Borough of Chambersburg, PA
Franklin County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Mayor and Town Council of the Borough of Chambersburg 4-11-1979 by Ord. No. 79-4. Amendments noted where applicable.]
GENERAL REFERENCES
Building construction — See Ch. 113.
Electrical standards — See Ch. 135.
Fair housing — See Ch. 142.
Fire prevention — See Ch. 150.
Floodplain management — See Ch. 154.
Plumbing standards — See Ch. 216.
Sewers and sewage disposal — See Ch. 242.
Stormwater management — See Ch. 251.
Streets and sidewalks — See Ch. 254.
Water — See Ch. 292.
Zoning — See Ch. 300.

§ 258-1 Short title.

This chapter shall be known as the "Chambersburg Subdivision and Land Development Ordinance."

§ 258-2 Purpose.

This chapter is enacted for the purpose of assuring sites suitable for building purposes and human habitation and providing for the harmonious development of the Borough of Chambersburg; for the coordination of existing streets with proposed streets, parks or other features of the Borough's official plan of streets; for ensuring adequate open spaces for traffic, recreation, light and air and proper distribution of population; thereby creating conditions favorable to the health, safety, morals and general welfare of the citizens of the Borough of Chambersburg.

§ 258-3 Subdivision control.

A. 
No subdivision of any lot, tract or parcel of land shall be made and no street, sanitary sewer, storm sewer or other facilities in connection therewith shall be laid out, constructed, opened or dedicated for public use or travel or for the common use of occupants of the land abutting the facilities except in accordance with the provisions of this chapter.
B. 
No lot in a subdivision may be sold and no permit may be issued to erect, alter or repair any building upon land in a subdivision and no building may be erected in a subdivision nor shall public utility services be extended to any lot in such subdivision unless and until the subdivision shall have been approved and properly recorded and until the requirements in connection therewith shall have been constructed or guaranteed as hereinafter provided in this chapter.
C. 
It shall be unlawful to record any subdivision plan for land in the Borough unless the said plan shall bear thereon the approval of the Town Council of the Borough of Chambersburg.
D. 
Subdivisions must comply with the Zoning Ordinance in effect at the time of the subdivision.[1] If subdivision would result in a nonconforming lot, then the subdivider must obtain a variance from the Zoning Hearing Board. In the case of the existing duplexes, row houses and any accessory buildings, the Council rather than the Zoning Hearing Board may grant a variance without a hearing.
[Amended 8-13-2007 by Ord. No. 2007-11]
[1]
Editor's Note: See Ch. 300, Zoning.
E. 
It shall be unlawful to construct a building across property lines even when two adjoining lots are owned by the same person. In such an instance, if a land owner wants to construct a building across the property line, the land owner must first record a deed eliminating the offending property line and combining the two lots into a single lot.
[Added 2-8-2010 by Ord. No. 2010-02]
F. 
Any subdivision or land development occurring within a floodplain as identified in Chapter 154, the Floodplain Management Ordinance, as amended from time to time, shall be in strict conformity with all applicable provisions of the Subdivision and Land Development Ordinance, the Floodplain Management Ordinance and other applicable ordinances.
[Added 11-28-2011 by Ord. No. 2011-13]

§ 258-4 Exceptions.

A. 
Special exceptions. In any case where, owing to special conditions, literal enforcement of the provisions of this chapter would result in undue hardship, the Town Council may make such reasonable exceptions thereto as will not be contrary to the public interest or the intent of this chapter and may, by such exceptions, permit the sale of a lot, the issuance of a permit, the erection of a building or the extension of public utility service subject to such conditions as may be necessary to assure that the intent of this chapter is met.
B. 
No subdivider whose land had been platted into lots, approved by the Town Council and recorded in the office of the Recorder of Deeds for Franklin County shall be bound by the provisions of this chapter as long as no further subdivision of any lot is made whereby any lot is reduced in size or frontage.[1]
[1]
Editor's Note: Former Subsection C, General exception, which immediately followed this subsection, was repealed 2-8-2010 by Ord. No. 2010-02.

§ 258-5 Subdivision plan procedures.

The following procedures shall be followed in the submission and processing of subdivision plans for proposed subdivisions and land developments:
A. 
The subdivider shall sign a subdivision approval application and submit the documents required in § 258-8 to the Borough Planner at least seven calendar days prior to the next regular meeting of the Planning Commission.
B. 
The subdivider, or his duly authorized representative, shall attend the meeting of the Planning Commission to discuss the subdivision plan, unless excused by the Commission.
C. 
The Planning Commission review shall consider the practicability of the subdivision plan taking into consideration the requirements of the community and the best use of the land being subdivided. Particular attention shall be given to the arrangement, location and width of streets, their relation to the topography of the land, water supply, sewage disposal, stormwater drainage, lot sizes and arrangement, the future development of adjoining lands as yet unsubdivided, and the requirements of this chapter, the Comprehensive Plan, the Official Map and Chapter 300, Zoning. The plan, after review by the Planning Commission, must be sent, with any fees, to the Franklin County Planning Commission for review.
D. 
After review of the comments, if any, of the Franklin County Planning Commission and the Borough Planning and Zoning Commission, Council shall render its decision and communicate it to the subdivider, or his representative, not later than 90 days after the subdivision plan was submitted. The time of submission of the subdivision plan shall be considered to be the date of the regular monthly meeting of the Planning and Zoning Commission. Subdivision applications will not be ready for consideration unless they are submitted at least 21 calendar days prior to the next regular Planning and Zoning Commission meeting and accompanied by the required fee (as set by resolution of Council) together with all data as required by § 258-8. Subdivision applications shall be filed with the Borough Planner.
[Amended 10-25-2000 by Ord. No. 2000-11]

§ 258-6 Optional sketch plans.

A. 
Prior to the filing of an application for review and approval of a subdivision, the subdivider may, at his option, submit a sketch plan to the Planning Commission for the purpose of preliminary discussion relating to requirements of this chapter. The sketch plan is not considered a subdivision plan and is not subdivision plan and is not submitted to Council.
B. 
The sketch plan should be based on an accurate base map at a scale, preferably not less than 200 feet to the inch (60.96 meters to 2.54 centimeters) to enable the entire tract to be shown on one sheet, showing the following information:
(1) 
Location of that portion to be subdivided in relation to the entire tract and the distance to the nearest existing street intersection.
(2) 
Existing structures, wooded areas, streams and other significant physical features, within the portion to be subdivided and within 200 feet (60.96 meters) thereof. If topographic conditions are significant, contours indicated at intervals of not more than 10 feet (3.048 meters).
(3) 
Utilities available, and streets which are either proposed, mapped or built.
(4) 
Proposed pattern of lots (including lot width and depth), street layout, recreation areas, systems of drainage, sewage and water supply.
(5) 
Existing restrictions on the use of land including easements, covenants and zoning classifications.

§ 258-7 Optional preliminary approval.

A. 
A subdivider who has met all the requirements for subdivision approval, except the construction of public works or the posting of security therefor, may request preliminary subdivision approval from Town Council.
B. 
Town Council may grant preliminary subdivision approval. If approval is granted, then such approval shall guarantee to the subdivider that if, within five years from the date of the approval, he has constructed the required public works in accordance with Borough specifications, or posted security in accordance with § 258-11, and provided he has met all requirements contained in the preliminary approval, Town Council will give final approval to the subdivision plan without any additional requirements being imposed on the subdivider.
[Amended 10-25-2000 by Ord. No. 2000-11]
C. 
Subdivided lots may not be sold until final subdivision plan approval has been given by Town Council.

§ 258-8 Subdivision plan requirements.

[Amended 5-22-1991 by Ord. No. 91-4; 9-28-1994 by Ord. No. 94-10]
A. 
Plans received by the Borough Planner at least 21 calendar days prior to the next regular monthly meeting of the Planning and Zoning Commission will be included on the Planning and Zoning Commission agenda for that next regular monthly meeting. However, if reports have not been received from all reviewing departments prior to that meeting, the Planning and Zoning Commission may table the plans until its next regularly scheduled monthly meeting. The following documents shall be submitted for review and approval of a subdivision plan:
[Amended 10-25-2000 by Ord. No. 2000-11]
(1) 
Twelve copies of the subdivision and/or land development plan prepared at a scale not smaller than 100 feet to the inch (30.48 meters to 2.54 centimeters). Plans must be folded to approximately 9.5 inches by 12 inches and show the following:
[Amended 9-24-2002 by Ord. No. 2002-15; 7-25-2005 by Ord. No. 2005-9]
(a) 
Proposed subdivision and/or land development name, name of the Borough and Franklin County, date, true North point, scale, name, address and telephone number of record owner, subdivider, engineer or surveyor responsible for the plan, including their license number and seal, and signature box as provided by the Borough.
(b) 
The names of all subdivisions immediately adjacent and the name of the owners of record of all adjacent property.
(c) 
Actual field survey of the boundary lines of the tract, giving complete descriptive data by bearings and distances, made and certified by a licensed land surveyor or engineer.
(d) 
Proposed lot lines with dimensions and area of each lot.
(e) 
Proposed locations of surveying monuments and markers.
(f) 
Zoning classification; if a zoning boundary runs through the property, it shall be shown. Land development plans shall indicate compliance with Zoning Ordinance lot area and width regulations, coverage regulations building height regulations and off-street parking regulations.
(g) 
All parcels of land proposed to be dedicated to public use and the conditions of such dedication.
(h) 
Location of existing property lines, easements, buildings, watercourses, marshes, rock outcrops, wooded areas, single trees with a diameter of eight inches (20.32 centimeters) or more as measured three feet (0.9144 meter) above the base of the trunk, and other significant existing features for the proposed subdivision and the land within 10 feet (3.048 meters) of the subdivision adjacent property.
(i) 
Location of existing sewers, water mains, culverts and drains on the property, with pipe sizes, grades and directions of flow.
(j) 
Where the subdivision is one acre (4,047 square meters) or less, the plan shall show the proposed disposition of surface water on one set of the plans; the proposal shall minimize any increase in runoff to abutting properties.
(k) 
Where the subdivision is more than one acre (4,047 square meters), one set of plans shall show existing and another set final topographic contours at not more than two-foot (0.6096 meter) intervals, spacing not to be more than 100 feet (30.48 meters). These sets shall be accompanied by a storm drainage plan indicating proposed disposition of stormwater runoff and the storm drainage data on which the proposed plan is based. All topography shall be based on Borough datum. Final contours may be required and, if required, occupancy permits shall be conditioned on final contours being maintained unless an exception is granted by the Borough Engineer.
(l) 
The width and location of any streets or public ways or places shown on the Official Map or the Comprehensive Plan within the area to be subdivided, and the width, location, grades and street profiles of all streets or public ways proposed by the subdivider.
(m) 
The approximate location and size of all proposed water lines, valves, hydrants and sewer lines, and fire alarm boxes, connection to existing lines or alternate proposed means of water supply and sewage disposal and treatment; profiles of all proposed means of water supply and sewage disposal and treatment.
(n) 
Screening shall be shown when required.
(o) 
Designs of any bridges or culverts may be required.
(p) 
When it is necessary to serve the subdivision with facilities located on property outside of the subdivided area, the plan shall show the boundaries of the proposed permanent easements over or under private property, which permanent easements shall not be less than 20 feet (6.0960 meters) in width and which shall provide satisfactory access to an existing public highway or other public highway or public open space shown on the subdivision or the Official Map.
(q) 
Any plans prepared shall be one of the following sizes: 24 inches long by 36 inches wide (60.96 centimeters by 91.44 centimeters), 18 inches long by 24 inches wide (45.72 centimeters by 60.96 centimeters), 14 inches long by 17 inches wide (35.56 centimeters by 43.18 centimeters), or 81/2 inches long by 13 inches wide (21.59 centimeters by 33.02 centimeters).
(r) 
Sufficient data acceptable to the Borough Engineer to determine readily the location, bearing and length of every street line, lot line and boundary line, and to reproduce such lines upon the ground. Where applicable, these should be referenced to monuments included in the state system or plane coordinates, and in any event should be tied to reference points previously established by a public authority.
(s) 
The length and bearings of all straight lines, radii, length of curves and central angles of all curves and tangent bearings shall be given for each street. All dimensions and angles of the lines of each lot shall also be given. All dimensions shall be shown in both meters and feet and decimals of a foot; the metric measurements should be in parentheses, with the English system as binding.
(t) 
A notarized statement to the effect that the applicant is the owner of the land proposed to be developed and the land development shown on the proposed plan is made with his consent and he does freely offer for dedication all rights-of-way and public improvements shown on said plan.
(u) 
Any proposed land development plan will require the submission of a sign package showing the size and location of all signs. This sign package includes all directional, facade, freestanding and all other signs to be located on the property.
(2) 
Construction drawings, including plans, profiles and typical cross-sections as required, showing the proposed location, size and type of streets, sidewalks, street lighting standards, street trees, curbs, water mains, sanitary sewers and storm drains, pavements and subbase, manholes, catch basins, underground conduit and other facilities.
(3) 
Planning modules and other submissions required by the state, together with any erosion and sedimentation plan required by the Soil Conservation Service, shall be submitted to the Planning Commission.
(4) 
Any proposed subdivision located within any designated one-hundred-year floodplain area shall show the exact location and elevation of all proposed buildings, structures, roads and public utilities to be constructed. All such maps shall show contours at intervals of two feet (0.6096 meters) and identify accurately the boundaries of the flood-prone areas.
(5) 
If the application covers only a part of the subdivider's entire holding, a map of the entire tract, drawn at a scale of not less than 400 feet to the inch (121.92 meters to 2.54 centimeters) shall be submitted with proposed streets and proposed water drainage being shown.
(6) 
One copy of any existing or proposed covenants or deed restrictions affecting the lots within the subdivision or a written statement by the subdivider that there are no such restrictions.
(7) 
One copy of a tabular schedule giving the type or types of structures to be erected, together with dimensional sketches of typical lot layouts, indicating front, side and rear yards, and a summary table of the number of structures and dwelling units proposed, unless a written statement is submitted by the subdivider that it is not his intention to erect dwellings or other structures on the land and agreeing to submit for approval the data required by this section when and if he should at a later date propose to erect dwellings or other structures thereon.
(8) 
A statement indicating that the plans are or are not in conformity with this chapter and zoning, building, sanitation[1] and other applicable Borough ordinances and regulations and, if they are not so conforming, the reasons for requesting an exception.
[1]
Editor's Note: See Ch. 300, Zoning; Ch. 113, Building Construction; and Ch. 168, Health and Sanitation.
(9) 
Development program; overall master plan.
(a) 
A development program for all or part of the land controlled by the subdivision may be required by the Planning Commission or Council. The program shall set forth proposed streets and lots, together with a stormwater drainage plan. The program plan shall also meet the plan requirements of Subsection A(1), as may be required by the Planning Commission or Council. Approval of the program shall not constitute subdivision approval.
(b) 
When the total of all lots subdivided from a parcel or tract of land exceeds five lots within the last five years, it shall be incumbent upon the subdivider to submit to the Borough an overall master plan of the parcel or tract of land before any further subdividing or land development plans may be approved by the Borough. Such overall master plan shall illustrate the following features in general terms without the necessity of detailed engineering design:
[1] 
The property lines of the host parcel and of all lots previously subdivided.
[2] 
Generalized lot layout with intended considerations for sewer, water, roadway and storm drainage control.
[3] 
Generalized location of major topographic features such as swales, watercourses, rock outcroppings and related characteristics.
[4] 
Generalized indication of the use or uses of the property in terms of the uses permitted by Chapter 300, Zoning.
[5] 
The overall master plan shall be submitted at a scale of not smaller than one inch equals 200 feet.
(c) 
Effect of overall master plan. The overall master plan will be used by the Borough to assist in evaluating further subdivision submittals of the applicant. When on the recommendation of the Planning Commission and action of the Mayor and Town Council it is deemed that further subdivisions depart substantially from the concepts presented in the overall master plan, a revised master plan shall be required prior to approval of any future subdivision plans of the applicant. The applicant shall not deviate substantially from the overall master plan without first resubmitting a new plan to Borough Council.
(d) 
A notarized statement to the effect that the applicant is the owner of the land proposed to be developed and the land development shown on the plan is made with his or their free consent.
B. 
Subdivision of existing semidetached dwellings shall be subject to the following specific requirements:
(1) 
Except as otherwise required by the Borough Planning Commission, subdivision of existing semidetached dwellings need not comply with Subsection A(1), except for Subsections A(1)(a), (c), (q) and (s).
(2) 
For those semidetached dwellings not already so divided, the party wall dividing said dwelling units shall be extended from the top of the existing ceiling to the bottom of the existing roof. Such extension shall be so designed to minimize fire spread in the attic area and shall be constructed of a material having a minimum fire rating of one hour.
C. 
Subdivision plans shall meet the design standards of this chapter.
D. 
Subdivisions which are approved by Town Council but in some respects fail to meet the requirements of this chapter shall be deemed to have received an exception, provided that the conditions imposed by Council in approving the subdivision are complied with.
E. 
Pennsylvania Department of Transportation highway occupancy permit requirements. No plat which will require access to a highway under the jurisdiction of the Pennsylvania Department of Transportation shall be 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"[2]), before driveway access to a state highway is permitted. The plat shall also be marked to indicate that access to the state highway shall be only as authorized by a highway occupancy permit.
[2]
Editor's Note: See 36 P.S. § 670-420.

