In defining the term "land development," the Pennsylvania Municipalities Planning Code[1] recognizes both subdivisions and other forms of land development. This article sets forth the standards for these other land developments.
A. 
It shall be unlawful for an applicant to construct land developments as defined herein without complying with standards set forth in this article. Additional criteria for certain land developments are covered in subsequent sections in this article.
B. 
Land development:
(1) 
For the purpose of this article, 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 structures, whether proposed initially or cumulatively, or a single nonresidential structure on a lot or lots regardless of the number of occupants or tenure.
(2) 
The Pennsylvania Municipalities Planning Code excludes the following developments from being considered as a land development, and, thus, they are not subject to this article:
(a) 
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.
(b) 
The addition of an accessory building, including farm buildings, on a lot or lots subordinate to an existing principal building.
(c) 
The addition or conversion of buildings or rides within the confines of an enterprise, which would be considered an amusement park. For purposes of this subsection, 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 proper authorities.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
Land developments that meet all of the following standards, making it a minor land development, will be regarded as approved and will not be required to submit additional applications to the Borough of New Wilmington, and will not be required to record the land development.
A. 
It does not involve a nonagricultural earth disturbance of more than one acre.
B. 
It does not involve a building, combination or group of buildings of greater than 2,500 square feet gross floor area, or generate more than 50 one-way, peak-hour vehicle trips per day, per the Trip Generation Manual of the Institute of Transportation Engineers (latest edition).
C. 
It complies with the Borough of New Wilmington Zoning Ordinance[1] and can obtain all needed permits.
[1]
Editor's Note: See Ch. 275, Zoning.
In processing a major land development, the three-stage procedure established in this chapter for subdivisions shall be used: sketch plan (optional, not mandatory), preliminary site plan, and final site plan. Unless otherwise noted, the processing requirements, drawing size, certifications, acknowledgments, number of copies, etc., for submission of land development site plans shall be the same as for a subdivision, and the final site plan shall be recorded in the Lawrence County Recorder's office.
In addition to other final plan requirements for a major subdivision, the following items shall be included for final plan review for all land developments, as applicable:
A. 
Site plans, as required in this article, engineering plans detailing the construction of all required improvements, and other data information establishing compliance with the design standards of this article.
B. 
Proof of approvals by all appropriate public and governmental authorities or agencies where applicable, including but not limited to permits for any planned road entrances onto existing roads or highways (PennDOT or municipal) and permits or approvals from the Department of Environmental Protection or other state agencies relating to sewage facilities, water obstructions, air quality, etc., as applicable.
C. 
In case of multiowner or multitenant developments, proof of the organization and means for management and maintenance of common open space, parking and other common utilities or improvements. Instruments demonstrating creation of an association or entity or other means of assuring continuing maintenance shall be required.
A. 
In lieu of a plot plan, the developer shall submit a site plan. Such plan shall be at a scale determined as follows:
(1) 
If the size of the proposed land development is five acres or smaller (including buildings, parking and nonagricultural earth disturbance areas), the site plan shall be drawn to a scale of one inch equals 50 feet.
(2) 
If the size of the proposed land development is between five acres and 10 acres (including buildings, parking and nonagricultural earth disturbance areas), the site plan shall be drawn to a scale of one inch equals 100 feet.
(3) 
If the size of the proposed land development is over 10 acres (including buildings, parking and nonagricultural earth disturbance areas), the site plan shall be drawn to a scale of one inch equals 200 feet.
(4) 
Where it is planned that building, parking lot and earth disturbance of the land development will cover an area in excess of five acres, topographic data at two-foot contour intervals shall be included on the site plan.
B. 
In addition to the other requirements for preliminary and final subdivision and land development plans set forth, as applicable, each land development site plan shall, through one or more pages, show:
(1) 
Existing site conditions (topography, drainage, tree clusters, buildings, utilities, streets and neighboring properties).
(2) 
Proposed developments, including building footprints (with frontal elevation), parking, vehicular and pedestrian access areas, storm drainage, landscaping, utility location, and size.
Major land developments shall meet the following design requirements. It is recognized by the Borough of New Wilmington that the design process should be somewhat flexible, pursuant to the intent of Section 503(5) of the Pennsylvania Municipalities Planning Code.[1] The criteria and design for facilities for transportation and parking shall be based upon accepted professional publications and/or resources. The publication shall include Transportation and Land Development [latest edition, Institute of Transportation Engineers (ITE)]; Traffic Access and Impact Studies for Site Development, ITE; Traffic Impact Analysis, American Planning Associates (PAS #387); or similar publications from these organizations, or AASHTO.
A. 
General design.
(1) 
The developer shall make satisfactory provision for the improvements necessary to the proper functioning of the development, including but not limited to street access signs, water supply facilities, sewage disposal facilities and stormwater management.
