Decatur Township - Clearfield County

Decatur Township Subdivision & Land Development Ordinance

DECATUR TOWNSHIP

SUBDIVISION AND LAND DEVELOPMENT ORDINANCE 

Contents                                                                                                                                                                PAGE

Article I       Purpose, Title and Authority............................................................................................. 1

101.  General...................................................................................................................................... 1

102.  Effect......................................................................................................................................... 1

103.  Title........................................................................................................................................... 1

104.  Authority.................................................................................................................................... 1

105.  Interpretation............................................................................................................................. 1

106.  Validity...................................................................................................................................... 2 

Article II      Definitions...................................................................................................................... 3

201.  Definitions................................................................................................................................. 3 

Article III    Jurisdiction and Control................................................................................................... 10

301.  Jurisdiction............................................................................................................................... 10

302.  Subdivision and Land Development Control.................................................................................... 10 

Article IV     Subdivision and Land Development Procedures.................................................................. 11

401.  General Procedures.................................................................................................................... 11

402.  Pre-Application Submission (Sketch Plan)....................................................................................... 11

403.  Plan Submission Standards........................................................................................................... 12

404.  Preparation of Plans and Specifications......................................................................................... 12

405.  Preliminary Plan Review............................................................................................................... 13

406.  Final Plan Review........................................................................................................................ 14

407.  Subdivision and Land Development Agreement................................................................................ 15

408.  Required Guarantees.................................................................................................................. 16

Article V      Plan Requirements......................................................................................................... 20

501.  Sketch Plan............................................................................................................................... 20

502.  Preliminary Plan......................................................................................................................... 21

503.  Final Plan.................................................................................................................................. 27

504.   Lot Addition Plan...................................................................................................................... 28 

Article VI     Design Standards............................................................................................................ 29

601. Application................................................................................................................................. 29

602.  Land Requirements..................................................................................................................... 29

603.  Street System............................................................................................................................ 30

604.  Private Driveways........................................................................................................................ 32

605.  Stormwater Management............................................................................................................. 32

606.  Erosion and Sediment Control...................................................................................................... 33

607.  Grading for Drainage................................................................................................................... 36

608.  Blocks....................................................................................................................................... 37

609.  Lots and Land Sizes..................................................................................................................... 37

610.  Building Lines............................................................................................................................. 38

611.  Easements................................................................................................................................. 39

612.  Parking..................................................................................................................................... 39

613.  Sanitary Sewers for Major Subdivisions.......................................................................................... 39

614.  Water Supply............................................................................................................................. 40

615.  Public Grounds and Open Spaces................................................................................................. 41

616.  Utility Location.......................................................................................................................... 41

617.  Markers.................................................................................................................................... 41

618.  Flood Prone Areas..................................................................................................................... 41 

Article VII   Mobile Home Park Regulations.......................................................................................... 43

701.  Applicability............................................................................................................................... 43

702.  Application Procedures............................................................................................................... 43

703.  Development Standards............................................................................................................... 45

704.  Miscellaneous Structural Requirements......................................................................................... 49

705.  Maintenance of Common Areas and Facilities................................................................................. 50

706   Removal of Mobile Homes........................................................................................................... 50 

Article VIII  Administration................................................................................................................ 51

801.  Revision and Amendment............................................................................................................. 51

802.  Hardship................................................................................................................................... 52

803.  Reconsideration and Mediation.................................................................................................... 52

804.  Challenges and Appeals............................................................................................................... 52

805.  Repeals..................................................................................................................................... 52

806.  Records.................................................................................................................................... 52

807.  Fees......................................................................................................................................... 52

808.  Penalties................................................................................................................................... 53

809.  Enforcement............................................................................................................................. 53 

Appendix I   Floodproofing Measures for Areas Subject......................................................................... 54 to Inundation by Stream Overflow       

Tables

Table 1      Street Design Specifications

Table 2      Street Design Specifications                 

For Local Residential Street/Driveway Access Easement Classifications

Table 3      Intersection Design Specifications

Table 4      Construction Specifications

ARTICLE  I

PURPOSE, TITLE AND AUTHORITY 

SECTION 101.     GENERAL

Section 101.01      This Ordinance has been designed and adopted to provide uniform standards and procedures for the regulation and control of subdivision and land development within Decatur Township.  The purpose of such regulation and control is to provide for the safe and coordinated development of the Municipality by assuring sites suitable for building purposes and human habitation;  by coordinating proposed streets and other proposed public improvements with those existing;  by assuring that adequate easements or rights-of-way are provided for drainage facilities and public utilities in general;  and by assuring that reservation, if any, by the developer of any area designated for use as public grounds shall be suitable in size and location for their designated uses.  This Ordinance promotes the health, safety and general welfare of the Township and is consistent with the Osceola Mills Decatur Township Joint Comprehensive Plan (1997) and works to implement that plan. 

SECTION 102.      EFFECT

Section 102.01      This Ordinance shall be in full force and effect including definitions, plan requirements and processing procedures, design standards, improvements and construction requirements and conditions of acceptance of public improvements by the Township of Decatur. 

SECTION 103.      TITLE

Section 103.01      This Ordinance shall be known as the Decatur Township Subdivision and Land Development Ordinance. 

SECTION 104.     AUTHORITY

Section 104.01      This Ordinance is adopted pursuant to the provisions of the “Pennsylvania Municipalities Planning Code”  (Act 247) effective January 1, 1969, as amended. 

SECTION 105.     INTERPRETATION

Section 105.01      The provisions of this Ordinance shall be held to be minimum requirements to meet the above stated purposes.  Where the provisions of this Ordinance impose greater restrictions than those of any statute, ordinance or regulation, the provisions of this Ordinance shall prevail.  Where the provisions of any other statute, ordinance or regulation impose greater restrictions than those of this Ordinance, the provisions of such statute, ordinance or regulation shall prevail. 

SECTION 106.     VALIDITY 

Section 106.01      Should any section, subsection or provision of this Ordinance be declared invalid by a court of competent jurisdiction, such decision shall not affect the validity of the Ordinance as a whole or in part. 

ARTICLE II 

                                                                      DEFINITIONS                                                                             

SECTION 201.           DEFINITIONS 

Unless otherwise stated, the following words shall, for the purpose of this Ordinance, have the meaning herein indicated. 

ACCELERATED EROSION:   The removal of the surface of the land through the combined action of man’s activities and the natural processes at a rate greater than would occur because of the natural process alone. 

ALLEY:    A right-of-way providing secondary vehicular access to the side or rear of two or more properties. 

ANCHORING:   The fastening of a mobile home to its pad or stand to prevent upset or damage due to wind, erosion, flooding, or other natural forces.

APPLICANT:    A landowner or developer who has filed an application for development including his heirs, successors and assigns. 

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

BERM:  A mound of earth which serves such purposes as directing the flow of surface water runoff, preventing soil erosion, and supporting plant materials to aid in screening.

BLOCK:   A tract of land bounded by streets, or by a combination of streets, public parks, cemeteries, railroad rights-of-way, or boundary lines of the Township. 

BOARD:   The Board of Supervisors of Decatur Township, Clearfield County, Pennsylvania. 

BUFFER AREA:   A strip of land adjacent to the lot line to establish a visual separation between incompatible land uses. 

CALIPER:   The diameter of a tree trunk measured at a point four and one-half (4½) feet from the ground surface at the base of the tree.           

CARTWAY:   The portion of a street or alley intended for vehicular use designed and constructed in accordance with the provisions of this Ordinance. 

COUNTY:    The County of Clearfield, Pennsylvania. 

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

CUL-DE-SAC:   A minor street intersecting another street at one end and terminated at the other end by a vehicular turn-around.  A form of a single access street. 

DEVELOPER:   Shall mean any landowner, agents of such landowner or tenant with the permission of such landowner, who makes or causes to be made a subdivision of land or a land development. 

DIVERSION ACTIVITY:  Any construction or other activity which disturbs the surface of the land including, but not limited to, excavations, embankments, land development, subdivision development, mineral extraction and the moving, depositing or storing of soil, rock or earth. 

EMBANKMENT:  A deposit of soil, rock, or other material placed by man. 

EROSION:      The natural process by which the surface of the land is worn away by the action of water, wind or chemicals. 

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

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

FLOOD PLAIN: A relatively flat or low land area adjoining a river, stream, watercourse, bay or lake, which is subject to partial or complete inundation and subject to unusual and rapid accumulation of runoff of surface waters from any source, as delineated by the Federal Emergency Management Agency (FEMA) criteria.  

GOVERNING BODY:  The Board of Supervisors of Decatur Township, Clearfield County, Pennsylvania. 

GRADE:   The slope expressed as a percent which indicates the rate of change of elevation in feet per hundred feet. 

GUARANTEE, IMPROVEMENT:   Financial security of a type and in the amount specified by this Ordinance and in accordance with Act 247 which is provided by an applicant to assure the completion of improvements within a major subdivision to be constructed at the expense of the developer and eventually dedicated to the Township. 

GUARANTEE, MAINTENANCE:   A written security which is provided by an applicant that details the entity responsible for maintenance, identifies where funding for maintenance will come from, and plans for establishing the funding mechanism, to assure proper maintenance of improvements including water mains, sanitary sewer lines, stormwater management facilities when installed by a developer in major subdivisions.  Such written security is necessary when a non-municipal organization will be responsible for the perpetual maintenance facilities. 

GUARANTEE, PERFORMANCE:   Financial security of a type and in the amount specified by this Ordinance and in accordance with Act 247 which is provided by a developer to assure structural integrity and proper functioning of improvements constructed at the expense of the developer and eventually dedicated to the Township or to a community association. 

HITCH:   A device which is a part of the frame or attaches to the frame of a mobile and connects it to a mobile source for the purpose of transporting the unit.

IMPROVEMENTS:   Physical changes to the land which are necessary to produce lots and support land uses, including but not limited to grading, paving, curbing, street lights, signs, fire hydrants, water mains, sanitary sewers, storm drains, sidewalks, crosswalks, bridges, culverts, monuments and markers. Landscaping and street trees.  

INTERCEPTOR CHANNEL:  A channel or dike constructed across a slope for the purpose of intercepting storm water, reducing the velocity of flow, and diverting it to outlets where it can be disposed. 

LAND DEVELOPMENT:  Any of the following activities: 

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

1)         a group of two or more buildings, or 

2)         the division or allocation of land between or among two or more existing or prospective occupants by means of, or for the purpose of streets, common areas, leaseholds, condominiums, building groups or other features. 

B.   A division of land into lots for the purpose of conveying such lots singly or in groups to any person, partnership or corporation for the purpose of the erection of buildings by such person, partnership or corporation.

C.  the construction, installing, placing, planting, or building of surface structures, utility lines shopping centers and malls, golf courses, apartment complexes, schools, roads, highways, parking areas or any other similar activity. 

LANDOWNER:     Shall mean 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 the land. 

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

LOT ADDITION: A parcel of land that is intended for conveyance to an adjacent property owner as an addition to the existing lot. 

MARKER:   A steel pin of at least three-quarter (3/4) inches in diameter or three-quarter (3/4) inches (3/4) square and at least thirty (30) inches in length, used for the purposes of establishing the change in the angles of property lines within a lot. 

MOBILE HOME:  A transportable, single family dwelling intended for permanent occupancy, office or place of assembly contained in one unit, or in two or more units designed to be joined into an integral unit, which may be towed on its own running gear, and which may be temporarily or permanently affixed to real estate, used for non-transient residential purposes, and constructed with the same, or similar, electrical, plumbing, and sanitary facilities as in normal housing. 

MOBILE HOME LOT:  A parcel of land used for the placement of a single mobile home and the exclusive use of its occupants. 

MOBILE HOME PAD:   A concrete pad at least six (6) inches thick with at least six (6) tie-down rings to which the mobile home shall be secured, and equal in length and width to the dimensions of the mobile home to be placed on it. 

MOBILE HOME PARK:    A parcel or contiguous parcels of land which has been so designated and improved that it contains three (3) or more mobile home lots for the placement of mobile homes. 

MOBILE HOME PARK PERMIT:   Written approval issued by the Township authorizing a person to operate and maintain a mobile home park under the provisions of this Ordinance. 

MOBILE HOME STAND:  That part of an individual lot which has been reserved for the placement of a mobile home, its appurtenant structures or additions. 

MUNICIPAL ENGINEER:   A professional engineer (PE) licensed in the Commonwealth of Pennsylvania, duly appointed as the engineer for the municipality or engaged as a consultant. 

MUNICIPALITY:      The Township of Decatur, Clearfield County, Pennsylvania. 

