of the Final Plan and two (2) copies of all other materials and information required by this Ordinance, shall be submitted to the Commission with a letter of intent. The copies of the Final Plan can be either black and white or blue and white prints. The sheet size shall be 18" x2 24". The Final Plan shall be at a scale not to  exceed one hundred (100) feet toi the inch. E. The Final Plan shall show the following data:  1. Title block, containing the name of the.owner of the tract, municipality, date, scale, and certification with seal by a Location map, showing the relation of the tract to adjoining properties, the road and highway system, municipal boundaries, and including an area extending at least one-half (1/2) mile from the subdivision parcel boundaries.  registered professional land surveyor.  2.  3. Tract boundary sketch, showing the location of the proposed development in relation to the entire tract and the names of owners of all adjoining property and all adjacent subdivisions. North arrow, boundary lines by bearings and distances which provide a survey of the area to be developed, closing with an error of not more than one (1) foot in five thousand (5,000) Proposed lot lines by their courses and distances showing bearings to the nearest second and distances to nearest one- one hundredth of a foot, dimensions of areas to be dedicated  4.  feet.  5.  10    to public use, and building setback. lines; total number of parcels or dwelling units, including a numbering system to identify each lot, acreage of each lot, total acreage, and exist- Location and final design and dimension of proposed streets, rights-of-way, parking areas, and easements on or adjacent to the tract, including bearings and distances of rights-of-way and easements, pavement widths and street names. Location and final design of proposed sewers, water. mains, culverts, buildings, transmission lines, fire hydrants, and other Soil percolation test sites and/or deep test pit sites, except Existing watercourses, floodplains, wooded areas and other.  ing zoning classification.  6.  7.  significant man-made features.  8. 9.  where public sewers are provided. significant natural features. (5) feet withbenchmark.  10. Topographic contours at vertical intervals of a minimum, of,five The following information, data, and documents shall be submitted  F.  with the Final Plan:.  1. 2. 3. 4. 5.  Corrected and updated material from the Preliminary Plan.  Review fee.  Copies of proposed deed restrictions, Right-of-Way Use and Final cross-sections and centerline profiles for each street, and Documentation, in accordance with Section 4.11 of this Ordinance, that the subdivider has adequately planned for sewage disposal, including final designs of sewerage systems.  Maintenance Agreements.  final designs of bridges and culverts.  11    6.  Documentation in accordance with Section 4.13 of this Ordinance that the subdivider has adequately planned for watér supply. Where appropriate, such as approval letters or permits issued by the local water authorities, the Department of Environmental Resources or the P.U.C. for water supply Final designs of any stormwater control improvements, and related documentation required in accordance with Section  systems, and final designs of such systems.  7.  4.07 of this Ordinance.  8. 9.  Highway Occupancy Permit, where applicable.  Other documentation and certificates of approval from the property authorities as may be required by the Planning  Commission.  10. Where appropriate, one of the following for guaranteeing improvements for the total tract or for designated phases:  a.  a certification from the Township Engineer that the improvements have been inspected and found to be installed in accordance with specifications; or a guarantee in the form of a bond, certified check or other security satisfactory to the Planning Commission  b.  11. A notarized statement signed by the landowners, that those signing are the owners of the property shown on the plan and that they desire the same to be recorded. This must be dated  following the last revision to the said plan.  12    ARTICLEIII  PLANPROCESSING PROCEDURE  3.00 GENERAL  The Pre-Application Sketch Plan review specified in Section 2.01 is optional. The Preliminary Plan specified in Section 2.02 is mandatory for all subdivisions and land development. Approval of the Preliminary Plan authorizes the construction of The Final Plan specified in Section 2.03 is mandatory for all subdivisions and land development except those determined to be minor. The Final Plan will have incorporated all the changes and modifications required by the Board of Supervi- sors. Approval of the Final Plan authorizes the recording of the plan, construction  specified public improvements and the preparation of Final Plans.  of buildings and selling of land. 3.01 MINOR: SUBDIVISIONS  Minor Subdivisions consisting of three or fewer new lots requiring no new: street need only submit a Modified Plan, the Plat Requirements of which are specified in Section 2.02 of this Ordinance. Plan Processing procedures set forth in Section  3.02 apply to such minor subdivisions.  3.02 PRELIMINARY AND FINALI PLANPROCEDURES  A. Filing  The Applicant, at least ten (10) days prior to the meeting. of the Planning Commission at which consideration is desired, shall file with the Commission six (6) copies of a preliminary plat of the proposed layout of the Subdivision or Land Development. A plan shall be considered filed upon receipt by the Planning Commission of all  required - materials including review fees.  B. Distribution  Immediately upon receipt of the plan proposed for either preliminary or final approval, the Secretary of the Township Planning Commission  13    shall forward one copy of the plan to the County Planning Commis- sion, who shall submit a report advising the Township of its The Commission shall submit copies of the preliminary plat for review to the Township Engineer, Pennsylvania Department of Environmental Resources, and other public agencies and adjacent  recommendations within thirty (30) days.  municipalities as appropriate.  C. Action By Commission and Board of Supervisors  Before taking final action on any plan, the Planning Commission shall receive the advice of the Township Engineer regarding all engineering data including percolation tests, septicsystems, water supply, utilities and any other pertinent data described in Sections 2.02 and 2.03. Before any action is taken on the plan, at least three (3) members of the Planning Commission shall view. the site and evaluate the proposed plan on the basis of all information gathered. Upon review of all information, the Planning Commission shall make recommendations for approval, approval with modifications. or disapproval and communicate such recommendations to the Board of Supervisors. Such review and recommendation shall take place at The Board of Supervisors shall determine whether the preliminary or final plat shall be approved, approved with modifications, or disapproved, and shall notify the Applicant in writing thereof, including, if approved with modifications or disapproved, a statement of reasons for such action and return a copy of the preliminary plat to the Applicant no later than (15) days following the decision. The Board of Supervisors shall render its decision and communicate itt tot the. Applicant not later than ninety (90) days after such application  ascheduled public Planning Commission meeting.  is filed.  14    3.03 RECORDING OF FINALF PLAN  notification of approval of the Final Plan, the subdivider shall  A. Upon  of the approved plan in the office of the Clinton  record one (1) copy of the Final  after approval  County Register and Recorder within ninety (90) days  Plan. Should the subdivider fail to record the Final Plan  the approval of the Board of  within such ninety (90) day period, Supervisors shall be null and void unless an  extension of time is  the subdivider in writing and is granted by the Board of  requested by  date. The Final plans shall be filed  Supervisors before the expiration  with the Clinton County Register and Recorder before proceeding  with the sale of lots or construction of buildings.  the Final Plan after approval by the Board of Supervisors  B.  Recording shall have the effect of an other public ways the subdivider concerning  irrevocable offer to dediçate all streets and to public use, and to dedicate or reserve all park as herein after provided. The approval of the Board of maintenance or improvement of any such  to  use unless reserved by duty upon the municipality of same until actual appropriation of  reservations and other public areas public Supervisors shall not impose any streets, parks, areas or portion  dedicated entry, use, or  -the same by ordinance or resolution, or by  improvement.  3.04 RESUBDIVISION PROCEDURES For any replotting or regulations shall apply as prescribed 3.05 PROCEDURE FOR IMPROVEMENTS  subdivision of land, the same procedure, rules, and  herein for the original subdivision.  INSTALLATION AND APPROVAL OF  A.  General Requirements  required by the Planning Commission may  1.  Improvements include streets, sanitary  sewers, water supply systems,  15    stormwater controls, utilities, or other such improvements Improvements shall be installed by the subdivider prior to Final Plan approval, or a suitable guarantee shall be provided which shall ensure installation of the improvements by the subdivider at the standards set forth in these regulations. The Final Plan shall not be approved until final detailed design of the improvements is approved and the improvements are installed and inspected and determined to be in a satisfactory state of repair, or a suitable guarantee for installation and maintenance  necessary to development of the site.  2.  is provided.  3. Int the case of a phased development, Final Plans may be submitted and improvements may be installed on a phase-by-  phasebasis.  4. The Township shall designate its Engineer or. other designee to approve final design and inspect the installation of  improvements. mprovementcuarantee  B.  1. In lieu of completion of any improvements required as a condition of Final Plan approval, the applicant shall file with the Township a financial security as an improvement guarantee equal to one hundred and ten (110) percent of the estimated cost to install the same improvements estimated as of ninety (90) days after the date scheduled for completion by the developer. Such guarantee may consist of an irrevocable letter of credit, a restricted or escrowed bank account or For phased development, financial security in lieu of improvement completion need cover only the phase for which  acceptable performance bond.  Final Plan approval is sought.  16    Such financial security shall be posted with a bonding company or Federal or Commonwealth chartered lending institution chosen by the party posting the financial security, provided said bonding company or lending institution is authorized to conduct such business within the Such bond, or other security shall provide for, and secure to the public, the completion of any improvements which may be required on or before the date fixed in the formal action of approval or accompanying agreement for completion of the The cost of the required improvements shall be established by a registered professional engineer selected by the applicant and submitted to the Commission for approval. The Planning Commission may choose to reject such estimates for good  Commonwealth.  improvements.  *  cause shown.  2. Ifthe developer and the Planning Commission are unable to agree upon an estimate, then the estimate shall be recalculated and rectified by a registered professional engineer chosen mutually by the Commission and the developer. The estimate certified by the engineer shall be presumed fair and reasonable, and shall be the final estimate. In the event an engineer is sO chosen, fees for the services of said engineer shall be paid equally by the Commission and the developer. Should the completion of the required improvements require more than one (1) year, the Planning Commission may increase the amount of financial security by an additional ten percent ten (10) percent for each one (1) year period beyond the first anniversary date of the posting of the original security or to an amount not exceeding ore hundred and ten (110) percent of the cost of completing the required improvements  3.  17    as reestablished on or about the expiration of the preceding  one (1) year period.  