§ 258-9 Standards of design and required improvements.

[Amended 12-9-1987 by Ord. No. 87-12; 5-22-1991 by Ord. No. 91-4; 9-28-1994 by Ord. No. 94-10; 9-10-1997 by Ord. No. 97-15]
A. 
Comprehensive Plan. In considering applications for subdivision of land and/or land development, the Planning Commission shall be guided by the Comprehensive Plan.
[Amended 4-26-2000 by Ord. No. 2000-5]
B. 
General standards. Each subdivision and land development shall be designed and constructed in such manner that it will:
(1) 
Conform to the Official Map, applicable provisions of Chapter 300, Zoning, and other Borough, county and state regulations.
[Amended 4-26-2000 by Ord. No. 2000-5]
(2) 
Be of such character that the land and buildings can be used safely without danger to health or peril from fire, flood, storm runoff, disease or other menace.
(3) 
Preserve natural and historic areas, buildings and landmarks where possible and where considered worthy of preserving by Town Council, with public access to such where appropriate.
(4) 
Properly relate, in appearance and function, with the surrounding natural and built environment.
(5) 
Conform to the minimum specifications for all improvements, in accordance with applicable Borough, county, state and other agency specifications and regulations. In the event improvements are being designed for any portion of land for which the specific development activity is yet to be determined, all improvements shall be designed to support the highest potential use pursuant to the zoning applicable to the land being subdivided or developed.
[Amended 4-26-2000 by Ord. No. 2000-5]
(6) 
Provide and dedicate without charge such reasonable easements as the Town Council may require for electric and telephone poles, wires, and appurtenances thereto, for gas pipes and for drainage pipes, ditches, and structures, and other public works facilities, together with the right to enter upon the adjoining land for purposes of construction, maintenance, repair, operation, and removal of such facilities. Such easements and rights of access shall be clearly indicated upon the plans of the subdivision and the dedications shall be recorded. The acceptance of such easements by the Borough shall not in any way require it to exercise the privileges so granted, but failure to exercise such privileges shall not void its right thereto. Drainage easements may be required along natural water drainage routes for sanitary and/or stormwater sewers.
(7) 
All lots must have access, not less than 12 feet in width, on a public street which is not an alley or on a private street not less than 12 feet in width, which will provide access to a public street which is not an alley. This access must be suitable for vehicular travel and must be part of the lot for which access is provided. An easement over property owned by another will not satisfy this access requirement. In those instances in which a subdivision proposes to divide an existing lot in such a manner that the portion of the existing lot fronting on a street will not otherwise have legal and permanent access suitable for vehicular travel to the rear of said lot, that lot must be granted a permanent access easement over the twelve-foot access referenced above. A subdivision which proposes to create a lot fronting only on an alley generally will not be approved. In instances in which, in the opinion of Borough Council, this requirement would present an unreasonable hardship as to any particular lot existing on the date of the adoption of this amendment, Borough Council reserves the privilege of waiving or modifying this requirement.
[Amended 1-24-2001 by Ord. No. 2001-5]
(8) 
All lots to be subdivided or developed on an existing public street without curbs and/or sidewalks shall construct curb and/or sidewalks according to regulations contained within.
[Added 9-10-2012 by Ord. No. 2012-09]
C. 
Street layout.
(1) 
Width, location and construction. Streets shall be of sufficient width, suitably located, and adequately constructed to conform with the Comprehensive Plan, and to accommodate the prospective traffic and afford access for fire fighting, snow removal, trash removal, and other road maintenance equipment. The arrangement of streets shall be such as to cause no undue hardship to adjoining properties and shall be coordinated with existing streets.
(2) 
Arrangement. The arrangement of streets in the subdivision shall provide for the continuation of principal streets of adjoining subdivisions, and for proper projection of principal streets into adjoining properties which are not yet subdivided, in order to make possible necessary fire protection, movement of traffic and the construction or extension, presently or when later required, of needed utilities and public services such as sewers, water and drainage facilities. Where, in the opinion of the Planning Commission, topographic or other conditions make such continuance undesirable or impracticable, the above conditions may be modified.
(3) 
Reserve strips prohibited. Reserve strips of land, which might be used to control access from the proposed subdivision to any neighboring property, or to any land within the subdivision itself, shall be prohibited.
(4) 
Local streets. Local streets shall be so laid out that their use by through traffic will be discouraged.
(5) 
Special treatment along arterial streets. When a subdivision abuts or contains an existing or proposed urban principal arterial street, urban minor arterial or urban collector, Town Council may require marginal access streets, reverse frontage with screen planting contained in a nonaccess reservation along the rear property line, deep lots with rear service streets or such other treatment as may be necessary for adequate protection of residential properties and to afford separation of through and local traffic.
(6) 
Provision for future resubdivision. Where a tract is subdivided into lots substantially larger than the minimum size required in the zoning district in which a subdivision is located, Town Council may require that streets and lots be laid out so as to permit future resubdivision in accordance with the requirements contained in these regulations.
(7) 
Dead-end streets. The creation of dead-end or loop residential streets will be encouraged wherever Town Council finds that such type of development will not interfere with normal traffic circulation in the area. In the case of dead-end streets, where needed or desirable, Town Council may require the reservation of a twenty-foot-wide (6.0960 meters) easement to provide for continuance of pedestrian traffic and utilities to the next street.
(8) 
Block size. Blocks generally shall not be less than 400 feet (121.92 meters) nor more than 1,200 feet (365.76 meters) in length. In general, no block width shall be less than twice the normal lot depth. In blocks exceeding 800 feet (243.84 meters) in length, Town Council may require the reservation of a twenty-foot-wide (6.0960 meters) easement through the block to provide for the crossing of underground utilities and pedestrian traffic where needed or desirable and may further specify, at its discretion, that a four-foot-wide (1.2192 meters) paved footpath be included. Double frontage lots are to be avoided and generally will not be permitted unless the lots are a minimum of 200 feet (60.96 meters) deep. An exception may be permitted where the rear yards of double frontage lots abut arterial or collector highways and the fronts of the lots are served by minor or local streets.
(9) 
Intersections. Multiple intersections involving the junction of more than two streets shall not be permitted. Street intersections shall be at right angles for a distance of 100 feet (30.48 meters) wherever possible, and the intersections of less than 70° (1.22173048 rad) (measured at the center line of the streets) shall not be permitted. Intersecting streets shall not enter the same side of urban minor arterial at intervals of less than 800 feet (243.84 meters). Urban collectors which enter an urban minor arterial from opposite sides should be directly opposite to each other; or, if necessary, they may be separated by at least 125 feet (38.10 meters) between center lines measured along the center line of the urban minor arterial. Maximum grade within any intersection shall not exceed 3%, and approaches to any intersection shall follow a straight course within 100 feet (30.48 meters) of the intersection.
(10) 
Relation to topography. The street plan of a proposed subdivision shall bear a logical relationship to the topography of the property, and all streets shall be arranged so as to obtain as many of the building sites as possible at or above the grade of the streets. Grades of streets shall conform as closely as possible to the original topography.
(11) 
Other required streets. Where a subdivision borders on or contains a railroad right-of-way or limited access highway right-of-way, Town Council may require a street approximately parallel thereto at a distance suitable for the appropriate use of the intervening land (as for park purposes in residential districts, or for commercial or industrial purposes in appropriate districts). Such distances shall also be determined with due regard for the requirements of approach grades and future grade separations.
(12) 
Multiple entrances onto public streets. In all developments the Borough reserves the right to require the developer to provide for an on-site street system designed to collect traffic from individual lots within the proposed development with access to through public streets being provided only from such on-site street system.
(13) 
Traffic impact study. For land development plans that will have a significant impact on traffic flow, public street access or highway safety, the Borough may require the developer to finance and complete a traffic impact study by a licensed traffic consultant before the subdivision and/or land development is considered for approval.
[Added 7-25-2005 by Ord. No. 2005-9]
(a) 
An application for access to a development shall include a traffic impact study if:
[1] 
The access is expected to have an average daily traffic of 3,000 or more;
[2] 
During any one-hour time period, the development is expected to generate either 100 or more new vehicle trips entering the development or 100 or more new vehicle trips exiting the development; or
[3] 
In the opinion of the Borough, the development is expected to have a significant impact on highway safety or traffic flow even though it does not meet Subsection C(13)(a)[1] or [2] above.
(b) 
For purposes of determining the need for a traffic impact study, assume the total development will have access at only one location. Include all vehicle trips expected to be generated by the development based on full build out and occupancy of the entire tract of land available to be developed at that location.
D. 
Street design.
(1) 
Widths.
(a) 
Streets shall have the following minimum widths. (When not indicated on the Comprehensive Plan or Official Map, the classification of streets shall be determined by Town Council.)
Minimum Right-of-Way
[feet (meters)]
Minimum Pavement
[feet (meters)]
Local streets
50 (15.24)
36 (10.9728)
Urban collectors
60 (18.2880)
38 (11.5824)
Urban minor arterial
60 (18.2880)
40 (12.1920)
Urban principal
Standards of Pennsylvania Department of Arterial Transportation shall apply
(b) 
Town Council may require new streets be the same width as existing streets they are connected with. Street designs other than the above must be approved by Town Council.
(2) 
Improvements and utilities. Streets shall be graded and improved with pavements, curbs and gutters, sidewalks, storm drainage facilities, water mains, sewers, streetlights, and signs, street trees, and fire hydrants, except where waivers may be requested, and Town Council may waive, subject to appropriate conditions, such improvements as it considers may be omitted without jeopardy to the public health, safety and general welfare. Pedestrian easements shall be improved as required by the Borough Engineer. Such grading and improvements shall be approved as to design and specifications by the Borough Engineer.
(3) 
Fire hydrants. Installation of fire hydrants shall be in conformity with requirements of standard thread and nut of the Chambersburg Fire Department.
(4) 
Street lighting facilities. Lighting facilities shall be in conformance with the lighting system of the Borough. Such lighting standards and fixtures shall be installed after approval by the Borough.
(5) 
Utilities in streets. Town Council may require that underground utilities be placed in the street right-of-way. On residential subdivisions, the subdivider shall install underground service connections to the property line of each lot within the subdivision for such required utilities before the street is paved.
(6) 
Utility easements. Where topography is such as to make impractical the inclusion of utilities within the street rights-of-way, perpetual unobstructed easements at least 20 feet (6.0960 meters) in width shall be otherwise provided with satisfactory access to the street. Wherever possible, easements shall be continuous from block to block and shall present as few irregularities as possible. Such easements shall be cleared and graded where required.
(7) 
Grades. Grades of all streets shall conform in general to the terrain, and shall not be less than 1/2 nor more than 6% for arterial or collector streets, or 10% for local streets in residential zones, but in no case more than 3% within 50 feet (15.24 meters) of any intersection.
(8) 
Changes in grade. All changes in grade shall be connected by vertical curves of such length and radius as meet with the approval of the Borough Engineer so that clear visibility shall be provided for a safe distance.
(9) 
Curve radii at street intersections.
(a) 
Edge of street pavement, or curbline, and related right-of-way line shall be rounded according to the following schedule of minimum radii:
[1] 
For intersections of an alley and a local street, the radius shall be eight feet (2.4384 meters).
[2] 
For intersections of local or urban collector streets, the radius shall be 20 feet (6.0960 meters).
[3] 
For intersections of any street with an urban minor arterial street, the radius shall be 30 feet (9.1440 meters).
(b) 
In zones where buildings are permitted to abut the right-of-way line, a diagonal cutoff may be employed, provided sidewalk width and corner visibility are unimpaired.
(10) 
Steep grades and curves; visibility at intersections. A combination of steep grades and curves shall be avoided. In order to provide visibility for traffic safety, there shall be developed and maintained a clear sight triangle in accord with the provisions of Chapter 286, Vehicles and Traffic, Article XI, Clear Sight Triangle, § 286-81, of the Code of Ordinances of the Borough of Chambersburg.
[Amended 6-16-2008 by Ord. No. 2008-08]
(11) 
Dead-end streets (culs-de-sac). Where dead-end streets are designated to be so permanently, they should, in general, not exceed 500 feet (152.4000 meters) in length and shall terminate in a circular turnaround having a minimum right-of-way radius of 60 feet (18.2880 meters), and a pavement radius of 50 feet (15.24 meters) shall be provided unless the Planning Commission approves an alternative arrangement.
(12) 
Watercourses.
(a) 
Where a watercourse separates a proposed street from abutting property, provisions shall be made for access to all lots by means of culverts or other structures of design approved by the Borough Engineer.
(b) 
Where a subdivision is traversed by a watercourse, drainageway, channel or stream, there shall be provided a stormwater easement or drainage right-of-way as required by the Borough Engineer and in no case less than 20 feet (6.0960 meters) in width.
(13) 
Service streets or loading space in commercial development. Paved rear service streets of not less than 20 feet (6.0960 meters) in width or, in lieu thereof, an adequate off-street loading space, suitably surfaced, shall be provided in connection with lots designed for commercial use.
(14) 
Free flow of vehicular traffic abutting commercial developments. In front of areas zoned and designed for commercial use, or where a change of zoning to a zone which permits commercial use is contemplated, the street widths shall be increased by such amount on each side as may be deemed necessary by the Borough Engineer to assure the free flow of through traffic without interference by parked vehicles and to provide adequate and safe parking space for such commercial or business district.
(15) 
Sidewalks.
[Amended 9-10-2012 by Ord. No. 2012-09]
(a) 
Sidewalks shall be required in accordance with the written specifications of the Borough as may be amended from time to time.
(b) 
Sidewalks shall be located within the street right-of-way, one foot from the property line. Planting strips may be required in accordance with the written specifications of the Borough as may be amended from time to time.
(16) 
Curbs shall be required in accordance with the written specifications of the Borough as may be amended from time to time unless the Borough determines that curbs are not required for water drainage purposes. ADA-compliant curb ramps shall be required in accordance with the written specifications of the Borough as may be amended from time to time.
[Amended 9-10-2012 by Ord. No. 2012-09]
(17) 
Gutters. In those sections where curbs are not used, stabilized shoulders at least six feet (1.8288 meters) wide shall be provided where required as part of the surface drainage system, constructed to prevent erosion of the adjacent land.
(18) 
Access.
[Added 11-27-2006 by Ord. No. 2006-10]
(a) 
Primary access. Any street designed or intended to provide primary vehicle access to two or more lots must be built according to Borough of Chambersburg public street right-of-way and pavement specifications. Sidewalks will not be required unless the means of primary vehicle access is being dedicated to the Borough of Chambersburg. No street will be considered for dedication to the Borough of Chambersburg without sidewalks or provisions for sidewalks.
(b) 
Secondary access. With the consent of Borough Council, alleys or private service drives may be used to provide a secondary means of access to one or more lots. In residential zoning districts, alleys or private service drives must be at least 18 feet in width and are prohibited from connecting to a public street within 100 feet of a public street intersection. In commercial or manufacturing zoning districts, alleys or private service drives must be at least 24 feet in width and are prohibited from connecting to a public street within 200 feet of a public street intersection. All alleys or private service drives must be built according to Borough of Chambersburg public street pavement specifications.
[1] 
For alleys or private service drives serving not more than two lots, whether residential or commercial lots or any combination of the two, there shall be a statement appearing under separate heading on the final subdivision or land development plan detailing how maintenance responsibilities shall be shared by the lots being served. The obligation set forth shall be a covenant running with the lots being served and enforceable by either lot owner and must so state.