PLAN, AS-BUILT:    A corrected final plan showing dimensions and locations of all streets and other improvements as actually constructed. 

PLAN, FINAL:   A complete and exact subdivision plan, prepared for official recording as required by statute, to define property rights and proposed streets and other improvements. 

PLAN, IMPROVEMENTS AND CONSTRUCTION:   A plan stamped by a registered engineer showing the construction details of streets, drains, sewers, water supply systems, bridges, culverts and other improvements as required by this Ordinance, and including a horizontal plan, profiles, and cross-sections, elevation views and other details. 

PLAN, PRELIMINARY:   An officially submitted land development or subdivision plan prepared in accordance with this Ordinance and providing the necessary details and information for review by the Township in order to make an initial decision for approval or rejection. 

PLAN, SITE ANALYSIS:   A diagram or drawing that identifies the limitations and assets of the land or site to be subdivided, to include but not limited to such natural features as vistas, slopes, vegetation, drainage, soil and man-made features. 

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

PLANNING COMMISSION:   The Decatur Township Planning Commission. 

PLAT:    A map or plan of a subdivision or land development, either preliminary or final. 

PUBLIC GROUNDS:  Includes parks, playgrounds and other public areas and sites for schools, sewage treatment, refuse disposal and other publicly owned or operated facilities. 

PUBLIC NOTICE:  A notice given not more than thirty (30) days and not less than seven (7) days in advance of any public hearing required by law.  Such notice shall be published once each week for two (2) successive weeks in a newspaper of general circulation in the Township of Decatur, Clearfield County, Pennsylvania.  Such notice shall state the time and place of the hearing and the particular nature of the matter to be considered at the hearing. 

RIGHT-OF-WAY:   The total width of any land reserved or dedicated as a street, crosswalk, or for other public purposes. 

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

SEDIMENT:  Soils or other materials transported by surface water as a product of erosion. 

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

SEWAGE SYSTEM, ON-LOT:   A sanitary sewage treatment system that involves treatment by means of a septic tank or other approved method, which is normally owned, operated and maintained solely by the property owner, and is contained within the confines of the lot on which the use it serves is located as approved by the Pennsylvania Department of Environmental Protection. 

SEWAGE SYSTEM, COMMUNITY:   A system which carries sewage from individual discharges by a system of pipes to a common, privately-owned treatment or disposal facility serving the community or development. 

SEWAGE SYSTEM, PUBLIC:   An off-site system in which sewage is conveyed to a publicly-operated plant for treatment and disposal through means approved by the Pennsylvania Department of Environmental Protection. 

SKIRTS:   Panels specifically designed for the purpose of screening the underside of a mobile home by forming an extension of the vertical exterior walls of the mobile home and covering the entire distance between the bottom of the exterior walls and the ground elevation below.  

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

SOIL STABILIZATION:    The proper placing, grading and/or covering of soil, rock or earth to insure their resistance to erosion, sliding or other movement. 

STREET:   Includes street, avenue, boulevard, road, highway, freeway, parkway, lane, alley, viaduct,    cartway, and any other ways used or intended to be used by vehicular traffic or pedestrians whether public or private and for the purposes of this Ordinance shall be classified as follows:  

A.         Arterial Streets are those which are used primarily for through, fast or heavy traffic and are under the auspices of the Pennsylvania Department of Transportation (PennDOT);  

B.         Collector Streets are those which carry traffic from minor streets to the major system of arterial streets and are under the auspices of the Pennsylvania Department of Transportation  (PennDOT);  

C.        Minor Streets are those which are used primarily for access to the abutting properties; 

D.        Marginal Access Streets are minor streets which are parallel to the adjacent arterial streets and which provide access to abutting properties and protection from through traffic;  

E.         Alleys are minor ways which are used primarily for secondary vehicular service access to the back or side of properties. 

STREET, HALF OR PARTIAL:   A street that is divided by or traverses along a property line, where neither property controls or provides the full right-of-way and cartway as may be required for streets. 

STRUCTURE:   Anything enclosing an area of one hundred (100) square feet or more constructed or erected, the use of which demands a location on the soil, or attachment to something located in or on the soil.  A structure shall also include any man-made object having an ascertainable stationary location on or in land or water, whether or not affixed to the land. 

SUBDIVIDER:  A person, partnership or corporation, or developer who or which owns land, or a developer working with the property owner under an agreement in the Township and for which a Land Subdivision application is filed and processed under the provisions of this Ordinance. 

SUBDIVISION:  The division or redivision of a lot, tract or parcel of land by any means into two 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, transfer of ownership or building or lot development.  Provided, however, that the subdivision by lease of land for agricultural purposes into parcels of more than ten acres, not involving any new street or easement of access or any residential dwellings, shall be exempted. 

A.         MAJOR SUBDIVISION:  Any subdivision involving eleven (11) or more lots, parcels of land or other divisions of land (separated from the parent tract since May 15, 1972) whether or not they involve new streets, additional utilities or other facilities immediate or future. 

B.         MINOR SUBDIVISION:  Any subdivision involving not more than ten (10) lots, parcels of land, or other divisions of land (separated from the parent tract since May 15, 1972) which abut a street of sufficient width and does not require a new street, the installation of sanitary sewers, storm sewers, water mains or pipes, or other facilities. 

SWALE:  A low-lying stretch of land, which gathers or carries surface water runoff. 

TOPOGRAPHIC:  A map showing the elevations of the ground and contours or elevations. 

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

TOWNSHIP:     The Township of Decatur, Clearfield County, Pennsylvania. 

WATER SUPPLY SYSTEM, COMMUNITY:   A system for supplying water from a common, privately-owned water source through a pipe system to individual users in a community or development. 

WATER SUPPLY SYSTEM, OFF-LOT: A safe, adequate and healthful potable water supply to a single user from a private well or spring and located outside the confines of the lot on which the use it serves is located. 

WATER SUPPLY SYSTEM, ON-LOT:   A safe, adequate, and healthful potable water supply to a single user from a private well or spring and located within the confines of the lot on which the use it serves is located. 

WATER SUPPLY SYSTEM, PUBLIC:   A publicly-operated system for supplying safe potable water in sufficient quantities from a common source to two (2) or more users within a franchise area, as administered by a municipality, municipal authority, or public utility as defined and regulated by the Pennsylvania Public Utilities Commission. 

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

ARTICLE III 

JURISDICTION AND CONTROL 

SECTION 301.     JURISDICTION 

Section 301.01      The Board is vested with the jurisdiction and control of the subdivision and development of land located within the limits of Decatur Township in accordance with the “Pennsylvania Municipalities Planning Code”, (Act 247) effective January 1st, 1969, as amended. 

SECTION 302.     SUBDIVISION AND LAND DEVELOPMENT CONTROL 

Section 302.01      No lot in a subdivision may be sold; no permit to erect, alter or repair any building upon land in a subdivision may be issued; and no building may be erected in a subdivision, unless and until a final subdivision plan has been approved and recorded; and until the improvements required by the Board have either been completed or guaranteed as provided by this Ordinance.  Where, owing to special conditions, a literal enforcement of this provision would result in unnecessary hardship, the Board may make such reasonable exception thereto as will not be contrary to the public interest and may permit the sale of a lot, issuance of a permit, or erection of a building, subject to conditions necessary to assure adequate streets and other public improvements. 

Section 302.02      No lot, tract or parcel of land will be subdivided, and no land will be developed, and no street, alley, sanitary sewer, storm sewer, water main or related facility will be laid out, constructed, opened or dedicated for public use or travel, or for the use of occupants of buildings abutting or to abut on them, except according to the provisions of this Ordinance and any other ordinances of the Township. 

Section 302.03      The scope of this Ordinance shall include all matters over which, by law, the Township is authorized to exercise control by enactment and enforcement of this Subdivision and Land Development Ordinance, including but not necessarily limited to: 

A.   All improvements within the tract undergoing subdivision or land development;

B.   The improvements of adjacent public facilities, including streets and drainage facilities which border upon the tract; and

C.  The installation or enhancement of off-site improvements needed to adequately serve the subdivision or land development. 

ARTICLE IV 

 SUBDIVISION AND LAND DEVELOPMENT PROCEDURES 

SECTION 401.    GENERAL PROCEDURES 

Section 401.01      The plan requirements and processing procedures shall be followed by the applicant as set forth herein and all applications for subdivisions and land developments shall be submitted to the Planning Commission for review and tentative approval prior to consideration for formal approval by the Board. 

Section 401.02      All subdivision and land development applications shall be for the purposes of procedure, classified as either minor or major, as defined in Article II. 

Section 401.03      Entities submitting an application for subdivision or land development shall apply for and secure approval in accordance with the following procedures:

A.   Minor Subdivision or Land Development Proposal

1.   Final Plan (mandatory) 

B.   Major Subdivision or Land Development Proposal

1.   Sketch Plan (mandatory)

2.   Preliminary Plan (mandatory)

3.   Final Plan (mandatory) 

Section 401.04      Preliminary or final subdivision or land development plan submittals shall be filed with the Township Secretary, who will make the appropriate distributions for review.  All plans shall be submitted with the necessary forms and fees as determined by this Ordinance or other resolution of the Board.  No application shall be considered filed until application fees have been fully paid and all application requirements have been met. 

Section 401.05      The applicant, or his or her representative, shall attend all meetings at which his or her application is scheduled for discussion. 

SECTION 402.     PRE-APPLICATION SUBMISSION (SKETCH PLAN) 

Section 402.01      Applicants are required to prepare for review with the Board subdivision sketch plans as further described in Section 501. 

Section 402.02      Such sketch plans will be considered as submitted for informal discussion between the applicant, the Planning Commission and the Board.  Submission of a sketch plan shall not constitute formal filing or submission of an application for approval of a subdivision or land development with the Board. 

Section 402.03      As far as may be practical on the basis of a sketch plan, the Board shall informally advise the applicant, at the next monthly meeting, of the extent to which the proposed subdivision conforms to the design standards of this Ordinance and will discuss possible plan modifications necessary to secure conformance.

Section 402.04      Submission of a sketch plan shall not constitute or replace a formal application for a preliminary or final subdivision or land development plan. 

SECTION 403.     PLAN SUBMISSION STANDARDS 

Section 403.01      All plans for subdivision or land development, together with planning modules, documents and applicable permits as may be required by other government agencies, shall be submitted to the Township for review, and approval or denial.  No preliminary or final plans will be accepted less than seven (7) working days prior to the next regularly scheduled Planning Commission meeting. 

Section 403.02      Preliminary and final plan applications will not be accepted for review until all supplementary data and studies as specified in Sections 502 and 503 of this Ordinance have been received by the Township. 

Section 403.03      The Township shall require the payment of all review and other fees prior to formal action on the plan by the Board.  At the time of filing, the applicant shall pay to the Township fees to be used to defray the cost of processing such plans.   There shall be an additional charge for repeat review of rejected plans, plus any additional costs incurred in processing plans.  Fees to be paid are subject to change pursuant to procedures adopted by the Township. 

Section 403.04      Preliminary and final plans for all proposed subdivision and land development lying within the Township shall be filed by the Township with the appropriate agencies for review and report.  Review agencies shall include, among others, Clearfield County Water and Soil Conservation District and the Clearfield County Planning Commission. 

Section 403.05      From the time an application for approval of a plan is duly filed as provided in this Ordinance, and while such application is pending approval or disapproval, no change or amendment of this Ordinance or other governing ordinance or plan shall affect the decision on such application adversely to the applicant and the applicant shall be entitled to a decision in accordance with the provisions of the governing ordinances or plans as they stood at the time the application was duly filed.   

SECTION 404.     PREPARATION OF PLANS AND SPECIFICATIONS 

Section 404.01      Specifications and plans for a subdivision or land development layout including water, sewerage systems and stormwater drainage systems, shall be prepared by a professional surveyor or engineer licensed in the Commonwealth of Pennsylvania, and shall bear his or her seal and signature. 

Section 404.02      The layout and preparation of plans should be based on site topography with due consideration given to stormwater management, aesthetics and environmental constraints. 

SECTION 405.     PRELIMINARY PLAN REVIEW 

Section 405.01      Preliminary plans and supporting data shall comply with the provisions of Article V of this Ordinance.

Section 405.02      Six (6) copies of the preliminary plan shall be submitted to the Township. 