4. Ifad development is projected over a period of years, the Planning Commission may authorize submission of plans by stages, which shall be subject to such requirements or guarantees as the Commission deems essential for the protec- tion of any finally approved section of the development.  C. Release from Improvement Guarantee  1. The Board of Supervisors may authorize the release to the developer of such portions of the security necessary for payment to the contractor or contractors performing the installation of required improvements. Any request for the release of funds shall be in writing to the Board of Supervisors which-shall have forty-five (45) days from receipt of the request to authorize its engineer to complete inspection of and certify, inv writing, that the improvements to be covered by the funds Under certain conditions the Board of Supervisors may agree too other procedures for the release of portions of any posted financial security sO long as the work has been done in When all necessary improvements have been completed the developer shall notify the Township in writing' by certified or registered mail of said completion. The Board of Supervisors shall, within ten (10) days after receipt of such notice, authorize final inspection by its engineer of the aforesaid mprovements. A report shall be made in writing by certified mail to the developer within thirty (30) days of the inspection authorization and shall indicate approval or rejection of the  have been completed satisfactorily.  2.  accordance with the terms of plan approval.  3.  completed improvements.  18    4.  Upon approval of the completed improvements, the Township shall release to the developer those funds remaining in the financial security deposit including all interest accrued there- under. Prior to release of: such funds, the developer shall guarantee in writing the structural integrity of the  improvements for a period of one (1)year..  5. Ifany portion of the completed improvements shall be found not satisfactory, the aforementioned written report shall contain a statement of reasons for rejection. The developer shall proceed to correct or complete those improvements and upon completion shall notify the Township by those Iffi financial seçurity has been provided in lieu of the completion of improvements required as a condition for the Final Plan approval as set forth in this Section, the Township shall not condition the issuance of building, grading or other permits relating to the erection or placement of improvements, including buildings, upon the lots or land as depicted upon the final plat upon actual completion of thei improvements depicted upon the approved final plat. Moreover, if said financial security has been provided, occupancy permits for any build- ing or buildings to be erected shall not be withheld following: the improvement of the streets providing access to and from existing public roads to such building or buildings to a mud- free or otherwise permanently passable condition, as well as the completion of all other improvements as depicted upon the approved plat, either upon the lot or lots or beyond the lot or lots in question if such improvements are necessary. for the reasonable use or occupancy of the building or buildings. Any ordinance or statute inconsistent herewith is hereby expressly  procedures contained in this Section.  6.  repealed.  19    D.  Dedication of Improvements  1.  Where the subdivider proposes to dedicate improvements to the municipality, a deed, which dedicâtes the land and such improvements to the municipality and is duly signed by the subdivider and Township Supervisors, shall be recorded with the Final Plan. In accepting the deed of dedication and approving the Final Plan, the municipality accepts ownership and maintenance responsibility for the improvements shown Where the Township accepts dedication of all or some of the required improvements, the Board of Supervisors may require up to fifteen (15) percent of the actual cost of improvements for financial security to insure the structural integrity of those improvements for a term not to exceed eighteen (18) months The Board of Supervisors may approve a Final Plan without an offer of dedication of streets or other improvements, provided that such improvements are noted as private on the Final Plan. The subdivider shall also be required to provide a notice in each deed, lease, or conveyance setting forth an arrangement between the subdivider and buyer or lessee for maintenance  on the Final Plan.  2.  from the date of acceptance of dedication.  3.  ofa any such improvements.  3.06 FEESCHEDULE  A. All fees shall be payable to Wayne Township. These fees are designed to cover part of the costs of plan review services provided  by the Wayne Township Planning Commission.  B. The Township Supervisors shall establish by Resolution a standard schedule of fees for review of all subdivision or land development  proposals.  20    C. An additional review fee may be charged to the developer to cover the Township's consultant or engineer fee. This may apply in the review of a large land development or where special environmental  studies were required.  D. Inspection fees, if any, shall be reimbursed to the Township by the developer. Such fees shall be reasonable and shall represent the necessary expenses of the Township Engineer or other designee for  inspection of installed required improvements. E. Int the event the applicant disputes the fee amount:  1. The applicant shall, within ten (10) days of the date of billing, notify the Planning Commission that such fees are disputed as unreasonable or unnecessary, in which case the Commission shall not delay or disapprove a subdivision or land development application or any approval or permit related to development due to the applicant's request over disputed  fees.  a  2. If_within thirty (30) days from the date of billing, the Commission and the applicant cannot agree on the fee amount, then the. applicant and Commission shall jointly, appoint a professional engineer licensed as such in the Commonwealth of Pennsylvania, to review the fees and determine the amount which is reasonable and necessary. 3. The appointed professional engineer shall hear such evidence and review such. documentation as he deems necessary and render a decision within. fifty (50) days of the billing date. The applicant shall be required to pay the entire amount  determined ini the decision immediately.  21    ARTICLEIV  DESIGN AND CONSTRUCTION: - STANDARDS  4.00 GENERAL  The standards and requirements contained in this Article shall apply as minimum design standards for subdivisions and/or land developments. Whenever other- Township ordinances or regulations impose more restrictive standards and requirements than those contained herein, the more restrictive shall apply.  4.01 SUITABILITYOFLAND  Land subject to hazards to life, safety, health or property (including flooding or steep slopes) shall not be subdivided or developed for use until such hazards have been eliminated or unless adequate safeguards against such hazards are provided  for in the Subdivision and Land Development Ordinance.  4.02 STREETS A.  Street Classification  1.  The State Highway System includes all public roads operated and maintained by the Pennsylvania Department of The Municipal Street System includes all public roads maintained by Wayne Township. Subdividers proposing public dedication of streets within a subdivision shall submit road design and construction plans. A deed which dedicates to the Township the land to be used as a public street shall be Private streets include all streets not dedicated, accepted, and maintained by the Township as public streets. Private streets may be permitted where the following conditions can be met:  Transportation (PennDOT).  2.  recorded with the Final Plan.  3.  a.  A survey of the centerline of the private right-of-way shall be shown on the plot plans along with a notation identifying the street and right-of-way as being private.  22    b. The subdivider shall provide a Right-of-Way Use and Maintenance Agreement in each deed, lease, or conveyance prescribing a right-of-way width and location and setting forth an arrangement between the subdivider and buyer or lessee for improvement and Where an existing private right-of-way is proposed, the subdivider shall provide a Right-of-Way Use and Maintenance Agreement signed by all property owners using the right-of-way if such an Agreement has not been previously included in the existing deeds. This Agreement shall be recorded with the Final Plan and prescribe a right-of-way width and location and state the level of intended maintenance of the private right-of-  maintenance of the private right-of-way.  C.  way.  B. Street Definitions  Private. Aroad whose function is to provide access to no more than five (5) abutting properties. It is not dedicated, accepted or maintained as a public street. It conforms to the conditions of Section Local. A street whose sole function is to provide access to abutting proprieties. Itserves ori is designed to serve no more than twenty-five (25) dwelling units and can handle approximately two hundred (200) Collector. A street whose principal function is to carry traffic between local and arterial streets but that may also provide direct access to abutting properties. It is designed to carry two hundred to eight Arterial. A major street that serves as an avenue for traffic into and out oft the Township and carries high volumes oft traffic.  4.02A3c ofthis Ordinance.  trips per day.  hundred (200-800) trips per day.  23    C. Access  1. Inc order to protect the public safety, the Planning Commission may restrict access onto a public street or highway to specific  locations shown on the plot plan.  2. Any, subdivision or land development plan proposing any new public or private streets or any new driveway(s) accessing a state highway shall contain a notice that a Highway Occupancy Permit must be issued by PennDOT before construction of access onto the state highway can be initiated. Additionally, the Subdivider or Developer must submit a copy of the Permit issued by PennDOT prior to subdivision approval. Subdividers or Developers proposing any new public or private streets or any new driveway(s) accessing onto a Township road shall contain a notice that a Zoning Permit must be issued by the Township Zoning Officer before construction of access onto the municipal road can be initiated. A copy of the Highway Occupancy Permit must be submitted prior. to subdi-  3.  visionapproval.  D.  Street Pattern  1. All subdivision plans shall extend or continue existing rights-of- way at a width no less than required by the adopted Local streets within a new development or subdivision shall be laid out to discourage through traffic. Local streets shall generally not provide access to more than twenty-five(25) lots, shall be laid out to discourage short cuts to streets or property beyond the subdivision, and shall minimize traffic speeds using appropriate posting. Howeyer, provision for the extension and continuation of collector streets into and from adjoining areas  minimums, as specified by this Ordinance.  2.  shall be required.  24    3.  Where a subdivision or land development abuts or contains an existing or proposed collector street, the Planning Commission may require marginal access streets, reverse frontage lots, or such other treatment as will provide protection for abutting properties, reduction in the number of intersections with the arterial street, and separation of local and throughtraffic. 4. Ifthe lots in a development are large enough for resubdivision, or if a portion of the tract is not subdivided, suitable access and street openings for such an eventuality shall be provided.  E.  Street Design  1. All streets proposed for dedication to the municipality shall meet the design requirements of the current Guidelines for Design of Local Roads and Streets as published by PennDOT. Minimum right-of-way, cartway widths and street grades are Private roads serving fewer than five (5) properties may apply for exception to the standards of Table 1. However, private roads shall provide a minimum subbase and wearing surface of six (6) inches of compacted stone and four (4) inches of 2 All private and public streets shall be provided with a leveling area having a grade of no more than four (4) percent for a distance of twenty-five (25) feet measured from the edge of the  CA  2. 