[2] 
For alleys or private service drives serving more than two lots, whether residential or commercial lots or any combination of the two, there shall be formed a lot owners' association to be responsible for maintenance. Maintenance responsibility shall be described in detail in the lot owners' association agreement, and provision shall be made for appropriate assessment against each lot being served by the alleys or private service drive with the creation of an appropriate capital improvements fund to fund future maintenance. There shall be a statement appearing under separate heading on the final subdivision or land development plan advising of the maintenance responsibility, the fact of the lot owners' association agreement and that the maintenance obligation is a covenant running with the lots being served and enforceable by each lot owner covered by the agreement against each other lot and must so state.
[3] 
Under no circumstances will the Borough of Chambersburg be responsible for any maintenance or any liability for alleys or private service drives not dedicated to the Borough and will not consider accepting any such street unless the street meets all public street right-of-way, paving and other standards as outlined in this chapter for construction of streets to be dedicated to the Borough, including provision for installation of sidewalks.
E. 
Pedestrian easement.
(1) 
Pedestrian easement. In any construction of attached dwellings, as defined in Chapter 300, Zoning, or series of attached dwellings, the developer shall provide a pedestrian easement across the rear and/or side yards of the lots on which attached dwellings are constructed to the nearest public street, alley or drive for the benefit of all owners of said attached dwellings. The easement shall be restricted to pedestrian use only with no motor vehicle traffic permitted. The easement shall be at least five feet in width but need not be improved by sidewalks, driveways or in any other manner.
(2) 
The easement shall not be obstructed unless provision is made for free passage, for the entire length and width of the easement, of all property owners having a beneficial interest in the easement. In the event that a developer proposes construction of two or more series of attached dwellings with the rear yards of one series of attached dwellings abutting the rear yards of another series of attached dwellings, it shall be permissible to provide a portion of the required pedestrian easement from the lots of each, provided that the property owners for whose benefit the easement is being provided shall have access to a five-foot unobstructed easement.
(3) 
The purpose of this provision is to provide each property owner in an attached dwelling development access to his rear yard other than through his personal dwelling. Accordingly, if such access otherwise exists in the form of adjoining streets, alleys or private drives, this easement for which provision is here made shall not be required.
F. 
Street names.
(1) 
Type of name. All street names shown on a subdivision plan must be approved by Town Council. In general, streets have names and not numbers or letters. The proposed street name shall be reviewed by the Franklin County Planning Commission to ensure that there is no duplication in street names.
(2) 
Names to be substantially different. Proposed street names shall be substantially different so as not to be confused in sound or spelling with present Franklin County street names except that streets that join or are in alignment with streets of an abutting or neighboring property shall bear the same name. Generally, no street should change direction by more than 90° (1.570796 rad) without a change in street name.
(3) 
Property numbers. Property numbers shall be assigned to each lot by the Borough Building Official.
G. 
Lots.
(1) 
Lots to be buildable. The lot arrangement shall be such that in constructing a building in compliance with Chapter 300, Zoning, there will be no foreseeable difficulties for reasons of topography or other natural conditions. Lots should not be of such depth as to encourage the later creation of a second building lot at the front or rear.
(2) 
Lot size. Minimum lot size, setbacks and other requirements shall be governed by Chapter 300, Zoning. If a lot is not served by public water and sewer, the lot must contain at least 20,000 square feet (185.80682 square meters), and have street frontage no less than 100 feet (30.48 meters). If public sewer is not available and the lot is connected to public water, then the lot must contain at least 15,000 square feet (1393.55 square meters), and have street frontage no less than 75 feet (22.86 meters).
(3) 
Side lines. All side lines of lots shall be at right angles to straight street lines and radial to curved street lines, unless a variance from this rule will give a better street or lot plan.
(4) 
Corner lots. In general, corner lots should be larger than interior lots to provide for proper building setback from each street and provide a desirable building site.
(5) 
Driveway access. Driveway access and grades shall conform to specifications of the Borough Engineer.
(6) 
Access from private streets. Where access to lots is only by private streets, such streets shall be deemed acceptable only if such streets are designed and improved in accordance with these regulations.
H. 
Monuments and markers. Monuments and markers must be placed so that the scored or marked point coincides exactly with the point of intersection of the lines being monumented. They must be set so that the top of the monument or marker is level with the finished grade of the surrounding ground. Monuments must be marked on top with a copper or brass plate or dowel set in the concrete.
(1) 
Monuments.
(a) 
Monuments shall be set:
[1] 
At the intersections of all right-of-way lines.
[2] 
At the intersection of lines forming angles in the boundaries of the subdivision.
[3] 
At the intersection of lines bounding areas proposed for dedication and easement.
[4] 
At such intermediate points as may be required by the Borough Engineer.
(b) 
Monuments shall be four inches square (103.2256 centimeters square) or four inches (10.16 centimeters) in diameter, 30 inches (76.2002 centimeters) long and made of concrete, stone, or by setting a four-inch (10.16 centimeters) cast iron or steel pipe filled with concrete.
(2) 
Markers. Markers shall be set at all lot corners except those monumented, prior to the time the lot is offered for sale. Markers shall be 3/4 of an inch square (3.6290 centimeters square) or 3/4 of an inch (1.9050 centimeters) in diameter, 15 inches (38.1001 centimeters) long. Markers shall be made of iron pipes or iron or steel bars.
I. 
Drainage improvements.
(1) 
Removal of spring and surface water. The subdivider may be required by Town Council to carry away by pipe or other method of diversion any spring or surface water that may exist either previous to or as a result of the subdivision. Such drainage facilities shall be located in the street right-of-way, where feasible, or in perpetual unobstructed easements of appropriate width.
(2) 
Drainage to include potential development upstream. A storm drainage system including pipes, culverts, retention and detention basin, soakaways and any other drainage facility shall, in each case, be large enough to accommodate potential runoff from its entire upstream drainage area, whether inside or outside the subdivision. Engineering calculations shall be submitted by the subdivider, and the Borough Engineer shall approve the design, size and specifications of facility based on anticipated runoff from a ten-year storm under conditions of total potential development permitted by Chapter 300, Zoning, if such exists, in the watershed.
(3) 
Responsibility from drainage downstream. The subdivider shall also study the effect of each subdivision on the existing downstream drainage facilities outside the area of the subdivision; this study shall be reviewed by the Borough Engineer. Where it is anticipated that the additional runoff incident to the development of the subdivision will overload an existing downstream drainage facility during a five-year storm, the Borough Engineer shall notify Town Council of such potential condition. In such case, Town Council may require the subdivider to minimize to the extent reasonably possible storm runoff from the subdivision.
(4) 
Land subject to flooding. Before land can be subdivided, the subdivider must consult Chapter 154, Floodplain Management, of this Code. If any land is in the floodplain, the subdivider must comply with all requirements of Chapter 154.
(a) 
Subdivision proposals and other proposed developments shall be reviewed to assure that such proposals are consistent with the need to minimize flood damage, all public utilities and facilities, such as sewer, gas, electrical and water systems, are located, elevated and constructed to minimize or eliminate flood damage and adequate drainage is provided so as to reduce exposure to flood hazards.
(b) 
New or replacement water supply systems and/or sanitary sewer systems shall be designed to minimize or eliminate infiltration of floodwaters into the systems and discharges from the systems into floodwaters and require on-site waste disposal systems to be located so as to avoid impairment of them or contamination from them during flooding.
J. 
Parks, open spaces and natural features.
(1) 
Recreation areas shown on the Comprehensive Plan. Where a proposed park, playground or open space shown on the Comprehensive Plan is located in whole or in part in a subdivision, the Commission shall require that such area or areas be shown on the subdivision plan in accordance with the requirements specified in Subsection J(2). Such area or areas shall be dedicated to the Borough by the subdivider if the Town Council requires such dedication.
(2) 
Recreation land dedication and set asides shall be in accordance with the following standards and requirements:
[Amended 1-24-2005 by Ord. No. 2005-2]
(a) 
Dedication. Subdividers shall dedicate to the Borough for use as public recreation an area of land determined as follows:
[1] 
When the subdivision (or land development) ("subdivision") involves residential or mixed residential/commercial uses, not less than the greater of 0.02 of an acre times the maximum number of dwelling units, including townhouses and apartment buildings, or 15% of the area of the total tract of land involved in the subdivision.
[2] 
When the subdivision involves only commercial uses, other than development classified as heavy manufacturing under the Borough Zoning Ordinance, an area not less than 5% shall be dedicated.
[3] 
The land dedicated must meet all the conditions related to the condition of the land set forth in the set aside requirements below.
[4] 
Upon final subdivision approval, that portion of the land identified to meet the recreation requirement for the area and development included in the final subdivision approval shall be dedicated to the Borough for recreational purposes. Title to land dedicated to the Borough shall have a title that is good and marketable and free of all liens and encumbrances. The subdivider shall provide a title certification acceptable to the Assistant Borough Solicitor.
(b) 
Set aside. When less than all ("full tract") of the contiguous land, excluding streets, owned by the developer is proposed for subdivision or land development ("subdivision"), the subdivider, in addition to the recreation dedication required for the subdivision, shall also set aside and reserve land for future recreation land dedication based on the potential development of the full tract (the "set aside"). The proposed set aside in the judgment of the Borough must be suitable for use as recreational facilities and reasonably accessible to the future inhabitants of the subdivided tract. The set aside approved by Council (plus any area being dedicated for recreation) must be shown on the final subdivision plan prior to the plan being recorded. The set aside (as well as any land offered as a recreation dedication) must meet the following requirements:
[1] 
For proposed residential or mixed residential/commercial development, the initial area to be identified and preserved from development shall be not less than .02 of an acre times the maximum number of single-family detached dwelling units, which, based upon zoning existing on the date of the initial subdivision application, could potentially be constructed on all the contiguous land, excluding streets, owned by the developer of which the subdivided portion is a part ("full tract") or 15% of the area of the full tract, whichever is greater. The foregoing notwithstanding, no tract less than 1/4 of an acre shall be suitable for recreation purposes, nor shall any such tract be accepted by the Borough for recreation purposes.
[2] 
For proposed commercial development, except development classified under the Borough Zoning Ordinance as heavy manufacturing, the initial area to be identified and preserved from development shall not be less than 5% of the area of the full tract.
[3] 
No more than 25% of the tract to be set aside for recreation shall be in a floodplain or located on ground having a slope greater than three 3%. Areas designated as detention or retention basins or other stormwater management facilities shall not be part of the required set aside.
[4] 
The tract to be set aside shall be accessible from a public street or shall adjoin and become a part of an already existing public recreation area which is accessible from a public street.
[5] 
When the tract is less than two acres, it shall be located at a suitable place on the periphery of the subdivision or land development so a more usable tract will result where additional area may be obtained when adjacent land is developed.
[6] 
When a public recreation area exists adjacent to the tract to be subdivided or developed, the tract to be set aside for recreation shall be located to adjoin and enlarge the existing public recreation area.
[7] 
Public water, public sewer and electric utilities shall be available or shall become available to the area set aside as a result of the planned subdivision or land development activities.
[8] 
Land set aside for recreational purposes shall be reasonably compact parcels located to serve all parts of the full tract and not excessively irregular in terrain or shape.
[9] 
The Borough may require the subdivider to satisfactorily grade any area offered for dedication to the Borough.
[10] 
When the last part of the full tract has been approved for subdivision, any remaining undedicated portion of the set aside tract (in excess of the Borough’s recreational requirement) shall be released from the set aside commitment.
[11] 
If, in the course of development of the full tract, there has been such development that the set aside area is insufficient to meet the Borough recreation requirements, the set aside area shall be increased from time to time as required.
(c) 
Private recreation area. Upon agreement with the Borough, in lieu of dedication of land for recreation, a subdivider may set aside an area for private recreation subject to the following criteria:
[1] 
The area to be set aside shall comply, in all respects, with the provisions of Subsection J(2)(a) and (b) above.
[2] 
Provisions satisfactory to the Borough and based upon covenants running with the land must be established to insure the perpetual maintenance and care of the area.
(d) 
Agreed fee in lieu of dedication. At the option of the subdivider and subject to the agreement of the Borough, subdividers required to provide public recreation areas may pay a fee in lieu of the dedication of land or provide a combination of the dedication of land for a portion of the recreation requirement and pay a fee for a portion or provide a combination of any of the foregoing and the dedication of private recreation area.
[1] 
The amount of such fee shall be equal to the fair market value of the acreage otherwise required to be dedicated. The fair market value shall be as agreed between the subdivider and the Borough and, failing such agreement, as determined by a certified real estate appraiser selected by the Borough and paid by the subdivider.
[2] 
In the event of a cash payment in lieu of the dedication of land, the payment shall be deposited in an interest-bearing account, clearly identifying the specific recreation requirement for which the fee was received. Interest earned on such account shall become part of the fund of that account. Funds from such accounts shall be expended only to support the cost of park or recreation facilities accessible, in the judgment of the Borough’s Recreation Commission, to the development.
[3] 
Upon request of any person who paid any fee under this alternate procedure, the Borough shall refund such fee, plus interest accumulated thereon from the date of payment, if said fee is not utilized for its intended purpose within three years from the date of payment.
(3) 
Information to be submitted. In the event that an area used for a park or playground is required to be so shown, the subdivider shall submit, prior to final approval, to the Commission three prints drawn in ink, showing, at a scale of not less than 30 feet to the inch (914.4030 centimeters to 2.5400 centimeters), such area and the following features thereof:
(a) 
The boundaries of said area, giving lengths, bearings of all straight lines, radii, lengths, central angles and tangent distances of all curves.
(b) 
Existing features such as brooks, ponds, clusters of trees, rock outcrops and structures.
(c) 
Existing and, if applicable, proposed changes in grade and contours of said area and of immediately adjacent area.
(4) 
Acceptance of dedicated areas for parks and playgrounds. If any area or lot set aside as required by § 258-9J above to be used as a park, playground or recreational area shall not have been accepted for public use by the Town Council within three years after the same has been dedicated to the Borough, the subdivider or his heirs or assigns may, after the expiration of said three-year period, request the Town Council to take formal action relinquishing claim thereto and restoring such area or lot to the control of the subdivider or his heirs. The Town Council shall then have the option, within three months of the making of the request, of accepting such area or lot forthwith or of relinquishing all claim thereto. The Town Council may assign its right to such land to the Chambersburg Area School District for recreational purposes. Moreover, the subdivider or his heirs or assigns may enter into an agreement to sell the land and the proceeds divided as the parties agree with the Borough’s share to be used for recreation purposes.
[Amended 1-24-2005 by Ord. No. 2005-2]
(5) 
Conservation of natural features. The Planning Commission should encourage subdividers to conserve the natural and built features which add value to developments and to the community, such as large trees or groves, watercourses and falls, historic spots, vistas and similar irreplaceable assets.

