In defining the term "land development," the Pennsylvania Municipalities
Planning Code 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.
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 and can obtain all needed permits.
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.
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. 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) 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 or the PA DEP Stormwater Best Practices Manual.
(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.
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.
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.