3.  shown in Table 1.  RC or similar material.  4.  shoulder or curb of the intersecting street.  F.  Intersections 1.  Streets shall be laid out as to intersect as nearly as possible at ninety (90) degree angles. Multiple intersection involving the junction of more than two (2) streets shall be avoided  whenever possible.  25    2.  Property lines at intersections shall be rounded with radii at thirty-five (35) feet for local streets and fifty (50) feet for.  colléctor streets.,  TABLE 1. DESIGN STANDARDS FOR PRIVATE AND PUBLIC STREETS  Collector Streets 50ft 24ft. 8% 300ft. 300ft.  Private2 Street 50ft 16ft. 12%  Local Streets 1 50ft 20ft. 10% 175ft 150ft.  Right-of-WayWidth Cartway Width Maximum Grade  Minimum Radius at Centerline for Horizontal Curves Minimum Sight Distance Cul-de-Sacs: Diameter of Turnaround Right-of-Way Diameter ofTurnaround Cartway  100ft. 80ft  80ft. 60ft.  3.  Streets entering opposite sides of another street shall be laid out directly opposite each other; or if necessary, or where encouraged by the Commission, they shall be separated by at least one hundred and fifty (150) feet between centerlines,  measured along thei intersected thoroughfare.  1lalleys or service drives are proposed, they shall have a minimum right-of-way width of 201 feet. 2Private streets serving fewer than five (5) lots or dwelling units may be exempt from the above standards, pending Planning Commission approval. Otherwise, the standards stated apply.  26    4.  Intersections along collector and arterial streets shall be located not less than eight hundred (800) feet apart between At all street intersections no obstruction to vision exceeding thirty (30) inches in height above the established grade of the street at the property line shall be erected or maintained on any lot within a triangle formed by a line drawn between points along adjacent street centerlines located seventy-tive (75) feet  centerlines.  5.  distant from their point ofi intersection.  G. Cul-de-sacStreets  1.  Cul-de-sac streets shall be provided with a turnaround and shall not exceed eight hundred (800) feet in length or serve more than twenty (20) lots or dwelling units, whichever is Cul-de-sacs shall be graded and surfaced in like manner of the street and shall have a minimum right-of-way diameter of one  lesser.  2.  hundred (100) feet.  3. 4.  Dead-end streets require cul-de-sacs.  Any street dead-ended for access to an adjoining property, or because of phased development, shall be provided with a Innovative alternatives to the standard circular turnaround may be permitted by the Township where an equivalent turnaround is provided. However, the use of any alternative may jeopar- dize eligibility for PennDOT Liquid Fuels Tax reimbursement for  temporary all-weather turnaround.  5.  the cul-de-sac street.  27    H. Driveways  1. All proposed lots or land development shall be situated in such at fashion sO that safe driveway access onto a public or private In a situation where significant safety hazards exist, such as excessive slope or areas of extremely limited sight distançe, the Planning Commission may require, prior to granting final approval, that the subdividér place a deed restriction on the lot requiring guidelines compliance when a driveway is proposed  road can be provided in accord with Table 2.  2.  for construction. Street Names and Signs  I.  1. The Planning Commission shall approve street names at the time of Preliminary Plan approval. The local Post Master shall be consulted in this regard. Names shall be different in sound and in spelling from other road names in the Township sO as not to cause confusion. A road which is planned as a continuation of an existing road shall bear the same name. The Subdivision or Land Development shall be provided with street name signs at all intersections. Such signs shall conform to Township specifications and shall be installed by  2.  the Subdivider or Developer at his expense.  4.03 SIDEWALKS  Wherever the lots in a proposed Subdivision or Land Development will result in a density of four (4) or more families per net acre, or where multi-family dwellings are  provided, sidewalks shall be installed.  28    TABLE2. DRIVEWAY DESIGN GUIDELINES  Typeof Development A. Single Unit B. Multi-Unit Residential C. Non-Residential  Minimum Width1 10ft. 15ft. 15ft.  Maximum Grade 15% 12% 8%  Minimum Intervals? 40ft. 50ft. 50ft.  Minimum Sight Distance3 150ft. 200ft. 300ft.  4.04 BLOCKS  A. The length, width and shape of blocks shall be determined with due  regard to: 1. 2. 3.  Provision of adequate sites for  of  .  buildings the type proposed.  Topography.  Requirements for. safe and convenient vehicular and  pedestrian circulations.  B.  Blocks should have a maximum length of sixteen hundred (1,600) feet, and sO far as practicable, a minimum length of five hundred (500) feet. In the design of blocks longer than eleven hundred (1,100) feet, special consideration shall be given to the provision of  satisfactory fire protection.  1Driveway widths apply to intersections with 90 degree angles. Where a driveway forms less thana  90 degree angle with the access street, a wider driveway width will ber required. 2The minimum interval shall apply between an intersection and the first driveway.  3Minimum sight distance shall be measured from the point ofi intersection of the driveway centerline and the street right-of-way line to a point on the cartway centerline. No significant obstructions or plantings higher than 30 inches or tree limbs lower than eight (8) feet shall be permitted within this 4For the purposes of driveway design, the multi-unit residential design criteria shall be used for driveways providing access to five (5) or more dwelling units. All other dwelling units shall meet the.  area.  driveway requirements for single-famlyresidental use.  29    4.05 BUILDING LINES  The minimum building line, measured from the required right-of-way line shall be as stated in the Zoning Ordinance. Where sub-surface disposal is indicated, the distance from the right-of-way line, to the building line shall be adequate to provide area for the sub-surface drainage field. For other than residential lots, the Corner lots shall have extra width to permit the appropriate building setback from  Commission may require additional setbacks.  both streets. 4.06 LOTSIZE Ordinance.  Lot size shall be controlled by the provisions of the Wayne Township Zoning  4.07 STORMWATER MANAGEMENT A. General Requirements  1. All land development requires an Erosion and Sedimentation Control Plan for controlling erosion during the construction  F phase.  2. A Stormwater Management Plan must be' submitted for the  following land development:  a. b. C. d. e.  sites with slopes which exceed eight (8) percent multi family residential development  mobile home parks commercial development industrial development  3.  The Planning Commission shall request that the Clinton County Conservation District review and comment on  30    Stormwater Management Plans. All Stormwater Management Plans shall be responsive to the suggestions of the  Conservation District.  4. All subdivision and land development proposals shall meet the requirements of the local Watershed Stormwater Management  Plani in effect or hereinafter adopted.  B.  PlanRequirements  1.  The Erosion and Sedimentation Control Plan shall be prepared by the Developer or a knowledgeable designee who shall consider the potential for accelerated soil erosion resulting from construction, high density development, or steep slopes. Soil erosion and sedimentation control measures shall be designed to protect existing vegetation and minimize the area and time of. soil exposure, and may include structural improvements to the site such as diversion terraces, grassed waterways and sedimentation basins. The, plan must comply with the most recent DER regulations or guidelines forzsoil The Stormwater Management Plan for the proposed  erosion and sedimentation control in effect.  2.  subdivision shall include al brief description of:  a.  existing drainage patterns and stormwater runoff characteristics of the site, including any existing drainage or stormwater runoff problems and facilities; b. the anticipated impact that future development of the property will have on existing stormwater runoff and the type of structural and nonstructural improvements planned to control post development stormwater runoff.  drainage patterns; and  C.  3. The proposed location of structural and nonstructural improvements shall be shown on the plot plan. The Planning  31    Commission may also require the Developer to include contours on the plot plan in order to better evaluate the Separate, detailed specifications, including cross-sections, profiles, etc., shall be submitted for all structural stormwater control improvements, such as swales, seepage pits, and The Stormwater Management Plan shall include a proposal for ownership and maintenance of all stormwater control  proposed stormwater control techniques.  4.  retention and detention basins.  5.  improvements as follows:  a.  Where the Developer proposes to dedicate such improvements to the municipality, a deed which dedicates the land to be used for stormwater control improvements to the municipality shall be recorded with the Final Plan. A copy of the deed and a letter from the Township stating their intent to accept ownership and maintenance responsibility shall be submitted with the Alternatively, an Ownership and Maintenance Agreement, which specified ownership and assigns maintenance responsibility for the proposed improvements to either the Developer or among property owners within the subdivision, shall be recorded with the Final Plan and referenced in the deeds to each property within the subdivision.  subdivision plan.  b.  C. Design Standards  1.  Stormwater management controls shall be designed sO that the peak rate of runoff during and after construction shall be no greater than the peak rate of runoff prior to development. Improvements shall slow the rate of runoff, unless otherwise required by the local Stormwater Management Plan in effect.  2.  32    Such improvements may include, but are not limited to, deed covenants which restrict the allowable impervious area on each lot, the provision of drainage easements, parabolic swales, seepage pits, and detention and retention basins. Specifications for proposed stormwater improvements shall be evaluated by the Planning Commission, in consultation with the County Conservation District, on a case by case basis. The site plan shall feature retention of existing vegetation to the  3.  4.  greatest extent possible.  4.08 DRAINAGE EASEMENTS  Where a subdivision or land development is traversed by a water course, drainage way, channel, or stream, there shall be a drainage easement conforming substantially with the line of such drainage way and of such width as will. be adequate to preserve the unimpeded flow of natural drainage without damaging adjacent property. Drainage easements shall also be provided for the maintenance and protection of storm sewers and other storm water management facilities. Easements shall permit necessary public or private channel maintenance or Land development shall be kept a minimum of fifty (50) feet from the bank of the  improvement work and access of equipment.  drainage way. Soil disturbance shall be prohibited within this area.  4.09 UTILITIES  A. Utility Easements  The width and location of utility easements shall be as specified by the particular utility company. To the maximum extent possible easements shall be centered on or located adjacent to side or. rear property lines or adjacent to the street right-of-way int the front yard. If feasible, utility easements may also be located within the street right-  of-way.  B.  Underground Installation  33    Utilities including electric and telephone shall be installed underground in àccord with the Pennsylvania Public Utility Commission (PUC) Regulation 52 PA Code Section 57.82. Underground utilities are not required for any of the following  situations: 1.  For a residential subdivision of fewer than five (5) lots bordering an existing street which is presently served by For service to a commercial ori industrial development. For a project where a variance under the above cited Regulation has been granted by the Pennsylvania PUC.  overhead utility service.  2. 3.  