[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.
This chapter shall be known as the "Chambersburg
Subdivision and Land Development Ordinance."
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.
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[1] in effect at the time of the subdivision. If subdivision
would result in a nonconforming lot, then the subdivider must obtain
a variance from the Zoning Hearing Board.
[Amended 8-13-2007 by Ord. No. 2007-11; 5-16-2022 by Ord. No. 2022-07]
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]
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.
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]
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.
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.
Following preliminary approval, final approval shall be subject to
the terms of the Pennsylvania Municipalities Planning Code[1] and this chapter.
[Amended 10-25-2000 by Ord. No. 2000-11; 10-16-2023 by Ord. No. 2023-19]
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
C.
Subdivided lots may not be sold until final subdivision
plan approval has been given by Town Council.
[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.
(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.
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"[3]), 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.
[3]
Editor's Note: See 36 P.S. § 670-420.
[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)
Except as expressly provided for herein, 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. Subdivision and
land development plans in the Southgate Neighborhood Overlay District
shall not be required to have direct access to a public street, but
rather, access may be via a shared or common space, such as a plaza,
walkway, or parking facilities. Structures in the Southgate Neighborhood
Overlay District may front on a shared or common space, such as a
plaza, walkway, or parking facilities.
[Amended 1-24-2001 by Ord. No. 2001-5; 11-14-2022 by Ord. No.
2022-13]
(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:
(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:
(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.
K.
Parking
lot landscaping specifications.
[Added 9-18-2023 by Ord. No. 2023-15]
(1)
The
end of every parking aisle shall have a parking lot island.
(2)
All
plantings and landscaping maintenance shall be performed in conformance
with the American Standard for Nursery Stock as published by the American
Association of Nurserymen.
(3)
All
trees at the time of planting shall have a minimum trunk diameter
of 1.5 inches at a height of six inches above finished grade.
(4)
Species
selection shall be based upon the existing site conditions, including
the site geology and hydrology, and shall not include any species
listed on the Pennsylvania Controlled Plant and Noxious Weed list.
(5)
No
plantings shall be placed with their center closer than five feet
from the property line of the tract, including road rights-of-way
and utility easements.
(6)
All
plantings shall be perpetually maintained. Any plant, shrub or tree
material that does not survive shall be replaced within six months.
(7)
In order for the Borough to determine compliance with the requirements of this section, a plan prepared by a professional engineer licensed in the Commonwealth of Pennsylvania shall be submitted showing the proposed design of planting strips and landscaping of parking lots, to include a plant schedule and sufficient information as required for installation. For security purposes, as described in § 258-11, an estimate of the cost of completion of the required improvements shall also be provided by the professional engineer.
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.
[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.
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.
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).
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.
LICENSE
MOBILE HOME
MOBILE HOME LOT
MOBILE HOME PARK
PERSON
RECREATION VEHICLE
SERVICE OR RECREATIONAL BUILDING
Definitions. As used in this section, the following
terms shall have the meanings indicated:
Written approval, in whatever form as issued by the Borough
of Chambersburg annually, authorizing a person to operate and maintain
a mobile home park.
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.
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.
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.
Any individual, firm, trust, partnership, public or private
association or corporation, or other utility.
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."
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.
(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:
(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.
(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.
(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:
(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.
[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:
The removal of surface materials by the action of natural
elements caused by man's manipulation of the landscape.
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.
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.
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.
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.
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]
An area bounded by streets or proposed streets.
The Mayor and Town Council of the Borough of Chambersburg,
which may act through its proper representatives.
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.
The portion of a street intended for vehicular use.
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.
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.
Franklin County, Pennsylvania.
A street with access closed at one end and with a vehicular
turnaround at the closed end.
A raised strip of concrete which defines the edge of the
cartway and which, together with the water table, forms a gutter for
stormwater.
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.
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.
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.
The flow of water or liquid waste and the methods of directing
such flow.
A building designed for residential purposes and used as
living quarters for one or more persons.
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.
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.
A right granted for the use of private land for certain public
or quasi-public purposes; also the land to which such right pertains.
A person duly registered as a professional engineer by the
Commonwealth of Pennsylvania.
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.
The building side facing the street of the mailing address.
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.
The difference in elevation between a point
on the original ground and a designated point of higher elevation
on the final grade.
The material used to make a fill.
Any of the following activities:
The improvement of one lot or two or more contiguous
lots, tracts or parcels of land for any purpose involving:
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
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.
A subdivision of land.
Land development does not include development
which involves:
[Amended 1-9-2012 by Ord. No. 2012-01]
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;
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;
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.
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.
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.
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.
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.
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.