§ 258-10 Site planning and project design.

A. 
Quality of work.
(1) 
In addition to the requirements and procedures set in § 258-8, the developer shall submit proposals which follow sound planning practices. For major subdivisions and developments it is recommended that professional consultants, such as town planners, architects, landscape architects, engineers and surveyors, be used for appropriate sections of the design and supervision of the work.
(2) 
The developer seeking technical or financial assistance from state or federal agencies for a project shall follow the necessary procedures required by such agencies prior to legal commitment of layouts or commencement of physical work on the site.
B. 
Earthmoving and site preparation. During earthmoving and construction, existing vegetation, trees, watercourses and other natural features shall be protected to the extent reasonably possible from damage, detriment, pollution and any subsequent harmful erosion and sedimentation condition. Topsoil removal shall be limited to those areas occupied by future roads, structures and areas to be cut or filled by regrading. Topsoil removed shall be stored for reuse on the site in accordance with Department of Environmental Resources regulations on erosion and sedimentation control.
C. 
Grading and drainage. The layout and design of each development shall closely relate to the existing topography of the site and its drainage. Surface drainage shall be achieved by relating improvements and structures to the natural slopes assisted by careful grading where required. Seeding, sodding or other planting shall be applied to stabilize the topsoil, with additional support or treatment on steeper slopes of cut or fill to prevent subsequent erosion. Where adequate surface drainage is not possible by grading alone, a supplementary drainage system shall be included as part of the required improvements.
D. 
Home sites. Home driveways shall be generally restricted to local and collector streets. The minimum distance of a residence from principal arterials and major highways shall be 90 feet (27.4320 meters). All forms of housing shall be screened from an adjacent railway right-of-way and limited access highways (Interstate 81) by planting and, where appropriate to the development, a fence, wall or berm designed to minimize noise and visual nuisance. The minimum distance of a residence from the edge of a railway right-of-way shall be such that the full height of the housing structure falls below a forty-five-degree (0.785398 rad) line projected up from the edge of the abutting right-of-way line.
E. 
Pedestrian movement. Pedestrian walkways, when proposed, shall be related to the street sidewalks and access easements to play areas, parks and other community facilities. Such walkway systems shall be separated, insofar as possible, from the vehicular traffic system.
F. 
Vehicular movement and parking.
(1) 
All development shall be served by a street system designed with regard to topography, natural features, function, visibility and economy of street length.
(2) 
All developments shall have off-street parking as required in Chapter 300, Zoning. All off-street parking shall be accessible by a walkway system within 150 feet (45.7200 meters) walking distance from the entrance to the building served.

§ 258-11 Public works.