C. The width of utility easements shall be as specified by the particular company. Subdividers may be required to provide the Planning Commission with documentation from the utility companies involved  asto the adequacy of utility easements. centered on side or rear lot lines.  D. To the fullest extent possible, easements for public utilities shall be E. Where natural gas, petroleum, or high ténsion lines are located within or. adjacent to the Subdivision or Land Development, the subdivider shall contact the Utility Company involved to determine any special Whenever a developer installs or causes to be installed any utility line, the developer shall, as soon as practicable after installation is complete, and before acceptance of any water or sewer line, furnish the Township with a copy of As-built Drawings. Compliance with this requirement shall be a condition of the continued validity of the permit  conditions that may be required.  F.  authorizing such development.  34    4.10 LANDSCAPING  A. Protection of Natural Features - The proposed development shall avoid excessive earth moving, treé clearance, and destruction of natural amenities. Natural features such as streams and woods shall be preserved and incorporated into the design of the development. The applicant shall demonstrate the means whereby trees and other natural features shall be protected during construction. The location of such natural features must be considered when planning the loca- tion of buildings, underground services, walks, paved areas, and  finished grade levels.  B. Existing Wood Areas - Existing hedgerows and wooded areas shall be protected to prevent injury during construction. Healthy trees with ac caliper of six (6) inches or more as measured at a height of four and one-half (4 1/2) feet above existing grade, shall not be removed unless they are located within fifteen (15) feet any planned improvement. In areas where trees are retained, the original grade level shall be generally maintained sO as not to disturb the trees. C. Perimeter Screening at Certain Zoning Boundaries - A planted buffer yard of fifty (50) foot width shall be required where any proposed non- residential use abuts a predominantly residential area. Such screening requirements are specified in Article IX of the Zoning  Ordinance.  D. Buffer Yards consisting of trees may be required where adjacent land  uses are deemed incongruous by the Township.  4.11 SEWAGEFACILITIES  A.  Sewage facilities shall be designed in accordance with regulations and standards of the Township Sewage Enforcement Officer (SEO) and the Pennsylvania Department of Environmental Resources (DER). Planning modules must be approved by DER. The Township SEO cannot issue permits without the DER approved module.  35    B.  High-Density Development - Where four (4) or more units per acre are proposed, sanitary sewage facilities shall connect with the public sanitary sewage system. Sewers shall be installed to serve each lot and/or unit. Grades and sizes shall be as required by the Township. No on-lot septic or centralized disposal systems shall be permitted. Sanitary sewerage facilities including laterals in the right-of-way shall be subject to the specifications, rules, regulations, and guidelines of  the Township Engineer and DER.  C. Low- and Medium-Density Development - Where three (3) or fewer units per acre are proposed, sanitary sewage systems shall be  constructed as follows.  1.  Where the public sewage system is reasonably accessible, the applicant shall connect with the system and provide sewers Where the public sewage system is not reasonably accessible but will become available within ten (10) years, the applicant  accessible to each lot/unit int the subdivision.  2.  may choose one of the following alternatives:  a.  Central sewage system, the maintenance cost to be assessed against each property benefited. Where plans for future public sanitary sewerage systems exist, the applicant shall install the sewer lines, laterals, and mains to be in permanent conformance with such plans and ready for connection to such public sewer mains; On-lot septic systems, provided the applicant shall install sanitary sewer lines, laterals, and mains from the street curb to a point in the subdivision boundary where a future connection with the public sewer main shall be. made. Sewer lines shall be laid from the house to the street line, and a connection shall be available in the home to connect from the individual disposal system to  or  b.  36    the sewer system when the public sewers become available. Such sewer systems shall be capped until ready for installation of the public sewer system, and shall be ready for connection to such public sewer  main.  3.  Where the public sanitary sewage system is not reasonable accessible and will not become available within ten (10) years, the applicant may choose one of the following alternatives:  a.  Central sewerage system, the maintenance cost to be assessed against each property benefited. Lots between ten thousand (10,000) and twenty thousand (20,000) square feet shall be required to use this option On-lot septic systems, except for lots smaller than  where no public sewers are available. twenty thousand (20,000) square feet.  b.  D. Mandatory Connection to Public's Sewer System - If a public sanitary sewer is accessible, the owner thereof shall be required to connect to the public sewer for the purpose of disposing of waste, and it shall be unlawful for any such owner or occupant to maintain an on-lot sewage disposal system. An accessible public sewer is one which is placed in a street or alley abutting the property or is within 200' of the  unit.  E. Individual Disposal System Requirements - If public sewer facilities are not available and on-lot systems are proposed, minimum lot areas shall conform to the requirements of the Zoning Ordinance. Percolation tests and test holes shall be made as directed by the Township Sewage Enforcement Officer (SEO) and the results submitted to the Pennsylvania Department of Environmental Resources (DER). The on-lot systems including the size of the septic tanks and size of the tile fields or other secondary treatment device, shall also be approved by the Sewage Enforcement Officer.  37    4.12 SEVERE SOILS LIMITATIONS  For development involving building construction or the use of on-lot sewage disposal systems on lands with soils characterized by "severe limitations" in the current Clinton County Soil Survey, the Developer shall prepare thet following:  A. A map of the site that depicts those soils contained on the site. Soils with severe development constraints shall be highlighted and the location of existing and proposed improvements shown.  B. A description of the methods to be used to protect groundwater supplies where there are soils with severe development constraints. C. Ad description of the consiructontechnques to be used to assure that  the site can safely accommodate the proposed use.  4.13 STEEP AND SEVERE SLOPES  A. For development of hillsides, the Developer shall prepare the  following:  Development plans shall show the location of steep (15-25%) and severe (greater than 25%) slope areas. These areas may be delineated from U.S. Geological Survey topographic maps, or ifa greater level of detail is necessary, a field survey compiled by a registered land surveyor, engineer, landscape architect, or geologist  may be required.  B. The following protection requirements shall be required for all subdivision and land development activity in steep and severe slope  areas: 1.  Erosion and Sedimentation Control Plan. An erosion and sedimentation control plan shall be required prior to disturbance of any steep or severe slope area. In addition, a Stormwater Management Plan shall be required in accordance with provisions of Section 4.07 oft this Ordinance.  38    2. Soil Stability Analysis. The Planning Commission may require that a soil stability analysis be performed by a Professional Soil Scientist prior to the disturbance of steep slope areas. This analysis shall evaluate the impact upon the stability of the Final Plan approval shall require incorporation of mitigation Severe slopes (in excess of 25%) shall not be developed, nor their soil disturbed without a professional soil stability analysis.  slope and shall include mitigationtechniques.  3. 4.  measures ini the site design.  4.14 WATER SUPPLY  A. Whenever feasible, a development shall connect to an existing public B. Where individual on-site water supply system is to be utilized, each lot sO served shall be of a size and shape to allow safe location of such a Where groundwater. problems are known to exist, or where anticipated levels of development may result in water supply problems, the Planning Commission may require the Developer to demonstrate that a reliable, safe and adequate groundwater supply exists to support the water usage demands of the proposed subdivision without detrimental effects upon existing adjacent water wells. The standards set forth in the Safe Drinking Water Act shall be  water supply system.  system, in accordance with all applicable standards.  C.  used.  D. Ifv water is to be provided by. other than individual on-site systems (wells owned and maintained by the individual lot owners), the Final Plan must include evidence that the subdivision or development will  be supplied by one of the following: certificated public utility,  1. 2.  al bonafide cooperative association of lot owners,  39    3.  amunicipal corporation, authority or utility.  Acceptable evidence of the above would include a copy of the Certificate of Public Convenience from the Pennsylvania Public Utility Commission (PUC) or an application for such certificate, acooperative agreement or commitment to serve the area in  question, whichever is appropriate.  E. New public water systems which are to service new land development shall be designed and constructed in accordance with the regulations of the Department of Environmental Resources. The developer shall submit a copy of the appropriate DER approval letter or permit for construction and operation of the new public water Extensions to existing water systems shall be designed and constructed in accordance with the regulations of the City of Lock Haven. The developer shall submit a. letter from the appropriate water authority approving the extension toi the existing system. G. Wherever the water supply system contains sufficient capability or will in the foreseeable future, with or without developer assistance, fire hydrants shall be provided. Fire hydrants shall meet the specifi- cations of the Middle Department Association of Fire Underwriters,  system.  F.  and the local fire company.  4.15 MONUMENTS AND MARKERS  A.  Placement and Marking Monuments and markers must SO be placed that the scored or marked point coincides exactly with the point of intersection of the lines being monumented. They must be set SO that the top of the monument or marker is level with the surface of the surrounding ground. Concrete monuments shall be marked on top  with a brass or bronze dowel.  B. Location Monuments and Lot Markers Monuments shall be located along street lines, rear common property lines, or at other locations  40    as required by the Township. Lot markers shall be located at all lot Removal - Any monuments or markers that are removed must be replaced by a Registered Engineer or Surveyor or the Developer at  corners.  C.  the expense of the personremovingi them.  41    ARTICLEV LAND DEVELOPMENT  5.00 GENERAL  Land developments shall be evaluated by the Township according to the standards outlined in this Section. The detail required in the preparation of the land development plan is dependent upon the type of land development, whether major  or minor, the criteria of which is stated bélow. 5.01 TYPES OFLAND DEVELOPMENT  A.  Minor Land Development  A plan for a minor land development shall be prepared in accord with the Plat Requirements specified for a Sketch Plan in Séction 2.01 of this Ordinance. A minor land development shall be defined as: 1. A single non-residential building of less than two thousand  (2,000) square feet; or  2.  The placement of two (2) single family detached dwellings ona  single lot.  B. Major Land Development  Ar major land development shall be prepared in accord with the Plat Requirements specified for Preliminary and Final Plans in Sections 2.02 and 2.03 of this Ordinance. A major land development shall 1. A non-residential building greater than 2,000 square feet in 2. Two (2) or more non-residential buildings on a single lot; or 3. Three (3) or more residential dwellings on a single lot.  include:  size; or  42    C. Phased Development  Phased development shall be considered major land development. Each phase shall consist of a minimum of three (3) contiguous parcels. Plans for each phase shall be prepared in accordance with  Sections 2.02 and 2.03 of this Ordinance Land Development Exceptions  D.  