Section 405.03      At the next regularly scheduled meeting, the Planning Commission shall consider the plan and make its recommendations to the Board.  In its review of the plan, the Planning Commission shall consider overall compliance of the plan with this and other applicable Township ordinances and shall, if necessary, refer the plan to the Township Engineer to examine the engineering feasibility of the various schemes presented for the location, alignment and grade of streets, sewers, storm sewers and water supply.  The Planning Commission shall also consider the suitability of the plan for the development of the site and its relation to the appropriate extension of streets and the arrangement and density of housing, and the compatibility of the plan with the Osceola Mills Decatur Township Joint Comprehensive Plan.  The comments and recommendations of the Planning Commission, along with the comments of the Township Engineer, if any, shall be forwarded to the Board within five (5) days of completion of the Planning Commission’s review.  The Planning Commission shall have thirty (30) days to review the preliminary plans. 

Section 405.04      For proposed development abutting or traversed by the Township boundary, the applicant shall submit a copy of the plan to the abutting or adjoining municipality for their review and comment. 

Section 405.05      The Board may, before acting on the subdivision or land development plan, arrange for a public hearing on the plan after giving such public notice as required by the Ordinance.  If a public hearing has been held on a preliminary plan, a public hearing shall not be required on the final plan unless the final plan is substantially different from the preliminary plan. 

Section 405.06      The Board, at a regular meeting open to the public, shall review the preliminary plan and shall make recommendations as are deemed necessary to obtain conformance with the Ordinance.  The Board shall render its decision and comment to the applicant no later than sixty (60) days after the date on which the Planning Commission initially made its recommendation.

SECTION 406.     FINAL PLAN REVIEW 

Section 406.01      Major Plans 

A.   Within one (1) year after the Board’s action on the preliminary plan, a final plan and necessary supporting data shall be submitted to the Board for final approval; provided, however, that an extension of time may be granted by the Board upon written request.  Otherwise, the plan submitted shall be considered as a new preliminary plan. 

B.   The final plan shall conform in all important aspects with the preliminary plan as previously reviewed by the Board and shall incorporate modifications and revisions specified by the Board in its review of the preliminary plan. 

C.  The final plan and supporting data shall comply with the provisions of Article V of this Ordinance.  Applications not filed in accordance with Article V shall be considered incomplete and shall not be considered for approval. 

D.  Six (6) copies of the final plan shall be submitted to the Township.  The Board shall provide a copy of the final plan to all appropriate agencies and the Planning Commission for their recommendation. 

E.   The Board shall review the final plan at a regularly scheduled meeting or at a special meeting for that purpose, and shall render its decision and communicate it to the applicant in writing, listing all reasons for plan rejection if such is the case, within ninety (90) days following the date of the first regular Planning Commission meeting at which the final application was reviewed.  In no event shall the Planning Commission render its decision longer than ninety (90) days from the date of the regular meeting of the Planning Commission next following the date the application for approval is filed.

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

G.  Upon completion of necessary reviews of final plans, the applicant shall present copies of all final plans in the form of clearly legible diazo or xerographic prints made from originals drawn on paper or plastic film.  Space shall be provided for the signatures of the Board as specified in Article V of this Ordinance.  One (1) copy of the approved plans shall be submitted to the Board after formal approval.

Section 406.02            Minor Plans 

A.   Preliminary plans and reviews may be eliminated and final plans prepared at the direction of the Planning Commission.  

B.   The applicant shall submit six (6) copies of a final plan of any minor subdivision to the Planning Commission.  The plan shall outline the proposal in sufficient detail to permit a determination by the Planning Commission that the proposed subdivision or land development conforms with this Ordinance.

C.  Professional engineering services shall be required for all minor subdivision or land development applications, particularly for those comprised of one or two lots. 

D.  Upon a determination by the Planning Commission that the proposed subdivision or land development is in conformance with this Ordinance, the applicant shall be advised of the decision of the Planning Commission, or of such changes as may be required, within thirty (30) days of the meeting, and shall be requested to submit six (6) copies of the plan in the approved format within sixty (60) days of written notification of the Planning Commission decision. 

E.   The Planning Commission shall submit the final plan with its recommendation for approval to the Board for consideration and formal action. 

SECTION 407.     SUBDIVISION AND LAND DEVELOPMENT AGREEMENT 

Section 407.01      Every applicant for final plan approval shall execute a formal agreement to be approved by the Board before the final plan is released by the Board and filed on record.  The agreement shall specify the following, where applicable: 

A.   That the owner agrees to design and construct all roads, streets, or lanes together with all other improvements, including grading, paving, curbs, gutters, sidewalks, street lights, fire hydrants, water mains, street signs, shade trees, storm and sanitary sewers, landscaping, traffic control devices, open space and restricted areas, erosion and sediment control measures in accordance with the final plan as approved, where any or all of these improvements are required as conditions of approval, and that the applicant shall complete these improvements within the time specified by the Board or upon posting of the security as spelled out in 53 P.S. § 10509. 

B.   That the owner guarantees completion and maintenance of all improvements by means of a corporate surety bond, deposit of funds, government securities in escrow, or irrevocable letter of credit acceptable to the Board or upon posting of the security as spelled out in 53 P.S. § 10509. 

C.  That the owner agrees to tender a deed or deeds of dedication to the Township for such streets and for such easements for sanitary and storm sewers, sidewalks, manholes, inlets, pumping stations and other appurtenances as shall be constructed as public improvements provided that the Township shall not accept dedication of such improvements until their completion is certified as satisfactory by the Township Engineer or representing agent, and when applicable as approved by the appropriate regulatory agencies.  Approval of subdivision plans does not constitute acceptance of streets or utilities unless so specified by the Board.  The Township shall not be required to accept these improvements but may agree to do so upon completion at the discretion of the Township. 

D.  Whenever a developer proposes to establish or continue a street which is not offered for dedication for public use, the Board shall require the developer to submit, and also to require to record with the plan, a copy of an agreement made with the Board on behalf of himself and his heirs and assigns, and signed by him and which shall establish the conditions under which the street may later be offered for dedication, and shall stipulate, among other things: 

1.   That the offer to dedicate the street shall be made only for the street as a whole. 

2.   That the Township shall not be responsible for repairing or maintaining any undedicated street. 

3.   That the method of assessing repair and maintenance costs of undedicated streets be stipulated, and shall be set forth in recorded deed restrictions so as to be binding on all successors or assigns. 

4.   That if dedication be sought, the street shall conform to the Township’s specifications or that the owners of the abutting lots shall, at their own expense, restore the street to conformance with Township specifications. 

SECTION 408.     REQUIRED GUARANTEES 

Section 408.01      General Requirements 

A.   Financial security required by this section shall be in the form of a Federal or Commonwealth chartered lending institution irrevocable letter of credit, a restrictive or escrow account in such institution or with a financially responsible bonding company, cash or cash equivalent, or such other type of financial security subject to the approval of the Township.  The bonding company may be chosen by the party posting the financial security, provided that the said bonding company or lending institution is authorized to conduct business within the Commonwealth of Pennsylvania and stipulates that it will submit to Pennsylvania jurisdiction and Clearfield County venue in the event of legal action. 

B.   All agreements for required guarantees shall be executed by the applicant or developer and shall be approved by the Township provided that such an agreement is satisfactory to the Township Solicitor. 

C.  If financial security has been provided in lieu of the completion of improvements required as a condition for the final approval of a subdivision or land development proposal as set forth in this Ordinance, the Township shall not condition the issuance of a building, grading, or other permit relating to the erection or placement of improvements, including buildings, upon the lots or land as depicted on the approved final plan, upon actual completion of the improvements.  Moreover, if said financial security has been provided, building permits for any building or buildings to be erected shall not be withheld following: 

1)   The completion of the construction of new streets as described in Article VI of this Ordinance in all respects except for the installation of the wearing course. 

2)   The completion of all improvements as depicted upon the approved final plan, either upon the lot or lots or beyond the lot or lots in question if such improvements are necessary for the reasonable use of occupancy of the building or buildings. 

Section 408.02            Approval of Improvements

A.   When the developer has completed all of the necessary and appropriate improvements, the developer shall notify the Board, in writing, by certified or registered mail, of the completion of the improvements and shall send a copy thereof to the Township Engineer.  The Board shall, within ten (10) days after receipt of such notice, direct and authorize the Township Engineer to inspect all of the improvements.  The developer shall assume all reasonable and necessary expenses, in accordance with a schedule adopted by Resolution, incurred by the Township and the Township Engineer to review and approve the improvements.  The Township Engineer shall file a report, in writing, with the Board, and shall promptly mail a copy of the report to the developer by certified or registered mail.  The report shall be made and mailed within thirty (30) days after receipt by the Township Engineer of the aforesaid authorization from the Board.  The report shall be  detailed and shall indicate approval or rejection of the improvements, either in whole or in part.  If the improvements, or any portion thereof, shall not be approved or shall be rejected by the Township Engineer, the report shall contain a statement of reasons for such non-approval or rejection. 

B.   The Board shall notify the developer, in writing by certified or registered mail, of its action with regard to approval, non-approval or rejection of the improvements within fifteen (15) days of receipt of the Township Engineer’s report. 

C.  If the Board fails to comply with the time limitation provisions contained herein, all improvements will be deemed to have been approved and the developer shall be released from all liability, pursuant to its performance guaranty bond. 

D.  If any portion of the improvements shall not be approved or shall be rejected by the Board, the developer shall proceed to complete those improvements and, upon completion, the same procedure of notification, as outlined above, shall be followed. 

E.   Nothing herein, however, shall be construed in limitation of the developer’s right to contest or question by legal proceeding or otherwise, any determination of the Board or the Township Engineer. 

F.   In the event that any required improvements have not been approved, the Board may enforce any corporate bond or other security by appropriate legal and equitable remedies. If the proceeds of such bond, or other security, are insufficient to pay the cost of installing or making repairs or corrections to all the improvements covered by said security, the Board may, at its option, install part of such development and may institute appropriate legal or equitable action to recover the moneys necessary to complete the remainder of the improvements.  All of the proceeds, whether resulting from the security or from any legal or equitable action brought against the developer, or both, shall be used solely for the installation of the improvements covered by such security, and not for any other municipal purpose. 

Section 408.03            Performance Guarantee 

A.   The developer shall be responsible for maintenance of all subdivision or land development improvements until such improvements are offered for dedication and are accepted by the Township or have been placed under the control of a community association. 

B.   Where the Board accepts dedication of all or some of the required improvements following completion, the Board shall require the posting of financial security to secure the structural integrity of the improvements and the functioning of the improvements in accordance with the design and specifications as depicted on the approved final plan. 

C.  The security required shall be in the form required by Section 408.01(A) of this Ordinance, shall be for a term of eighteen (18) months from the date of the acceptance of the dedication, and shall be in an amount equal to fifteen (15) percent of the actual costs of installation of the dedicated improvements. 

Section 408.04            Maintenance Guarantees 

A.   Where maintenance of stormwater management facilities is to be the responsibility of individual lot owners, a community association, or some other entity, the Board shall require that maintenance responsibilities be set forth in perpetual covenants or deed restrictions binding on the landowners’ successors in interest, and may further require that an initial maintenance fund be established in a reasonable manner. 

B.   If water mains, sanitary sewer lines, or both, along with related facilities, are to be installed under the jurisdiction and pursuant to the rules and regulations of a public utility or municipal authority separate and distinct from the Township, financial security to assure proper completion and maintenance thereof shall be posted in accordance with the regulations of the controlling public utility or municipal authority and shall not be included within the financial security as otherwise required by this Ordinance. 

Section 408.05            Recording of the Final Plan 

  1. Within ninety (90) days of the approval of the final plat, or ninety (90) days after delivery of an approved plat signed by the Board following completion of conditions imposed for such approval including applicant’s execution of the Subdivision and Land Development Agreement and Improvement Guarantee, if required, whichever is later, the final plan shall be recorded by the applicant in the office of the Recorder of Deeds of Clearfield County.  All plans must be submitted for endorsement to the Decatur Township Planning Commission before recordation.  One copy of the recorded plan shall be returned to the Township Secretary within fifteen (15) days after recording.  The applicant shall furnish the Township with a Recorder’s Certificate verifying the final plan is properly recorded.  The requirements of Act 247, the Pennsylvania Municipalities Planning Code, shall govern the action of the developer in the recording of documents. 

B.   The recording of the final plan shall not constitute grounds for assessment increases until such time as lots are sold or structures are installed on the lots included within the subject plan. 

C.  As-built plans shall be approved and recorded if they differ from the plan of record.

Section 408.06            Permits 

A.   Upon submission to the Township of a copy of the Recorder of Deeds receipt for the recording of the final plan or lot addition, the issuing agent shall issue a building permit to the applicant.  No construction activities (including earth-moving activities, but not including soil or percolation testing, well drilling or similar engineering or surveying activities) shall be initiated by the applicant until the building permit has been issued by the issuing agent.  The permit does not relieve the applicant from obtaining all applicable County, State and Federal permits having specific jurisdiction. 