(2) 
The development plan shall provide for adequate privacy, light, air and protection from noise through building design, street layout, screening, plantings and placement of buildings.
(3) 
All land developments required to submit plans for approval by the Pennsylvania Department of Labor and Industry shall show evidence of approval by that agency.
(4) 
Where applicable, proof of a highway occupancy permit (PennDOT) or similar driveway/road access permit shall be required.
B. 
Transportation.
(1) 
Vehicular access connections to the surrounding existing street network shall be safe, shall have adequate sight distances and shall have the capacity to handle the projected traffic. The developer shall follow the access management standards, as set forth by the Borough's Zoning Ordinance.[2]
[2]
Editor's Note: See Ch. 275, Zoning.
(2) 
Streets may be planned for dedication to the public or may be planned as private streets to be maintained by the developer or other association or entity. Public streets shall comply with the standards set forth by this chapter.
(3) 
For multibuilding land developments, a complete interior pedestrian circulation plan shall be submitted by all developers indicating the safe and efficient movement of people within and through the site. All traffic, parking and pedestrian plans shall be completed using such standard resource criteria as provided by the American Planning Association or the Institute of Transportation Engineers (ITE). Copies of any traffic studies required by the Pennsylvania Department of Transportation for road access or signalization shall be provided to the Borough. That study shall be reviewed for completeness using the most current publications of the Institute of Transportation Engineers. If the study does not cover the recommended information of the ITE, supplemental data shall be required.
(4) 
Requirements for traffic impact studies. Any development which is expected to generate a daily traffic volume of 750 trips shall prepare a traffic impact study. The study shall follow the recommendations of the Institute of Transportation Engineers (see Transportation and Land Development, latest edition, ITE). See also the Borough Zoning Ordinance.
C. 
Waste storage and disposal. Waste storage and disposal areas for the land development shall be planned and constructed in a way that they are shielded from the public right-of-way or neighboring properties. Any "dumpster" shall be in a three-sided structure, enclosed with a gate to promote proper maintenance of the area, preventing unsightly conditions, offensive odors, vermin, etc.
D. 
Parking.
(1) 
A parking and access plan shall be submitted along with estimated traffic flows. The developer shall demonstrate that the proposed parking/access layout is adequate for the proposed development, based upon standard parking capacity measurements, including number of spaces per anticipated development type.
(2) 
Number of parking spaces required. The number of off-street parking spaces provided shall be based upon standards of the Borough Zoning Ordinance.
(3) 
Drainage and stormwater control. All parking and loading areas and access drives shall have either:
(a) 
A mud- and dust-free surface, graded with positive drainage, and using pervious material to prevent the flow of surface water onto neighboring properties, in accordance with the New Wilmington Borough Stormwater Management Ordinance[3] or the PA DEP Stormwater Best Practices Manual.
[3]
Editor's Note: See Ch. 203, Stormwater Management.
(b) 
A paved surface constructed and graded to conform to the New Wilmington Borough Stormwater Management Ordinance or the PA DEP Stormwater Best Practices Manual.
(4) 
Location and parking. Required parking spaces shall be located on the same lot with the principal use.
(5) 
Screening, landscaping and setbacks. Off-street parking areas for more than 35 vehicles and off-street loading areas shall be effectively screened on any side that adjoins a dwelling, residential district, or platted residential lots. Ten-foot planting strips between the parking lot and all lot lines to be planted with one hardwood or coniferous tree per each 20 parking spaces or combination thereof. Eight percent of the total interior space shall be devoted to interior planting strips to be maintained in trees, shrubbery, and/or annual plants designed in pervious, dust- and mud-free material. Interior planting strips shall be at least eight feet wide unless protected by a bumper block set back two feet from the edge of the planter strip. Drainage plans shall take full advantage of pervious material areas. In addition, there shall be a planting strip of at least eight feet between the front lot line and the parking lot. Such planting strips shall be suitably landscaped and maintained. Any landscaping in the front planting strip shall not include shrubs higher than three feet in height. Trees shall be hardwoods, with at least eight feet of cleared trunk for adequate visibility.
(6) 
The development is in full compliance with the Borough's Zoning Ordinance.[4]
[4]
Editor's Note: See Ch. 275, Zoning.
E. 
Stormwater management. A stormwater management plan meeting the requirements of the County of Lawrence and the Borough (see Chapter 203 of the Borough's Code of Ordinances) and embracing the principle of no net increase in off-site runoff shall be provided.
F. 
Landscaping. For multibuilding land developments, a complete landscaping plan shall be submitted that includes a complete interior landscape plan in addition to a landscaped transition to adjoining properties. Landscape treatment shall be provided to enhance architectural features, manage stormwater runoff or provide energy conservation through climate control.
G. 