The following shall not be regarded as land development in Wayne Township. However, applicable zoning regulations shall apply:  1.  The conversion of an existing single-family detached dwelling or single-family semi-detached dwelling into not more. than three residential units, unless such units are intended to be a The addition of any accessory building, including farm buildings, on a lot or lots subordinate to an existing principal The addition or conversion of buildings or rides within the confines of an. amusement park. For purposes of this subclass, an amusement park is defined as a tract or area used principally as a. location for permanent amusement  condominium;or  2.  building; or  A  3.  structures or rides.  5.02 CAMPGROUNDS  A.  Preliminary and Final Plans for the campground prepared in accordance with Articles II, III and IV of this Ordinance shall be  submitted to the Township Planning Commission.  B. All campgrounds shall require a Campground Permit issued by the C. Campers and recreational vehicles are allowed for a maximum period  Pennsylvania Department of Environmental Resources.  of six (6) months per year.  43    D.  Unregistered vehicles are prohibited unless kept within a garage. E. All internal.streets within the campground shall meet the following  design standards:  1. 2. 3.  Minimum subbase - Six (6) inches of compacted stone. Minimum base and wearing surface - Four (4) inches of 2F RC  or similar material.  Minimum cartway ten (10) foot width.  F.  There shall be adequate off-street parking spaces for each camping space or lot within the campground, located within two hundred (200)  feet of the camping space or lot to be served.  G. Sewage facilities shall be designed and constructed in accordance with the standards of the Pennsylvania Department of Environmental Resources, and shall meet thet following requirements:  1.  For campgrounds designed to accommodate travel trailers or recreational vehicles, one sanitary station shall be provided for every one hundred (100) trailer spaces. A sanitary station is a DER approved facility where sewage from trailer holding tanks Toilets, sinks and showers shall also be provided. One (1) male and one (1) female lavatory shall be required for each  isd disposed.  2.  fifteen (15) tent or travel trailer spaces.  5.03 MULTIPLE FAMILY DWELLING DEVELOPMENTS  A. All pertinent standards from the Wayne Township Zoning Ordinance  shall apply.  B.  Preliminary and Final Plans shall be submitted to the Township Planning Commission in accordance with. Articles II, III, and IV ofthis  Ordinance.  44    C. The developer shall submit with the land development or subdivision  plan thet following:  1. 2.  Description of the type of multiple family. dwelling proposed, indicating the number of dwelling units per structure. Description of the maintenance of all facilities which are shared by residents within the proposed development. If the developer proposes to subdivide and convey individual dwelling units within the development, an agreement which assigns maintenance responsibility for commonly. used facilities shall be recorded with the subdivision plan and refer- enced in the deeds for all properties in the development. 3. Ifthe developer proposes to subdivide and convey individual dwelling units within the development, an exact legal description of the areas or dwelling units to be conveyed shall  :  be provided.  D. Access to public streets shall be limited to well defined entrance and E. AI minimum of five hundred (500) square. feet of usable open space, exclusive of streets, parking areas, structures, and service areas shall be provided for. each dwelling unit within the development. If existing trees are not present, at least one (1) shade tree shall be provided as Buffer yards may be required by the Township where adjacent land use dictates their placement. Developers shall protect and utilize  s  exit lanes.  part of this open space.  F.  natural hedgerows, where possible for this purpose.  5.04 COMMERCIAL AND INDUSTRIAL LAND DEVELOPMENTS  Commercial Land Developments, including, but not limited to shopping centers, motels, and Industrial Land Developments such as industrial parks and multiple  45    tenant industrial buildings shall comply with all applicable standards of the Town- ship Zoning Ordinance. In addition the following standards shall apply:  A. Access to public streets shall be limited to well defined entrance and B. Painted lines, arrows, and dividers shall be provided and maintained to control parking and internal circulation. Customer parking and driving lanes shall be separated from delivery drives and loading  exit lanes.  areas.  C. All parking areas, service drives, loading areas, driveways, and internal roadways shall be constructed according to the standards for collector streets as specified in Article IV of this Ordinance.  D. All proposed commercial and industrial uses located adjacent to residential zones shall have a planted buffer of fifty (50) foot width and bei inconformance with. Article IX oft the Zoning Ordinance. Commercial and industrial development involving soil disturbance of two thousand (2,000) square feet or more shall require a Stormwater Management Plan as specified in Section 4.07 oft this Ordinance.  E.  46    ARTICLEVI MOBILE HOME PARKS  6.00 GENERAL  Mobile home parks are permitted only in those zoning districts as specified in the Wayne Township Zoning Ordinance. Every proposed mobile home park must meet the requirements of this Article as well as all the requirements pertaining to Each mobile home placed in a mobile home park shall secure an Occupancy  major land development, unless otherwise excepted.  Permit prior to its use as living quarters.  6.01 SITE PLAN REQUIREMENTS AND PROCEDURES  Application for a mobile home park shall require the submission of six (6) copies of the Preliminary and Final Plans to the Township Planning Commission in accordance with Articles II and III of this Ordinance. In addition, all design standards as contained in Article IV ofthis Ordinance shall apply, unless delineated  7 %  by thisArticle.  6.02: DESIGNSTANDARDS  A. Minimum Park Area. Each mobile home park shall have a gross area of at least two (2) contiguous acres of land suitable for development.  B. Grading and Ground Cover Requirements.  1.  The developer shall retain existing vegetation to the greatest extent possible in order to prevent soil erosion. accordance with Section 4.07 of this Ordinance.  2. A Stormwater Management Plan shall be submitted in  C. Mobile Home Park Lot Requirements  1.  Gross Density. The maximum number of mobile home lots within every mobile home park shall be no more than four (4)  lots per acre oft the gross area.  47    2.  Minimum Lot Sizes. The minimum mobile home lot shall contain no less than six thousand (6,000) square feet. The minimum width of any mobile home lot shall be not less than Innovative Site Design. Variations in lot size may be permitted for innovative design deemed desirable by the Planning  sixty (60) feet.  3.  Commission.  D.  Setbacks, Buffer Strips and Screening Requirements  1.  Setbacks from Public Roads. All mobile homes and auxiliary structures shall be located at least seventy-five (75) feet from the centerline of any abutting public road or street. Park Perimeter Buffer Strips. All mobile homes and auxiliary structures shall be located at least fifty (50) feet from the mobile home park boundary lines. If a suitable attractive, effective screening either man-made or of natural plantings is provided along the perimeter, this minimum buffer strip may be  2.  reduced to twenty-five (25) feet. Existing Hedgerows.  3. 4.  Developers shall utilize existing  hedgerows as buffer, wherever possible.  Adjacent Commercial or Industrial Zones. All mobile home parks located adjacent to industrial or commercial land uses or zone districts shall have a buffer yard of twenty-five (25) foot width consisting of fencing, trees and shrubbery. Fencing may be waived by the Planning Commission where a sufficiently dense existing hedgerow is utilized as the buffer. Screening shall be in conformance with Article IX of the Zoning Ordinance. Repair, maintenance, and storage areas or buildings shall be effectively and attractively screened from the mobile home lots and streets by fencing or natural plant  5.  materials.  48    E.  Recreation Space Requirements. A minimum of ten (10) percent of the gross park area or one thousand (1,000) square feet per. unit, whichever is larger, shall be provided for recreational space. This recreational space shall be suitable for outdoor recreational activity Parking Space Requirements. Aminimum of two (2) stabilized vehicle parking spaces shall be provided for each mobile home lot within the mobile home park. These parking spaces shall be located within two hundred (200) feet of the mobile home lot which they are intended to  and shall be easily accessible to all mobile home lots.  F.  serve.  G. Mobile Home Park Internal Street and Drainage System Requirements. All mobile home lots within a mobile home park must have access to the mobile home park internal street system. Streets and drainage control systems shall be constructed in accordance with the road standards outlined in the Subdivision and: Land Development Ordinance in effect for Wayne Township except that  street widths shall be as follows:  :  1.  Where parking is permitted on both sides, a minimum cartway  width of thirty (36) feet shall be required. oftwenty-eight (28) feet shall be required.  2. Where parking is limited to one side, a minimum cartway width  3.  Where no parking is permitted on either, side of the street, a minimum cartway width of twenty (20) feet shall be required.  H. Mobile Home Lot Improvements. All mobile home lots within the mobile home park shall be improved for use by independent mobile homes. This shall include necessary utility hook-ups. In addition, an all-weather patio area with a minimum area of two hundred (200) square feet shall be providèd for each mobile home.  49    6.03 UTILITIES AND PARK FACILITIES  A. Water Supply System. An adequate supply of water shall be provided for mobile homes, service buildings. and other accessory facilities. Where a public water supply system of satisfactory quantity, quality and pressure is available, connection shall be made to it and its supply shall be used exclusively. Where a satisfactory public water supply system is not available, the applicant shall design, install, and maintain a private water supply system according to the standards of and with the approval of the. Pennsylvania Department of Sewage Disposal System. An adequate and safe sewage system shall be provided in all mobile home parks for conveying and disposing of sewage from mobile homes, service buildings and other accessory facilities. Mobile home parks shall be connected to public sewer systems, where possible. Where a satisfactory public sewage disposal system is not available, the applicant shall design, install and maintain an approved private sewage system according to the standards of the Department of Environmental Resources.  Environmental Resources.  B.  C. Other Utility Systems. Telephone, electric, television cable, natural or bottled gas, fuel oil or other utilities shall be provided in accordance with plans approved by the Township Supervisors and the utility company. Underground installation of the utility distribution and service lines is required for approval of the mobile home park  proposal.  D. Service and Other Auxiliary Park Buildings. Service, maintenance and management buildings, recreation or community buildings and commercial sales buildings required for the management, servicing and maintenance of the park and well-being of the park residents shall be allowed within the mobile home park boundaries. The entire area of these buildings shall be used exclusively for the management,  servicing and maintenance requirements of the park.  50    E. Solid Waste Collection and Disposal. The developer shall present information to the Board of the Supervisors explaining the proposed method of solid waste collection and disposal. If such method is not deemed sufficient by the reviewing agencies, an alternate method  shall be proposed by the applicant.  