B.   No water system or sewer system including extensions to existing or proposed Township systems shall be constructed prior to the issuance of appropriate permits from the Pennsylvania Department of Environmental Protection or from other Federal, State or local agencies, as required. 

C.  The applicant is responsible for obtaining permits relative to working within or adjacent to wetlands from the Pennsylvania Department of Environmental Protection and/or the U.S. Army Corps of Engineers.  The applicant is responsible for obtaining permits related to water supply, sewerage, and sewage treatment from the Township and Pennsylvania Department of Environmental Protection.  The applicant is responsible for obtaining a highway occupancy permit from the Pennsylvania Department of Transportation.  The applicant is responsible for obtaining erosion and sediment control permits from the Clearfield County Conservation District or the Pennsylvania Department of Environmental Protection, as applicable. 

Section 408.07            As-built Plan Submission Requirements   

Upon completion of an approved plan and prior to the final relinquish of guarantee funds, the applicant shall have prepared and shall deliver to the Township six (6) copies of the as-built plans of the land development. 

ARTICLE V 

PLAN REQUIREMENTS 

SECTION 501.           SKETCH PLAN 

Section 501.01            A sketch plan shall be submitted by the applicant as a basis for informal discussion with the Board and the Planning Commission.  

Section 501.02            Sketch plans may be professionally drafted or freehand, done in ink on paper, or may be in the form of zerographic or electronic prints. 

Section 501.03            A sketch plan need not be to exact scale nor are precise dimensions required.  Scale is at the option of the applicant, but a scale of one inch (1") equals not more than two hundred feet (200') is recommended. 

Section 501.04            Data furnished in a sketch plan shall be at the discretion of the applicant.  For a sketch plan to be fully useful, it is suggested that the plan include the following information: 

A.         Proposed subdivision name, identifying title and the words “Preliminary Plan.” 

B.         Name and address of the owner of the tract and of the developer. 

C.        Tract boundaries showing all distances and bearings, total acreage of the tract, number of lots proposed, remaining acreage of any unsubdivided land. 

D.        Municipality in which the subdivision is located. 

E.         North arrow, graphic scale and date of drawing. 

F.         Streets on and adjacent to the tract. 

G.        A key map for the purpose of locating the site in the Township, showing the relation of the tract to adjoining property and streets, roads, bodies of water, and municipal boundaries within two thousand (2,000) feet of the development property.  

H.        Significant topographical and physical features. 

I.          Proposed general street layout.  If a PennDOT Highway Occupancy Permit is required, the approved permit number must be shown on the plat. 

J.         Proposed general lot layout. 

K.         Physical features such as soil types, floodplains, streams, ponds, lakes, wetland areas, and contours at twenty (20) foot intervals.

L.         Proposed major changes to the physical features. 

M.        An indication of the proposed intensity of use, such as gross density in residential developments or the number and nature of prospective tenants in an office, commercial or industrial development. 

N.        All existing buildings. 

O.        The names of all owners of any immediately adjacent unplatted land; the names of all platted subdivisions immediately adjacent to the development; and, the locations and dimensions of any streets or easements terminating adjacent to the development. 

P.         If a non-building waiver is requested, the waiver must be included on the plat accompanied by the signatures of the landowner and the sewage enforcement officer. 

Q.        Site Plan Analysis for Major Subdivisions and Non-Residential Development. 

SECTION 502.     PRELIMINARY PLAN 

Section 502.01      A complete preliminary plan shall include all the information described by this section, including the studies, analyses and documents as may be required. 

A.   Drafting standards 

All plans, drawings and other sketches shall conform with the following standards: 

1.   Preliminary plans must be submitted in the form of xerographic copies or diazo prints made from original drawings on reproducible paper or mylar and shall show the property boundaries of the entire tract being subdivided or developed. 

2.   The preliminary plan shall be at a scale of not more than two hundred (200) feet to one (1) inch.

3.   The size of plan drawings shall be twenty-four (24) inches by thirty-six (36) inches.  Where more than two sheets are required, an overall key sheet shall be provided, and match lines must be shown on each sheet. A set of plans shall consist of uniformly sized sheets. 

4.   Tract boundaries with bearings shown to the nearest seconds and distances shown to the nearest one-hundredth (0.01) of a foot shall be illustrated. 

5.   Proposed lot layout with the area of each in acres, calculated to the nearest one-thousandth (0.001) of an acre shall be shown.  Proposed lots smaller than one (1) acre shall be further labeled with their lot size to the nearest square foot.

B.   Plan Content 

In order to be considered complete, all plans shall contain at least the following: 

1.   A preliminary plan shall be submitted with a completed Township form requesting review as well as the total review fee as established by the Board. 

2.   Proposed subdivision name or title and intent of plan. 

3.   Municipality and location map at a scale of not less than one (1) inch equals two thousand (2,000) feet.  The location map shall be placed on the cover sheet and with identical orientation to the plan. 

4.   North arrow, scale, date of original drawings and any revisions, and a signature approval block located in the lower right corner of each sheet requiring municipal signatures. 

5.   Name of recorded owner of property and applicant along with appropriate tax data from the Clearfield County Tax Assessor Office necessary to identify the property. 

6.   Name and seal of the professional engineer, surveyor, architect or landscape architect, licensed in the Commonwealth of Pennsylvania, responsible for the preparation of the plan. 

7.   Block numbers and lot numbers, which shall be consecutive throughout the subdivision and not independent for each block or phase of the proposal. 

8.   Significant physical features within the tract and an adjacent fifty (50) foot perimeter.  If the project is a major subdivision or land development, then the perimeter strip shall be extended up to four hundred (400) feet in width.  Such physical features shall include: 

a)   Contour lines of not more than two (2) foot intervals for land with an average natural slope of eight (8) percent or less, and at intervals of not more than five (5) feet for land with an average natural slope exceeding eight (8) feet. 

b)   Data to which elevation controls refer shall be included. 

c)   Soil types, based on the U.S.D.A. Soil Survey of Clearfield County. 

d)   Manmade or natural water courses and their accompanying floodplain, designated wetland areas, swales, ponds or reservoirs. 

e)   Existing vegetation coverage and proposals for improvements. 

f)    All existing buildings, sewer mains and on-lot disposal systems, wells, water mains and fire hydrants, culverts, pipelines, gas mains, power lines, telephone lines, and other significant man-made utilities and facilities. 

g)   All existing streets on or adjacent to the tract, including street name, right-of-way width, and cartway width. 

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

10. The location and width of all proposed streets, alleys, rights-of-way and easements shall be shown. 

11. The minimum building setback line from each street shall be shown. 

12. Playgrounds, public buildings, public areas, and parcels of land proposed to be dedicated or reserved for public use shall be indicated. 

13. Proposals requiring access to roads under the jurisdiction of the Pennsylvania Department of Transportation shall bear a notice that a highway occupancy permit is required pursuant to Section 420 of the State Highway Law (P.L. 1242, No. 428) before access to a state road is permitted. 

14. The plan shall show the names of owners of all abutting, unplatted land and the names of all abutting subdivisions. 

15. Where the preliminary plan covers only a part of the applicant’s entire holding, a sketch plan shall be submitted of the prospective street layout for the remainder to determine how safe and efficient access will be provided to the remainder of the property and how future subdivision and land development will relate and interact with the current proposal. 

16. All street extensions or spurs as are reasonably necessary to provide adequate street connections and facilities to adjoining or contiguous developed or undeveloped areas.

17. Where off-site water service is to be provided, the location and size of all water service facilities within the subdivision shall be shown including wells, storage tanks, pumps, mains, valves and hydrants.

Section 502.02      All plans shall include the following supporting documentation: 

  1. Maintenance responsibilities and use restrictions for all rights-of-way and easements within or adjacent to the tract shall be described on the plan.  The ownership of all such rights-of-way and easements shall also be indicated, including the owner’s name and address.  This information shall not be required for existing public roads. 
  2. A statement of the proposed method of water supply, including evidence that such source is capable of providing a reliable supply of potable water in sufficient quantity for the entire proposed development.  For individual off-site water supply systems, a copy of a recorded agreement for the use of the source by the subject lot. 

C.  A statement of the proposed method for sewage disposal.  Where on-site sewage disposal facilities are proposed, the applicant shall submit a statement with regard to the suitability of the soil to absorb sewage wastes.  Where, in the opinion of the Township Engineer, doubt exists about the ability of the soil to absorb such waste, the Board may require further analysis as provided in Section 614.05 of this Ordinance. 

D.  A statement describing all proposed public improvements including streets, curbs and stormwater facilities.

Section 502.03      Site Analysis Plan for Major Subdivisions and Non-Residential Development 

A.   The Site Analysis Plan shall show the complete boundary of the tract proposed for a major subdivision or development and shall demonstrate how the proposal will conserve the existing natural and historical resources of the tract.  Features shown on the site analysis shall include at a minimum: 

1.   Tract boundary with bearings and distances. 

2.   Freshwater wetlands. 

3.   Man-made or natural water courses and water bodies, swales, the 100-year floodplain, and the location of alluvial soils and soils with a seasonal high water table within eighteen (18) inches of the surface. 

4.   Contour lines at no more than five (5) foot intervals. 

5.   Steep slope areas consisting of areas between fifteen (15) and twenty-five (25) percent and areas with slopes in excess of twenty-five (25) feet shall be indicated. 

6.   Vantage points and vistas both into and out of the tract. 

7.   Existing tree masses and outstanding specimen trees of twelve (12) inch caliper or greater.  The Township strongly encourages the preservation of existing, viable trees on land proposed for development. 

8.   Existing structures on adjacent properties. 

9.   Existing dimensions and conditions of roads abutting and traversing the tract, including the cartway and right-of-way dimensions of such roads. 

10. A written analysis of the features included on the Site Analysis Plan. 

Section 502.04      Erosion, Sedimentation and Stormwater Management Plan. 

A.    This plan shall be required when an applicant expresses an intent to change the natural state of any land proposed to be subdivided, developed, or changed in use by grading, excavating, removing, or destroying the natural topsoil, trees, or other vegetative covering. 

B.   The plan shall demonstrate adherence to Section 607 of this Ordinance. 

C.  The preparer of the plan shall include in the plan adequate measures for control of erosion and siltation, following the guidelines and policies of the Clearfield County Soil and Water Conservation District.  The developer shall be required to comply with the guidelines and policies. 

D.  The following control measures are typical of the type required in an effective Erosion, Sedimentation and Stormwater Management Plan: 

1.   The smallest practical area of land should be exposed at any given time during development. 

2.   When land is exposed during development, the exposure shall be kept to the shortest practical period of time. 

3.   Where necessary, temporary vegetation or mulching shall be used to protect areas exposed during development. 

4.   Sediment traps, including debris basins, desilting basins and silt traps, shall be installed and maintained to remove sediment from runoff waters from land undergoing development. 

5.   Provisions shall be made to mitigate the increased peak runoff caused by changed soil and surface conditions during and after development. 

6.   Permanent, final vegetation and structures shall be installed as soon as practical in the development. 

E.   The plan shall include the following information for major subdivisions and all non-residential development:

1.   The delineation of pertinent drainage areas. 

2.   Indication of hydrologic soil groups within the drainage areas. 

3.   A narrative indicating the assumptions made and the resulting runoff curve numbers for the prevailing (pre-construction) conditions shall be based on either “meadow” (in good condition) or “forest” as applicable. 

4.   Runoff computations for the 24-hour, 2-year, 5-year, 10-year, 25-year, 50-year and 100-year storm. 

5.   The location and type of sediment and erosion control measures.  Such measures must be in compliance with Section 607 of this Ordinance. 

Section 502.05      Final Construction Plan Requirements for Major Subdivisions and Non-Residential Development 

A.   Final Construction Plans shall be required whenever an improvement for a major subdivision or non-residential development is to be constructed or installed. 

1.   The plan shall be drawn at the same scale as the Preliminary Plan. 

2.   The plan shall contain sufficient information to provide working plans for the layout and construction of proposed improvements, including public and private streets, utilities and stormwater management facilities.  The plan shall include, but not be limited to the following: 

a)   A horizontal plan showing layout of proposed improvements, including stations corresponding to those shown on the profiles, horizontal curves, and location and size of inlets and manholes, limits of grading showing edge of lots with reference to road cuts and fills and road stations.  The grading plan shall indicate the finished grades by contour lines, showing the proposed excavation, or fill, with reference to the prevailing topographic contours. 

b)   A profile plan indicating final grades of streets and sewers, and the extent of cut and fill operations. 

i.    The profile plan shall show the vertical section of the existing grade along the centerline of the proposed street, as well as the right-of-way limits.  Where storm drainage or sanitary sewer lines are to be installed, they shall be indicated on the profile plan. 

ii.    The horizontal scale on the profile plan shall be not less than one (1) inch equals one hundred (100) feet and the vertical scale shall be not less than one (1) equals ten (10) or, in cases where larger scales are used, the ratio shall be 1:10 vertical to horizontal. 

iii.   A typical cross section of street construction shall be shown on the profile plan and shall show: 

(a)  Right-of-way widths and the location and width of paving within the right-of-way. 