[Amended 5-22-1991 by Ord. No. 91-4; 8-26-1998 by Ord. No. 98-8]
A. 
No subdivision plan shall be finally approved unless the streets shown on such plans have been improved as required and any walkways, curbs, gutters, streetlights, fire hydrants, shade trees, water mains, sanitary sewers, storm drains and other improvements as may be required have been installed in accordance with this chapter. In lieu of the completion of any improvements required as a condition for the final approval of a plan, the subdivider may provide for the deposit with the Borough of a corporate bond or other security acceptable to Town Council in an amount sufficient to cover the costs of any improvements which may be required. Such bond or other security shall provide for, and secure to the public, the completion of any improvements which may be required within two years of the approval of the subdivision plan. In the case where development is projected over a period of years, Council may authorize submission of final plans by sections or stages of development, subject to such requirements or guaranties as to improvements in future sections or stages of development as it finds essential for the protection of any finally approved section of the development.
B. 
Council may require that public works facilities be constructed by the subdivider outside the subdivided area to connect the public works facilities in the subdivision with existing public works facilities outside the subdivided area. Such public works need be constructed in public rights-of-way only.
C. 
In the event of any subdivision or land development within the Borough but adjacent to the common boundary of the Borough with Greene Township, where the public sewer facilities owned and operated by the Borough are not available but where those owned and operated by the Greene Township Municipal Authority are conveniently available and within 500 feet of any part of the proposed subdivision or land development, the Borough reserves the right to require the developer to construct public sewer facilities and to connect the same to the Borough of Chambersburg's public sewer, provided the available Greene Township Municipal Authority's public sewer line can accommodate the development. Final subdivision or land development approval when connection to public sewer facilities pursuant to this provision is required shall be subject to the following conditions:
[Added 11-12-2002 by Ord. No. 2002-17[1]]
(1) 
The Borough will give written notification to the developer or subdivider at the earliest possible date in the subdivision or land development process that connection to Borough of Chambersburg facilities is or may be a requirement for final approval of the plan being presented.
(2) 
The applicant for subdivision/land development approval shall be responsible for contacting and submitting an application for connection to the Borough of Chambersburg, which application shall be accompanied by a copy of the written notice from the Borough that the connection will be required.
(3) 
The applicant shall be responsible for preparing and submitting the application required by the Greene Township Municipal Authority and shall comply with all rules and regulations established by the Greene Township Municipal Authority and, if connection is approved and effected, shall be considered a sewer customer of the Greene Township Municipal Authority subject to all rules, regulations and fees established for said customers by Township and/or the Municipal Authority.
(4) 
Final determination as to whether connection to the public sewage facilities in Greene Township is to be permitted shall be within the sole judgment of the Green Township Municipal Authority.
(5) 
As a condition to final subdivision approval in the Borough, the applicant shall provide to the Borough a copy either of the permit authorizing connection to public sewage facilities of the Greene Township Municipal Authority or a copy of the letter denying authority to make the connection. In the event the applicant is not able to connect to the Greene Township Municipal Authority public sewage facilities, the applicant shall pursue with the Borough such alternate sewage facilities as are otherwise authorized in the Borough when public sewage facilities are not available.
(6) 
In those instances in which connection to public sewage facilities owned and operated by the Greene Township Municipal Authority is required, resolution of all issues relating to that connection shall be a prerequisite to final approval of the subdivision or land development plan pending in the Borough.
[1]
Editor's Note: This ordinance also provided for the redesignation of former Subsections C, D and E as Subsections D, E an F, respectively.
D. 
Security required for public works.
(1) 
The amount of financial security required shall be based upon an estimate of the cost of completion of the required improvements, submitted by an applicant or developer and prepared by a professional engineer licensed as such in this commonwealth and certified by such engineer to be a fair and reasonable estimate of such cost. The municipality, upon the recommendation of the Borough Engineer, may refuse to accept such estimate for good cause shown. If the applicant or developer and the Borough are unable to agree upon an estimate, then the estimate shall be recalculated and recertified by another professional engineer licensed as such in this commonwealth and chosen mutually by the municipality and the applicant or developer. The estimate certified by the third engineer shall be presumed fair and reasonable and shall be the final estimate. In the event that a third engineer is so chosen, fees for the services of said engineer shall be paid equally by the municipality and the applicant or developer.
(2) 
The amount of financial security to be posted for the completion of the required improvements shall be equal to 110% of the cost of completion estimated as of 90 days following the date scheduled for completion by the developer. Annually, the Borough may adjust the amount of the financial security by comparing the actual cost of the improvements which have been completed and the estimated cost for the completion of the remaining improvements as of the expiration of the 90th day after either the original date scheduled for completion or a rescheduled date of completion. Subsequent to said adjustment, the municipality may require the developer to post additional security in order to assure that the financial security equals said 110%. Any additional security shall be posted by the developer in accordance with this section.
(3) 
When requested by the developer, in order to facilitate financing, the governing body or the Planning Commission, if designated, shall furnish the developer with a signed copy of a resolution indicating approval of the final plat contingent upon the developer obtaining a satisfactory financial security. The final plat or record plan shall not be signed nor recorded until the financial improvements agreement is executed. The resolution or letter of contingent approval shall expire and be deemed to be revoked if the financial security agreement is not executed within 90 days, unless a written extension is granted by the governing body; such extension shall not be unreasonably withheld and shall be placed in writing at the request of the developer.
E. 
Release from improvement bond.
(1) 
No construction of public improvements shall be undertaken unless the subdivider shall give or cause his representative to give the Borough Engineer at least two working days' advance notice of when any particular public work is to be constructed. The Borough Engineer or his representative shall inspect the construction of all public works facilities required by this chapter while such construction is in progress. The Borough reserves the right to reject any public works constructed without the opportunity to inspect as provided by this section.
(2) 
When the subdivider has completed all of the necessary and appropriate improvements, the subdivider shall notify Council in writing, by certified or registered mail, of the completion of the aforesaid improvements and shall send a copy thereof to the Borough Engineer, together with reproducible as-built drawings of the completed improvements. Council shall be deemed to have directed and authorized the Borough Engineer to inspect the improvements after Council has received such notice. The Borough Engineer shall, thereupon, file a report, in writing, with Council and shall promptly mail a copy of the same to the subdivider by certified or registered mail. The report shall be made and mailed within 30 days after Council has received the request for release; said report shall be detailed and shall indicate approval or rejection of said improvements, either in whole or in part, and if said improvements, or any portion thereof, shall not be approved or shall be rejected by the Borough Engineer, said report shall contain a statement of reasons for such nonapproval or rejection.
(3) 
Council shall notify the subdivider in writing by certified or registered mail of the action of Council with relation thereto. The release, where the construction of public works facilities is done by a subdivider or his contractor, shall be conditioned on the subdivider furnishing a performance bond or other guaranty acceptable to the Borough Solicitor, conditioned upon the repayment to the Borough of the cost of any or all maintenance which may be required on any of the public works facilities within a period of two years after the date of the acceptance of such public works. The amount of such bond or other guaranty shall be 5% of the cost of constructing all such public works facilities as estimated by the Borough Engineer.
(4) 
If any portion of the said improvements shall not be approved or shall be rejected by Council, the subdivider shall proceed to complete the same and, upon completion, the same procedure of notification, as outlined herein, shall be followed.
(5) 
Nothing herein, however, shall be construed as limiting the subdivider's rights to contest or question, by legal proceedings or otherwise, any determination of Council or the Borough Engineer.
(6) 
Where a street, proposed by the subdivider as a means of access to his subdivision, abuts the side of a lot owned by another person and does not directly benefit such lot, the cost of the designated public works facilities lying within that portion of the street shall be borne by the subdivider.
F. 
Remedies to effect completion of improvements or maintenance. In the event that any improvements which may be required have not been installed as provided by this chapter or in accord with the approved subdivision plan, Council may enforce any corporate bond, or other security by appropriate legal and equitable remedies. If 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, Council may, at its option, install part of such improvements in all or part of the subdivision or land development and may institute appropriate legal or equitable action to recover the moneys necessary to complete the remainder of the improvements. All of the proceeds, whether resulting from the security or from any legal or equitable action brought against the subdivider, or both, shall be used solely for the installation of the improvements covered by such security, and not for any other Borough purpose.

§ 258-12 Public acceptance.

A. 
Public acceptance of streets and improvements. The recording of a properly executed plan shall constitute the act of dedication of streets, public works facilities and other public improvements for public use, and Council may, by resolution, accept all public works facilities as an integral part of the Borough's public works systems without liability to the subdivider. Such action by Council shall constitute the acceptance of the streets and other public works facilities shown on such plan for operation and maintenance by the Borough; provided, however, that such acceptance shall not become effective unless and until such streets and other public facilities shall have been constructed in strict accordance with the regulations and specifications of the Borough and the Borough Engineer shall have been so certified to Council.
B. 
Ownership and maintenance of recreation areas. The acceptance of public works facilities shall not, however, commit the Council to the acceptance of parks, playgrounds and recreation areas, or other facilities of a similar nature, whether required by this chapter or not. The Council may, however, accept such recreation areas or other facilities of a similar nature, at a later date, either upon its own initiative or upon petition, in accordance with § 258-9J(4).

§ 258-13 Mobile home parks.