6.04 RULES AND REGULATIONS OF THE PARK  The developer shall submit to the Board of Supervisors a copy of the proposed rules and regulations to be followed by tenants of the mobile home park. Ata a  minimum, regulations shall include the following:  A.  Each mobile home shall be skirted with either a masonry wall or fabricated materials for this specific purpose. Bales of hay, straw, interior plywood, unfinished wood or like materials shall not be  allowed.  B. Garbage and trash shall be placed in appropriate receptacles. - C. Each mobile home shall be anchored to prevent the structure from  A.  being overturned or blown from its foundation or supports. This anchoring shall comply with the specifications outlined in the Supplementary Regulations of the. Township Zoning Ordinance.  -  51    ARTICLEVII ADMINISTRATION  7.00 GENERAL  The Wayne Township Board of Supervisors shall administer and enforce this Ordinance and does hereby designate the Wayne Township Planning Commission  as theagency: A.  With which applicants may hold all pre-application consultations  relating to the plans.  B. To which all preliminary or final subdivision and land development C. Which makes recommendations to the Board of Supervisors concerning approval, disapproval, modification and conditions of  plans are referred upon submission to the Township.  approval of such plans.  D. Which makes recommendations to the Board of Supervisors concerning the interpretation of and the granting of waivers to  provisions and standards of this Ordinance.  7.01 RECORDS  The Township Planning Commission shall maintain an accurate public record of all the plans upon which it takes action and of its findings, decisions, and  recommendations inr reltionthereof. 7.02 WAIVERS AND MODIFICATIONS  A. The provisions of this Ordinance are the minimum standards for the B. Ifany mandatory provision of this Ordinance is shown by the applicant to be unreasonable and to cause unique and undue hardship, the Board of Supervisors may grant a waiver in writing from  protection of the public welfare.  suchi mandatory provision, provided that:  52    1. The public safety is not compromised.  2. 3. 4.  No requirements pertaining to stormwater management and The alternative standard is demonstrated to provide equal or Such waiver will not have the effect of nullifying the intent and  erosion control are diminished.  better results.  purposes of this Ordinance.  C. All requests for waivers and modifications shall be in writing and shall state the grounds and facts of unreasonableness or hardship on which the request is based, the provision(s) of the ordinance involved  and the minimum modification necessary.  D. Ing granting waivers and modifications, the Board of Supervisors may impose such conditions as will, in its judgment, encourage innovative design and secure the objectives of the standards or requirements sO  waived or modified.  7.03 AMENDMENT  The Wayne Township Board of Supervisors may, from time to time, revise, modify, and amend this Ordinance by appropriate action taken at a scheduled public hearing, in accordance with the applicable provisions of the Pennsylvania A public hearing held pursuant to public notice is required to amend this Ordinance. At least thirty (30) days prior to hearing, the Township shall submit the amendment to the County Planning Commission: for recommendations. The proposed amendment of summary thereof shall be published in a newspaper of general circulation from seven (7) to sixty (60) days prior to passage.  Municipalities Planning Code.  53    7.04 PREVENTIVE REMEDIES  A. Ina addition to other remedies, the Board of Supervisors may. institute and maintain appropriate actions by law or in equity to restrain, correct or abate violations, to prevent unlawful construction, to recover damages and to prevent illegal occupancy of a building, structure or premises. The description by metes and bounds in the instrument of transfer or other documents used in the process of selling or transferring shall not exempt the seller or transfer from such  penalties or from the remedies herein provided.  B. The Board of Supervisors may refuse toi issue any, permit or grant any approval necessary to further improve or develop any real property which has been developed or which has resulted from, a subdivision ofreal property in violation of any Ordinance adopted pursuant to this Article. This authority to deny such a permit or approval shall apply to  any of thei following applicants:  1. The owner of record at the time of such violation.  2. The vendee or lessee of the owner of record at the time of such violation without regard as to whether such.vendee or lessee had actual or constructive knowledge of the violation. 3. The current owner of record who acquired the property subsequent to the time of violation without regard as to whether such current owner had actual or constructive  knowledge oft the violation.  4. The vendee or lessee of the current owner of record who acquired the property subsequent to the time of violation without regard as to whether such vendee or lessee had actual  or constructive knowledge of the violation.  C. As an additional condition for issuance of a permit or the granting of an approval to any such owner, current owner, vendee or lessee for the development of any such real property, the Board of Supervisors  54    may require compliance with the conditions that would have been applicable. to the property at the time the applicant acquired an  interest in such real property.  7.05 ENFORCEMENT REMEDIES  A.  District Justices shall have initial jurisdiction in proceedings brought  under this Section.  B. Any person, partnership or corporation who or which has violated the provisions of the Wayne Township Subdivision and Land Development Ordinance upon being found liable thereof in a civil enforcement proceeding commenced by the Township, shall pay a judgement of not more than five hundred (500) dollars plus all court costs, including reasonable attorney fees incurred by the Township. No judgement shall commence or be imposed, levied or be payable until the date of the determination of a violation by the District Justice. Ifthe defendant neither pays nor timely appeals the judgement, the Township may enforce the judgement. pursuant to the applicable rules of civil procedure. Each day that a violation continues shall constitute a separate violation, unless the District Justice determines that there was good faith basis for the party to have believed that there was no such violation until the fifth day following the date of the determination of a violation by the District. Justice and thereafter each day that a violation continues shall constitute a separationviolation. C. The Court of Common Pleas, upon petition, may grant an order of stay, upon cause shown, tolling the per diem judgement pending a Nothing contained in this Section shall be construed or interpreted to grant to any person or entity other than the municipality right to commence any action for enforcement pursuant to this Section.  final adjudication of the violation and judgement.  D.  55    7.06 VALIDITY  Should any Section, subsection or provision of this Ordinance be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the  validity of the Ordinance as a whole, or of any other part thereof.  7.07 REPEALER  The Wayne Township Subdivision Ordinance enacted in 1972, and all other ordinances or sections thereof, which are inconsistent with any of the provisions or  sections hereof, are hereby repealed absolutely.  7.08 EFFECTIVE DATE  The Wayne Township Subdivision and Land Development Ordinance became effective and shall apply to all Preliminary and Final Plans submitted to the Wayne Township on or after December 8, 1992, except those Final Plans for which a Preliminary Plan had previously been approved. In such case, the former This Ordinance was duly ordained and enacted on November 24, 1992, by the  Subdivision Ordinance shall remain effective. Board of Supervisors of Wayne Township.  BowwA E Fliha  Chairman of Board of Supervisors of Wayne Township  56    CERTIFICATION  _Darkne s.Macklem  Secretary of the Board of Supervisors of  Wayne Township do hereby certify that the foregoing Ordinance, Wayne Township Subdivision and Land Development Ordinance," was duly enacted at a properly convened meeting of the Board of Supervisors of Wayne held on November 24, 1992, at which meeting a quorum was present and voted in favor thereof. further certify that enactment of this Ordinance was preceded by a public hearing as required by the Pennsylvania Municipalities Planning Code, which hearings were  advertised in accordance with provisions of said act.  Alene S Macklem Secretary, Board of Supervisors ofWayne Township  57    ARTICLEVII DEFINITIONS  8.00 INTERPRETATIONS  The following definitions shall be used in the interpretation of this Ordinance.- Words used in the present tense include the future; the singular number shall include the plural, the plural the singular; the word "structure" shall include the word "building"; the word "used" shall include "arranged", "designed", "constructed", "altered", converted", "rented", "leased", or "intended to be used"; and the word  "shall" is mandatory and not optional..  8.01 DEFINITIONS  ABANDONED: The apparent discontinuance ofanon-conforming use,of al building or premises, or the removal of the characteristic equipment or furnishing used in the performance of a non-conforming use without its replacement or the ACCESS DRIVE: A durable, all-weather surfaced means, other than a street, which provides vehicular access from a street or public road to a lot; e.g. a driveway. ACCESSORY USE OR STRUCTURE: A use or structure subordinate to the principal use of a building on the same lot and serving a purpose customarily AGRICULTURE: The use of land for agricultural purposes, including farming, dairying, pasturage, apiculture, horticulture, floriculture, viticulture, and animal and poultry husbandry, and the accessory uses for packing, treating, or storing the produce; provided however, that the operation of any such accessory uses shall be  replacement of the non-conforming use or structure.  incidental to the use of the principal building.  secondary to that of the normal agriculture activities. ALTERATION: Any major change in or addition to a structure.  AMENDMENT: A change in use in a District which includes revisions to the zoning text and/or the official zoning map; and the authority for any amendment lies solely  with the Township Board of Supervisors.  58    APPLICANT: A landowner or developer, as hereinafter defined, who has filed an application for development including his heirs, successors and assigns. APPLICATION FOR DEVELOPMENT: Every application, whether preliminary, tentative or final, required to be filed and approved prior to start of construction or development, including but not limited to, an application for a building permit, for  the approval of as subdivision plan or a development plan. APPOINTINGAUTHORITY: The Board of Supervisors.  AUTHORITY: A body politic and corporate created pursuant to the act of May 2, 1945 (P.L. 382, No. 164), known as the Municipality Authorities Act of 1945."  BOARD: The Zoning Hearing Board of Wayne Township.  a  BUFFER: Ab buffer, or screen, is an open space of vegétation and/or fencing which acts as ai transition area and partial barrier, between differing land uses. BUFFER YARD: An area of existing or newly-planted trees located between, land uses. deemed incongruous by the Township and whose width is at least fifty, (50) BUILDABLE, AREA: That portion of a lot bounded by the required front, side, and BUILDING: Any structure having a roof supported by columns or walls, which is BUILDING COVERAGE: That percentage of the plot of land area covered by the principal and accessory buildings (including covered porches, carports, and breeze-ways, but excluding open patios, parking or loading areas.) BUILDING HEIGHT: The vertical distance measured from the mean level of the ground surrounding the building to a point midway between the highest and lowest point of the roof but not including chimneys, towers, or similar projections.  feet.  rear yards.  used for the housing or sheltering of persons, animals or property.  