(b)  Type, thickness and crown of paving, specifying sub-grade treatment as well as sub-base, base course and wearing course materials. 

(c)  The location, width, type and thickness of curbs, gutters, and sidewalks to be installed, if any. 

(d)  Typical location, size and depth of any underground utilities that are to be installed in the right-of-way, where such information is available.

SECTION 503.     FINAL PLAN 

Section 503.01      Final plans must be submitted in the form of xerographic copies or diazo prints made from original drawings on reproducible paper or mylar and shall show the property boundaries of the entire tract being subdivided or developed. 

Section 503.02      All plans, drawings and sketches included with the final plan shall comply with the drafting standards as identified in Section 502.01 of this Ordinance. 

Section 503.03      A master plan of the entire development site at a scale of four hundred (400) feet to one (1) inch shall be included with the final plan. 

Section 503.04      Final plans shall include the following information and documentation: 

A.   All information required on preliminary plans. 

B.   Final subdivision or development name. 

C.  Sufficient data to readily determine the location, bearing, and length of every street, lot  and boundary line and to produce such lines upon the ground. 

D.  Tangent bearings and the length of all straight lines, radii, and curves for each street. 

E.   All dimensions and angles or bearings of the lines of each proposed lot and of each area proposed to be dedicated to public use. 

F.   Final street names within the subdivision or development. 

G.  Location of permanent reference markers as required by and described in Section 617 of this Ordinance. 

H.  An affidavit that the applicant is the owner or equitable owner of the land proposed for subdivision or development. 

I.    A statement duly acknowledged before an officer authorized to take acknowledgment of deeds and signed by the owner or owners of the property, to the effect that the subdivision or development as shown on the final plan is made with his or their free consent, that it is desired to record the same. 

J.   Copies of all relevant permits or certificates as may be required by the County, State and Federal agencies having jurisdiction. 

K.   If any of the supporting plans or studies submitted with the preliminary plan were deemed by the Board to need extensive revision, final and correct copies of such plans and studies shall be submitted with the final plan. 

L.   For lot additions, a deed or a legal description and sketch reflecting the properties merged. 

M.  No plat which will require access to a highway under the jurisdiction of the Department of Transportation shall be finally approved unless the plat contains a notice that a highway occupancy permit is required pursuant to section 420 of the act of June 1, 1945 (P.L. 1242, No. 428), known as the “State Highway Law,” before driveway access to a state highway is permitted.                                                                             

SECTION 504.     LOT ADDITION PLAN 

Section 504.01      The sole purpose of the plan is to convey an area of land to an adjacent property as an addition to the existing lot of record. 

Section 504.02      The parcel to be added is contiguous to the receiving lot and maintains or improves the lot lines of both parcels. 

Section 504.03      Both the resulting remnant lot and expanded lot shall conform to the lot area and configuration requirements of the Township. 

Section 504.04     The subdivision plan includes the following note: 

“This plan creates a lot annexation(s). Lot No.(s) ______ cannot be represented as, or retained as, a separate lot(s), nor can Lot No.(s) ______ be used by itself (themselves) by any party for any construction or other land development. 

The property transfer will result in the recording of a deed with the Clearfield County Recorder of Deeds.  A copy of the recorded deed will be provided to the Township within seven (7) days of its recording.” 

Section 504.05      The subdivision plan includes the following signed and notarized statement from the intended purchasers that: 

“I/We hereby certify that, as the owner(s) of adjacent land (Deed Reference No. _____) to the parcel shown as lands of _______________________ on this plan, it is my/our intention to acquire said parcel upon approval and recording of this plan.  I/We hereby agree to incorporate Lot No.______ with my/our adjacent land holdings into one (!) tract of land with one (1) encompassing description within ninety (90) days of transfer to my/our ownership.  I/We further agree to provide a copy of the recorded deed to Decatur Township within seven (7) days of its recording.” 

ARTICLE VI 

DESIGN STANDARDS 

SECTION 601.           APPLICATION 

Section 601.01      The standards and requirements outlined in this section shall be considered minimum standards and requirements for the promotion of public health, safety and general welfare. 

Section 601.02      Where literal compliance with the standards specified in this section is clearly impractical, the Board may modify or adjust the standards to permit reasonable utilization of property while securing substantial conformance with the objective of these regulations. 

Section 601.03      Proposed subdivisions and developments shall be coordinated with existing nearby neighborhoods both within and outside of the Township so that the community as a whole may develop harmoniously. 

SECTION 602.     LAND REQUIREMENTS 

Section 602.01      Land shall be suited to the purposes for which it is to be subdivided or developed in conformance with the Osceola Mills Decatur Township Comprehensive Plan and other applicable ordinances. Specifically, the Little Laurel Run watershed and the Little Laurel Run stream corridor shall be protected as environmentally-sensitive areas. 

Section 602.02      Wetlands and land areas which are subject to periodic flooding or saturation shall not be platted for residential development or designated for such other uses as involve danger to health, safety or the general welfare of the citizens unless adequate permanent drainage is provided and unless provision is made and indicated on the plan for adequate disposal of sanitary sewage and drainage of surface and sub-surface water, comparable with public health standards, and subject to review and approval by appropriate regulatory agencies.

Section 602.03      The design of subdivisions and land developments shall preserve, insofar as possible, the natural terrain, natural drainage, existing topsoil and existing vegetation of the development site. 

Section 602.04      All portions of the tract being developed shall be taken up in lots, streets, public lands or other proposed uses so that remnants and land-locked areas shall not be created. 

SECTION 603.     STREET SYSTEM 

Section 603.01      All streets, which by design or intent are to become a part of the Decatur Township Official Map and the municipal circulation system by legal action of the Board, shall conform to the following design standards and be planned in a manner acceptable to the Planning Commission. 

Section 603.02      Where a subdivision abuts or contains an existing or proposed arterial street or a railroad right-of-way, access to the subdivision or development shall be limited to a minimum and shall be determined with regard for sight distance, distance between intersections, approach grades and requirements for future grade separations. 

Section 603.03      Marginal access and reverse frontage streets paralleling limited access and/or arterial streets shall be required.  Access to such streets shall not be more frequent than existing conditions will allow traffic at the current speed limit. 

Section 603.04      Street jogs with centerline offsets of less that one hundred twenty-five (125) feet shall be avoided. 

Section 603.05      Arterial and collector streets as identified on the Decatur Township Official Map shall be improved in accordance with standards and specifications of the Pennsylvania Department of Transportation. 

Section 603.06      When a street line changes direction more than ten (10) degrees it shall be connected with a curve radius sufficient to assure adequate sight distance. 

Section 603.07      Streets shall be laid out to intersect as nearly as possible at the right angles and no street shall intersect with any other street at less than sixty (60) degrees. 

Section 603.08      Collector and arterial streets shall not intersect at intervals of less than eight hundred (800) feet. 

Section 603.09      Alleys shall be prohibited unless special permission is granted by the Board. 

Section 603.10      Street right-of-way widths shall conform to the following:

 

Coll Arterial Street

 

50 feet

 

Coll Collector Street

 

50 feet

 

Res Residential Street

 

50 feet

 

Min  Minor Street

 

50 feet

 

All   Alley (when permitted)

 

20 feet

Section 603.11 Dead End Streets 

A.      Dead-end streets shall be prohibited; except as temporary stubs to permit future street extension into adjourning tracts, or when designed as permanent cul-de-sacs.  Any dead-end street which is constructed for future access to an adjoining property or because of authorized stage development, and which is open to traffic shall be provided with a temporary, all-weather turn around.  The turnaround shall be completely within the boundaries of the subdivision or land development and the turnaround shall be guaranteed to the public until such time as the street is extended.  Cul-de-sac streets, permanently designed as such, shall terminate in a turnaround of the same construction material as the cartway and shall meet the street standards. 

B.  Dead-end streets designed to be so permanently shall be provided with a cul-de-sac turn-around having a minimum outside cartway diameter of one hundred (100) feet and a minimum property line diameter of one hundred twenty (120) feet.  Cul-de-sacs planned in excess of fifteen hundred (1,500) feet in length shall be subject to review and approval by the Board.  Approval of additional length shall be granted only when deemed to be in the best interests of the citizens of the Township and when no jeopardy in regard to public protection is found. 

Section 603.12      Centerline grades should, whenever possible, be not less than one (1) percent. 

Section 603.13      Where the grade of any street at the approach to an intersection exceeds six (6) percent, a leveling area shall be provided having not greater than four (4) percent grade for a distance of twenty-five (25) feet measured from the nearest right-of-way line of the intersecting street. 

Section 603.14      At intersections, curb radii shall not be less than twenty (20) feet. 

Section 603.15      New partial or half streets shall not be permitted, except where essential to reasonable subdivision of a tract of land in conformance with the other requirements and standards of this Ordinance and where, in addition, satisfactory assurance for dedication of the remaining part of the street can be secured.  

Section 603.16      Multiple intersections involving junction of more than two streets shall be prohibited. 

Section 603.17      To insure adequate sight distance, minimum centerline radii for horizontal curves shall be as follows:

 

Min Minor Street

 

150 feet

 

CollCollector Street

 

300 feet

 

Art  Arterial Street

 

500 feet

SECTION 604.     PRIVATE DRIVEWAYS 

Section 604.01      Private driveways, whether individual or common on corner lots, shall be located at least forty (40) feet from the point of intersection of the nearest street right-of-way lines. 

Section 604.02      Driveways shall be designed to provide an adequate sight distance. 

SECTION 605.     STORMWATER MANAGEMENT 

Section 605.01      General 

A.   Lots shall be laid out and graded to provide positive drainage away from buildings. 

B.   Storm sewers, culverts and related installations shall be designed to: 

1.   Permit unimpeded flow of natural watercourses and drainage swales. 

2.   Insure adequate drainage of all low points along the line of streets. 

3.   Intercept stormwater runoff along streets at intervals reasonably related to the extent and grade of the area drained. 

4.   Provide zero increase in runoff peak flow rate. 

5.   Provide the most efficient and environmentally safe method of recharging ground water supplies. 

C.  In the design of stormwater installations, special considerations shall be given to avoidance of problems which may arise from concentration of stormwater runoff over adjacent properties. 

D.  Storm sewers shall have a minimum diameter of fifteen (15) inches and a minimum grade of one-half (½) percent.  Changes in alignment shall be made by straight sections connected by inlets or manholes.  Storm sewer sizes shall be selected in accordance with size of contributing sub-drainage areas to provide for a peak flow from a minimum storm frequency of ten (10) years.  Rainfall intensity curves and other hydraulic design data shall be as found on NOAH Atlas 14 (http://hdsc.nws.noaa.gov/hdsc/pfds/)  and shall be used in the design. 

F.   Manholes shall not be more than three hundred (300) feet apart on sizes up to twenty-four (24) inches, and not more than four hundred fifty (450) feet apart on larger sizes.  Inlets may be substituted for manholes on approval by the Township Engineer. 

G.  Stormwater roof drains shall not discharge water directly over a sidewalk or lane but shall disburse over a lawn or shall connect to a swale or storm sewer. 

H.  Bridges and culverts shall have ample waterway to carry expected flows, based on a minimum storm frequency of fifty (50) years.  Culverts shall be provided with wing-walls and constructed for the full width of the right-of-way.  Box culverts shall be provided with a paved flow line and with aprons and wing-walls at each end.  Bridge railing must be at least five (5) feet back from the edge of the final cartway width, and this five (5) feet width may be used to place sidewalks. 

I.    All storm drains and drainage facilities such as gutters, inlets, bridges and culverts shall be installed in accordance with current Pennsylvania Department of Highways specifications.  The land shall be graded for adequate drainage as shown on the surface drainage plan submitted and approved.  A detail plan of the storm drainage culverts, drains and inlets shall be required when deemed necessary by the Planning Commission.  

SECTION 606.     EROSION AND SEDIMENT CONTROL 

Section 606.01      All activities involving land disturbance, whether or not a plan is prepared or a permit obtained in accordance with this Ordinance, shall be consistent with the following standards.             