This section contains provisions setting forth minimum standards for the design, construction, alteration, extension and maintenance of mobile home parks and related utilities and facilities. Provisions are also included authorizing the issuance of permits for such construction, alteration and extension of mobile home parks; the licensing of those who operate mobile home parks; the inspection of mobile home parks by authorized Borough officials; and the fixing of penalties for the violation of any of these provisions.
A. 
Definitions. As used in this section, the following terms shall have the meanings indicated:
LICENSE
Written approval, in whatever form as issued by the Borough of Chambersburg annually, authorizing a person to operate and maintain a mobile home park.
MOBILE HOME
A transportable, single-family dwelling intended for permanent occupancy, office or place of assembly contained in one unit, or in two units designed to be joined into one integral unit capable of again being separated for repeated towing, which arrives at a site complete and ready for occupancy except for minor or incidental unpacking and assembly operations, and constructed so that it may be used without a permanent foundation.
MOBILE HOME LOT
A parcel of land in a mobile home park, improved with the necessary utility connections and other appurtenances necessary for the erection thereon of a single mobile home, which is leased by the park owner to the occupants of the mobile home erected on the lot.
MOBILE HOME PARK
A parcel of land under single ownership which has been planned and improved for the placement of mobile homes for nontransient use, consisting of two or more mobile home lots.
PERSON
Any individual, firm, trust, partnership, public or private association or corporation, or other utility.
RECREATION VEHICLE
A vehicle which is designed for human occupancy under transient circumstances, such as camping, travel or other recreation, sometimes known as a "travel trailer" or a "camping trailer."
SERVICE OR RECREATIONAL BUILDING
A structure housing operational office, recreational, park maintenance and other facilities built to conform to required local standards.
B. 
Plan approval for mobile home park construction, alteration or extension.
(1) 
Permits required. It shall be unlawful for any person to construct, alter or extend any mobile home park within the limits of the Borough of Chambersburg unless a valid certificate has been issued by the Pennsylvania Department of Environmental Resources, in the name of such person for the specific construction, alteration or extension proposed, and also a plan approval and license by the Borough of Chambersburg.
(2) 
Application to the Pennsylvania Department of Environmental Resources. All applications for a certificate of registration shall be made by the owner of the mobile home park or his authorized representative to the Pennsylvania Department of Environmental Resources in accordance with their rules and regulations.
(3) 
Application to Borough concerning mobile home parks. Copies of the application submitted to the Pennsylvania Department of Environmental Resources shall be concurrently filed with the Borough Secretary. Such application shall be accompanied by a plan at a scale not smaller than one inch (2.5400 centimeters) equaling 40 feet (12.1920 meters) and containing the following information:
(a) 
All information as required by the Pennsylvania Department of Environmental Resources.
(b) 
Name of mobile home park.
(c) 
Name and address of owner of record and/or applicant.
(d) 
Name of engineer, surveyor or other qualified person preparing plan.
(e) 
North arrow, scale and date of plan preparation.
(f) 
Location map.
(g) 
Site data:
[1] 
Number of mobile home lots.
[2] 
Total number of acres.
[3] 
Number of lots per acre.
[4] 
Zoning district including special exception approval if required.
[5] 
Number of off-street parking spaces.
(h) 
Topography showing existing and proposed contours at intervals of not more than five feet (1.5240 meters); all topography shall be based on Borough of Chambersburg datum.
(i) 
The location of any existing bodies of water or watercourses, floodplain areas, tree masses, buildings or structures, public facilities and any other man-made or natural features within or near the proposed mobile home park area.
(j) 
A stormwater management plan.
(k) 
Existing and proposed property, lot and boundary lines, including building setback lines, and information concerning lot dimensions, lot areas, and the location of all utilities and easements.
(l) 
Location and dimension of all mobile home parks.
(m) 
The location of all existing and proposed streets with information concerning pavement widths, types of paving and street names.
(n) 
Typical cross-sections of all streets.
(o) 
Street center-line profiles.
(p) 
Location of all off-street parking areas.
(q) 
Location and dimension of all pedestrian ways and sidewalks.
(r) 
Location of proposed recreation areas.
(s) 
Location of all plantings and landscaping.
(t) 
Location, dimensions and proposed use of all service and accessory structures.
(u) 
Location and type of all fire extinguishers and waste containers.
(v) 
Location of bench mark and datum used.
(w) 
Location of proposed monuments and markers.
(x) 
Engineer's or surveyor's seal with certification that survey and plan are correct.
(y) 
Block for recommendation by the Planning and Zoning Commission.
(z) 
Block for approval by Borough Council.
(4) 
Review of plans and issuance of permit.
(a) 
The procedure to be followed in reviewing proposed plans which have been submitted to the Borough for approval shall be the same as those contained in § 258-5 of this chapter.
(b) 
At the time a final plan is approved, Borough Council shall authorize the Zoning Officer to issue a permit to the applicant.
(5) 
Plan review fees. Plan review fees may be established by resolution of Council.
C. 
Registration and licensing.
(1) 
License required. It shall be unlawful for any person to operate any mobile home park within the limits of the Borough unless he holds a certificate of registration issued annually by the Pennsylvania Department of Environmental Resources, and a license issued annually by the Borough of Chambersburg.
(2) 
Renewal license. Annual licenses shall be issued by the Borough of Chambersburg Zoning Officer upon the furnishing of proof by the applicant that his park meets the standards prescribed by the Pennsylvania Department of Environmental Resources, this chapter and the Borough of Chambersburg's Housing Code.
(3) 
Application to Borough for annual license. Applications for initial or renewal licenses to operate a mobile home park shall be made, in writing, to the Borough Zoning Officer using a form furnished by the Borough. All such applications shall be accompanied by a fee which is assessable by the Borough for the administration and enforcement undertaken pursuant to this article and the Code, and shall be established by the Borough by resolution from time to time. Current fee schedules are available from the office of the Borough Secretary.
[Amended 6-13-2011 by Ord. No. 2011-05]
(4) 
Transfer of ownership. Every person holding a Department of Environmental Resources certificate and/or Borough license shall file a written notice to the Pennsylvania Department of Environmental Resources and the Borough of Chambersburg's Zoning Officer within 10 days after having sold, transferred, given away or otherwise disposed of interest in or control of any mobile home park. If the certificate of registration and/or license is transferred by the Pennsylvania Department of Environmental Resources, proof of such transfer shall be furnished to the Borough Zoning Officer.
(5) 
Suspension. Whenever, upon inspection of any mobile home park, it is determined that conditions or practices exist which are in violation of any provisions of this chapter, or of any regulations adopted pursuant thereto, the Borough of Chambersburg's Zoning Officer shall give written notice to the person to whom the Department of Environmental Resources certificate of registration and Borough license was issued, advising him that unless such conditions or practices are corrected within a reasonable period of time specified in the notice, the license to operate in the Borough shall be suspended. At the end of such period, such mobile home park shall be inspected and if such conditions or practices have not been corrected, and the licensee has not requested a hearing, the Zoning Officer shall suspend the license and give notice, in writing, of such suspension to the person to whom the certificate and license are issued.
D. 
Inspections of mobile home parks. The Borough of Chambersburg's Zoning Officer or other authorized Borough representative may inspect a mobile home park periodically to determine compliance with this chapter. As a result of such inspection, the Zoning Officer may give notice for any violation of this chapter.
E. 
Design and construction requirements.
(1) 
Minimum park area. A mobile home park shall have a gross area of at least four acres (16,188 square meters), except that the minimum area may be two acres (8,094 square meters) where the proposed park is to be located adjacent to an existing mobile home park containing an area of four acres (16,188 square meters) or more.
(2) 
Site location. The location of all mobile home parks shall comply with the following minimum requirements:
(a) 
Free from adverse influence by swamps, marshes, garbage or rubbish disposal areas or other potential breeding places for insects or rodents.
(b) 
Not subject to flooding.
(c) 
Not subject to any hazard or nuisance, such as excessive noise, vibration, smoke, toxic matter, heat, odor and glare.
(3) 
Stormwater management.
(a) 
The ground surface in all parts of a park shall be graded and equipped to drain surface water in a safe, efficient manner. Where necessary, storm sewers, culverts and related facilities shall be provided to permit the unimpeded flow of natural watercourses and ensure the adequate drainage of all locations within the park.
(b) 
A drainage plan will be prepared and show proposed disposition of all stormwater runoff and stormwater drainage on which the proposed plan is based, prior to the granting of a plan approval or license for any mobile home park.
(c) 
All stormwater facilities shall be kept completely separate from any sanitary waste facilities.
(4) 
Soil and ground cover requirements.
(a) 
Ground surfaces in all parts of every park shall be paved, covered, with stone or other acceptable material, or planted 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 poisonous or which may harbor rodents, insects or other pests.
(5) 
Park areas for nonresidential uses.
(a) 
No part of any park area shall be used for nonresidential purposes, except such uses that are required for direct servicing, management or maintenance of the park and its residents.
(b) 
Nothing contained in this section shall be deemed as prohibiting the sale of a mobile home located on a mobile home lot and connected to utilities.
(6) 
Setbacks, buffer strips and screening.
(a) 
Mobile homes shall be located at least 60 feet (18.2880 meters) from the center line of any abutting existing or proposed public local street, 70 feet (21.3360 meters) from the center line of any abutting existing or proposed urban collector street.
(b) 
There shall be a minimum distance of 25 feet (7.6200 meters) between an individual mobile home, including accessory structures attached thereto, and adjoining pavement of a park street, or common parking area or other common areas and structures.
(c) 
Mobile home parks shall provide a screen planting (trees, shrubs) along the property boundary line separating the park and adjacent uses. The landscaped strip shall provide an open space of 50 feet (15.24 meters) along the street frontage with an urban collector or arterial street and 25 feet (7.6200 meters) wide along all other boundary lines or street frontages.
(d) 
Mobile homes shall be located at least 25 feet (7.6200 meters) from any park property line and at least 10 feet (3.0480 meters) from any side or rear mobile home lot line.
(7) 
Placement of mobile homes.
(a) 
Mobile homes shall be separated from each other and from other buildings, structures and outdoor living areas by at least 20 feet (6.0960 meters) on all sides.
(b) 
An enclosure of compatible design and material shall be erected around the entire base of each mobile home. Such enclosure shall provide sufficient ventilation to inhibit decay and deterioration of the structure.
(c) 
All mobile homes shall be properly placed upon a mobile home park and securely fastened to the foundation.
(8) 
Park street system.
(a) 
A safe and convenient vehicular access shall be provided from abutting public streets or roads.
(b) 
The entrance road, or area, connecting the park with a public street or road shall have a minimum pavement width of 36 feet (10.9728 meters).
(c) 
Other internal streets shall be as follows:
[1] 
Where parking is permitted on both sides, a minimum width of 36 feet (10.9728 meters) will be required.
[2] 
A minimum pavement width of 28 feet (8.5344 meters) will be required where parking is limited to one side.
[3] 
A minimum pavement width of 25 feet (7.6200 meters) will be required if no on-street parking is allowed.
[4] 
Dead-end streets shall be provided at the closed end with a paved turnaround having a radius of at least 50 feet (15.24 meters).
(d) 
Grades of all streets shall be at least 0.5% and not more than 8.0%.
(e) 
Intersections of more than two streets are prohibited.
(f) 
Within 100 feet (30.48 meters) of an intersection, streets shall be at approximately right angles. In no case shall streets intersect at less than 75° (1.30899694 rad).
(g) 
If intersecting streets are not in alignment, a distance of at least 125 feet (38.1000 meters) shall be provided between the center line of intersecting streets.
(h) 
Minimum curb or edge of pavement radii at intersections shall be as follows:
[1] 
Local street with local street: 20 feet (6.0960 meters).
[2] 
Local street with collector street: 20 feet (6.0960 meters).
[3] 
Collector street with collector street: 20 feet (6.0960 meters).
(i) 
All streets shall be constructed in accordance with Borough specifications.
(j) 
Walks.
[1] 
All mobile home parks shall be provided with pedestrian walks on both sides of the street. Such walks shall be at least 31/2 feet (1.0668 meters) in width.
[2] 
All mobile home lots shall be connected to a pedestrian walk with an individual walk at least two feet (0.6096 meter) in width.
[3] 
All pedestrian walks shall be constructed of a hard, durable, all-weather material that can be easily maintained, in accordance with Borough specifications.
(k) 
Mobile home lots.
[1] 
All lots shall abut and be accessible from a park street.
[2] 
Mobile home lots within the park shall have a minimum area of 4,000 square feet (371.60 square meters) and a minimum width of 40 feet (12.1920 meters) frontage in any direction.
[3] 
Each mobile home lot shall be improved to provide a hard-surfaced mobile home stand and adequate frost-free foundation for the placement of the mobile home unit.
(l) 
Recreation areas.
[1] 
In all mobile home parks a recreation area, or area, with suitable facilities shall be maintained within the park for the use of all park residents.
[2] 
Land required for such recreation areas shall not be less than 10% of the gross area of the mobile home park.
(m) 
Outdoor living area. An outdoor living and service space shall be provided for each mobile home as follows:
[1] 
Such space shall be located for privacy, convenience and optimum use.
[2] 
The minimum size of such space shall be not less than 300 square feet (27.87 square meters) with a least dimension of 15 feet (4.5720 meters).
[3] 
A paved or hard-surfaced area shall be provided which shall be at least 100 square feet (9.29 square meters) in area with a least dimension of 10 feet (3.0480 meters).
[4] 
Visual barriers such as walls, fences or planting shall be of a size and character to assure reasonable privacy and visual appeal.
F. 
Water supply.
(1) 
General. All mobile home parks shall connect to the public water supply system, and every mobile home, service building and other accessory facilities shall use water from the public system exclusively.
(2) 
Individual connections.
(a) 
Individual water riser pipes having an inside diameter of no less than 1/2 inch (1.27 centimeters) shall be provided on each mobile home stand and shall terminate no less than four inches (10.16 centimeters) above the ground level. The water outlet shall be capped when a mobile home does not occupy the lot.
(b) 
Adequate provisions shall be made to prevent freezing of service lines, valves and riser pipes and to protect risers from heaving and thawing actions of ground during freezing weather.
(c) 
A shutoff valve below the frost line shall be provided near the water riser pipe on each mobile home lot.
G. 
Sewage disposal.
(1) 
General. All mobile home parks shall be connected to the public sewage system, and every mobile home, service building and other accessory facilities shall use the public sewage system exclusively. All such proposed sewage disposal facilities shall be approved by the Borough of Chambersburg.
(2) 
Individual connections.
(a) 
Individual sewer riser pipes having at least a four-inch (10.16 centimeters) diameter shall be located on each mobile home stand and shall extend at least one inch (2.5400 centimeters) above the ground level.
(b) 
Provisions shall be made for plugging the sewer riser pipe when the mobile home lot is unoccupied.
H. 
Electrical distribution system.
(1) 
General. Every park shall contain an electrical wiring system consisting of wiring, fixtures, equipment and appurtenances which shall be installed and maintained in accordance with the Borough of Chambersburg specifications regulating such systems.
(2) 
Power distribution lines.
(a) 
All power lines shall be placed underground at least 18 inches (45.720091 centimeters) below the ground surface and shall be insulated and specifically designed for such installation. Such lines shall be located not less than one foot (30.48 centimeters) distance from any other utility line, facility or installation.
(b) 
Meter poles shall have a maximum height of six feet (1.8288 meters).
(3) 
Individual electric connections. Each mobile home lot shall be provided with an approved disconnecting device and overcurrent protective equipment. The minimum service per outlet shall be 120/240 volts AC, 100 amperes.
(4) 
Required grounding. All exposed non-current-carrying metal parts of mobile homes and all other equipment shall be grounded by means of an approved grounding conductor run with branch circuit conductors or other approved method of grounded metallic wiring. The neutral conductor shall not be used as an equipment ground for the mobile home or other equipment.
I. 
Service buildings and other park service facilities.
(1) 
Applicability. The requirements of this section shall apply to service buildings, recreation buildings and other community service facilities as follows:
(a) 
Management offices, repair shops and storage area.
(b) 
Laundry facilities.
(c) 
Indoor recreation areas.
(d) 
Commercial uses supplying essential goods or services for the exclusive use of park occupants.
(2) 
Facilities.
(a) 
Every mobile home park shall have a structure clearly designed as the office of the mobile home park manager.
(b) 
Service and accessory buildings located in a mobile home park shall be used only by the residents of the mobile home park.
(3) 
Structural requirements for buildings.
(a) 
All portions of the structure shall be properly protected from damage by ordinary uses and by decay, corrosion, termites and other destructive elements. Exterior portions shall be of such materials and be so constructed as to prevent entrance or penetration of moisture and weather.
(b) 
All rooms containing lavatory facilities shall:
[1] 
Have sound-resistant walls extending to the ceiling between male and female sanitary facilities. Walls and partitions in lavatories and other plumbing fixtures shall be constructed of dense, nonabsorbent, waterproof material or covered with moisture-resistant materials.
[2] 
Service and accessory buildings located in a mobile home park shall be used only by the residents of the mobile home park.
(c) 
Structural requirements for buildings.
[1] 
All portions of the structure shall be properly protected from damage by ordinary uses and by decay, corrosion, termites and other destructive elements. Exterior portions shall be of such materials and be so constructed as to prevent entrance or penetration of moisture and weather.
[2] 
All rooms containing lavatory facilities shall:
[a] 
Have sound-resistant walls extending to the ceiling between male and female sanitary facilities. Walls and partitions in lavatories and other plumbing fixtures shall be constructed of dense, nonabsorbent, waterproof material or covered with moisture-resistant materials.
[b] 
Have at least one window or skylight facing directly to the outdoors. The minimum aggregate gross area of windows for each required room shall be not less than 10% of the floor area served by them.
[c] 
Have at least one window which can be easily opened, or a mechanical device which will adequately ventilate the room. Toilets shall be located in separate compartments equipped with self-closing doors.
J. 
Refuse handling. The storage, collection and disposal of refuse in the mobile home park shall be the responsibility of the mobile home park owner or manager and shall be so conducted as to create no health hazards, rodent harborage, insect breeding areas, accident or fire hazards or air pollution and shall comply with all applicable Borough and state regulations.
K. 
Insect and rodent control. 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 comply with all applicable Borough and state regulations.
L. 
Fuel supply and storage.
(1) 
Natural gas system.
(a) 
Natural gas piping systems, when installed in mobile home parks, shall be installed and maintained in conformity with the Borough of Chambersburg's specifications.
(b) 
Each mobile home lot provided with piped gas shall have an approved shutoff valve installed upstream of the gas outlet. The outlet shall be equipped with an approved cap to prevent accidental discharge of gas when the outlet is not in use.
(2) 
Liquefied petroleum gas systems. Liquefied petroleum gas systems provided for mobile homes, service buildings and other structures when installed shall be maintained in conformity with any applicable rules and regulations and shall include the following:
(a) 
Systems shall be provided with safety devices to relieve excessive pressures and shall be arranged so that the discharge terminates at a safe location.
(b) 
Systems shall have at least one accessible means for shutting off gas. Such means shall be located outside the mobile home and shall be maintained in effective operating condition.
(c) 
All LPG piping outside of the mobile homes shall be underground and protected against mechanical injury. Undiluted liquefied petroleum gas in liquid form shall not be conveyed through piping equipment and systems in mobile homes.
(d) 
Vessels of more than 12 and less than 60 U.S. gallons (45.42396 liters or 227.1198 liters) gross capacity may be securely but not permanently fastened to prevent accident overturning.
(e) 
No LPG vessel shall be stored or located inside or beneath any storage cabinet, carport, mobile home or any other structure unless such installations are specially approved by the Fire Official.
(3) 
Fuel oil supply systems.
(a) 
All fuel oil supply systems provided for mobile homes, service buildings and other structures shall be installed and maintained in conformity with any applicable rules and regulations.
(b) 
All piping from outside fuel storage tanks or cylinders to mobile homes shall be securely, but not permanently, fastened in place.
(c) 
All fuel oil supply systems provided for mobile homes, service buildings and other structures shall have shutoff valves located within five inches (12.70 centimeters) of storage tanks.
(d) 
All fuel storage tanks or cylinders shall be securely placed and shall not be less than five feet (1.5240 meters) from any mobile home exit.
(e) 
Storage tanks located in areas subject to traffic shall be protected against physical damage.
M. 
Fire protection.
(1) 
Borough regulations. The mobile home park area shall be subject to any local fire protection rules and regulations.
(2) 
Litter control. Mobile home park areas shall be kept free of litter, rubbish and other flammable materials.
(3) 
Fire extinguishers. Portable fire extinguishers of a type approved by the Fire Official shall be kept in public service buildings under park control and a sufficient number shall be maintained throughout the park in readily accessible and well-marked positions.
(4) 
Fire hydrants.
(a) 
Fire hydrants shall be installed if their water supply source is capable to serve them in accordance with the following requirements:
[1] 
The water supply source shall permit the operation of a minimum of one four-and-one-half-inch (11.43 centimeters) connection for a fire engine pumper, and two two-and-one-half-inch (6.35 centimeters) connections for direct hose connection.
[2] 
Each of the nozzles, held four feet (1.2192 meters) above the ground, shall deliver at least 75 gallons (283.899750 liters) of water per minute at a flowing pressure of at least 30 pounds per square inch (2.0414 atmospheres or 2109.21 grams per square centimeter) at the highest point of the park.
(b) 
Fire hydrants shall be located within 500 feet (152.4000 meters) of any mobile home, service building or other structure in the park, and shall be installed in accordance with all applicable Borough specifications.
(c) 
The park management shall give the Borough Zoning Officer or other authorized Borough representative free access to all mobile home lots, service buildings and other community service facilities for inspection purposes.
N. 
Notices, hearings and orders.
(1) 
Whenever the Zoning Enforcement Officer determines that any dwelling, dwelling units or rooming unit, or the premises surrounding any of these, fails to meet the requirements set forth in this chapter or in applicable rules and regulations issued pursuant thereto, he shall issue a notice setting forth the alleged failures, and advising the owner, occupant, operator or agent that such failures must be corrected. This notice shall:
(a) 
Be in writing.
(b) 
Set forth the alleged violations of this chapter or of applicable rules and regulations issued pursuant thereto.
(c) 
Provide a reasonable time, not to exceed 90 days, for the correction of any violation alleged.
(d) 
Be served upon the owner, operator or agent personally, or by certified mail, delivered to addressee only, return receipt requested, addressed to the last known place of residence of the owner, operator or agent. If one or more persons to whom such notice is addressed cannot be found after diligent effort to do so, service may be made upon such person or persons by posting a notice in or about the dwelling, dwelling unit or rooming unit described in the notice, or by causing such notice to be published in a newspaper of general circulation for a period of two consecutive days.
(2) 
Hearing. Any person affected by any notice which has been issued in connection with the enforcement of any provision of this chapter, or of any regulation adopted pursuant thereto, may request and shall be granted a hearing on the matter before the Zoning Hearing Board provided that such person shall file in the office of the municipal authority a written petition requesting such hearing and setting forth a brief statement of the grounds therefor within 10 days after the notice was served. The filing of the request for a hearing shall operate as a stay of the notice and the suspension. Upon receipt of such petition, the Borough Zoning Officer shall set a time and place for such hearing and shall give the petitioner written notice thereof. At such hearing the petitioner shall be given an opportunity to be heard and to show why such notice shall be modified or withdrawn. The hearing shall be commenced not later than 10 days after the day on which the petition was filed; provided that upon application of the petitioner, the Borough Zoning Officer may postpone the date of the hearing for a reasonable time beyond such ten-day period when, in his judgment, the petitioner has submitted good and sufficient reasons for such postponement.
(3) 
Findings and order. After such hearing the Zoning Hearing Board shall make findings as to compliance with the provisions of this chapter and regulations issued thereunder and shall issue an order, in writing, sustaining, modifying or withdrawing the notice which shall be served as provided. Upon failure to comply with any order sustaining or modifying a notice, the license of the mobile park affected by the order shall be revoked.
(4) 
Record; appeal. The proceedings at such a hearing, including the findings and decision of the Zoning Hearing Board, together with a copy of every notice and order related thereto, shall be entered as a matter of public record in the office of the Borough but the transcript of the proceedings need not be transcribed unless judicial review of the decision is sought as provided by this section. Any person aggrieved by the decision of the Zoning Hearing Board may seek relief therefrom in the Court of Common Pleas of the 39th Judicial District, Franklin County Branch, as provided by the laws of this commonwealth.
O. 
Penalties; operations; violations.
(1) 
Summary offense. Any person who violates any operation or maintenance provision of this section shall be guilty of a summary offense and, upon conviction, shall be required to pay a penalty for the use of the Borough of Chambersburg in a sum not less than $25 nor more than $300, together with the costs of prosecution, and, in default of such payment, shall be imprisoned in county prison for a term not to exceed 10 days. Each day during which any violation of this chapter continues shall constitute a separate offense. The Borough of Chambersburg may also bring any actions at law or equity to enforce the terms of this chapter at its sole discretion.
(2) 
Revocation or suspension of license. Upon repeated violations by the same licensee, his right to the issuance of a license, or to continued operation under a license, may be suspended for a fixed term or permanently revoked after notice and hearing by the Zoning Hearing Board of the Borough of Chambersburg subject to the right of appeal to the Court of Common Pleas of the 39th Judicial District, Franklin County Branch.