59    BUILDING SETBACK LINE: A line parallel to the street line located at a distance which is equal to the front yard requirement for the District in which the lot is CAMPGROUND: A tract of ground used for camping purposes, with or without a CELLAR: A story partly underground and having more than one-half of its clear height below the average level of the adjoining ground. A cellar shall not be COMMON OPEN SPACE: A parcel or parcels of land or an area of water, or a combination of land and water within a development site and designed and intended for the use or enjoyment of residents of a development, not including streets, Off-street parking areas, and areas set aside for public facilities. CONDITIONAL USE: A use permitted in certain districts, as provided for in Article II, of the Township Zoning Ordinance which may only be authorized by the Township Supervisors as set forth in Article, XI of the Township Zoning Ordinance. CONVERSIONAPARTMENTS: Dwelling units created by the conversion of a large building (such as single-family homes or barns) into a residential structure. COVENANT, RESTRICTIVE: A contract between two (2) or more parties usually DENSITY, GROSS: The total number of dwelling units per acre in a development DEVELOPER: Any landowner, agent of such landowner, or tenant. with the permission of such landowner, who makes or causes to be made a subdivision of DEVELOPMENT: Any man-made change to improved or unimproved real estate including, but not limited to, buildings or other structures, the placement of mobile  located, i.e. front yard setback.  fee charged for renting or occupying such space.  considered in determining the permissible number of stories.  specifying limitations or obligations relating toi the use of property.  divided by the total site areaina acres.  land or a land development.  homes, mining, dredging, filling, grading, paving, or excavation.  60    DEVELOPMENT PLAN: The provisions for development, including a planned residential development, a plat of subdivision, all covenants rèlating to use, location and bulk of buildings and other structures, intensity of use or density of development, streets, easements, parking facilities, common open space and public facilities. The phrase provisions of the development plan" shall mean the DWELLING: Any building or shelter designed for or occupied exclusively as the  written and graphic materials referred toi in this definition. residence or sleeping place of one or more persons, as:  A.  Dwelling, Single-Family Attached. A building designed and occupied exclusively as a residence for one family and having a party wall on each side in common with an adjacent dwelling; i.e. atownhouse. Dwelling, Single-Family Detached. A detached building designed for  B.  or occupied exclusively by one family.  C. Dwelling, Multi-family. A building designed for occupancy by three or more families living independently of each other, and containingthree  or more dwelling units.  :  DWELLING UNIT: One or more rooms containing a kitchen or kitchenette and sanitary facilities in a dwelling structure, designed as a unit for occupancy by one family for living and sleeping purposes. Travel trailers, recreation vehicles, and similar facilities for transient lodging shall not be considered as dwelling units. EASEMENT: A grant of one (1) or more of the property rights by the property owner to and/or for use by the public, a corporation or another person or entity. ENCROACHMENT: Any development within fifty (50) feet of waterways or wetlands, and requiring a permit from DER and the US Army Corps of Engineers. FENCE: Any facility constructed of wood, metal, wire mesh, masonry blocks, or similar material or any landscaping which consists of plants located close together (.e. a hedgerow), erected for the purpose of screening-one property from another either to assure privacy or protect the property screened. For the purposes of the Township Zoning Ordinance, a fence shall not be considered a structure.  61    FILTERSTRIP: An existing or new buffer of vegetation along a stream, pond, lake or sinkhole, which serves to remove sediment and other pollutants from runoff thereby protecting water quality. It can take the form of an existing hedgerow, FIREPROOF PARTY WALL: A common wall shared by two tenants or property owners that is designed and constructed of material which is capable of  uncultivated field or newly established grass.  withstanding fire or preventing damage caused by fire. FLOOD: A temporary inundation of normally dry land areas.  FLOOD INSURANCE RATE MAP (FIRM): An official map of a community on which the Federal Emergency Management Agency (FEMA) has delineated the 100 flood plain and the special and risk premium zones applicable to the community. FLOODFRINGE: That portion of the 100 year floodplain outside the floodway. FLOOD, ONE-HUNDRED YEAR: A1 flood that on the average is likely to occur once every 100 years (.e. that has a one (1) percent chance of occurring each year, FLOODPLAIN: (1) a relatively flat or low land area adjoining a. river, stream, or watercourse which is subject to partial or complete inundation, or an area subject toi the unusual and rapid accumulation or runoff of surface waters from any source. FLOODPROOFING: Any combination of structural and nonstructural additions, changes or adjustments to structures which reduces or eliminates flood damage. FLOODWAY: The designated area of a floodplain required to carry and discharge the flood waters of a 100 year flood without cumulatively raising the flood elevation FLOORAREA: For the purposes of applying the requirements for off-street parking and loading, "floor area" in the case of office, merchandising, or service type uses, shall mean the gross floor area used by tenants, or for service to the public or clients, including areas occupied by fixtures or equipment used for display or sales  although the flood may occur in any year).  (See Wayne Floodplain Ordinance.)  more than one (1) foot at any point.  of merchandise. (See also HABITABLE FLOOR AREA.)  62    FREEBOARD: A factor of safety usually expressed in feet above a flood level for purposes of floodplain management. "Freeboard" tends to compensate for the many unknown factors that could contribute to flood heights greater than the height calculated for a selected size flood and floodway conditions, such as wave action, bridge openings, and the hydrological effect of urbanization of the GARAGE, PRIVATE RESIDENTIAL: An accessory building designed or used for the parking or storage of not more than four (4) vehicles owned and used by the occupants of the building to which it is accessory and which is not a separate  watershed.  commercial enterprise available to the general public. GOVERNING BODY: Wayne Township Board of Supervisors.  HABITABLE FLOORAREA: Any floor area within a dwelling unit that is usable for living purposes, including area for working, sleeping, eating, cooking, and recreation, or a combination thereof. Floor area used only for storage purposes, such as closet, attic, or unimproved basement space shall not be considered HEIGHT OF BUILDING: The vertical distance measured from the mean level of the ground surrounding the building to a point midway between the highest and lowest HIGH DENSITY DEVELOPMENT: The establishment of four (4) or more HOME OCCUPATION: An accessory use conducted within a dwelling and carried on by the inhabitants thereof, which use is clearly incidental and secondary to the HUDCODE: Manufactured Home Construction and Safety Standards enacted by the U.S. Department of Housing and Urban Development in 1976. A uniform construction code which classifies mobile homes as manufactured homes. The  habitable floor area.  point of the roof, but not including chimneys or similar projections.  permanent dwelling units per acre.  use of the dwelling and does not change the character thereof.  HUD Code preempts State and local building regulations.  63    INDUSTRIAL PARK: A tract of land laid out in accordance with an overall plan for a group of industries with separate building sites designed and arranged on streets with utility services, setbacks, side yards, landscaped yards, and covenants INTERSTATE HIGHWAY SYSTEM: That portion of the national system ofi interstate highways located within the Commonwealth as officially designated by the State JUNK: Any used or discarded material, including but not limited to waste paper, rags, metal, glass, building materials, house furnishings, machinéry, vehicles or parts thereof, with or without the dismantling, processing, salvage, sale or other JUNK YARD: An area of land, with or without buildings, used for storage; collection, and/or sale of used or discarded materials, including junk as defined above, with or without dismantling, processing, salvage, sale or other use or disposition. Storage of two or more abandoned motor vehicles, or the major parts thereof, for a period exceeding one hundred twenty (120) days, shall be deemed a JUNKED ORABANDONED VEHICLE: Any motor vehicle which does not bear a  çontrolling the architecture and uses.  and/or Federal Departments of Transportation.  use or disposition oft the same.  junk yard and must be licensed by the Township. current registration and is not currently inspected. LANDDEVELOPMENT: Any of the following activities:  A. The improvement of one or more contiguous lots or tracts of land for  any purpose involving:  1.  Two or more residential or nonresidential buildings (whether proposed initially or cumulatively) or a single nonresidential building on a lot regardless of the number of occupants or The allocation of land or space (whether initially or cumulatively) among two or more existing or prospective  tenure; or  2.  64    occupants for streets, common areas, leaseholds, condominums, buildings, mobile homes, or other features.  B. As subdivision ofl land. LAND DEVELOPMENT EXCLUSIONS:  A. The conversion of an existing single-family detached dwelling into not more than three residential units, unless they are intended to be a  condominium;or  B. The addition of any accessory building, including farm buildings, C. The addition or conversion of buildings or rides within an amusement park. An amusement park is defined as a permanent area:used  subordinate to an existing principal building; or  principally for amusement structures or rides.  LANDOWNER: The legal or beneficial owner or owners of land including the holder of an option or contract to purchase (whether or not such option or contract is subject to any condition), a lessee if he is authorized. under the lease to exercise the rights of the landowner, or other person having a proprietary interest in land. LOGGING: The act of cutting trees for cord wood, for timber, for pulp or for any commercial purpose, excepting therefrom a person cutting on his own property or the property of another, with his permission, for his own or his family's use, the clearing of less than one (1) acre for development of building sites, or the clearing for farm operations, if there is no altering of natural drainage courses. LOT: A designated parcel, tract or area of land established by a plat or otherwise as permitted by law to be used, developed or built upon as a unit.  A. Lotarea. The computed area contained within the lot lines, excluding B. Lot Line. A lot abutting upon two (2), or more streets at their intersection or upon two parts of the same street forming an interior angle of less than one hundred thirty-five (135) degrees.  any street right-of-way.  65    C. Lot Depth. The distance measured from the front lot line to the rear D. Lot Frontage. The length of the front lot line measured at the street  lotl line.  right-of-way.  LOT OF RECORD: Any lot which individually or as part of a subdivision has been MANUFACTURED AND MOBILE HOME SALES: An area, including a building, used primarily for the display or sale of manufactured and/or mobile homes and where mechanical repairs and body work may be conducted as an accessory use MANUFACTURED HOME: A factory-built residential dwelling unit certified as built inc compliance with the HUD Code. Iti is transportable in one or more sections, which in the traveling mode is eight (8) body feet or more in width or forty (40) body feet or more in length; or when erected on site, is three hundred and twenty (320) or more. square feet, and which is built on a permanent chassis and designed to be used as a year-round dwelling with a permanent foundation and connected to the MARKETVALUE: The fair market price of à structure or property as determined by an appraiser or insurance adjuster; the price at which both buyer and seller are MEDIATION: Avoluntary negotiating process in which parties in a dispute mutually select a neutral mediator to assist them in jointly exploring and settling their differences, culminating in a written agreement which the parties themselves create MINERAL EXTRACTION OR SURFACE MINING OPERATIONS: The extraction of minerals from the earth or waste or stock piles, or from pits or banks, including but not limited to: strip, drift, auger and open pit mining, dredging, quarrying, leaching,  recorded in the office of the Clinton County Recorder of Deeds.  