A.   All land disturbance activities shall be conducted in such a way as to prevent accelerated erosion and resulting sedimentation.  To accomplish this, all persons engaged in land disturbance activities shall design, implement, and maintain erosion and sediment control measures which effectively prevent accelerated erosion and sedimentation. 

B.   In order to prevent accelerated erosion and resulting sedimentation, land disturbance activities related to earth-moving operations to construct (including but limited to construction of buildings and other structures) and to paving activities, shall be conducted in accordance with the provisions of Chapter 102, Title 25, Rules and Regulations of the Pennsylvania Department of Environmental Protection and shall be guided by the following principles: 

1.   There shall be no discharge or sediment of other solid materials from the site as a result of stormwater runoff.

2.   No earth-moving or stripping of vegetation shall be conducted in areas of greater than twenty-five (25) percent slope unless specific approval is obtained from the Board and Township Engineer. 

3.   The Erosion and Sediment Control Plan shall be submitted with the preliminary and final plans.  Such plans shall be prepared in accordance with the Pennsylvania Department of Environmental Protection Erosion and Sediment Pollution Control Program Manual (most recent edition), and in compliance with the Clearfield County Conservation District practices. 

4.   Stripping of vegetation, regrading or other development shall be done in such a way that will minimize erosion. 

5.   To the maximum extent possible, natural vegetation shall not be removed except as provided in the approved final plan.

6.   The amount of area disturbed and the duration of exposure shall be kept to a practical minimum. 

Section 606.02      Adjacent Property  

A.    No person shall engage in earth-moving activities to endanger any adjoining public street, sidewalk, alley or other public property from settling, cracking, or other damage which might result from such earth-moving. 

B.   No person shall dump, move or place any soil, bedrock, or other material or divert or increase the flow of water so as to cause the same to be deposited upon or roll, flow or wash upon or over the premises of another without the express consent of the owner of such premises so affected, or upon or over any public street, street improvement, road, storm sewer drain, watercourse, or rights-of-way or any public property. 

Section 606.03      Permanent Stormwater Management 

A.   All subdivision and land development activities involving an increase in impervious cover shall limit the amount of stormwater runoff to an amount no greater than existed on the original undeveloped site as reviewed by the Township Engineer and approved by the Board. 

B.   Stormwater management facilities shall be designed to achieve the following: 

1.        To keep the total amount of stormwater runoff after development equal to the amount of stormwater runoff before the development. 

2.        To encourage groundwater recharge and protect local groundwater supplies. 

3.        To lessen the potential flooding and damage as a result of development through increased stormwater rates and levels for downstream areas. 

C.  To accomplish the stated purpose of stormwater management facilities, such facilities shall be designed according to the following: 

1.   Stormwater management facilities shall be designed to accommodate all changes in stormwater levels as identified in Section 502.04 (E) of this Ordinance. 

2.   All stormwater management facilities shall be designed in accordance with specifications and regulations of the Township, Clearfield County Soil and Water Conservation District, and the Pennsylvania Department of Environmental Protection.

3.   Applicants shall consider new and innovative techniques to control stormwater and shall consider retention and infiltration over detention.  In determining the best and most appropriate system, the applicant shall consider the following practices: 

a)    Utilization of minimum disturbance and minimum maintenance practices. 

b)    Decreased impervious area coverage. 

c)    Porous pavement with underground recharge beds. 

d)    Seepage pits, seepage trenches or other infiltration structures. 

e)    Cisterns and underground reservoirs. 

f)     Routed flow over grass. 

g)    Grassed channels and vegetation strips.

4.  The distribution and amount of stormwater onto any adjacent property shall, in no instance, be greater than the level of stormwater prior to development. 

5.  The design of stormwater facilities shall take into consideration topography, vegetation, soil types and other site characteristics. 

6.  Detention, retention and infiltration facilities shall use the existing topography of the land whenever possible.  As such, in the final design and construction of such facilities, slopes shall be consistent with the surrounding terrain in order to blend in with the surrounding area as much as possible. 

7.  The suitability and design of all stormwater facilities shall be approved by the Township Engineer. 

8.  Emergency spillways shall be included in the design of any basin in order to direct the overflow of stormwater to appropriate areas in case of malfunction or excessive stormwater. 

D.  Calculating Stormwater Runoff 

1.   Pre-development and post-development stormwater runoff shall be calculated for a given site based on either “meadow” (in good condition) or “forest land”, as applicable.  Included with runoff calculations shall be a narrative indicating the assumptions made and the resulting runoff curve numbers for the prevailing (preconstruction) conditions.

2.   Runoff computations shall be calculated for the following storm events and the corresponding 24-hour rainfall:

 

Storm Frequency

(years)

 

24-hour Precipitation (inches)

 

1

 

2.3

 

2

 

2.7

 

5

 

3.5

 

10

 

4.0

 

25

 

4.6

 

50

 

5.1

 

100

 

5.5


E.   Where stormwater facilities will be created, maintenance shall be the sole responsibility of the owner of the property on which the facility is located unless a community association has been established to maintain the facilities.  Where a community association has been created to maintain such facilities, the terms and arrangements for funding and maintenance shall be identified in accordance with Section 407.01(D) of this Ordinance. 

F.   Stormwater management plan details and pertinent construction instructions shall be clearly shown on the plan drawings.

SECTION 607.   GRADING FOR DRAINAGE 

Section 607.01      In order to provide more suitable building sites, the following requirements shall be met: 

A.  All lots, tracts, or parcels shall be graded to provide proper drainage from buildings without ponding, and all land within a development shall be graded to drain surface water without ponding except where other arrangements are approved by the Planning Commission.   

B.  All drainage provisions shall be adequate to handle the surface runoff and carry it to the nearest curbed street, storm drain, or natural watercourse.  Where drainage swales are used they shall be sodded or planted and of adequate slope, shape and size.   

C.  Concentration of surface water runoff shall only be permitted in swales or watercourses. 

D.  Excavations and fills: 

1.                  Cut and fill slopes shall not be steeper than 2:1 unless stabilized by a retaining wall or cribbing except as approved by the Planning Commission when handled under specific conditions. 

2.                  Adequate provisions shall be made to prevent surface water from damaging the cut face of excavations or the sloping surfaces of fills. 

3.      Cut and fills shall not endanger adjoining property. 

4.      Fill shall be placed and compacted to minimize sliding or erosion. 

5.      Fill shall not encroach on natural watercourses or constructed channels. 

6.                  Fill placed adjacent to natural watercourses or constructed channels shall have suitable protection against erosion during periods of flooding. 

7.                  Grading shall not be done in such a way so as to divert water onto the property of another landowner without the expressed consent of the Planning Commission and the landowner. 

8.      Necessary measures for dust control shall be exercised.  

9.                  Grading equipment shall not be allowed to cross live streams.  Provisions shall be made for the installation of culverts or bridges.

SECTION 608.  BLOCKS 

Section 608.01      Block lengths shall not exceed sixteen hundred (1600) feet. 

Section 608.02      In cases where the block length exceeds twelve hundred feet (1200) or where deemed essential by the Planning Commission to provide pedestrian circulation of schools, playgrounds, shopping centers and other community facilities, a crosswalk shall be provided with a pavement width of not less than six (6) feet. 

SECTION 609.  LOTS AND LOT SIZES 

Section 609.01      Lot dimensions and areas shall conform to the following minimum size requirements and other applicable State regulations:                        

                            Without Water & Sewer Service On One (1) acre minimum

                            With Water Service Only On One-half (½) acre minimum

                            With Water & Sewer Service On One-half (½) acre minimum 

Section 609.02      Lot Area and Width Adjustments. 

A.         On a lot held in single and separate ownership at the effective date of this Ordinance which does not fulfill the regulations for the minimum lot area and width, a building may be erected, altered and used thereon when approved by the Board. 

B.         Lot areas shall be increased to any size deemed necessary by reason of poor soil conditions determined by percolation tests or areas with slopes steeper than twenty (20) percent grade. 

C.        The area, width, and depth of lots shall provide adequate open space for off-street loading, unloading and/or parking area and yards.  In all cases where public sewers are not available, the lot areas shall be of sufficient size to provide open areas, exclusive of parking areas or other paved areas for a septic tank and leeching field. 

D.        The lot areas and width specified above may be reduced by ten (10) percent when the lot is in a subdivision or land development of twenty (20) lots or more providing the area by which the lots are reduced is established for playgrounds, parks and open space available equally to all occupants of the subdivision or development. 

Section 609.03      The subdividing of the land shall be such that each lot is provided with direct access to a public street.  Such access shall be an easement or an actual extension of the lot or property at least twenty (20) feet in width. 

SECTION 610.   BUILDING LINES 

Section 610.01      The required building lines shall not be less than the following:

 

Front Yard

 

Twenty-five (25) feet from right-of-way

 

Side Yard

 

Two (2) side yards not less than ten (10) feet each

 

Rear Yard

 

Not less than ten (10) feet

Section 610.02      Building line adjustments 

A.   Where sub-surface disposal (septic tank) is to be located on the lot and in an area adjacent to the right-of-way line, the building line or set-back line shall be increased enough to provide sufficient area for the sub-surface drainage field.  The Planning Commission may modify setback requirements as necessary.  Approval by the Pennsylvania Department of Environmental Protection shall also be required. 

B.   Where topographic or other physical conditions dictate, the Planning Commission may increase or decrease the setback; subject to approval of the Pennsylvania Department of Environmental Protection when sewage and/or water becomes involved. 

SECTION 611.     EASEMENTS 

Section 611.01      Easements across lots, centered on rear or side lot lines, or where necessary for lot access, utilities, watercourse, drainageway, channel or stream shall be not less than twenty (20) feet wide.  

SECTION 612.     PARKING 

Section 612.01      Residential lots shall be provided with a minimum of two (2) off-street parking spaces covered with either asphalt, concrete or a PennDOT-approved aggregate-wearing surface material. 

Section 612.02      All non-residential parking areas shall be paved with an all-weather surface suitable for normal and emergency conditions as determined by the Township Engineer. 

Section 612.03      All parking lots shall be designed so as to prevent the collection of stormwater within the parking lot and to prevent damage to abutting properties and public streets from stormwater runoff. 

SECTION 613.  SANITARY SEWERS FOR MAJOR SUBDIVISIONS 

Section 613.01      The developer shall plan and construct sanitary sewers with provisions for connection to each lot in the proposed major subdivision and in cases where public sewers are planned or available within 1,000 feet of the subdivision. 

Section 613.02      Every proposed lot within a major subdivision shall be tested for septic suitability by the developer, who shall incur the expense of the testing. 

Section 613.03      Design of sanitary sewer systems shall be subject to the review and approval of appropriate County and State regulatory agencies having jurisdiction in such matters.  Evidence of such review and approval shall be presented with the final plan. 

Section 613.04      Sanitary sewers shall be designed and constructed in strict accordance with the Pennsylvania Department of Environmental Protection.  A copy of the approval of such system shall be submitted with the final plan. 

Section 613.05      All percolation tests shall be taken and approved by appropriate authorities before any building permit is issued. 

Section 613.06      When an applicant proposes that individual on-site sanitary sewage disposal systems shall be utilized within the subdivision, the applicant shall either install such a facility approved by the Pennsylvania Department of Environmental Protection, or shall guarantee (by deed of restriction or otherwise), as a condition of the sale of each lot or parcel within the subdivision, that such facilities can be installed by the purchaser of such lot or parcel. 

Section 613.07      Where required, the applicant shall provide a community or a public sanitary sewage disposal system.  The design and installation of such system shall be subject to the approval of the Township Engineer, the Planning Commission, the Board, and the Department of Environmental Protection.

SECTION 614.     WATER SUPPLY 

Section 614.01            Adequate and potable water supply system(s) shall be installed consistent with design principles and requirements contained within this Ordinance and Township standards, which are the U.S. Public Health criteria for drinking water as administered by the Environmental Protection Agency Safe Drinking Water Act. 

Section 614.02            The applicant shall plan and install water mains with provisions for connection to each lot in the proposed major subdivision in all cases where a public water main is available or exists within one thousand (1,000) feet of the proposed subdivision.  The developer shall also place fire hydrants along said water mains at locations approved by the local water provider and in keeping with Pennsylvania State mandates and fire protection standards. 

Section 614.03            Where no public water supply is available to a major or minor subdivision, the Board shall require the applicant to obtain certificates of approval as to the quality and adequacy of the water supply proposed and approval of the type and construction methods to be employed on each lot within the development.  If a proposed public water line is in the future, the applicant must sign the same waiver and affidavit. 