Exterior lighting. Exterior lighting, when used, shall be of a design and size compatible with adjacent areas and in accordance with the standards of the Illuminating Engineer Society. Lighting shall be designed to reduce glare and excessive illumination to surrounding properties while providing for public safety. Full cutoff fixtures shall be required. When abutting residential uses or districts, fixtures shall be no higher than 20 feet and aimed away from the property line.
H. 
Water and sewer. Water and sanitary sewer service shall be provided using the Borough system and the Borough's Municipal (Water) Authority system.
I. 
Utilities. Gas, electric, telephone and cable utilities shall be located in land developments in accordance with utility company standards and requirements. All such utilities shall be underground.
[1]
Editor's Note: See 53 P.S. § 10503(5).
Insofar as the land development involves the lease or rental of buildings and/or space on the site and site improvements (such as streets, parking areas and stormwater drainage devices), which are to be privately maintained or maintained by a private (nonpublic) organization or entity created by the developer, there may be no need for municipal acceptance of the site improvements. However, in these instances where public acceptance is requested, such streets and stormwater drainage shall be designed and built to the standards established in this chapter. Where the developer does not intend to maintain the improvement and where a homeowners' association or similar organization will not be organized for these responsibilities, the developer will submit a plan for maintenance of such facilities. This document will be legally enforceable, one clearly establishing maintenance responsibility. It must be approved by the municipality or any accepting authority.
A. 
Exception for minor land developments. For the purpose of this article, a multifamily dwelling development involving not more than nine dwelling units shall be considered a minor land development.
B. 
Recreation area. Multifamily dwellings shall reserve no less than 10% of total lot area as passive or active recreation space for the benefit of residents. This land shall be suitable for the purpose for which it is proposed.
C. 
Parking. All required parking shall be on site, with adequate full cutoff lighting and paved with walkways from the parking areas to the dwelling units.
A. 
Definitions.
(1) 
For the purpose of this article, "recreational vehicles" and "recreational vehicle parks" shall be defined as follows:
RECREATIONAL VEHICLES (RVs)
A vehicular type unit primarily designed as temporary living quarters for recreational, camping or travel uses, which either has its own motive power or is mounted on or drawn by another vehicle. The basic entities are travel trailer, camping trailer, truck camper and motor home.
RECREATIONAL VEHICLE OR RECREATIONAL CAMP PARK
A plot of land upon which four or more recreational sites are located, established or maintained for occupancy by recreational vehicles or tents of the general public as temporary living quarters for recreation or vacation purposes. (Size limit for individual RVs is 400 square feet.)
(2) 
The standards set forth under this section are intended for those recreational vehicle parks/camps where lots within the park are for rental or lease and are to serve short-term use. Parks/camps are not intended for year-round use. Parks/camps shall be closed from November through February of each year.
B. 
Permits. In addition to the rules and regulations specified in this chapter, the developer shall submit any needed permits or approvals from Lawrence County and/or state agencies. In particular, compliance with drinking water and sanitary sewage facilities and solid waste disposal regulations shall be required.
C. 
Plan requirements. Persons, firms or corporations proposing to open a recreational vehicle park in the Borough shall not proceed with any construction work on the proposed park unless and until they have obtained from the Borough written approval of the preliminary plan of the proposed park, according to the following procedures:
(1) 
Preapplication procedure. The recreational vehicle park developer should meet with the Borough staff, prior to formal application, to discuss his plans and shall prepare a suitable sketch and plans sufficient to give a general understanding of the proposal. The Borough can inform the developer as to the general suitability of the plans and of any modifications required by this chapter, if deemed advisable.
(2) 
Preliminary plan. The developer shall then prepare and submit a preliminary plan, together with improvement plans and other supplementary material, as required.
(a) 
Where a recreational vehicle or recreational camp park is proposed for construction in a series of stages, a preliminary plan for the development of the entire tract of land shall be submitted along with the detailed plans and specifications for the initial stage, as well as any subsequent stages.
(b) 
Preliminary plans, as required, shall comply in form and content as follows, insofar as applicable and the standards set forth herein.
D. 
Plan preparation requirements. All applications shall contain the following:
(1) 
Name, mailing address, legal address and telephone number of the applicant.
(2) 
Interest of the applicant in the proposed park.
(3) 
Location, address and legal description of the entire proposed park site.
(4) 
Complete engineering plans and specifications of the proposed park showing:
(a) 
The area and dimensions of the entire tract of land.
(b) 
The land uses occupying the adjacent properties.
(c) 
The number, size and location of the proposed vehicle sites and other parking areas.
(d) 
The location, right-of-way and surfaced roadway width, roadway design and walkways.
(e) 
The proposed interior vehicular and pedestrian circulation patterns.
(f) 
The location of service buildings, sanitary stations and any other existing or proposed structures.