incidental to the primary use.  required utilities.  willing to do business.  and consider acceptable.  mountaintop removal, box cutting, and activities related thereto.  66    MINOR LAND DEVELOPMENT: Development involving no new streets and no extension of public water or sewer and which consists of either a single non- residential building of less than 2,000 square feet or the placement of two (2) single MINOR SUBDIVISION: As subdivision of land of three (3) or fewer new lots involving MOBILE HOME: A single-family, transportable, factory-built home used as ayear- round dwelling and built prior to enactment of the HUD Code on June 15, 1976. MOBILE HOME LOT: A parcel of land in a mobile home park, improved with the necessary utility connections and other appurtenances for a single mobile home. MOBILE HOME PARK: A parcel of land which has been-so designated and improved that it contains two (2) or more mobile home lots. Ar mobile home park is the same as a Manufactured Home Park if the units were built after 1976, were MODULAR HOUSING: Housing units designed and manufactured in two (2) or more standard sections, which are shipped and joined into one (1) integral unit on MUNCPALAUTHOATE Abody politic and corporate created pursuant to the act of May 2, 1945 ((P.L. 382, No. 164), known as the "Municipality Authorities Act of MUNICIPAL ENGINEER: A professional engineer licensed as such in the Commonwealth of Pennsylvania, duly appointed as the Township engineer. NEW CONSTRUCTION: The construction, reconstruction, renovation, repair, extension, expansion, alteration, location, or relocation of a building (including mobile homes), structure, and/orimprovements (such as street utilities, etc.) NONCONFORMINGIOT: A lot the area or dimension of which was lawful prior to the adoption or amendment of the Zoning Ordinance, but which fails to conform to  family dwellings on a single lot.  no new street and no extension of sewer and water facilities.  (See HUD Code)  certified by the HUD Code, and lot parcels are rented.  E   the site.  1945."  67    the requirements of the Zoning District in which it is located by reasons of such NONCONFORMING STRUCTURE: A structure or part of a structure not in compliance with the Zoning Ordinance, but where such structure lawfully existed prior to the enactment of the Ordinance. Such nonconforming structures include NONCONFORMING USE: A use which does not comply with the provisions in the Zoning Ordinance but was lawfully in existence prior to the enactment of such OBSTRUCTION: Any wall, dam, wharf, embankment, levee, dike, pile, abutment, projection, excavation, channel rectification, culvert, building, wire, fence, stockpile, refuse, fill, structure or other matter in, along, across or projecting intoa any channel, watercourse, or regulatory flood hazard area which may impede, retard or change the direction of water, either in itself or by catching or collecting debris carried  adoption or amendment.  nonconforming signs.  ordinance.  downstream to the damage of life or property. OFFICIAL MAP: A map adopted by ordinance.  OPENS SPACE: Any parcel or designated land area in its natural state or essentially unencumbered by -either principal or accessory uses, buildings, structures, or PLANNED RESIDENTIAL DEVELOPMENT (PRD): An area of land, controlled by a landowner, to be developed as a single entity for a number of dwelling units, the development plan for which does not correspond in lot size, bulk or type of dwelling, density, lot coverage and required open space to the regulations established in any one Residential District created, from time to time, under the PLANANINGCOMMSSON: The Planning Commission of Wayne Township. PLAT: A map, plan, or layout showing the subdivision of land and indicating the PREMISES: Any lot, parcel, or tracts of land and any building constructed thereon.  impervious surfaces.  provisions of a municipal zoning ordinance.  location and boundaries ofi individual properties.  68    PRINCIPAL BUILDING: A structure in which the principal use of the site is  conducted.  PRINCIPALUSE: The primary purpose(s) for which a loti is occupied.  PRINCIPALLY ABOVE GROUND: At least fifty-one (51) percent of the actual cash PRIVATE ROAD: A right-of-way which provides vehicular access to a maximum of five (5) lots and which is not dedicated or maintained by the Township or State. PUBLIC: Owned, operated or controlled by a government agency (federal, state, PUBLIC HEARING: A formal meeting held pursuant to public notice by the governing body or planning agency, intended to inform and obtain public comment PUBLIC MEETING: A forum held pursuant to notice under the act of July 3, 1986 PUBLICNOTICE: Notice published once each week for two (2) consecutive weeks inar newspaper of general circulation in the municipality. Such notice shall state the date, time, and place of the hearing and the particular nature of the matter to be considered. The first publication shall be not more than thirty (30) days and the second publication shall be not less than seven (7) days from the hearing date. PUBLIC SEWAGE SYSTEM: A system designed to treat the sewage wastes of more than one dwelling unit and which discharges the resultant outflow into a stream or other body of water. These systems shall include municipal treatment facilities as well as package treatment plants installed by private developers. QUARRY, SAND PIT. GRAVEL PIT, BORROW PIT, TOP SOIL STRIPPING: AI lotor land or part thereof used for the purpose of extracting stone, sand, clay, gravel, or top soil for sale, and exclusive of the process of grading a lot preparatory to the construction of a building for which application for a building permit has been  value of the structure, less land value, is above ground.  or local, including the Board of Public Education.)  prior to taking action.  : -  (P.L. 388, No. 84), known as the "Sunshine Act."  made.  69    RECRFATIOMALVEHCIE A vehicle less than thirty-eight (38) feet in length, used for temporary living or sleeping purposes, which stands on wheels. Included are travel trailers, truck campers and motor homes. Such vehicles are permitted only RENEWABLE ENERGY SOURCE: Any method, process or substance whose supply is rejuvenated through natural processes remains relatively constant, including geothermal energy, solar and wind energy and hydroelectric energy. SALEPARCEL: In planned residential development, that portion of a tract's gross acreage which may be sold for land development, while the remaining acreage is SCREENING: A barrier to visibility, glare, and noise between adjacent properties SEASONALHOME: A dwelling intended for seasonal or leisure activity which is not intended now or in the future for year-round dwelling purposes. It includes cottages, cabins, second homes, travel trailers and forms of camping SPECIAL EXCEPTION: A use permitted in a particular Zoning District pursuant to STORY: That portion of a building included between the surface of any floor and the surface of the floor next above it, if there is no floor above it, then the space STREET: Includes street, avenue, boulevard, road, highway, freeway, parkway, lane, alley, viaduct and any other ways used or intended to be used by vehicular STREETLINE: The dividing line between the street and lot, also known as right-of- STRUCTURE: Any combination of materials, other than a building which forms a construction that is safe and stable, including but not limited to flagpole, stadiums, platforms, towers, sheds, storage bins, fences exceeding four (4) feet in height,  ino campgrounds or on private individual parcels.  left undisturbed for common open space. made of plant materials and/or fencing.  accommodations.  the provisions of Article XI.  between any floor and the cellingimmediately above it.  traffic or pedestrians whether public or private.  way line.  70    signs, sign posts, lights and light standards for other than residential use but excepting patios, driveways, walks, and parking areas at yard grade. SUBDIMISION: The division or redivision of al lot, tract or parcel of land into two (2) or more lots, tracts, parcels or other divisions of land including changes in existing lot lines for the purpose, whether immediate or future, of lease, partition by the court for distribution to heirs or devises, transfer of ownership or building or lot development. However, the subdivision by lease of land for agricultural purposes into parcels of more than ten (10) acres, not involving any new street or easement SUBSTANTIALLYCOMPLETED: Where in the judgment of the municipal engineer, at least ninety (90) percent of those improvements required as a condition for final approval have been completed in accordance with the approval have been completed in accordance with the approved plan, sO that the project will be. able to SUBSTANTIAL IMPROVEMENT: Any repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds fifty (50) percent of the market value of the structure either (a) before the improvement or repair is started or (b) if the structure. has been damaged and is being restored, before the damage occurred. SUBSURFACE DRAINAGE: Construction associated with the removal of ground water from under roadway or other surfaces designed to maintain firm, stable  of access or any residential dwelling, shall be exempted.  be used, occupied or operated for its intended use.  subgrades and structure foundations.  TOWASHPSUPERVSORS The governing body of Wayne Township.  TRIANGLE, SIGHT: A triangular-shaped portion of land established at street intersections in which nothing is erected, placed, planted, or allowed to grow in such a manner as to limit or obstruct the sight of motorists entering or leaving the USE: The specific purpose or activity for which land or a building is designed, arranged, intended, or for which it is or may be occupied or maintained. The term permitted use" shall not be deemed toi include a nonconforming use.  intersection.  71    VARIANCE: A modification of the literal provisions of the Township Zoning Ordinance which the Zoning Hearing Board is permitted to grant when strict enforcement would cause undue hardship owing to circumstances unique to the WETLANDS: Land thati is inundated or saturated by surface water or ground water at a frequency and duration sufficient to support, and that under normal circumstances does or would support, a prevalence of vegetation typically adapted for life in saturated soil conditions. The term includes, but is not limited to, swamps, YARD: An open space which lies between the principal building or group of buildings and the nearest lot line. Such space shall be unoccupied and unobstructed from the ground. upward except as may herein be permitted.  individual property on which the variance is sought.  bogs, marshes, and marine meadows.  A. Yard, Front. An open space which lies between the principal building or group of buildings and the front lot lines, unoccupied and  unobstructed from the ground upward.  B. Yard,Rear. An open space extending the full width of the lot between a principal building and the rear lot line, unoccupied and  unobstructed from the ground upward.  C. Yard, Side. An open space extending from the front yard to the rear yard between a principal building and the nearest side lot line, unoccupied and unobstructed from the ground upward.  ZONING HEARING BOARD: The Zoning Hearing Board of Wayne Township. ZONING MAP: The official Zoning Map of Wayne Township, together with all notations, references and amendments which may subsequently be adopted. The Zoning map shall be considered a part of the Township Zoning Ordinance. ZONING OFFICER: The administrative officer charged with the duty of enforcing  the provisions of the Township Zoning Ordinance.  72    ZONING PERMIT: A permit stating that the purpose for which a building or land is to be used is' in conformity with the uses permitted and all other requirements  under this Ordinance for the. District in which iti is located.  73