§ 258-14 Definitions and word usage.

[Amended 5-22-1991 by Ord. No. 91-4]
As used in this chapter, words in the singular include the plural, and those in the plural include the singular. The word "person" includes corporation, unincorporated association and partnership, as well as an individual. The word "building" includes the meaning of "structure" and shall be construed as if followed by the phrase "or part thereof." The following words as used in this chapter shall have the meanings indicated below:
ACCELERATED EROSION
The removal of surface materials by the action of natural elements caused by man's manipulation of the landscape.
ALLEY
A right-of-way intended for vehicular travel which serves as a secondary means of access to lots and which abuts the side or rear yards of two or more lots.
APPLICANT
A landowner or developer, as hereinafter defined, who has filed an application for development, including his heirs, successors and assigns. In addition, the owner must sign the plat/subdivision plan.
APPLICATION FOR DEVELOPMENT
Every application, whether preliminary, tentative or final, required to be filed and approved prior to start of construction or development, including but not limited to an application for a building permit, for the approval of a subdivision plat or plan or for the approval of a development plan.
APPOINTING AUTHORITY
The Mayor in cities; the Board of Commissioners in counties; the Council in incorporated towns and Boroughs; the Board of Commissioners in townships of the first class; and the Board of Supervisors in townships of the second class; or as may be designated in the law providing for the form of government.
AUTHORITY
A body politic and corporate created pursuant to the act of May 2, 1945 (P.L. 382, No. 164), known as the "Municipality Authorities Act of 1945."[1]
BLOCK
An area bounded by streets or proposed streets.
BOROUGH
The Mayor and Town Council of the Borough of Chambersburg, which may act through its proper representatives.
BUILDING
Any structure having a roof supported by columns or walls and intended for the shelter, housing or enclosure of persons, animals or chattels, and including covered porches or bay windows and chimneys.
CARTWAY
The portion of a street intended for vehicular use.
CLEAR SIGHT DISTANCE
A line of unobstructed vision from a point 4 1/2 feet (1.3716 meters) above the center line of a street to the farthest point on the top of an object four inches (10.16 centimeters) high on the same center line.
CLEAR SIGHT TRIANGLE
An area of unobstructed vision at street intersections to be established and maintained in accord with the criteria set forth in the Borough Code of Ordinances, Chapter 286, Vehicles and Traffic, Article XI, Clear Sight Triangle, § 286-81.
[Amended 6-16-2008 by Ord. No. 2008-08]
COMMON OPEN SPACE
A parcel or parcels of land or an area of water or a combination of land and water within a development site and designed and intended for the use or enjoyment of residents of a development, not including streets, off-street parking areas and areas set aside for public facilities.
COUNTY
Franklin County, Pennsylvania.
CUL-DE-SAC
A street with access closed at one end and with a vehicular turnaround at the closed end.
CURB
A raised strip of concrete which defines the edge of the cartway and which, together with the water table, forms a gutter for stormwater.
DEVELOPER
Any landowner, agent of such landowner or tenant with the permission of such landowner, who makes or causes to be made a subdivision or land development.
DEVELOPMENT PLAN
The provisions for development, including a planned residential development, a plat of subdivision, all covenants relating to use, location and bulk of buildings and other structures, intensity of use or density of development, streets, ways and parking facilities, common open space and public facilities. The phrase "provisions of the development plan" when used in this chapter shall mean the written and graphic materials referred to in this definition.
DEVELOPMENT PROGRAM
A program which may be required by Town Council as a guide to the overall layout of the entire area of a tract of land or of all of the related land under the ownership or control of a subdivider from which entire area the subdivider has submitted or intends to submit from time to time one or more subdivision plans for specific areas less than the entire area.
DRAINAGE
The flow of water or liquid waste and the methods of directing such flow.
DWELLING
A building designed for residential purposes and used as living quarters for one or more persons.
DWELLING UNIT
One or more rooms used for living and sleeping purposes and having a kitchen with fixed cooking facilities arranged for occupancy by one family or a single person.
EARTHMOVING
Any construction or other activity which disturbs the surface of the land, including but not limited to excavation, embankments, land development, subdivision development, mineral extraction and the moving, depositing or storing of soil, rock or earth.
EASEMENT
A right granted for the use of private land for certain public or quasi-public purposes; also the land to which such right pertains.
ENGINEER, REGISTERED
A person duly registered as a professional engineer by the Commonwealth of Pennsylvania.
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.
FACADE
The building side facing the street of the mailing address.
A. 
Any act by which earth, sand, gravel or rock or any other material is placed, pushed, dumped, pulled, transported or moved to a new location above the stripped surface and shall include the conditions resulting therefrom.
B. 
The difference in elevation between a point on the original ground and a designated point of higher elevation on the final grade.
C. 
The material used to make a fill.
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 residential or nonresidential buildings, whether proposed initially or cumulatively, or a single nonresidential building on a lot or lots regardless of the number of occupants or tenure; or
(2) 
The division or allocation of land or space, whether initially or cumulatively, 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 subdivision of land.
C. 
Land development does not include development which involves:
[Amended 1-9-2012 by Ord. No. 2012-01]
(1) 
The conversion of an existing single-family detached dwelling or single-family semidetached dwelling into not more than three residential units, unless such units are intended to be a condominium;
(2) 
The addition of an accessory building, including farm building, which building is subordinate to an existing principal building. For the purpose of this definition, a building shall be considered to be subordinate if its floor area is less than the floor area of the principal building on the lot; and it is located on the same lot as the principal building;
(3) 
The addition or conversion of buildings or rides within the confines of an enterprise which would be considered an amusement park. For the purposes of this Subsection C, an "amusement park" is defined as a tract or area used principally as a location for permanent amusement structures or rides. This exclusion shall not apply to newly acquired acreage by an amusement park until initial plans for the expanded area have been approved by the proper authorities.
LANDOWNER
The legal or beneficial owner or owners of land including the holder of an option or contract to purchase (whether or not such option or contract is subject to any condition), a lessee if he is authorized under the lease to exercise the rights of the landowner, or other person having a proprietary interest in land.
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.
MOBILE HOME
A dwelling intended for use or occupancy, office or place of assembly, which is transportable and contained in one unit or two or more units designed to be joined into one integral unit capable of again being separated for repeated towing, which arrives at a site complete and ready for occupancy except for minor and incidental unpacking and assembly operations, and constructed so that it may be used without a permanent foundation.
MOBILE HOME LOT
A parcel of land in a mobile home park, improved with the necessary utility connections and other appurtenances necessary for the erections thereon of a single mobile home, which is leased by the park owner to the occupants of the mobile home erected on the lot.
MOBILE HOME PARK
A parcel of land under single ownership which has been planned and improved for the placement of two or more mobile homes for residential use at a density which is not in compliance with the applicable minimum lot size, yard area and setback requirements for single-family detached dwellings.
PLANNED RESIDENTIAL DEVELOPMENT
An area of land, controlled by a landowner, to be developed as a single entity for a number of dwelling units or combination of residential and nonresidential uses, the development plan for which does not correspond, in lot size, bulk, type of dwelling or use, density or intensity, lot coverage and required open space, to the regulations established in any one district created, from time to time, under the provisions of a municipal zoning ordinance.
PLANNING AND ZONING COMMISSION
The Planning and Zoning Commission of the Borough of Chambersburg.
PLAT
The map or plan of a subdivision or land development, whether preliminary or final.
PRIVATE SERVICE DRIVE
A privately constructed and maintained street used for vehicular travel that is not dedicated, or intended to be dedicated to the Borough, and which serves as a secondary means of access to two or more lots.
[Added 11-27-2006 by Ord. No. 2006-10]
PUBLIC GROUNDS
Includes:
A. 
Parks, playgrounds, trails, paths and other recreational areas and other public areas;
B. 
Sites for schools, sewage treatment, refuse disposal and other publicly owned or operated facilities; and
C. 
Publicly owned or operated scenic and historic sites.
PUBLIC HEARING
A formal meeting held pursuant to public notice by the governing body or planning agency, intended to inform and obtain public comment, prior to taking action in accordance with this act.
PUBLIC MEETING
A forum held pursuant to notice under the act of July 3, 1986 (P.L. 388, No. 84), known as the "Sunshine Act." [2]
PUBLIC NOTICE
Notice published once each week for two successive weeks in a newspaper of general circulation in the municipality. Such notice shall state the time and place of the hearing and the particular nature of the matter to be considered at the hearing. The first publication shall not be more than 30 days and the second publication shall not be less than seven days from the date of the hearing.
RESERVE STRIP
A parcel of ground in separate ownership separating a street or road from adjacent properties or from another street.
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.
SCREENING
A well-maintained fence, wall, hedge or vegetative material at least five feet (1.5240 meters) in height and of a density to conceal from the view of adjoining property owners the structures and uses on the premises on which the screening is required to be located.
SEDIMENTATION
The process by which mineral or organic matter is accumulated or deposited by moving wind, water or gravity; once this matter is deposited (or remains suspended in water), it is usually referred to as "sediment."
SLOPE
Slopes are to be expressed in a percentage based upon vertical difference in feet per 100 feet (30.48 meters) of horizontal distance.
SOIL STABILIZATION
Chemical, vegetative or structural treatment of a mass of soil to increase or maintain its stability or otherwise improve its engineering properties.
STREET
Includes street, avenue, boulevard, road, highway, freeway, parkway, lane, alley, viaduct and any other ways used or intended to be used by vehicular traffic or pedestrians, whether public or private.
STRUCTURE
Any combination of materials, other than a building, which forms a construction, including but not limited to flagpoles, stadiums, platforms, towers, sheds, storage bins, fences exceeding four feet (1.2192 meters) in height, signs, sign posts, lights and light standards for other than residential use but excepting patios, driveways, walks and parking area at yard grade.
SUBDIVIDER
The owner, developer or the authorized agent of the owner of a subdivision or land development.
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, partition by the court for distribution to heirs or devisees, transfer of ownership or building or lot development; provided, however, that the subdivision by lease of land for agricultural purposes into parcels of more than 10 acres, not involving any new street or easement of access or any residential dwelling, shall be exempted.
SUBSTANTIALLY COMPLETED
Where, in the judgment of the Municipal Engineer, at least 90% (based on the cost of the required improvements for which financial security was posted pursuant to Section 509 [3]) of those improvements required as a condition for final approval have been completed in accordance with the approved plan, so that the project will be able to be used, occupied or operated for its intended use.
SURVEYOR, REGISTERED
A person duly registered as a professional surveyor by the Commonwealth of Pennsylvania.
SWALE
A low-lying stretch of land which gathers or carries surface water runoff.
TOPSOIL
Fertile surface and subsurface soils rich in organic matter or humus debris.
USABLE OPEN SPACE
A parcel or parcels of land or an area of water or a combination of land and water within a development site and designed and intended for the use or enjoyment of residents of the subdivision or mobile home park or other development, not including streets, off-street parking areas and areas set aside for public facilities.
WATERCOURSE
A permanent stream, intermittent stream, river, brook, creek, channel or ditch for water, whether natural or man-made.
[1]
Said act was repealed 6-19-2001 by P.L. 287, No. 22, § 3. See now 53 Pa.C.S.A. § 5601 et seq.
[2]
Editor's Note: Said act was repealed 10-15-1998 by P.L. 729, No. 93, § 6(a)(3). See now 65 Pa.C.S.A. § 701 et seq.
[3]
Editor's Note: See 53 P.S. § 10509.