Section 614.04            When an applicant proposes that individual on-site or off-site water supply systems shall be utilized within the subdivision, the applicant shall either install such facilities or shall guarantee (by deed of restriction or otherwise), as a condition of the sale of each lot or parcel within the subdivision, that such facilities can be installed by the purchaser of such lot or parcel.  Individual on-site wells shall be subject to State standards. 

Section 614.05            Whenever necessary, the subdivision shall be provided with a complete public water supply distribution system.  The design and installation of such public system shall be subject to the approval of the Township. 

Section 614.06            Documentation of a water supply adequate to serve the proposed development in low flow and drought periods shall be provided with the application for review. 

Section 614.07            All new public and private water systems, excluding individual on-site wells, shall be designed to support fire hydrants throughout the service area. 

Section 614.08            All persons desiring to extend public water mains shall be required to enter into an extender’s agreement. 

SECTION 615.     PUBLIC GROUNDS AND OPEN SPACES 

Section 615.01      Where a proposed park, playground, school, easement or other public use shown in the Comprehensive Plan or in the opinion of the Planning Commission is necessary, the Board may require the reservation of such area within the subdivision or land development in a reasonable manner. 

SECTION 616.     UTILITY LOCATION (All available public utilities) 

Section 616.01      The utility must be installed off of the improved public road but within road right of way. 

SECTION 617.     MARKERS (steel pins with caps) 

Section 617.01      Markers must be placed so that the scored or marked point coincides exactly with the point of intersection of lines to be marked.  The pin must be level with the surface of the surrounding ground.  Steel pins shall be marked on top with a plastic cap with engineer’s or surveyor’s logo.   

Section 617.02      Markers must be set at: 

A.         The exact location of all streets, street curves and street intersections.  Such markers shall set the dimensions of the street to be laid out. 

B.         The intersection of all lot lines. 

C.        The dimensions of the tract to be developed. 

D.        All angles in property lines of lots.

Section 617.03            Any markers that are removed shall be accurately replaced at the expense of the person removing them. 

SECTION 618.  FLOOD PRONE AREAS 

Section 618.01      Where any excavation or grading is proposed or where any existing trees, shrubs or other vegetative cover will be removed, the applicant shall consult the Clearfield County Soil and Water Conservation District Office concerning plans for erosion and sediment control and to also obtain a report on the soil characteristics of the site so that a determination can be made as to the type and degree of development the site may accommodate. 

Section 618.02      Except for a privately developed water body, subdivisions adjacent to a river, stream or other significant body of water shall adhere to the following standards:

A.   No building or street may be located within the area subject to the one hundred (100) year flood frequency.  This area shall be designated on a flood delineation map as Zone F-1. 

B.   Building is permitted in areas subject to less frequent occurrences of flooding, the rapid accumulation of groundwater, and mudslides with the provision that they adhere to reasonable floodproofing standards.  This area shall be designated on a flood delineation map as Zone F-2. 

ARTICLE VII 

MOBILE HOME PARK REGULATIONS 

SECTION 701.           APPLICABILITY 

Section 701.01      The standards set forth under this section are intended for those mobile home parks where lots within the park are for rental or lease only. 

Section 701.02      Where it is intended by the owner or developer to offer mobile home lots for sale, the development shall be treated as a regular subdivision and shall be subject to the regulations concerning the same. 

SECTION 702.           APPLICATION PROCEDURES 

Section 702.01      Permits 

A.   It shall be unlawful for any person to maintain, construct, alter, or extend any mobile home park within the limits of the Township unless he holds a permit issued by the Township.

B.   Applications shall be made by the owner to the Pennsylvania Department of Environmental Protection, Department of Labor and Industry, Department of Transportation, etc. when applicable. 

C.  All mobile homes shall bear the Commonwealth of Pennsylvania’s seal of approval. 

D.  License from Pennsylvania Department of Environmental Protection a prerequisite for issuance of permit.  As a prerequisite to the issuance of the permit referred to in Section 702.03 of this section, the applicant must have already been issued a valid license from the Pennsylvania Department of Environmental Protection. 

Section 702.02      Application for Initial Mobile Home Park Permit 

A.   Application for development of a lot or parcel of land for mobile home park purposes shall follow the requirements and procedures of a major subdivision plan submission as described in Article IV of this Ordinance. 

B.   In addition to the requirements contained within Section IV of this Ordinance, an application for preliminary or final approval of a mobile home park shall indicate by drawings, diagrams, maps, tests, affidavit or other legal instrument, the following: 

1.   The location and number of mobile home lots and mobile home pads on a layout map of the parcel at a scale of one (1) inch equals not more than fifty (50) feet. 

2.   The location and dimension of all driveways, pedestrian ways, sidewalks, and access roads with notation as to type of impervious cover.

3.   The location and dimension of all parking facilities. 

4.   The location, dimension and arrangement of all areas to be devoted to lawns, buffer strips, screen planting and recreation. 

5.   Location and dimension of all buildings existing or proposed to be built and all existing tree masses and trees of over twelve (12) inch caliper. 

6.   Proposed revisions for stormwater management, sewage treatment and disposal, street and on-site lighting, water supply, and electrical supply in the form of written and diagrammatic analysis with calculations and conclusions prepared by a professional engineer licensed in Pennsylvania.

7.   A copy of the submitted and approved Sewage Facilities Planning Module by the Pennsylvania Department of Environmental Protection. 

Section 702.03      Issuance of Initial Permit 

A.   Upon receipt of the final plan with the recommendations of the Planning Commission attached, the Board shall review the final plan for compliance with the provisions of this Ordinance. 

B.   Upon approval of the final plan by the Board and payment of all required fees by the applicant, the Board of Supervisors shall issue a mobile home park permit to the owner which shall be valid for a period of one (1) year from the date of issuance. 

C.  Renewal permits shall be issued annually by the Board upon the furnishing of proof by the applicant that his park continues to meet this Ordinance. 

D.  A building inspector or other Township official may inspect a mobile home park at reasonable intervals and at reasonable times to determine compliance with this Ordinance. 

E.   The permit shall be conspicuously posted in the office or on the premises of the mobile home park at all times. 

Section 702.04      Compliance of Pre-Existing Mobile Home Parks 

A.   The owners of pre-existing mobile home parks shall be required to submit an existing lot plan, drawn to scale, when applying for a mobile home park permit to enlarge or expand a pre-existing park as required under this Ordinance. 

B.   Any subsequent new construction, alteration or extension of a pre-existing mobile home park shall comply with the provisions of this Ordinance. 

C.  Any pre-existing mobile home park which in the opinion of the Board creates a fire, safety, or health hazard shall be required to comply with the applicable provisions of this Ordinance, within a reasonable period of time as determined by the Board. 

Section 702.05      Individual Mobile Homes 

A.   Individual mobile homes not located in a mobile home park shall not be required to obtain a mobile home park permit; however, they shall be required to obtain a building permit. 

B.   Individual mobile homes shall comply with all other applicable Township ordinances and regulations that govern single family homes. 

SECTION 703.     DEVELOPMENT STANDARDS 

Section 703.01      Site Requirements 

A.   Tracts or parcels of land proposed for mobile home parks shall have a minimum area of two (2) acres and shall not be larger than twenty (25) acres. 

B.   The location of all mobile home parks shall comply with the following minimum requirements: 

1.   Free from adverse influence by swamps, marshes, garbage or rubbish disposal areas, or other potential breeding places for insects or rodents. 

2.   Not subject to flooding.

3.   Not subject to hazards or nuisances such as excessive noise, vibration, smoke, toxic matter, radiation or glare. 

Section 703.02      Density, Dimensional and General Layout Requirements 

A.   Density 

1.   A mobile home lot shall have an area of not less than four thousand (4,000) square feet. 

2.   The minimum width of a mobile home lot shall be forty (40) feet. 

3.   The minimum depth of a mobile home lot shall be one hundred (100) feet or at least forty (40) percent longer than the mobile home to be placed upon it. 

4.   Mobile homes shall be parked on each lot so that there will be a minimum of ten (10) feet between each of the mobile homes, their appurtenant structures, and any adjacent side or rear lot line. 

5.   There shall be a minimum of twenty (20) feet between an individual mobile home, its attached structure and accessory structure, and the pavement of a part street or common parking area.  

6.   The setback from the right-of-way of any public street or highway shall be thirty-five (35) feet. 

7.  Mobile homes shall be located a minimum of twenty (20) feet from any common building or structure. 

8.   Secondary entrance ways may utilize stoops, landings, patios, or awnings, which may extend a width of five (5) feet within the ten (10) foot yard requirements. 

B.   Every mobile home lot shall be clearly marked and shall contain driveways with unobstructed access to the park circulation system.  Mobile homes shall be located so that no mobile home shall be less than one hundred (100) feet from any park boundary line abutting a public street or highway, and at least seventy-five (75) feet from any other park line boundary line. 

Section 703.03      Soil and Ground Cover Requirements 

A.   Unpaved and exposed ground surfaces in all parts of every park shall be covered and protected with a vegetative growth that is capable of preventing soil erosion and the emanation of dust during dry weather. 

B.   Park grounds shall be maintained free of vegetative growth which is a nuisance, poisonous or harbors rodents, insects or other pests in sufficient quantities as to be harmful to man. 

Section 703.04      Areas for Non-Residential Use 

A.   No part of any park shall be used for any non-residential purpose except such accessory uses that are required for direct servicing or recreational use by park residents, and for the management and maintenance of the park. 

Section 703.05      Landscaping Requirements 

A.   No portion of existing tree masses or trees with a caliper of six (6) inches or greater shall be cleared unless it is demonstrated that such removal is necessary for the proposed mobile home park development.  The owner shall make all reasonable efforts to preserve existing trees. 

B.   Disturbed topsoil shall be stockpiled and replaced after construction. 

C.  All landscaping requirements shall be completed within a reasonable time period established by the Board, which shall take into consideration weather and planting seasons. 

Section 703.06      Street System 

A.  Street Design and Construction Standards 

1.    All mobile home parks shall be provided with safe and convenient vehicular access from abutting public streets or roads to each mobile home lot.  Each mobile home lot shall be directly accessible from an approved internal street without the necessity of crossing any other space.  Alignment and gradient shall be properly adapted to the topography. 

2.    Access to mobile home parks shall be designed to minimize congestion and hazards at the entrance or exit and allow free movement of traffic on adjacent streets.  The entrance road connecting the park streets with a public street or road shall have minimum road pavement width of twenty-five (25) feet within which parking shall be prohibited. 

3.    Internal roadways shall be of adequate width to accommodate anticipated traffic and shall be developed in accordance with Section 603 of this Ordinance. 

4.    All parks shall be furnished with lighted units spaced and equipped with luminaries placed at such mounting heights to provide for the safe movement of pedestrians and vehicles at night. 

5.    All streets shall be covered with a smooth, hard and dense surface which shall be durable and well-drained under normal use and weather conditions.  The pavement shall be constructed as set forth under Section 603 of this Ordinance. 

6.    Each mobile home lot shall have a number placed on the unit or on the lot in the form of a sign.  The identifying house number shall be arranged in such a way so that it is visible from the road on which the unit or lot is fronting.  Such lot numbering shall be approved by the County Emergency Management Department. 

7.   The park needs two (2) public accesses or a cul-de-sac or a turn around. 

Section 703.07      Off-Street Parking 

A.  Parking spaces, at a minimum size of ten (10) feet by twenty (20) feet, shall be provided to meet the needs of the park residents and their guests, without interference with normal movement of traffic.  Parking spaces shall be provided at a ratio of at least two (2) parking spaces for each mobile home lot and shall be located in adjacent parking bays.  

B.  Off-site common parking areas may be provided in lieu of the required two (2) parking spaces on each mobile home lot, in which case parking shall be provided at the rate of two (2) spaces for each mobile home lot not equipped with two (2) parking spaces.  Where common parking areas are provided, they shall be located no more than one hundred fifty (150) feet from the mobile home lots they are intended to serve. 

C.  Additional off-street parking for vehicles of non-residents shall be provided at the rate of one (1) space for each two (2) mobile home units. 

Section 703.08      Common Open Space 

A.  At least fifteen (15) percent of the gross area of each mobile home park, after subtraction of required buffer areas, shall be set aside as common open space for the use and enjoyment of the park residents.  Such common open space shall be substantially free of structures except for those designed for recreational purposes.  A minimum of fifty (50) percent of the common open space shall be suitable for active recreation. 

B.  No more than one-half (½) of the common open space area may be comprised of floodplain and sloped areas in excess of twenty (20) percent. 

C.  Side yards, rear yards, seepage beds and drain fields (primary and back-up), utility and maintenance easements, rights-of-way, buffer strips and setback areas shall not be included for open space calculations. 