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.
The Planning and Zoning Commission of the Borough of Chambersburg.
The map or plan of a subdivision or land development, whether
preliminary or final.
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]
Includes:
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.
A forum held pursuant to notice under the act of July 3,
1986 (P.L. 388, No. 84), known as the "Sunshine Act." [2]
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.
A parcel of ground in separate ownership separating a street
or road from adjacent properties or from another street.
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.
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.
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."
Slopes are to be expressed in a percentage based upon vertical
difference in feet per 100 feet (30.48 meters) of horizontal distance.
Chemical, vegetative or structural treatment of a mass of
soil to increase or maintain its stability or otherwise improve its
engineering properties.
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.
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.
The owner, developer or the authorized agent of the owner
of a subdivision or land development.
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.
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.
A person duly registered as a professional surveyor by the
Commonwealth of Pennsylvania.
A low-lying stretch of land which gathers or carries surface
water runoff.
Fertile surface and subsurface soils rich in organic matter
or humus debris.
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.
A permanent stream, intermittent stream, river, brook, creek,
channel or ditch for water, whether natural or man-made.
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.
[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.
[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.
F.
Lot addition/lot consolidation. In the event that the plat includes
the addition of a lot to a contiguous lot, or the combination or consolidation
of contiguous lots, the applicant shall, as a condition of approval,
provide the following:
[Added 10-16-2023 by Ord.
No. 2023-19]
(1)
A deed of consolidation for the subject lots that shall be in a form
acceptable to the Borough Solicitor. The deed of consolidation shall
expressly set forth that the subject parcel shall be considered as
one parcel. Immediately following the recording of the plat, the applicant
shall record the approved deed of consolidation and provide the Borough
with a copy thereof.
(2)
An acknowledgment/concurrence block with notary shall be provided
on the plat if the lot addition is to be conveyed to a person other
than the applicant.
G.
Development agreement.
[Added 10-16-2023 by Ord.
No. 2023-19]
(1)
Development agreement. All applicants proposing any subdivision or
land development which provides for the installation of improvements
required by this chapter, or any improvements or common amenities
which appear on the final plan, shall be required to enter into a
legally binding development agreement with the Borough prior to recording
of the final plan, unless the governing body determines that a development
agreement is not necessary.
(2)
Terms of development agreement. The development agreement shall be
acceptable in legal form to the Borough Solicitor and shall be acceptable
in content to the governing body. The Borough may require that a development
agreement include any of the following items, where applicable, and
such additional items as are necessary to carry out this chapter:
(a)
The construction depicted on the approved plans, listed in itemized
format, including all approved streets, pedestrian facilities, drainage
facilities, utilities, required landscaping or buffers, common amenities,
and other improvements.
(b)
A schedule for completion of the improvements and the right
to inspect such improvements during their construction and following
completion.
(c)
The provision of a performance guaranty for completion of required improvements in compliance with § 258-11 and the provision of required maintenance security.
(d)
Provisions concerning the developer's responsibilities
for damage to other property, including maintenance by the developer
of public liability insurance for the duration of construction of
the improvements, with an indemnification and hold harmless clause
to protect the Borough from liability related to such work.
(e)
Provisions requiring that the applicant and/or other responsible
entities ensure that erosion, sedimentation, and stormwater management
plans are complied with and function as designed.
(f)
Provisions for the dedication of streets, utilities, and any
other easements or improvements to be dedicated, as well as their
necessary form and title.
(g)
Provisions regarding the submission of record drawings.
(h)
Provisions for the developer's responsibility to remit
escrowed funds for and costs of the Borough with respect to the development
and improvements.
(i)
Provisions concerning any default or violations of the development
agreement.
(j)
Provisions regarding review of declarations or agreements for
developments which include common elements, as well as necessary provision
therefor.
(k)
Provisions regarding the payment of any fee-in-lieu-of requirement.
(l)
Provisions regarding any required Pennsylvania Department of
Transportation permits for the development, including, but not limited
to, provisions regarding the developer's responsibility for all
costs related to the installation, maintenance, and repair of improvements
required by said permits, as well as indemnification and hold harmless
provisions for the design and installation of said improvements.
(m)
Provisions regarding any required sewer planning or improvements
to facilitate the development and the developer's responsibility
for costs related thereto.
(n)
Provisions for the extension or improvement of utilities necessary
to serve the development, including required tapping fees and other
applicable charges.
(o)
Any other lawful terms which the governing body may require
to carry out the provisions of this chapter.
(3)
Agreement to run with the land. The development agreement shall run
with the land and be recorded in the Franklin County Recorder of Deeds
Office at the expense of the developer.