§ 258-15 Interpretation.

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

§ 258-16 Enforcement.

[Amended 8-26-1998 by Ord. No. 98-8]
A. 
Any person, partnership or corporation who or which, being the owner or agent of the owner, shall violate the provisions of this chapter shall, upon being found liable therefor in a civil enforcement proceeding commenced by the Borough of Chambersburg, pay a judgment of not more than $500 plus remedies, plus all court costs, including reasonable attorney fees incurred by the municipality as a result thereof. No judgment shall commence or be imposed, levied or payable until the date of the determination of a violation by the District Justice. If the defendant neither pays nor timely appeals the judgment, the municipality may enforce the judgment pursuant to the applicable rules of civil procedure. Each day that a violation continues shall constitute a separate violation, unless the District Justice, determining that there has been a violation, further determines that there was a good faith basis for the owner, partnership or corporation violating the chapter to have believed that there was no such violation, in which event there shall be deemed to have been only one such violation until the fifth day following the date of the determination of a violation by the District Justice, and thereafter each day that a violation continues shall constitute a separate violation.
B. 
The Court of Common Pleas, upon petition, may grant an order of stay, upon cause shown, tolling the per diem judgment pending a final adjudication of the violation and judgment.
C. 
Nothing contained in this section shall be construed or interpreted to grant to any person or entity other than the municipality the right to commence any action for enforcement pursuant to this section.

§ 258-17 Administration.

[Added 5-22-1991 by Ord. No. 91-4; amended 8-26-1998 by Ord. No. 98-8]
A. 
Modifications.
(1) 
In any case in which an applicant demonstrates to the satisfaction of the Mayor and Town Council that strict application of any provisions of this chapter would be unreasonable and would cause unnecessary hardship as applied to the proposed subdivision or land development, the Mayor and Town Council 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 or in violation of Chapter 300, Zoning, and that the purpose and intent of this chapter is observed.
(2) 
All requests for a modification shall be in writing and shall accompany and be a part of the application for development. The request shall state in full the grounds and facts of unreasonableness or hardship on which the request is based, the provision or provisions of the chapter involved and the minimum modification necessary.
(3) 
The request for modification will be referred to the Planning Commission for advisory comments.
(4) 
The Mayor and Town Council shall keep a written record of all action on all requests for modifications.
(5) 
In granting modifications, the Mayor and Town Council may impose such conditions as will, in its judgment, secure substantially the objectives of the standards and requirements so modified.
B. 
Records.
(1) 
The Borough of Chambersburg shall assign a subdivision application number to all subdivision and land development applications, and all matters referring to an application should be filed in accordance with the subdivision case number. The Borough of Chambersburg shall keep a record of its findings, decisions and recommendations relative to all plans filed with it for review.
(2) 
All such records shall be public records.
C. 
Fees and costs.
(1) 
No application for preliminary or final approval shall be deemed to have been submitted until the fee and escrow deposit, as set forth below, shall have been paid.
(2) 
A subdivision or land development application fee (nonrefundable) and an escrow deposit shall be submitted with any application for preliminary or final plan approval to cover the costs of plan review and processing. Amounts of the application fee and escrow deposit shall be fixed by the Mayor and Town Council by resolution. The escrowed funds shall be used to reimburse the Borough for actual expenditures incident to the review and approval processes, including but not limited to fees of the Borough, legal fees and other engineering or consulting fees. Such fees shall not exceed the ordinary and customary charges by the Borough Engineer, the Attorney or other consultant for similar service in the community, and in no event shall the fees exceed the rate or cost charged by the Engineer or a consultant to the Borough of Chambersburg when fees are not reimbursed or otherwise imposed on applicants. Any unexpected balance in the escrow deposit shall become part of the second deposit required in Subsection C(3) below.
(3) 
Following final plan approval and recording and the establishment of any required performance guaranty, a second escrow deposit shall be established to cover the cost of inspections of improvements construction, materials or site testing or maintenance costs (e.g., snow removal) prior to the acceptance of improvements by the Borough. Any costs incurred by the Borough in excess of the amount held in escrow shall be fully reimbursed by the applicant. Any unexpended balance in the escrow deposit following acceptance of dedication of the improvements by the Borough shall be returned to the applicant. The amount of escrow deposit shall be fixed by the Mayor and Town Council by resolution. In the event that the applicant disputes the amount of any such fees, the applicant shall, within 10 days of the billing date, notify the Borough Secretary that such fees are disputed, in which case the Mayor and Town Council shall not delay or disapprove a subdivision or land development application due to the applicant's request over disputed fees.
(a) 
If within 20 days from the date of billing the Mayor and Town Council and the applicant cannot agree upon the amount of expenses which are reasonable and necessary, the applicant and the Mayor and Town Council shall jointly, by mutual agreement, appoint another professional engineer licensed as such in the Commonwealth of Pennsylvania to review the said expenses and make a determination as to the amount thereof which is reasonable and necessary.
(b) 
The professional engineer so appointed shall hear such evidence and review such documentation as the professional engineer in his or her sole opinion deems necessary and render a decision within 50 days of the billing date. The applicant shall be required to pay the entire amount determined in the decision immediately.
(c) 
In the event that the municipality and applicant cannot agree upon the professional engineer to be appointed within 20 days of the billing date, then, upon application of either party, the President Judge of the Court of Common Pleas of the judicial district in which the municipality is located (or if at the time there be no President Judge, then the senior active judge then sitting) shall appoint such engineer who, in that case, shall be neither the Municipal Engineer nor any professional engineer who has been retained by, or performed services for, the municipality or the applicant within the preceding five years.
(d) 
The fee of the appointed professional engineer for determining the reasonable and necessary expenses shall be paid by the applicant if the amount of payment required in the decision is equal to or greater than the original bill. If the amount of payment required in the decision is less than the original bill by $1,000 or more, the municipality shall pay the fee of the professional engineer, but otherwise the municipality and the applicant shall each pay 1/2 of the fee of the appointed professional engineer.
D. 
Preventive remedies.
(1) 
In addition to other remedies, the Borough of Chambersburg may institute and maintain appropriate actions by law or in equity to restrain, correct or abate violations, to prevent unlawful construction, to recover damages and to prevent illegal occupancy of a building, structure or premises. The description by metes and bounds in the instrument of transfer or other documents used in the process of selling or transferring shall not exempt the seller or transferor from such penalties or from the remedies herein provided.
(2) 
The Borough of Chambersburg may refuse to issue any permit or grant any approval necessary to further improve or develop any real property which has been developed or which has resulted from a subdivision of real property in violation of any ordinance adopted pursuant to this section. This authority to deny such a permit or approval shall apply to any of the following applicants:
(a) 
The owner of record at the time of such violation.
(b) 
The vendee or lessee of the owner of record at the time of such violation without regard as to whether such vendee or lessee had actual or constructive knowledge of the violation.
(c) 
The current owner of record who acquired the property subsequent to the time of violation without regard as to whether such current owner had actual or constructive knowledge of the violation.
(d) 
The vendee or lessee of the current owner of record who acquired the property subsequent to the time of violation without regard as to whether such vendee or lessee had actual or constructive knowledge of the violation.
(3) 
As an additional condition for issuance of a permit or the granting of an approval to any such owner, current owner, vendee or lessee for the development of any such real property, the Borough of Chambersburg may require compliance with the conditions that would have been applicable to the property at the time the applicant acquired an interest in such real property.
E. 
Enforcement remedies; appeals. Appeals from the actions of the Mayor and Town Council with respect to any application for subdivision or land development approval shall be governed by the provisions of Act 247, [1] as they may be amended from time to time, or any successor legislation thereto.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.