D.  Recreation areas shall be accessible to all park residents. 

E.  Open space and recreation areas shall be maintained by the mobile home park operator. 

F.  All land set aside for common open space shall be deed-restricted and so indicated on the plan of record from further development and subdivision.  

Section 703.09           Water Supply 

The requirements of Section 615 of this Ordinance shall be applicable to any system of water supply to any mobile home park.  In addition, the following requirements shall apply to all mobile home parks. 

A.  When required by the Township, all units and structures within a mobile home park shall be connected to a public water supply system. 

B.  A fire hydrant system shall be incorporated into the public water system where required.  The standards for such system shall be in compliance with the appropriate local water company. 

C.  In areas where there are no central water line extensions existing or proposed, fire safety standards shall include a tanker system which is in compliance with Pennsylvania Fire Department standards. 

Section 703.10           Sanitary Sewage Disposal 

The requirements of Section 614 of this Ordinance shall be applicable to the system and facilities for sanitary sewage treatment and disposal.  

Section 703.11           Refuse Disposal and Pest Control 

A.  The storage, collection and disposal of refuse in the mobile home park shall be so conducted as to create no health hazards, rodent harborage, insect breeding areas, accidents or fire hazards or air pollution and shall comply with all health regulations governing mobile home parks.  Plans for refuse handling, storage and disposal shall be subject to review and approval by the Planning Commission, the Board and the Pennsylvania Department of Environmental Protection. 

B.   Grounds, buildings and structures shall be maintained free of insect and rodent harborage and infestation.  Extermination methods and other measures to control insects and rodents shall conform with the requirements of the Pennsylvania Department of Environmental Protection regulations governing mobile home parks.

Section 703.12                  Stormwater Management 

The requirements of Section 606 of this Ordinance shall be applicable to all mobile home parks concerning stormwater management including storm drainage and erosion control measures. 

Section 703.13            Utilities and Exterior Lighting 

Adequate lights shall be provided to illuminate streets, driveways and walkways for the safe movement of vehicles and pedestrians.  

SECTION 704.     MISCELLANEOUS STRUCTURAL REQUIREMENTS 

Section 704.01      Additions 

No permanent addition shall be constructed onto or become part of any mobile home unless the addition is in accordance with applicable local and State laws, regulations and ordinances pertaining to mobile home units. 

Section 704.02      Alterations 

All plumbing and electrical alterations or repairs in the mobile home shall be made in accordance with applicable local and State laws, regulations and ordinances pertaining to mobile home units. 

Section 704.03      Mobile Home Pad 

In order to safely secure a mobile home to its lot, one of the following methods shall be utilized: 

A.   A concrete pad, properly graded, placed and compacted so as to be durable and adequate for the support of the maximum anticipated loads during all seasons and in compliance with local and State codes, or 

B.   Pillars, pilings or piers in compliance with local and State codes. 

Section 704.04      Anchoring 

A.   Every mobile home placed within a mobile home park shall be anchored appropriately where it is located prior to the unit being occupied or used in any way.  The anchoring system shall be designed to resist a minimum wind velocity of ninety (90) miles per hour. 

B.   The area of the mobile home stand shall be improved to provide an adequate foundation for the placement of the mobile home, thereby securing the super structure against uplift, sliding or rotation. 

C.  The mobile home stand shall not heave, shift or settle unevenly under the weight of the mobile home due to frost action, inadequate drainage, vibration or other forces acting on the super structure. 

D.  The mobile home stand shall be provided with anchors and tie-downs such as cast in place concrete “deadmen” eyelets imbedded in concrete foundations or run-ways, arrowhead anchors, or other devices securing the stability of the mobile home. 

Section 704.05      Stability 

Each mobile home placed within a mobile home park shall, prior to occupancy or any other use, be affixed to its mobile home pad in such a way as to prevent tilting of the unit. 

Section 704.06      Skirts 

Each mobile home placed within a mobile home park shall, prior to occupancy or any other use, have a skirt installed which is designed to complement the appearance of the mobile home.  Skirting material shall be specifically designed for this purpose and adequately vented to allow for access to all utility connections.  In no instance shall the area beneath a mobile home be used for storage. 

Section 704.07      Accessory Structures 

Patios, carports and other similar accessory structures shall be in compliance with all Township codes and ordinances. 

Section 704.08      Hitch 

The hitch or tow bar attached to a mobile home for transport purposes shall be removed and remain removed from the mobile home when it is placed on its mobile home pad. 

SECTION 705.     MAINTENANCE OF COMMON AREAS AND FACILITIES 

Section 705.01      The operator and licensee of a mobile home park shall be responsible for maintaining all common facilities including, but not limited to, roads, parking areas, sidewalks or pathways, common open space, water supply and sewage disposal systems, and service buildings, in a condition of proper repair and maintenance in accordance with all applicable Township codes and regulations.

SECTION 706.     REMOVAL OF MOBILE HOMES 

Section 706.01      No mobile home shall be removed from the Township without first obtaining a removal permit from the Township Tax Collector as required by Act No. 54, 1969, of the Pennsylvania General Assembly.  Such permits shall be issued upon payment of real estate  taxes assessed against the home and unpaid at the time the removal permit is requested. 

Section 706.02      Any person who removes a mobile home from the Township without first obtaining a removal permit shall, upon summary conviction, be sentenced to pay a fine and the cost of prosecution. 

ARTICLE VIII 

ADMINISTRATION 

SECTION 801.     REVISION AND AMENDMENT 

Section 801.01      The Board may, from time to time, revise, modify, and amend this Ordinance by appropriate action taken at a scheduled public meeting and in accordance with the provisions of the “Pennsylvania Municipalities Code,” (Act 247), effective January 1st, 1969, as amended. 

Section 801.02      Notice of the date, time and place of the public meeting together with a brief summary setting forth the principal provisions of the proposed revisions, modifications or amendments, shall be published in one newspaper of general circulation in the Township once a week for two successive weeks in advance of such meeting. 

SECTION 802.     HARDSHIP 

Section 802.01      If any mandatory provisions of this Ordinance are shown by the applicant, to the satisfaction of the Board, to be unreasonable and cause undue hardship as they apply to the applicant’s proposed subdivision or land development, the Board may grant a modification of the requirements of one or more provisions if the literal enforcement will exact undue hardship because of peculiar conditions pertaining to the land in question, provided that such modification will not be contrary to the public interest and that the purpose and intent of the Ordinance is observed. 

Section 802.02      All requests for a modification shall be in writing and shall accompany and be a part of the application for development.  The application shall state in full the grounds and facts of unreasonableness or hardship on which the request is based, the provision or provisions of the ordinance involved and the minimum modification necessary. 

Section 802.03      In granting modifications, the Board may impose such conditions as will, in its judgment, secure substantially the objectives of the standards or requirements so varied or modified. 

Section 802.04      The Board shall refer all requests for modifications to the Planning Commission for advisory review and comments. 

Section 802.05      The Board shall keep a written record of all action on all requests for modifications. 

SECTION 803.     RECONSIDERATION AND MEDIATION 

Section 803.01      Any applicant aggrieved by a finding, decision or recommendation of the Board may request and receive opportunity to appear before the Board, present additional relevant information and request reconsideration of the original finding, decision or recommendation. 

SECTION 804.     CHALLENGES AND APPEALS 

Section 804.01      The decision of the Board regarding the approval or rejection of subdivision or land development plans may be appealed to the Clearfield County Court as provided for in Act 247, the Pennsylvania Municipalities Planning Code. 

SECTION 805.     REPEALS 

Section 805.01      All ordinances or resolutions or parts of ordinances and resolutions inconsistent herewith are hereby repealed. 

SECTION 806.     RECORDS 

Section 806.01      The Township shall assign a subdivision application number to all applications, and all matters referring to this should be tied in with and filed in accordance with the subdivision case number.  The Township shall keep a record of its findings, decisions and recommendations relative to all subdivision plans filed for its review. 

Section 806.02      All such records shall be public records. 

SECTION 807.     FEES 

Section 807.01      Subdivision and land development application fees and initial escrow deposits for plan review and processing shall be fixed by the Board by resolution.  In addition to such fees and escrow deposits, all disbursements by the Township incident to plan review, approval and processing in excess of the amount required by escrow deposits, and all inspections and re-inspections of construction, including but not necessarily limited to legal fees, engineering fees, inspection fees, cost of materials or site testing and any maintenance costs prior to the acceptance of improvements by the Township, shall be reimbursed.     

Section 807.02      All such reimbursements for costs expended prior to establishment of the applicant’s performance guarantee shall be made prior to issuance of any permits.  All such reimbursements for costs expended during construction shall be made out of escrow funds established as the performance guarantee, on a monthly basis. 

SECTION 808.   PENALTIES 

Section 808.01      Any person, partnership, or corporation who or which being the owner or agent of the owner of any lot, tract or parcel of land shall lay out, construct, open or dedicate any street, sanitary sewer, storm sewer, water main or other improvements for public use, travel or other purposes or for the common use of occupants of buildings abutting thereon, or who sells, transfers or agrees or enters into an agreement of sale any land in subdivision or land development whether by reference to or by other use of a plat of such subdivision or land development or otherwise, or erect any building thereon, unless and until a final plat has been prepared in full compliance adopted hereunder and has been recorded as provided herein, shall be guilty of a violation of this Ordinance, and upon condition thereof, such person, or the members of such partnerships, or the officers of such corporation, or the agent of any of them, responsible for such violation being found liable thereof in a civil enforcement proceeding commenced by the Township, pay a judgment not exceeding Five Hundred and no/100 ($500.00) Dollars  plus all court costs, plus reasonable attorney fees incurred by the Township as a result thereof. Each day a violation continues shall constitute a separate violation.  All fines collected for such violations shall be paid to the Township.  The description by metes and bounds in the instrument of transfer or other documents used in the process of selling or transferring shall not exempt the seller or transferor from such penalties or from the remedies herein provided. 

SECTION 809.  ENFORCEMENT 

Section 809.01      It shall be the duty of the Board to enforce the provisions of this Ordinance.  In order to properly carry out this responsibility, the Board can appoint an Agent and grant to the duly appointed agent the power and authority to administer and enforce the provisions of this Ordinance in their stead.

Section 809.02      The Agent shall be responsible to the Board and shall report periodically to them concerning the administration of the Ordinance and such report shall contain all the information necessary to permit the Board to ascertain that the Ordinance is being administered and enforced in accordance with the law. 

Section 809.03      The Agent shall require that an application for a building permit shall contain all information necessary to enable him to ascertain whether the proposed building, alteration or use is in compliance with this Ordinance.  No building permit shall be issued until the Agent has certified that the site for the proposed building, alteration or use complies with all provisions of this Ordinance and any other applicable regulations.

APPENDIX I 

FLOODPROOFING MEASURES FOR AREAS SUBJECT

TO INUNDATION BY STREAM OVERFLOW 

A.   Building Elevation  

1.   No structures or any portion thereof shall be erected unless the finish surface of the ground is higher than, or is raised by filling, to an elevation of at least one (1) foot above the elevation of the one hundred (100) year flood. 

2.         No first floor, or opening below the first floor, of any building shall be constructed at an elevation of less than one (1) foot above the elevation of the one hundred (100) year flood. 

B.   Structural Anchoring 

Any structure permitted shall be firmly anchored to prevent the structure from floating away and thus threaten life or property downstream or to further restrict bridge openings and other restricted sections of the creek. 

C.   Structural Effect 

Any structures permitted shall be constructed and placed on the lot so as to offer the minimum obstruction to the flow of water, and shall be designed to have a minimum effect upon the flow and height of flood water. 

D.   Obstructions 

The following shall not be placed or caused to be placed in the flood hazard area: fences except two-wire fences, other structure or other matter which may impede, retard or change the direction of the flow of water, or that will catch or collect debris carried by such water, or that is placed where the natural flow of the stream or flood waters would carry the same downstream to the damage or detriment of either public or private property adjacent to the flood plain. 

E.   On-Site Sewage Disposal Systems 

No part of any on-site sewage disposal system shall be constructed within this area. 

F.   Storage of Materials 

No materials that are buoyant, flammable, explosive, or in times of flooding, could be injurious to human, animal, or plant life, shall be stored below an elevation one (1) foot above the elevation of the one hundred (100) year flood. 

G.   Installation of Fill Materials 

Fill shall consist of soil or rock materials only.  Sanitary landfills shall not be permitted. 

H.   Recommendations of an Architect or Engineer 

Plans for buildings and structures within this area shall incorporate the recommendations of a registered architect or certified engineer to provide for protection against predictable hazards.