(g) 
The location of water and sewer lines and riser pipes.
(h) 
Plans and specifications of the water supply, sewage disposal and refuse facilities with requisite approvals.
(i) 
Plans and specifications of all buildings constructed or to be constructed within the park.
(j) 
The locations and details of area lighting, electric, natural or propane gas systems, cable television, and telephone, as related to all applicable codes and sound engineering practice.
(5) 
Soil erosion and sedimentation control plan. The owner shall submit to the Lawrence County Conservation District a soil erosion and sedimentation control plan. Such plan shall be prepared by a registered Pennsylvania professional engineer and shall be as per Conservation District guidelines, as may be applicable. Such plan shall be approved prior to commencement of site preparation and construction.
(6) 
Stormwater management. The owner shall prepare and submit for review and approval to the Borough a stormwater management plan. Such plan shall indicate the proposed stormwater handling system, proposed water retention and release schedule to eliminate the effects of uncontrolled water runoff on adjacent properties and conform to the PA DEP Stormwater Best Practices Manual.
(7) 
All plans must be filed with the Borough office at least one week prior to the Planning Commission's next scheduled meeting. The application must be complete, on the appropriate form and all necessary fees paid.
E. 
Borough action. The preliminary plan shall be processed as a major land development.
F. 
Nature of approval. Approval of a preliminary plan by the Borough shall not constitute approval of the final plan or of roads or other improvements therein but it is rather an expression of approval of layout submitted on the preliminary plan as a guide to the preparation of the final plan, which shall be submitted for approval to the Borough upon fulfillment of the requirements herein.
G. 
Final plan. Upon completion of any conditions required by the Borough and/or upon completion of required public improvements, the developer may apply for approval of the final plans.
H. 
Borough review. The Borough shall review the final plan in accordance with this chapter.
I. 
Design requirements.
(1) 
Lot area requirements. The planning and location of individual recreational vehicle lots shall be governed by the following minimum requirements:
(a) 
Lot area. Recreational lots shall be designated to accommodate a minimum width of 30 feet and shall not be less than 2,000 square feet in total area, excluding rights-of-way. Such size is considered to accommodate parking for one recreational vehicle or tent site, one automobile parking space, an accessory structure and related outdoor facilities (grill, picnic tables, benches, etc.).
(b) 
Setback requirements. Front setback for recreational vehicles, tent sites, etc., units shall be 20 feet along any internal road. Permanent structures, such as bathhouses, administration offices, recreation centers and other ancillary facilities, shall be set back from public streets 75 feet as measured from the center line of the street or roadway, from interior streets 25 feet.
[1] 
Side setback: five-foot minimum to closest point.
[2] 
Rear setback: five-foot minimum to closest point.
(c) 
Perimeter requirements. Any buffer areas, as required below, shall be landscaped with a selection of shrubs and evergreen trees. These shall be healthy nursery stock, and all trees shall be at least four feet high at the time of planting and shall be planted no less than 10 feet apart.
[1] 
When abutting residentially developed properties, a buffer strip with a minimum width of 30 feet shall be provided parallel to the park property line. When abutting nonresidential properties, the buffer strip shall be 20 feet from the park property line.
[2] 
When abutting an existing dedicated public right-of-way, the setback shall be 25 feet from the existing right-of-way.
(2) 
Roadway design standards. Recreational park roads shall be designed for the safe and convenient movement of recreational vehicles, minimizing disturbance of the natural environment. The internal street system shall be as follows:
(a) 
Streets. Such streets shall serve as an internal street for the development and provide access to individual park lots, administration and ancillary facilities. Such streets shall be improved as outlined below.
(b) 
Internal street cartways:
[1] 
One way: 12 feet.
[2] 
Two way: 20 feet.
(c) 
The surfacing shall be crowned or sloped as indicated, and the final compacted depth shall comply with the depth shown on the drawings. Paved or gravel roads shall be acceptable, but must be mud free.
(d) 
Cul-de-sac streets shall be provided with a turnaround having an outside roadway diameter of at least 100 feet.
(3) 
Parking spaces. The number of parking spaces and their size shall conform to the Borough's Zoning Ordinance.[1]
[1]
Editor's Note: See Ch. 275, Zoning.
(4) 
Excavation and grading. Streets shall be excavated and graded as indicated on the approved plans.
J. 
Maintenance. All developers shall present a plan for the continued maintenance and upkeep of this facility that must be approved by the Borough.
K. 
Recording of plan. Upon approval of the plan, preliminary or final, the developer shall, within 90 days, have it recorded in the Lawrence County Office of the Recorder. Failure to record said plan within 90 days of approval will result in said approval being deemed null and void and require the plan to be resubmitted and the plan to be reapproved.
L. 
Phasings. These facilities are regarded as land developments and shall not be phased but developed as a whole.